Backup Documents 06/26/2018 Item #16D16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 L D 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
2.
3. County Attorney Office County Attorney Office 5^ Q Waco t'
4. BCC Office Board of County Commissioners As y�0 1(
ss-
5. Minutes and Records Clerk of Court's Office (2 0/-I18
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one
of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Joshua Thomas/Tessie Sillery Phone Number 252-8989 or 252-5840
Contact/ Department PTNE Division(old ATM De t)
Agenda Date Item was 06-26-2018 Agenda Item Number 16 D(16)
Approved by the BCC Item# 5818
Type of Document I Trip&Equipment Grant Agreement, I Number of Original I Trip&Equipment Grant
Attached Resolution, I application
', 02v 6}/W Documents Attached Agreement, I Resoluti
I application J'
PO number or account
number if document is to SEE ATTACHED MEMO
be recorded
Special instructions: email a copy to ; ioshuathomas@colliergov.net &tessiesillerv(cicolliergov.net
See Attached Memo
INSTRUCTIONS&CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is appropriate. Yes N/A(Not
(Initial) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,provide JT
the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by JT
the Chairman,with the exception of most letters,must be reviewed and signed by the Office of
the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office JT
and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the document JT
or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature JT
and initials are required.
7, In most cases(some contracts are an exception),the original document and this routing slip JT
should be provided to the County Attorney Office at the time the item is input into SIRE. Some
documents are time sensitive and require forwarding to Tallahassee within a certain time frame or
the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 06-26-2018 and all changes made during the t N/A is not an
meeting have been incorporated in the attached document. The County Attorney's Office ` - option for
has reviewed the changes,if applicable. , 1 this line.
9. Initials of attorney verifying that the attached document is the version approved by the BCC,all 0 N/A is not an
changes directed by the BCC have been made,and the document is ready for the Chairman's • option for
signature. this line.
I:Forms/County Form BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Coiwr of Collier
CLERK OF THE CJRC IT COURT
OUNTY I YHOUSE
COLLIER C OUR
!�;
3315 TAMIAMI TRL E STE 102 { i P.O.BOX 413044
NAPLES,FL 34112-5324 ,) NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor .!,C�stodian of County Funds
June 28, 2018
Mr. Daniel Zeruto, Area 3 Project Manager
Florida Commission for the Transportation Disadvantaged
605 Suwannee Street
Mail Station 49
Tallahassee, FL 32399-0450
Mr. Zeruto,
Enclosed please find one (1) original and two (2) certified copies of the Trip &
Equipment Grant Agreement, Application and Resolution 2018-108 adopted by the
Board on Tuesday, June 26, 2018.
Please obtain the additional signatures needed and return one set back to my office.
I have enclosed a return fed ex slip.
Any questions, please contact me at 239-252-8411.
Thank you,
Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
3299 Tamiami Trail East, Suite #401
Naples, FL 34112
Phone- (239) 252-2646 Fax- (239) 252-2755
Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com
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16016
RESOLUTION 2018-108
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S
APPROVAL OF ENTERING A TRANSPORTATION DISADVANTAGED
TRUST FUND TRIP/EQUIPMENT GRANT AGREEMENT WITH THE
FLORIDA COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED FOR STATE FUNDING IN THE AMOUNT OF
$764,438, AND AUTHORIZING ITS CHAIRMAN TO SIGN THE GRANT
AGREEMENT.
WHEREAS, the Board is eligible to receive a Transportation Disadvantaged Trust Fund
Grant and to undertake a transportation disadvantaged service project as authorized by Section
427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code; and
WHEREAS, at the June 26, 2018 meeting of the Board of County Commissioners the
Board by majority vote approved a Transportation Disadvantaged Trust Fund Trip/Equipment
Grant Agreement (the "Agreement") with the Florida Commission for the Transportation
Disadvantaged("FCTD") for State FCTD funding in the amount of$764,438 (with a total project
cost of$849,376) and authorized the Board of County Commissioners, through its Chairman, to
enter the Agreement with the FCTD; and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote acknowledging its authorization of the
Chairman to execute the Agreement for funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
1. The Board has the authority to enter into this grant agreement.
2. On June 26, 2018 the Board of County Commissioners authorized its Chairman, by
majority vote,to enter into the above-referenced Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Agreement with the Florida Commission for the Transportation
Disadvantaged.
This Resolution adopted this 26th day of June 2018 after motion, second and majority vote in
favor of passage.
0
1 6 1 6
ATTEST BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,
v
^ INTERIM CLERK COLLIER CO d TY, ' DA
CLK/ICA de By:
Attest as to ChOligAty- Clerk
Andy So , Chairman
signature only.
