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Agenda 01/24/2012 Item #16A101/24/2012 item 16.A.10. EXECUTIVE SUMMiARY Recommendation to approve Supplemental Joint Participation Agreement (JPA) No. 1 providing additional revenue in the amount of $25,342 from FY 2011 /2012 Federal Transit Administration Section 5311 American Recovery and Reinvestment Act (ARRA) finding. OBJEC'T'IVE To receive additional revenue in the amount of $25,342 from FY 2011/2012 Federal Transit Administration Section 5311 American Recovery and Reinvestment Act (ARRA) funds. CO=KRA, T1=: The Federal Transit Administration (FTA) provides funding to States under the Section 5311 grant program for the purpose of supporting transit in rural areas. This funding is passed through the Florida Department of Transportation (FDOT) to local governments. In June 2009, the Board accepted the FY08-09 grant award under the FTA Section 5311 ARRA Program in the amount of $415,090.00 and executed a Joint Participation Agreement (JPA) No. API19 (426772 -1- 94-01) between the FDOT and Collier County. On November 22, 2011, the FDOT sent notification to the County of an additional allocation of Section 5311 funding in the total amount of $25,342. This supplemental JPA provides for the distribution of the additional ARRA 5311 funds in the amount of $7,342 for CAT to complete n the Mobility Management Project and $18,000 to complete the implementation of Electronic Fareboxes/ITS system and vault. In addition, the Supplemental JPA adds the E -verify clause and extends the contract end date from its original date of December 31, 2012 to December 31, 2013. FIS-CAL IMPACT: A budget amendment is required in the amount of $25,342 in FY 12 to recognize grant revenue within in ARRA Grant Fund (125) project 35065. The FTA Section 5311 ARRA grant requires no local match and is 100 % grantor funded LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient for Board action, and requires majority vote for approval. -JAIC GROWTH MANAGEMENT U"ACT: Consistent with Objective 10 _and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: To approve Supplemental JPA No. 1 to Agreement API19; to approve a budget amendment to recognize the additional revenue received in the amount of $25,342 into Fund 426 Project 35065; and, to authorize the Chairman to execute the Supplemental JPA. Prepared By: Glama Carter, Public Transit Manager n Attachments: (1) Supplemental JPA No. 1 Packet Page -1432- 1/24/2012 Item 16.A.10. 7M Florida Departinent q Transportation RICK SCOIT 801 Nardi Broadway Avenue ANANTH PRASAD. P.E. GOVERNOR 11 Barlmv. Florida 33830 SECRETARY January 5, 2012 Ms. Michelle Arnold, General Manager Collier County Government Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 RE: Supplemental Joint Participation Agreement Number I for the Federal Transit Administration "Section 5311- American Recovery and Reinvestment Act (ARRA) Funds" Department Participation in Collier County's Non-Urban Area Public Transportation Services Financial Project Number 426772-1-94-01; -04 and -05, -06 / Contract Number AP119 Federal Grant No.: FL-86-X00I Dear Ms. Arnold: Enclosed are four (4) originals of the Supplemental Joint Participation Agreement (JPA) Supplement/Amendment Number I providing an additional $25,342.00 in the Department*s participation, using pass-through funds from the Federal Transit Administration (FTA) Section 5311 American Recovery and Reinvestment Act (ARRA) Program, in the Agency's non-vehicular capital expenses associated with the provision of public transportation services in the non-urbanized areas the non-urbanized areas of Collier County, Florida. This Supplemental Agreement provides FY 2011112 American Recovery and Reinvestment Act (ARRA) funds for Collier County to complete its Mobility Management project (FM Number 426772-1-94-04) using $7,342.00 in funds on FM number 426772-1-94-05, and, to complete its Electronic Fare box/ITS package and Vault' project (FM number 426772-1-94-01) using $18,000.00 in funds on FM number 426772 -1 -94- 06. The contract is amended by adding the E-Verify language and extending the expiration date of the Agreement to December 31, 2013. Please execute and return three (3) of the original copies of the Supplemental Agreement in accordance with the attached checklist. ' Do not date the