Agenda 06/12/2012 Item #16A226/12/2012 Item 16.A.22.
EXECUTIVE SUMMARY
Recommendation to approve the Collier Metropolitan Planning Organization's (MPO) Operating
Budget for FY 2012/13, and budget amendments to recognize grant revenues in the amount of
$928,057.
OBJECTIVE: To obtain Board of County Commissioners' (Board) approval of the Collier
Metropolitan Planning Organization's (MPO) operating budget for FY 2012/13, which begins on
July 1, 2012, and the necessary budget amendments to recognize new revenues.
CONSIDERATIONS: In FY 2012/13, the Collier MPO will receive $533,515 in new Federal
and local funding to conduct transportation planning activities that must meet Federal /State
requirements for urbanized areas with more than 200,000 residents. The Collier MPO will also
receive $23,542 from the Florida Commission for the Transportation Disadvantaged (TD) for
planning activities in support of the State's TD program. The Collier MPO will also receive an
estimated $66,839 from the Federal Transit Administration Section 5303 for transit planning
activities. These planning activities and funding sources are included in the FY 2012/13 - 2013/14
Unified Planning Work Program (UPWP), which the MPO Board adopted on May 11, 2012.
The County budget must be amended to include these grant dollars since the MPO is
administratively housed within Collier County Government and the $5,000 in local funding that
it contributes to the MPO, as well as those that will be administered by the County on behalf of
the MPO's other member governments.
The following explains the primary source of Federal funding the Collier MPO receives and the
local matches provided to the grant:
Federal HiQhway Administration (FHWA) Section 112 `PL " Grant
The MPO will receive $533,515 from FHWA in FY 2012/13. A $371,000 de- obligation from
the carry -over of unused FY 2010/11 — 2011/12 is included in the budget.
This Federal funding will be complemented with $9,000 in local funding for lobbying activities
that cannot be funded with these Federal/State dollars. Due to a strict interpretation of what
constitutes "lobbying," each member agency of the MPO has been asked to contribute $1,000 per
voting member for such activities. The BCC is being asked to contribute $5,000, while the cities
of Naples, Marco Island and Everglades City are being asked to contribute $2,000, $1,000 and
$1,000, respectively, as approved by the MPO Board on May 11, 2012.
It is anticipated that the MPO will receive authorization from FDOT to spend its full current -year
and carryover allocation of PL funds, totaling $904,515 as shown in the FY 2012/13 UPWP.
Funding Tables..
The FY 2012/13 Section 5303 estimated allocation from FTA will be a minimum of $66,839,
with respective matches from FDOT ($8,355) and the MPO ($8,355). In addition, $315,948
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6/12/2012 Item 16.A.22.
carryover from previous fiscal years is estimated in the budget, which will bring the total FTA
Section 5303 allocation (new current year funds plus carryover) to $399,497. Once the MPO
receives the official award document, a separate action will be brought forward to the BCC for
recognition of funding.
The MPO annual budget of $1,536,049 consists of $928,057 in new funding for FY 2012/13 to
be recognized in this item. The following table illustrates the distribution of funding.
Source Funding Description Amount Proiect
PL
FHWA
Annual apportionment for FYI 2/13
$ 533,515
33221
PL
Reapportionment from prior award
FHWA
cycle ending June 30, 2012
$ 371,000
33221
TD
Annual apportionment for FYI 2/13
$ 23,542 1
33220
Sub total
$ 928,057
FISCAL IMPACT: Budget amendments are required to recognize new and reapportioned grant
revenues from the FHWA Planning Program to MPO Grant Fund (711), Project 33221 in the
amount of $904,515 and from the Florida TD for the Transportation Disadvantaged Planning
Program to MPO Grant Fund (711), Project 33220 in the amount of $23,542. Collier's local
funding contribution that supports local funded (non - grant) activities to MPO Operating Fund
(128), Project 31128 is supported by MSTD General Fund (111) revenue via a proposed transfer
in the Collier County FY13 adopted budget cycle. Funding begins July 1, 2012, and does not
coincide with the County's budget cycle. Budget amendments are required to recognize grant
revenue and establish the appropriate expense appropriation.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
does not present a legal issue and only requires a majority vote for Board approval —SRT.
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the MPO's FY
2012/2013 operating budget and all associated budget amendments to recognize grant revenue.
Prepared By: Lucilla Ayer, AICP, MPO Executive Director
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6/12/2012 Item 16.A.22.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22.
Item Summary: Recommendation to approve the Collier Metropolitan Planning
Organization's (MPO) Operating Budget for FY 2012/13, and budget amendments to recognize
grant revenues in the amount of $928,057 and $5,000 in local funding.
Meeting Date: 6/12/2012
Prepared By
Name: LantzLorraine
Title: Planner, Principal,MPO
5/29/2012 3:44:34 PM
Submitted by
Title: Executive Director, MPO
Name: AyerLucilla
5/29/2012 3:44:36 PM
Approved By
Name: AyerLucilla
Title: Executive Director, MPO
Date: 5/29/2012 4:52:52 PM
Name: SotoCaroline
Title: Management /Budget Analyst,Transportation Administr
Date: 5/30/2012 9:03:51 AM
Name: ShueGene
Date: 5/30/2012 1:13:57 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 5/30/2012 2:23:00 PM
Name: MarcellaJeanne
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Title: Executive Secretary,Transportation Planning
Date: 5/30/2012 2:47:39 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 5/31/2012 5:04:05 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 6/1/2012 1:39:06 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/1/2012 2:12:53 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 6/4/2012 10:56:19 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/4/201211:34:25 AM
Name: OchsLeo
Title: County Manager
Date: 6/5/2012 10:39:38 AM
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6/12/2012 Item 16.A.22.