Approved as to form and legality:
By: ‘, Ib'
1/4
Jennifer A. Belpes • 4:; *
Assistant County Attorney
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(0_24212)
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7 7:c0.:'d
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16D16
SAMAS Approp 108846 Fund TDTF FM/Job No(s) 43202911401
SAMAS Obj 7750075 Function 035 CSFA No. 55.001
Org. Code 55120000952 Contract No GOX1 8 Vendor No. 59-6000558
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July , 2018 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 County Board of County
Commissioners, 3299 Tamiami Trail, Suite #700, Naples, Florida, 34112, hereinafter called the Grantee.
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 use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non-sponsored transportation services 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 non-sponsored
transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in
accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission
policies, the Fiscal Year 2018-19 Program Manual and Application for the Trip & Equipment Grant as
further described in this Agreement and in Exhibit(s)A, B, and C, attached hereto and by this reference
made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored
financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored
financial assistance will be provided and the understandings as to the manner in which the Project will
be undertaken and completed. Funds available through this agreement may be used only for non-
sponsored transportation services and shall be applied only after all other potential funding sources
have been used and eliminated. Grant funds shall not be used to supplant or replace funding of
transportation disadvantaged services which are currently funded to a recipient by any federal, state,
or local governmental agency.
2.00 Accomplishment of the Project: 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 federal, state and local applicable laws.
2.10 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
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consummate, as provided by law, all actions necessary with respect to any such matters so
requisite.
2.20 Funds of the Grantee: The Grantee will provide the necessary funds or in-kind
contributions necessary for the completion of the Project.
2.30 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 or operational documents or products relating to the Project as the Commission
may require as provided by law, rule or under this agreement. Failure by the Grantee to provide
such documents, or provide other 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.
2.40 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 Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, and the Fiscal Year 2018-19 Program Manual and Application for the Trip &
Equipment Grant.
3.00 Total Project Cost: The total estimated cost of the Project is $849,376.00. This amount is
based upon the amounts 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 Section 6.00 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 $764,438.00 as detailed in Exhibit "B," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the
Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee
to subsidize a portion of a transportation disadvantaged person's transportation costs which is not
sponsored by any other agency, and then only if a match, as specified in the Fiscal Year 2018-19
Program Manual for the Trip and Equipment Grant, is provided by the Grantee. Trips shall be
purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this
agreement. There shall be an approved eligibility application for each rider who receives a non-
sponsored service (trip or bus pass). In addition, documentation which supports the eligibility
determination shall be maintained by the recipient as part of the rider's eligibility file. Trip and
Equipment Grant Funds may also be used to purchase capital equipment used for the provision
of non-sponsored transportation services.
4.20 Eligible Project Expenditures: Project costs 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:
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a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Section 13.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged
Trust Funds after the date this Agreement becomes effective, the Grantee must have from the
Commission an executed grant amendment prior to the purchase.
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of Transportation
Disadvantaged Trust Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding and Retainage: Front end funding and retainage are not applicable.
5.00 Project Budget and Disbursement Schedule:
5.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless
it complies with fund participation requirements established in Section 4.00 of this Agreement and
is approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Section 4.00 of this agreement shall not be effective unless approved
in writing by the Commission and the Florida Department of Transportation Comptroller.
5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month 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,
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as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly
basis actual costs that may be above or below (+/-) the amount of the monthly allocation
disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling" or
"overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does
not exceed the cumulative total of funds disbursed to date with supporting documentation. No
excess funds remaining on the grant at the end of the grant period will be reimbursed to the
Grantee. Any overpayment of TD funds must be repaid to the Commission upon project
completion. Grantee will make every effort to submit invoices within thirty (30) days after the
month of service provision.
6.00 Accounting Records, Audits and Insurance:
6.10 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 non-sponsored financing program, either
separate accounts to be maintained within its existing accounting system, or establish
independent accounts. Such non-sponsored 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.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
must make this documentation 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.
6.20 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 non-sponsored transportation 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.
6.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
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eligible costs.
6.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing in
proper detail of the charges. The Grantee shall provide upon request, sufficient detailed
documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the
services rendered or costs incurred were those which were promised. The documentation must
be sufficiently detailed to comply with the laws and policies of the Department of Financial
Services.
6.50 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 Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
6.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the Department
of Transportation (Department). The following requirements do not limit the authority of the
Commission or 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 Grantee shall comply with all audit
and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on-site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Commission by this Agreement. By entering into this Agreement, the
Grantee agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Commission and/or the Department. The Grantee further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Commission, the Department, the Department of Financial Services (DFS),
the Auditor General and, the State Inspector General.
b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a
recipient of state financial assistance awarded by the Commission through this Agreement
is subject to the following requirements:
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i. In the event the Grantee meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Grantee must have a State single or project-
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit C to this Agreement
indicates state financial assistance awarded through the Commission by this
Agreement needed by the Grantee to further comply with the requirements of
Section 215.97, Florida Statutes. In determining the state financial assistance
expended in a fiscal year, the Grantee shall consider all sources of state financial
assistance, including state financial assistance received from the Commission by
this Agreement, 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.