Agreements. The fourth copy of the Agreement is for your records. I am also enclosing a sample Resolution for your convenience with respect to Department requirements. If you require additional information or have any questions, please feel free to contact Ms. Julia B. Davis, AICP, Transit Projects Coordinator, at (239) 656-7800 or via e-mail at J ulia.clavis(abdot. state ft us. Sincerely, Terry Beacham District Modal Development Administrator TWB/RPS/JBD Encl* 6 cc: Glama Carter, Collier County Jan Parham, Florida Department of Transportation, Modal Development Office/Public Transit Richard P. Shine, Florida Department of Transportation, Modal Development Office/Public Transit Julia B. Davis, AICP, Florida Department of Transportation, Modal Development OfficeiPublic Transit Packet Page -1433- Financial Project NO.: 42677219401 nein•segmen •pnase•sequence Contract No.: AP119 1/24/2012 Item 16.A.10. STATE OF FLORMAOEPARTMENT of TRANSPORTATION 725.010-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 08111 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT PW 1 O1, Number One Fund: FSDU Function: 680 Federal No.: 49CFR 5311 ARRA FLAIR Category: 088825 Object Code: 563022 Org. Code: 55012020129 DUNS No.: 076997790 ' Vendor NO.: F596000558004 Catalog of Federal Domestic Assistance Number: 20.509 Catalog of State Financial Assistance Number: NIA THIS AGREEMENT, made and entered into this day of 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 Board of County Commissioners 3301 East Tamiami Trait; Naples FL 34112 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 16th day of June 12009 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto: and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $440,432.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to now from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended NIA Packet Page -1434- 1/24/2012 Item 16.A.10. T25-03DC PUBLIC TRANSPORTATION W11 Page 2 d 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $25,342.00 bringing the revised total cost of the project to $ 440.432.00 Paragraph 4.00 of said Agreement is increased by $25,342.00 bringing the Department's revised total cost of the project to $ 440,432.00 3.00 Amended Exhibits: Exhibit(s) A, B. of said Agreement is amended by Attachment "K. 4.00 Contract Time: Paragraph 18.00 of said Agreement December 31st 2013 5.00 E Verffy Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E Verify system to verify the employment eligibility of all new employees hired by the Vendor /Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Page -1435- Financial Project No. Contract No. AP119 Agreement Date 1/24/2012 Item 16.A.10. 77 PUBLIC TRANSPORTATION 3 0&11 Pa 42677219401 Except as hereby modified, amended or changed, all other terms of said Agreement dated June 16th 2009 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Collier County Board of County Commissioners AGENCY NAME SIGNATORY' (PRINTED OR TYPED) SIGNATURE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Packet Page -1436- 1/24/2012 Item 16.A.10. 7 PUBLIC TRANSPORTATION OBn t Pope 4 of 4 Financial Project No. 42677219401 Contract No. API 19 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners 3301 East Tamiami Trail; Naples FL 34112 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): We are adding $7,342:00 in FY 11/12 FTA 5311 ARRA funds to this contract (via FM 426772- 1 -94 -05) for the completion of the Mobility Management project, which is FM 426772 -1- 94-04. We are adding $16,000.00 in FY 11/12 FTA 5311 ARRA funds to this contract (via FM 426772 -1- 94-06) for the completion of the Electronic Fare boxes (ITS package and vault) project, which is FM 426772- 1 -94 -01. 