6/12/2012 Item 16.A.22.
SAMAS Approp: 108846 Fund: TDTF FM /Job No(s) 19363011401
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 , 2012 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 East, Naples, FL 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 -2, Florida Administrative Code,
Commission policies, and the Program Manual for Transportation Disadvantaged Planning
Related Services as revised on April 27, 2012; 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 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 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
provide the necessary funds for the completion of the Project.
TD Planning Grant Agreement
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6/12/2012 Item 16.A.22.
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 April 27, 2012.
3.00 Total Project Cost: The total estimated cost of the Project is $3.542. 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 $ 23,542 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
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 (Exhibit`
appropriation authority becomes available; and
d) Submission of all certifications, invoices, detailed supporting
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:
accordance with the
A & B) at the time
documents or other
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
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6/12/2012 Item 16.A.22.
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
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
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6/12/2012 Item 16.A.22.
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:
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
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6/12/2012 Item 16.A.22.
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.
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6/12/2012 Item 16.A.22.
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 Bast 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:
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6/12/2012 Item 16.A.22.
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
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
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
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6/12/2012 Item 16.A.22.
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; ofth
To Planning Grant Agreement
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8.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohi$ited 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
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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
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6/12/2012 Item 16.A.22.
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,
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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
Agreement for the purpose of lobbying the Legislature,
No Grantee may employ any person or organization
Agreement for the purpose of lobbying the Legislature,
The "purpose of lobbying" includes, but is not limited
diem, the cost for publication and distribution of eac
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any funds received pursuant to this
the judicial branch, or a state agency.
with funds• received pursuant to this
the judicial branch, or a state agency.
to, salaries, travel expenses and per
i publication used in lobbying; other
Page 12 of 26
6/12/2012 Item 16.A.22.
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: In accordance with Gubernatorial Executive Order 11 -02, the
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 persons employed by the grantee
perform employment duties within Florida; and
2. all persons, including subcontractors,
pursuant to the contract with the Commission.
during the term of the grant agreement to
assigned by the grantee to perform work
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
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6/12/2012 Item 16.A.22.
for such breach or default.
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
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6/12/2012 Item 16.A.22.
Department of Transportation for administrative and fiscal accountability purposes; 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 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 term 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, 2013. 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, 2013.
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 counterpane, 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
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6/12/2012 Item 16.A.22.
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
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
TD Planning Grant Agreement
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6/12/2012 Item 16.A.22.
the aggrieved party or the Department of Legal Affairs when it provides legal
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.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by the Commission.
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6/12/2012 Item 16.A.22.
FM/JOB No(s). 19363011401
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
3301 Tamiami Trail East
Naples, FL 34112
t
__._.
401-1-ii MPO Chairman
AM gold a to fq=# atBc y
Deputy County Attorney
TD Planning Grant Agreement
Form Rev. 4/27/2012
BY:
TITLE: Executive Director (Commission Designee)
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Page 18 of 26
6/12/2012 Item 16.A.22.
FM /JOB No(s). 19363011401
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 East Naples FL 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 April 27, 2012. 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 April 27, 2012. 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= 170/o
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
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6/12/2012 Item 16.A.22.
10
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:
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.
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6/12/2012 Item 16.A.22.
TASK 4: Weighted value =4%
Provide at least one public hearing annually by each local coordinating board, and assist the
Commission, as requested, in co- sponsoring public hearings. This public hearing must be in
addition to the local coordinating board meetings. It may, however, be held in conjunction with the
scheduled local coordinating board meeting (immediately following or prior to the local coordinating
board meeting).
Deliverable: Public Hearing agenda and minute of related hearing.
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 =4%
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
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.
Deliverable: Complete Quarterly Progress Reports submitted with invoices.
TASK 10:
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Weighted value =4%
Page 21 of 26
6/12/2012 Item 16.A.22.
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. Suecial Considerations by Planning Agency
Not Applicable
IV. Special Considerations by Commission:
Not Applicable
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6/12/2012 Item 16.A.22.
FM /JOB No(s). 19363011401
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
East, Naples, FL 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 April 27, 2012. For the
required services, compensation shall be the total maximum limiting amount of $ 23,542 for related
planning services in Collier County(ies)
Task 1
17%
$4,002.14
Task 2
15%
$3,531.30
Task 3
40%
$9,416.80
Task 4
4%
$941.68
Task 5
4%
$941.68
Task 6
4%
$941.68
Task 7
4%
$941.68
Task 8
4%
$941.68
Task 9
4%
$941.68
Task 10
4%
$941.68
TOTAL:
100%
II. SOURCE OF FUNDS
Commission for the Transportation Disadvantaged
State Funds (100 %) $23.542
$23,542.00
Total Project Cost 23 542
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 12/13
C, TD Planning Grant Agreement
Form Rev. 4/27/2012
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Apr May June
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6/12/2012 Item 16.A.22.
FM /3013 No(s). 19363011401,4`
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 East Naples FL 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. 4/27/2012
Packet Page -1328-
Page 24 of 26
6/12/2012 Item 16.A.22.
FM /.JOB No(s), 19363011401
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: $23,542
COMPLIANCE REQUIREMENTS:
ALLOWED ACTIVITIES:
Grant funds allocated from the Transportation Disadvantaged Trust Fund are for the specific
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)
Submit copy of financial reporting packages of audits as required in Section 7.60 of this Agreement
and the Program Manual,.
M Planning Grant Agreement
Form Rev. 4/27/2012
Page 25 of 26
Packet Page -1329-
6/12/2012 Item 16.A.22.
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. 4/27/2012
Packet Page -1330-
Page 26 of 26
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Planning Grants
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