ii. In connection with the audit requirements, the Grantee shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Grantee does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, the Grantee is exempt for such
fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Grantee must provide a single audit exemption statement
to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months
after the end of the Grantee's audit period for each applicable audit year. In the
event the Grantee does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, in a fiscal year and 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 Grantee's resources (i.e., the cost of
such an audit must be paid from the Grantee's resources obtained from other
than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to
both:
Florida Department of Transportation State of Florida Auditor General
Office of Comptroller, MS 24 Local Government Audits/342
605 Suwannee Street 111 West Madison Street, Room 401
Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450
Email: FDOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@aud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required
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16016
to be submitted to the Department shall be submitted timely in accordance with
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
vi. The Grantee, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date the reporting package was delivered to the Grantee in
correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Grantee's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state
financial assistance provided through the Commission by this Agreement. If the
Grantee fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Commission and/or the Department may take appropriate
corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit
the Commission, the Department, or its designee, DFS or the Auditor General
access to the Grantee's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, DFS or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, DFS or the Auditor
General upon request for a period of five years from the date the audit report is issued unless
extended in writing by the Commission and/or the Department.
6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the
Commission's authorized representatives to inspect all work, materials, payrolls, records; and to
audit the books, records and accounts pertaining to the financing and development of the Project
at all reasonable times including upon completion of the Project, and without notice.
6.80 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
6.81 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
$300,000 per occurrence at all times in which Project vehicles or equipment are engaged.
The Grantee shall insure that contracting Transportation Operators also maintain the same
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16016
minimum liability insurance, or an equal governmental insurance program.
6.82 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
6.83 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
6.84 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust
Funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged,
FLCTDInvoice(adot.state.fl.us, its invoice on a form or forms prescribed by the Commission, and
such other detailed supporting documentation pertaining to the Project Account and the Project
(as listed in Exhibit "B" hereof) as the Commission may require, to justify and support the
payment as specified in the Commission's Grant Agreement and Invoicing Procedures.
7.11 Grantee certifies, under penalty of perjury, that the Grantee will comply with the
provisions of the Agreement and that all invoices and support documentation will be true
and correct.
7.12 Financial Consequence: Reimbursement payment for transportation services shall not
be provided to the Grantee until documentation supporting such services has been approved.
In addition, payment shall not be provided to the Grantee for capital until the capital has
been received and proof of payment and other back up documentation as requested is
provided to the Commission. The project must be completed (capital received and approved
by the Grantee) no later than June 30, 2019.
7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such invoices 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:
7.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
7.22 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
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Agreement, or payments to the Project;
7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
7.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
7.25 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
7.26 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.
7.30 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, vehicles 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 "B."
7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in accordance with the Commission's
invoice procedures 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 41-2 and 69, Florida Administrative Code, and the Fiscal Year 2018-19 Program Manual and
Application for the Trip and Equipment Grant is met.
7.50 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 (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
8.00 Termination or Suspension of Project:
8.10 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, 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
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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 obligations under this
Agreement.
8.20 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.
8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(850) 410-5700
CTDObudsman@ dot.state.fl.us
605 Suwannee Street, MS 49
Tallahassee, Florida 32399
The Grantee shall keep and maintain public records required by the Commission to perform the
service of this agreement.
Upon request from the Commission's custodian of public records, provide the Commission with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
agreement term and following completion of the agreement if the Grantee does not transfer the
records to the Commission.
Upon completion of the agreement, transfer, at no cost, to the Commission all public records in
possession of the Grantee or keep and maintain public records required by the Commission to
perform the service. If the Grantee transfers all public records to the Commission upon completion
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of the contract, the Grantee shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Grantee keeps and
maintains public records upon completion of the contract, the Grantee shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a format that is
compatible with the information technology systems of the Commission.
Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for
immediate unilateral cancellation of this Agreement by the Commission.
9.00 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.
10.00 Contracts of the Grantee:
10.10 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 transportation operator and consultant contracts or amendments thereto, with any third
party with respect to the Project without being able to provide, upon request, 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 Section 8.20. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contracts will be executed in compliance
with this section.
10.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this
law to the Commission for each consultant contract it enters.
10.30 Competitive Procurement: Procurement of all services, vehicles, equipment 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.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, 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
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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.
11.20 Title VI - Civil Rights Act of 1964: The Grantee must 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 Grantee pursuant thereto.
11.30 Prohibited Interests:
11.31 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.
11.32 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, 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.
11.33 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.
11.34 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.
11.35 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,
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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.
11.40 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 amended, as it may be amended from time to time.
11.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose
of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for
publication and distribution of each publication used in lobbying; other printing; media;
advertising, including production costs; postage; entertainment; telephone; and association dues.
The provisions of this section supplement the provisions of Section 11.062, Florida Statutes, which
is incorporated by reference into this Agreement.
11.60 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.
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11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
1. all new persons employed by the grantee during the term of the grant agreement to perform
employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant
to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more about
E-Verify.
12.00 Miscellaneous Provisions:
12.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
12.40 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.