1. Project Cost. As Approved As Amended Net $415,090.00 $440,432.00 $25,342.00 Total Project Cost $415,090.00 $440,432.00 $25,342.00 II. Fund As Approved As Amended Net Department $415,090.00 $440,432.00 $25,342.00 Agency: $0.00 $0.00 $0.00 $0.00 $0.00 $Q.04 Total Project Cost' $415,090.00 $440,432.00 $25,342.00 Comments: We are supplementing the funds as described above, and we are amending the agreement as follows: 1. Amending the contract to add the E -verify clause; 2. Amending the contract end date to December 31, 2013. Packet Page -1437- 1/24/2012 Item 16.A.10. Davis, Julia From: The job F1989HLR Sent: Monday, November 07, 2011 3:56 PM To: Davis, Julia Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AP119 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #API19 Contract Type: AH Method of Procurement: G Vendor Name: COLLIER COUNTY B Vendor ID: VF596000558004 Beginning date of this Agmt: 06/16/09 Ending date of this Agmt: 12131/13 Contract Total /Budgetary Ceiling: ct = $440,432.00 Description: FTA 5311 American Recovery and Reinvestment Act ARRA capital funds ORG -CODE *ED *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 *PT *563022 * 7342.00 *42677219405 *215 *20.509 2012 *55100100 *088825/12 S081 *00 * 12 A *0005/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 7,342.00 ------------------------------------------------------------------------ FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 11/07/2011 Packet Page -1438- 1/24/2012 Item 16.A.10. Davis, Julia From: The job F1989HLR Sent: Monday, November 07, 2011 3:56 PM To: Davis, Julia Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT API19 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #API19 Contract Type: AH Method of Procurement: G Vendor Name: COLLIER COUNTY B Vendor ID: VF596000558084 Beginning date of this Agmt: 06/16/09 Ending date of this Agmt: 12/31/13 Contract Total /Budgetary Ceiling: ct = $440,432.00 Description: FTA 5311 American Recovery and Reinvestment Act ARRA capital funds ***************************************** * * ** * * * * * * * * * * * * * * * * * * * * * * * * * ** ORG -CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 *PT *563022 * 18800.00 *42677219406 *215 *20.509 2012 *55100100 *088825/12 5002 *00 * 12 B *0006/04 -------------------------------- TOTAL AMOUNT: *$ 18,000.00 * ------------------------------------------------------------------------ FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 11 /07/2011 - Packet Page -1439- Financial Project No.: See Exhibit 5 acm- aegmen iasa•scq %scncc Contract No.: CFDA dumber 1/24/2012 Item 16.A.10. sa,�rEOFrrt;�,r:,��ist,�zrrcr rr€sz:;rc:zt,�;;�sa .ro�ru PUBLIC TRANSPORTATION !Sc,c rgrdsSagtrr,.t: JOINT PARTICIPATION AGREEMENT FSDU r 580 Federal No.: 49USC5311 ARRA AP119 IDUNS No.: 20.509 CSFA Number FLAIR Approp.: 088825 FLAIR Obj.: 583022 Org, Cede: 55012020129 Vendor No.: F596000558004 THIS AGREEMENT, made and entered into this —l�..— day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO . an agency of the State of Florida, hereinafter referred toes the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail; Naples, Florida 34112 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2012 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. kN'lTNESSETH: 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 transportation system and is authorized under 341.051(1) (a) Florida Statutes, to enter 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 the Department's participation, using pass - through grant funds from the American Recovery and Reinvestment Act (ARRA) Federal Transit Administration Section 5311 Program, in the Agency's non - vehicular capital expenses associated with the Agency's provision of public transportation services in the non - urbanized areas of the County(ies), as identified in Exhibit B in this Agreement. and as further described in Exhibit {s} A, B, C, and D attached hereto and by this reference rrade a pan hereof, hereinafter referred to as the protect, and to provide bepartmental 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_ Packet Page -1440- I ^%, r 2.00 Accomplishment of the Project 1/24/2012 Item 16.A.10. 725.030M PUBLIC TRANSPORTATION 0687 Paps 2 of 14 2.10 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 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 Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project 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 matters so requisite. 2.30 Funds of the A gency: The Agency shall 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. 2,40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit B . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ See Exhibit B as detailed in Exhibit "B ", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B ", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is Di is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage 0 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 in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Packet Page -1441- 6.00 Project Budget and Payment Provisions: 1/24/2012 Item 16.A.10. 