12.50 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.
12.60 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 or Federal law. Provided, that if any of the provisions of the
Agreement violate any applicable State or Federal 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 Grantee to the end that the Grantee may proceed as soon as possible with
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the Project.
12.70 Venue: This agreement shall be governed by and construed in accordance with the law
of the State of Florida. In the event of a conflict between any portion of the contract and the
Florida law, the laws of Florida shall prevail. The Grantee agrees to waive forum and venue and
that the Commission shall determine the forum and venue in which any dispute under this
Agreement is decided.
12.80 Purchased Vehicles or Equipment:
12.81 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order
for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations
or modifications to the equipment or vehicles without the consent of the Commission. The
Grantee shall notify the Commission in writing of any lease or assignment of operational
responsibility of project vehicles and equipment to third-persons.
12.82 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most current
Commission policies. The Commission may, after consultation with the Grantee, transfer
purchased equipment and vehicles that it deems to be underutilized or that is not being
operated for its intended purpose. This underutilized equipment and vehicles will be returned
to the Commission at a specified location at a mutually agreeable time. Reimbursement of
any equity or interest of the Grantee will be made after another party has assumed the
obligations under the terms and conditions of this Agreement or disposal of said items by sale
has occurred. The Commission shall make the sole determination of the Grantee's interest
and reimbursement. As determined by the Commission,failure to satisfactorily utilize vehicles
and equipment that are purchased with Project funds shall be sufficient cause for non-
payment by the Commission as provided in Section 8.20.
12.83 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the Grantee is still under contract with the Commission and the capital equipment
still has useful life, the Grantee must request written approval from the Commission
prior to disposing of any equipment purchased or financed in whole or in part pursuant
to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds
from the sale of purchased project equipment and vehicles shall be documented in the
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project file(s) by the Grantee. With the approval of the Commission, these proceeds
may be re-invested for any purpose which expands transportation disadvantaged
services for the non-sponsored. If the Grantee does not elect to re-invest for purposes
which expand transportation disadvantaged services, the gross proceeds from sale shall
be refunded to the Commission in the same participation percentage ratios as were
used to fund the original purchase.
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this
Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for
the Transportation Disadvantaged in accordance with State regulations and statutes.
Title to any vehicle purchased with Project funds shall be in the name of the Grantee,
subject to lien in favor of the Commission. The Commission will relinquish all interest
in the vehicles and equipment when it has reached the end of its useful life and at this
time the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and
no longer a Commission approved Community Transportation Coordinator, the capital
equipment with useful life purchased with these grant funds must be transferred to an
eligible recipient in accordance with the Commission's Capital Equipment Procedure.
12.84 Equivalency of Service: In the event that this agreement involves the purchasing
of vehicles, upon the Commission's request, the Grantee shall submit to the Commission,
certification that such equipment meets or exceeds equivalency of service requirements in
accordance with the Commission's Capital Equipment Procedures. Failure to abide by this
requirement shall be sufficient cause for nonpayment by the Commission as provided in
Section 8.20.
13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create
in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. The Grantee guaranties the payment of all just
claims for materials, supplies, tools, or labor and other just claims against the Grantee or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as
limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Grantee agreements
to indemnify, and hold harmless the Commission, including the Commission's officers and employees,
from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to
the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and
persons employed or utilized by the Grantee in the performance of this Agreement. This
indemnification shall survive the termination of this agreement. Nothing contained in this paragraph
is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign
immunity. Additionally, the Grantee agrees to include the following indemnification in all contracts with
contractors/subcontractors and consultants/subconsultants who perform work in connection with this
agreement.
"To the fullest extent permitted by law, the Grantee's contractor/consultant shall indemnify, and hold
harmless the Commission for the Transportation Disadvantaged, including the Commission's officers
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and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable
attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct
of the Contractor/consultant and persons employed or utilized by the contractor/consultant in the
performance of this Agreement.
This indemnification shall survive the termination of this agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's
sovereign immunity."
14.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Legislature. If applicable, the 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.
15.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30,
2019. If the Grantee does not complete the Project within this time period, this agreement will expire.
Expiration of this agreement will be considered termination of the Project and the procedure established
in Section 8.00 of this agreement shall be initiated. For the purpose of this secion, completion of
project is defined as the latest date by which services may have been provided or equipment funds
may have been received 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, 2019.
16.00 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.
17.00 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.
18.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the Grantee)
providing goods and services to the Commission will receive payments in accordance with Section
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
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 twenty (20) days to deliver a request for payment
(voucher) to the Department of Financial Services after receiving an approved invoice from the
Commission. 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
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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 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 Management 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. Vendors may also contact the Department of Financial Services Consumer Hotline at
1-800-342-2762.
19.00 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 seven (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 one 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 section may be ordered
by the court to make restitution for attorney's fees and all related costs to the aggrieved party
or the Department of Legal Affairs when it provides legal 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.
20.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by both parties.
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. G 0 X 18
AGREEMENT DATE:
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
GRANTEE: COLLIER COUNTY BOARD OF COMMISSION FOR THE TRANSPORTATION
COUNTY COMMISSIONERS DISADVANTAGED
BY: / d BY:
TITLE: CV-NA.% r a, TITLE: Executive Director(Commission Designee)
K.K1NZEL, g, y
CRYSTALK
CLERK „, approved as to form and Ir ►lit
,.._____ — fia vt-
INTERIM
�` L
Attest as to Chairman's s Ca
signature on;v.
Trip&Equipment Grant Agreement 2018/2019 Page 19 of 23
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. G 0 X 18
AGREEMENT DATE:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299
Tamiami Trail, Suite #700, Naples, Florida, 34112.
PROJECT LOCATION: Collier County(ies)
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation
can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427,
Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the
Fiscal Year 2018-19 Program Manual and Application for the Trip & Equipment. Services shall be
provided and equipment, including vehicles, will be utilized through a coordinated transportation
system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes
and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit
B, Page 2 of 2 attached to and made a part of this agreement. There shall be an approved eligibility
application for each rider who receives a non-sponsored service (trip or bus pass). In addition,
documentation which supports the eligibility determination shall be maintained by the recipient as part
of the rider's eligibility file. Capital equipment will consist of:
None.
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest
Florida Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any
other federal, state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Not applicable.
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. G 0 X 18
AGREEMENT DATE:
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299
Tamiami Trail, Suite #700, Naples, Florida, 34112.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible costs as indicated by Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2018-19
Program Manual and Application for the Trip & Equipment Grant. Trips shall be purchased at the fares
indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement.
Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the
monthly allocation disbursement schedule reflected on Exhibit"B". At times, this may result in"underbilling"
or"overbilling". Any excess(underbilled)funds may be recaptured on a monthly invoice that does not exceed
the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining
on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds
must be repaid to the Commission upon project completion. Reimbursement payment for transportation
services shall not be provided to the Grantee until documentation supporting such services has been
approved. In addition, payment shall not be provided to the Grantee for capital until the capital has been
received and proof of payment and other back up documentation, as requested, is provided to the
Commission. The project must be completed (capital received and approved by the Grantee) no later than
June 30, 2019. Grantee will make every effort to submit invoices within thirty (30) days after the month of
service provision.
Non-sponsored Trips $ 849,376.00 43202718401
TOTAL $ 849,376.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $764,438.00
Local Cash Funds $84,938.00
2018-19 Legislative Proviso Funds $ .00
Local Cash Funds for 2018-19 Legislative Proviso Funds $ .00
Total Project Cost $849,376.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
FY 18/19 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Trips 63705 63703 63703 63703 63703 63703 63703 63703 63703 63703 63703 63703
Capital
Trip&Equipment Grant Agreement 2018/2019 Page 21 of 23
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TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE:
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile,Trip,or Pass) $
Ambulatory Trip 34.02
Wheelchair Trip 58.32
Group Trip - Per Passenger Trip 18.1
Group Trip - Per Group Trip 51.77
Daily Bus Pass Pass 4.00
Daily Bus Pass - Reduced Pass 2.00
Weekly Bus Pass Pass 15.00
Weekly Bus Pass - Reduced Pass 7.50
Monthly Bus Pass Pass 35.00
Monthly Bus Pass - Reduced Pass 17.50
Marco Express Bus Pass Pass 70.00
Marco Express Bus Pass - Reduced Pass 35.00
Trip&Equipment Grant Agreement 2018/2019 Page 22 of 23
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. G 0 X 18
AGREEMENT DATE:
EXHIBIT"C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUB3ECT TO SECTION 215.97, FLORIDA STATUTES:
Awardin A en Commission for the Transportation Disadvantaged/Florida Department
9 9 �' of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $764,438.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at:
https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
https://apps.fldfs.com/fsaa/searchComoliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
Trip&Equipment Grant Agreement 2018/2019 Page 23 of 23
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Transportation Disadvantaged
Trarsportotion Trip & Equipment Grant Application Form
bicadvantoged
Legal Name Collier County Board of County Commissioners
Federal Employer Identification 59-6000558
Number
Registered Address 3299 Tamiami Trail East Suite 103
City and State Naples FL Zip Code 34112
Contact Person for this Grant Michelle Arnold Phone Number 239-252-5841
Format 111-111-1111
E-Mail Address(Required] Michelle.Arnold@colliercountyfl.gov
Project Location(County(ies)J Collier County Proposed Project 07/01/18
Start Date
Grant Amount-State Allocation[90%] $764,438.00
Grant Amount-Local Match[10%] $84,938.00
Grant Amount-Proviso[90%] $0.00
Grant Amount-Proviso Match[10%1 $0.00
Voluntary Dollar Amount $0.00
Local Match for Voluntary Dollars[In Kind] $0.00
Description of Capital Equipment $Amount
$0.00
$0.00
$0.00
Local Coordinating Board Review iS Required if Requesting Capital Equiptnent
if the purchase of capital equipment is included in this Application Form, the application has been reviewed by
the Local Coordinating Board.