7250300E PV" TRANSPORTATION 0507 Pops 3 of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines /procedures and "Principles for State and Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Packet Page -1442- 1/24/2012 Item 16.A.10. 72S4 30M PUBLIC TRANSPORTATION �\ 06W Pap 4 0114 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 procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non - profit organizations as defined in OMB Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133. 3. If the recipient expends less than the amount in Part 1, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. 1 n 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 state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, 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. Packet Page -1443- /Pk Part III Other Audit Requirements 1/24/2012 Item 16.A.10. nsaaoos PUBLIC TRANSPORTATION MW page S of 14 1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OM B Circular A -133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Modal Development Office/ Public Transit, MS 1 -39 801 North Broadway Avenue, Bartow, FL 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 (e)(2), OMB Circular A -133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation, District One Headquarters Modal Development Office/ Public Transit, MS 1 -39 801 North Broadway Avenue, Bartow, FL 33830 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Modal Development Office/ Public Transit, MS 1 -39 801 North Broadway Avenue, Bartow, FL 33830 Packet Page -1444- '* 1/24/2012 Item 16.A.10. ns PuaUCTRANSPORTATION 051W PpP6of14 Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Modal Development Office/ Public Transit, MS 1 -39 801 North Broadway Avenue, Bartow, FL 33830 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -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 Modal Development Office/ Public Transit, MS 1 -39 801 North Broadway Avenue, Bartow, FL 33830 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Section 215.97, Florida Statutes, and ^ Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (Vocal governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. Packet Page -1445- 8.00 Requisitions and Payments: "� 1/24/2012 Item 16.A.10. 725 -07608 PUBLIC TRANSPORTATION 05W Pepe 7 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, Bartow 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 7.10 hereof) to justify and support the payment requisitions. 8.11 invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department 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 terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, 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 or services received under a contract or other arrangements which have not been approved in writing by the Department. Packet Page -1446- 1/24/2012 Item 16.A.10. 725m04M PUBLIC TRANSPORTATION �\ 0637 Peps 8 Of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable. infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Packet Page -1447- 4th '+ 1/24/2012 Item 16.A.10. 72&030M PUSUC TRANSPORTATION 06W Pape 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. ^ Packet Page -1448- ~ A% 1/24/2012 Item 16.A.10. > PU&X TRANSPORTATION 06107 Pape 10 d 14 13.50 Prohibited Interests: The Agency shall not enter into a contractor arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officers, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order the( appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Packet Page -1449- "` 1/24/2012 Item 16.A.10. 72540M PUBLIC TRANSPORTATION OBW �\ Papa 11 d 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Packet Page -1450- 1/24/2012 Item 16.A.10. 726-03008 PULE TRANSPORTATION /�, OG107 Page 12 d 14 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2012 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. agency. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state Packet Page -1451- A% 1/24/2012 Item 16.A.10. 726-03M PLIM C TRANSPORTATION OW? /01 Page 13 a/14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413 -5516 or by calling the Department of Financial Services Hotline, 877 - 693 -5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Packet Page -1452- 1/24/2012 Item 16.A.10. Pagv is y'. 14 Financial Project No. See Exhibit B Contract No. API1 g Agreement Date Qp t U -- C:�9 :N WITNESS WHEREOF, the parties hereto have caused these presents be executed the day and year first above written, AGENCY FDGT Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAM=- Approval by Comptroller Donna Fiala SIGNATORY (PRINTED PED) SIGNATURE Chairman TITLE ATTEST" ZTE. ROC ', LERK 3 S *M'Ur`le CIA Axed as to form & k1w sufadevey .CzLZL�- Deputy County Attorney S REV0,V TMENT 0, TAANSP DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Packet Page -1453- 1/24/2012 Item 16.A.10. Collier County, Collier Area Transit Financial Management Project Number(s): 426772-1-94-01; -02.-03; and -04, Contract Number: AP 119 Federal Transit Administration (FTA.) Section 5311 ARR.A funds ELI -HRIT "A" (FTA Section 5311 UUtk) American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5) and Section 34 1.051(1)(x} Florida Statutes PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the Z� State of Florida, Department of Transportation arid the Collier County Board of C'ounm, Commissioners, 3301 East Tamiatni Trail. Naples. Florida 34112, dated 0(0—t(4-09 referenced by the above Financial Project Number(s). PROJECT LOCATION: Collier County, Florida PROJECT DESCRIPTION: The purpose of this Agreement is to provi& for the Department's participation, using pass-through funds from the Federal Transit Administration (F' Section 53 11 ARRA Procirarn, in the Ag Lk) t: gency-s non-vehicular capital expenses associated with the Agency's provision Of public transportation services in the non-urbanized areas of Collier County, as identified in the Agency's grant application on file with the Department and itemized by Financial Management Project Number in Exhibit B. Each of these aforementioned activities is funded herein with Fiscal Year 2009 Federal ARR.A funds according to the allocation of funds referenced in Exhibit B herein. Regarding Section 1.00, "Purpose ofAgreement" and Exhibit A. "Project Description and Responsibilities" in this Agreement: The Department recognizes and concurs with the Agency providing publie transportation service(s) be\ ond the Countv boundaries of the County in which. the Agency is located, asrnay be necessary for public, necessitv and convenience. and consistent With Ule coordinated public transportation provisions of Chapter 427, Florida Statutes. This Agreement supports the Agency's rural public transportation consistent a� a tent with the Federal Transit Administration Section 53) 11 11rogram. L, SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule, of project assisince that will reflect the Department's contract number, Financial Project Nttmber 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: See Exhibit C. Exhibit A, Pae I Packet Page -1454- I- 11W 1/24/2012 Item 16.A.10. Collier Count\,, Collier Area Transit Financial, Managetnent Project Nurnber(s): 4267272-1-94 -O 1; Z; -03; and -04, Contract Nurnben.kRzi-9 Federal Transit Administration (FTA) Section 53311 ARRA funds EMMBIT "B" PRO WCT BUDGET (FTA Section 5311 MZ'ItA) American RecoveD� and Reinvestment Act (ARRA) of 2009 (Public Law 111-5) and Section 341.051(1)(1) Florida Statutes This exhibit forms an integral part of that certain Joint Participation Agreement between the State (if Florida, Department of Transportation and the -Collier CQUntv,.Board of Count\, Commissioners, 3301 Fast Tamiami Trail. Naples. Florida 34112 dated, � t - U _�Cj_, referenced bN the above Financial Project Number(s). 1. PROJECT COST: $415,090,00 TOTAL PROJECT COST: H. PARTICIPATIO'N': $4151,090.00 FY 1009 -FTA 4111 1 A RR -A Fetiorn] (.rf4nt 7Jitrnkpr_ PT AR(-11f fin I PIZ nT It Financial Management Project Capital Expense Total-Cost Number(s) 100% 426771-1-94-01 Electronic fareboxes (includes IT package & Vault) 4 @$30,714,25 $122,857.00 426772-1-94-02 AVL 40, 516,000.00 $64.000.00 42677,2 -1 -94.03 # Bus Shelters (6) @ S21.372.33 each $128,233.00 426772-1-94-04 mobility management $100,000.00 S415,090.00 TOTAL PROJECT COST $415.090.00 Ill. INIULTI-YEAR OR PREQUALIFIE'D PROJECT FUNDING n/a Prcject years may be advanced or deferred subject to Legislative appropriation or availability of