Signature of Local Coordinating Board Chairperson Date
I, the authorized 9261—Recipient Reprksentative, hereby certify that the information contained in this form is
true and accurcYe and is submitted in accpfdance with the 2017-18 Program Manual and Application for the
Trip & Equipment Grant.
/ ac
Signature ant Re rpieht Representative Date
CRYSTAL K.KINZEL, Approved as to form and legality
INTERIM CLERK
TripandEquipmentGrantApplicationForm20180420 ' '76
Form Revised 4/20/18 • L t I1 _ Assts ant County '`Rtir t
Attest as to Chairman's
sianatfll'P,r♦n4y (Q d�
1 6 D 1 6
Transportation Disadvantaged
Disadv
Transportation
1)isgdvcrntagc:d Trip & Equipment Grant Service Rates Form
Applicant Collier County Board of County Commissioners
Project Location [County(ies)] Collier County
Service Rate Effective Date 7/01/18
Type of Service Unit of Measure Cost
Transportation Mode (Trip or Passenger Mile) Per Unit
*Ambulatory Trip 34.02
* Wheel Chair Trip 58.32
* Stretcher Trip 0.00
Bus Pass—Daily Pass 3.00
Bus Pass—Weekly Pass NA
Bus Pass—Monthly Pass 40.00
Bus Pass-Daily Reduced Pass 1.50
Bus Pass- 15-Day Pass 20.00
Buss Pass- 15-Day Reduced Pass 10.00
Bus Pass-Monthly(30-Day) Reduced Pass 20.00
Bus Pass-Marco Island Express Pass 70.00
Bus Pass-Marco Island Express Reduced Pass 35.00
Group Trip- Per Passenger Trip 18.10
Group Trip- Per Group Trip 51.77
*Ambulatory, Wheel Chair and Stretcher must all use the same Unit of Measure either Trip or Passenger Mile;
Cannot mix, all must be the same regardless of Transportation Mode.
ServiceRatesForm20180420
Form Revised 4/20/2018
16016
TRANSPORTATION DISADVANTAGED
Tronsportntian TRIP & EQUIPMENT GRANT
Disadvantaged
STANDARD ASSURANCES
The Grantee hereby assures and certifies that:
1. The Grantee has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
2. The Grantee is aware that the Trip & Equipment Grant is a reimbursement grant.
Reimbursement of funds will be approved for payment upon receipt of a properly
completed invoice with supporting documentation.
3. Trip & Equipment Grant funds will not be used to supplant or replace existing federal,
state, or local government funds.
4. The Grantee understands that an approved written eligibility application and eligibility
support documentation is required and is to be maintained for each rider who receives
a non-sponsored trip or bus pass and such documentation shall be made available
upon request by CTD staff or its designee.
5. The Grantee is aware that if capital equipment is purchased with these grant funds,
equipment must be received by the recipient no later than June 30, 2019.
6. The Grantee recipient is aware that the approved project must be complete by June
30, 2019, which means services must be provided by that date or reimbursement will
not be approved.
7. Capital equipment purchased through this grant shall comply with the recipient's
competitive procurement requirements or Chapter 287 or Chapter 427, Florida
Statutes.
This certification is valid for the)reement period for which the grant application is filed.
Signature: Date: 6/26/18
Name: Andy Solis
Title: Chairman
Agency: Board of County Commissioners
Service Area: Collier County CRYSTAL K.KINZEL,
INTERIM CLERK
I
StandardAssuranceForm20180420 y
Form Revised 4/20/2018 I 3
a
ttest 25 to Chairman's Approved as to form and leg`alit
y
signature only. •
Assistant County Attu%. Vt
16016
SAMAS Approp 108846 Fund TDTF FM/Job No(s) 43202911401
SAMAS Obj 770075 Function 035 CSFA No. 55.001
Qrg,-.Code U 53 20000952 Contract No GOX18 Vendor No. 59-6000558
rFLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July , 2018 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 County Board of County
Commissioners, 3299 Tamiami Trail, Suite #700, Naples, Florida, 34112, hereinafter called the Grantee.
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 use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non-sponsored transportation services 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 non-sponsored
transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in
accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission
policies, the Fiscal Year 2018-19 Program Manual and Application for the Trip & Equipment Grant as
further described in this Agreement and in Exhibit(s)A, B, and C, attached hereto and by this reference
made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored
financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored
financial assistance will be provided and the understandings as to the manner in which the Project will
be undertaken and completed. Funds available through this agreement may be used only for non-
sponsored transportation services and shall be applied only after all other potential funding sources
have been used and eliminated. Grant funds shall not be used to supplant or replace funding of
transportation disadvantaged services which are currently funded to a recipient by any federal, state,
or local governmental agency.
2.00 Accomplishment of the Project: 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 federal, state and local applicable laws.