funds. Exhibit B, Page I Packet Page -1455- 1/24/2012 Item 16.A.10. Collier County, Collier area Trarsit Financial Management Project Numbeks): 426772- 1- 94 -01; -02; -03; and -04, Contract'Number: Apil 0, Federal Transit Administration (FTA) Section 5311 ARAA funds EXHIBIT "C" (FTA Section 5311. ARRA) American Recovery and Reinvestme'nt Act (ARRA) of 2009 (Public Law 111-5) and Section 341.051(1)(x) Florida Statutes PROJECT DESCRIPTION AND RI SPONSIBF1.ITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Board of County Commissioners, 3301 East Tamiarni Trail Naples Florida 34112. dated (t - 0 referenced by the above Financial Project Number(s). This Agreement is in conformance with the American Recovery and Reinvestment Act (ARR.-k) of cr 2009 (P.L. 111-5) and Section 341.051(1)(a) Florida Statutes. The Secdon 5311 ARRA subrecipient shall establish and implement atili-drug and alcohol misuse prevention prograins in accordance with the terms of 49. CFR part 655. The Section 5311 AP\R-A subrecipient shall ensure adherence Nvith all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 ARRA subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time to time during the term. of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5311 ARRA. subrecipient assures the project will be completed in. accordance Nvith all applicable requirements imposed by or issued pursuant to 49 U,&C. 5' )32, 42 U.S. C. 2000d. and 49 CFR part 21., and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. The Section 531 11 ARRA subrecipient agrees to comply with 49 U.S.C. 53 1 23(d) and 49 CFR Par-, 604, which provides that recipients and subrecipients of FTA assistance are Prohibited from providing charter service using federally funded equipment or facilities if there isat'least oneprivate z charter operator willing and able to provide the service, except Linder one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision. of mass transportation. Exhibit C, pagle I Packet Page -1456- Aft 1/24/2012 Item 16.A.10. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section 5311 ARRA subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. The Section 5311 ARRA subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. The Section 5311 ARRA subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 if the agreement exceeds $100,000. The Section 5311 ARRA subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. If this agreement is for a construction project over $100,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. The 5311 ARRA subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 if this agreement exceeds $100,000. The 5311 ARRA subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (49U.S.C. 6962), including but not Iimited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The 5311 ARRA subrecipient agrees to comply with the Davis -Bacon and Copeland Anti - kickback acts as codified at 40 U.S.C. 3141 and 18 U.S.C. 874 for any agreement exceeding $2,000. For any contract over $2,000 the 5311 ARRA subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act codified at 40 U.S.C. 3701. The 5311 ARRA subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U.S.C. 5311 and 29 CFR Part 215. The 5311 ARRA subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FDOT requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. Exhibit C, page 2 Packet Page -1457- 'AM 0% 1/24/2012 Item 16.A.10. In accordance with Florida Statute 341.061, and Rule 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 and Security Program Plan pursuant to Rule 14 -90 and has performed annual safety inspections of all buses operated. The 5311 ARRA subrecipient agrees to report to the Department the following information.on a monthly basis for the duration of the project: • Detailed project description and cost: • Detailed list of project activities completed to date and the costs associated with those activities; • Number, description and status of subcontracts associated with project, and • Number of direct, on- project jobs created or sustained, and to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries. n Exhibit C, page 3 n Packet Page -1458- n /". EXHIBIT D FTA 5311- ARRA 'k 1/24/2012 Item 16.A.10. 