2.10 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
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consummate, as provided by law, all actions necessary with respect to any such matters so
requisite.
2.20 Funds of the Grantee: The Grantee will provide the necessary funds or in-kind
contributions necessary for the completion of the Project.
2.30 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 or operational documents or products relating to the Project as the Commission
may require as provided by law, rule or under this agreement. Failure by the Grantee to provide
such documents, or provide other 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.
2.40 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 Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, and the Fiscal Year 2018-19 Program Manual and Application for the Trip &
Equipment Grant.
3.00 Total Project Cost: The total estimated cost of the Project is $849,376.00. This amount is
based upon the amounts 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 Section 6.00 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 $764,438.00 as detailed in Exhibit "B," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the
Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee
to subsidize a portion of a transportation disadvantaged person's transportation costs which is not
sponsored by any other agency, and then only if a match, as specified in the Fiscal Year 2018-19
Program Manual for the Trip and Equipment Grant, is provided by the Grantee. Trips shall be
purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this
agreement. There shall be an approved eligibility application for each rider who receives a non-
sponsored service (trip or bus pass). In addition, documentation which supports the eligibility
determination shall be maintained by the recipient as part of the rider's eligibility file. Trip and
Equipment Grant Funds may also be used to purchase capital equipment used for the provision
of non-sponsored transportation services.
4.20 Eligible Project Expenditures: Project costs 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:
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a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Section 13.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged
Trust Funds after the date this Agreement becomes effective, the Grantee must have from the
Commission an executed grant amendment prior to the purchase.
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of Transportation
Disadvantaged Trust Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding and Retainage: Front end funding and retainage are not applicable.
5.00 Project Budget and Disbursement Schedule:
5.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Project. The budget may be revised periodically, but no budget revision shall be effective unless
it complies with fund participation requirements established in Section 4.00 of this Agreement and
is approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Section 4.00 of this agreement shall not be effective unless approved
in writing by the Commission and the Florida Department of Transportation Comptroller.
5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B." This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month 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,
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as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly
basis actual costs that may be above or below (+/-) the amount of the monthly allocation
disbursement schedule reflected on Exhibit "B". At times, this may result in "underbilling" or
"overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice that does
not exceed the cumulative total of funds disbursed to date with supporting documentation. No
excess funds remaining on the grant at the end of the grant period will be reimbursed to the
Grantee. Any overpayment of TD funds must be repaid to the Commission upon project
completion. Grantee will make every effort to submit invoices within thirty (30) days after the
month of service provision.
6.00 Accounting Records, Audits and Insurance:
6.10 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 non-sponsored financing program, either
separate accounts to be maintained within its existing accounting system, or establish
independent accounts. Such non-sponsored 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.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
must make this documentation 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.
6.20 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 non-sponsored transportation 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.
6.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
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6.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing in
proper detail of the charges. The Grantee shall provide upon request, sufficient detailed
documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the
services rendered or costs incurred were those which were promised. The documentation must
be sufficiently detailed to comply with the laws and policies of the Department of Financial
Services.
6.50 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 Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
6.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the Department
of Transportation (Department). The following requirements do not limit the authority of the
Commission or 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 Grantee shall comply with all audit
and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on-site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Commission by this Agreement. By entering into this Agreement, the
Grantee agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Commission and/or the Department. The Grantee further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Commission, the Department, the Department of Financial Services (DFS),
the Auditor General and, the State Inspector General.
b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a
recipient of state financial assistance awarded by the Commission through this Agreement
is subject to the following requirements:
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i. In the event the Grantee meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Grantee must have a State single or project-
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit C to this Agreement
indicates state financial assistance awarded through the Commission by this
Agreement needed by the Grantee to further comply with the requirements of
Section 215.97, Florida Statutes. In determining the state financial assistance
expended in a fiscal year, the Grantee shall consider all sources of state financial
assistance, including state financial assistance received from the Commission by
this Agreement, 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.
ii. In connection with the audit requirements, the Grantee shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section
215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Grantee does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, the Grantee is exempt for such
fiscal year from the state single audit requirements of Section 215.97, Florida
Statutes. However, the Grantee must provide a single audit exemption statement
to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months
after the end of the Grantee's audit period for each applicable audit year. In the
event the Grantee does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, in a fiscal year and 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 Grantee's resources (i.e., the cost of
such an audit must be paid from the Grantee's resources obtained from other
than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to
both:
Florida Department of Transportation State of Florida Auditor General
Office of Comptroller, MS 24 Local Government Audits/342
605 Suwannee Street 111 West Madison Street, Room 401
Tallahassee, FL 32399-0405 Tallahassee, FL 32399-1450
Email: FDOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@aud.state.fl.us
v. Any copies of financial reporting packages, reports or other information required
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to be submitted to the Department shall be submitted timely in accordance with
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
vi. The Grantee, when submitting financial reporting packages to the Department
for audits done in accordance with Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date the reporting package was delivered to the Grantee in
correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Grantee's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state
financial assistance provided through the Commission by this Agreement. If the
Grantee fails to have an audit conducted consistent with Section 215.97, Florida
Statutes, the Commission and/or the Department may take appropriate
corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit
the Commission, the Department, or its designee, DFS or the Auditor General
access to the Grantee's records including financial statements, the independent
auditor's working papers and project records as necessary. Records related to
unresolved audit findings, appeals or litigation shall be retained until the action
is complete or the dispute is resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, DFS or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, DFS or the Auditor
General upon request for a period of five years from the date the audit report is issued unless
extended in writing by the Commission and/or the Department.