72543006 PUBLIC TRANSPORTATION 0406 Collier County, Collier Area Transit Financial Management Project Number(s): 426772- 1- 94 -01; -02; -03: and -04 Contract Number: A p T 1 9 Federal Transit Administration (FTA) Section 5311 ARR.A funds 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: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE:. Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) FTA 5311 -ARRA 20.509 Compliance Requirements 1. See Exhibit A 2. See Exhibit B 3. See Exhibit C Matching Resources for Federal Programs No Match required for ARRA Federal Agencv Catalog of Federal Domestic Assistance (Number & Titlel Amount $415,090.00 0 Amount '-'NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that .he information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Exhibit D. Page 1 Packet Page -1459- Ask Oft& 1/24/2012 Item 16.A.10. RESOLUTION 2009- 14 3 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE THE DEPARTMENT'S PARTICIPATION, USING PASS - THROUGH GRANT FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT'S FEDERAL TRANSIT ADMINISTRATION SECTION 5311 PROGRAM, IN THE COUNTY'S NON - VEHICULAR CAPITAL EXPENSES ASSOCIATED WITH THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN THE NON - URBANIZED AREAS OF THE COUNTY. WHEREAS, at the June 9, 2009, meeting of the Board of County Commissioners the Board approved the execution of a Joint Participation Agreement ( "JPA ") with the Florida Department of Transportation ( "FDOT") to provide FDOT's participation, using pass - through grant fiords from the American Recovery and Reinvestment Act Federal Transit Administration Section 5311 Program, in the County's non - vehicular capital expenses associated with the provision of public transportation services in the non - urbanized areas of the county, and authorized the Board of County Commissioners, through its Chairman, to enter into the JPA with the FDOT; and WHEREAS, the FDOT requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the agreement and authorization for the Chairman to execute the JPA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On June 9, 2009, the Board of County Commissioners approved by majority vote the JPA Agreement and authorized its chairman, Donna Fiala, to execute that agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 9`h day of June 2009. Packet Page -1460- ATTEST: DWIGHT E. BROCK, CLERK B At test [�i 'a t s i gr►atiw:e': Vie► � • Appr ved as to form 7 1 gal sufficienc .t a` Scott R Teach, Deputy County Attorney 1/24/2012 item 16.A.10. BOARD OF COUNTY COMMISSIONERS COLLIER LINTY, FLORIDA B �� C. Y DONNA FIALA, CHAIRMAN Packet Page -1461- Aft 1/24/2012 Item 16.A.10. Davis, Julia From: The job F1989DKR Sent: Tuesday, May 19, 2009 12:44 PM To. Davis, Julia Subject: FUNDS APPROVAUREVIEWED FOR CONTRACT AP119 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #API19 Contract Type: AH Method of Procurement: G Vendor Name: COLLIER COUNTY B Vendor ID: VF- 96000558004 Beginning date of this Agmt: e6/0!/09 Ending date of this Agmt: 12/31/12 Contract Total/Budgetary Ceiling: ct = $415,09e.00 Description: PTA 5311 American Recovery and Reinvestment Act ARRA capital. funds ORG-CODE wEO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID ISEQ. -USER ASSIGNED ID -ENC. LINE(6S)/STATUS "* * ** #It Action: ORIGINAL Funds have been: APPROVED 55 012020129 *PT *563022 122857.00 *42677219401 -680 -20.509 2009 *55100100 *088825/09 0001 lee "0001/04 ------------------------------------------------------------------------ Action: ORIGINAL Funds have been: APPROVED 55 012020129 *PT *563022 64000.00 442677219402 -680 -20.509 2009 *55100100 *088925/09 0001 *01 +0082/04 ------------------------------------------------------------------------ Action: ORIGINAL Funds have been: APPROVED 55 012e2ei29 -PT '563022 129233.00 *42677219403 *680 *20.5e9 2,309 15510e106 -088825/09 0001 ------------------------------------------------------------------------ *02 *0003/e4 Action: ORIGINAL Funds have been: APPROVED i6l 55 012e20129 *PT *563022 100000,00 *42677219404 *68e w2e.509 Ck �y 1 2609 *551aelee *088825/09 x( 0.301 ------------------------------------------------------------------------- *03 -6004/04 TOTAL A14OUNT: -S 415,090.00 Packet Page -1462- 1/24/2012 Item 16.A.10. --------------------------- \ ------------------------ --- -------------- ----- FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 05/19/20e9 2 Packet Page -1463-