6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the
Commission's authorized representatives to inspect all work, materials, payrolls, records; and to
audit the books, records and accounts pertaining to the financing and development of the Project
at all reasonable times including upon completion of the Project, and without notice.
6.80 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
6.81 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
$300,000 per occurrence at all times in which Project vehicles or equipment are engaged.
The Grantee shall insure that contracting Transportation Operators also maintain the same
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minimum liability insurance, or an equal governmental insurance program.
6.82 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
6.83 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
6.84 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust
Funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged,
FLCTDInvoice@dot.state.fl.us, its invoice on a form or forms prescribed by the Commission, and
such other detailed supporting documentation pertaining to the Project Account and the Project
(as listed in Exhibit "B" hereof) as the Commission may require, to justify and support the
payment as specified in the Commission's Grant Agreement and Invoicing Procedures.
7.11 Grantee certifies, under penalty of perjury, that the Grantee will comply with the
provisions of the Agreement and that all invoices and support documentation will be true
and correct.
7.12 Financial Consequence: Reimbursement payment for transportation services shall not
be provided to the Grantee until documentation supporting such services has been approved.
In addition, payment shall not be provided to the Grantee for capital until the capital has
been received and proof of payment and other back up documentation as requested is
provided to the Commission. The project must be completed (capital received and approved
by the Grantee) no later than June 30, 2019.
7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such invoices 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:
7.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
7.22 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
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Agreement, or payments to the Project;
7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
7.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
7.25 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
7.26 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.
7.30 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, vehicles 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 "B."
7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in accordance with the Commission's
invoice procedures 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 41-2 and 69, Florida Administrative Code, and the Fiscal Year 2018-19 Program Manual and
Application for the Trip and Equipment Grant is met.
7.50 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 (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
8.00 Termination or Suspension of Project:
8.10 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, 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
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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 obligations under this
Agreement.
8.20 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.
8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(850) 410-5700
CTDObudsmanOdot.state.fl.us
605 Suwannee Street, MS 49
Tallahassee, Florida 32399
The Grantee shall keep and maintain public records required by the Commission to perform the
service of this agreement.
Upon request from the Commission's custodian of public records, provide the Commission with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
agreement term and following completion of the agreement if the Grantee does not transfer the
records to the Commission.
Upon completion of the agreement, transfer, at no cost, to the Commission all public records in
possession of the Grantee or keep and maintain public records required by the Commission to
perform the service. If the Grantee transfers all public records to the Commission upon completion
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of the contract, the Grantee shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Grantee keeps and
maintains public records upon completion of the contract, the Grantee shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
Commission, upon request from the Commission's custodian of public records, in a format that is
compatible with the information technology systems of the Commission.
Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for
immediate unilateral cancellation of this Agreement by the Commission.
9.00 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.
10.00 Contracts of the Grantee:
10.10 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 transportation operator and consultant contracts or amendments thereto, with any third
party with respect to the Project without being able to provide, upon request, 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 Section 8.20. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contracts will be executed in compliance
with this section.
10.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this
law to the Commission for each consultant contract it enters.
10.30 Competitive Procurement: Procurement of all services, vehicles, equipment 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.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, 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
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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.
11.20 Title VI - Civil Rights Act of 1964: The Grantee must 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 Grantee pursuant thereto.
11.30 Prohibited Interests:
11.31 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.
11.32 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, 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.
11.33 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.
11.34 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.
11.35 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,
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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.
11.40 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 amended, as it may be amended from time to time.
11.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose
of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for
publication and distribution of each publication used in lobbying; other printing; media;
advertising, including production costs; postage; entertainment; telephone; and association dues.
The provisions of this section supplement the provisions of Section 11.062, Florida Statutes, which
is incorporated by reference into this Agreement.
11.60 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.
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11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
1. all new persons employed by the grantee during the term of the grant agreement to perform
employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant
to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a violation
of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement.
Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more about
E-Verify.
12.00 Miscellaneous Provisions:
12.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
12.40 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.
12.50 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.
12.60 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 or Federal law. Provided, that if any of the provisions of the
Agreement violate any applicable State or Federal 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 Grantee to the end that the Grantee may proceed as soon as possible with
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the Project.
12.70 Venue: This agreement shall be governed by and construed in accordance with the law
of the State of Florida. In the event of a conflict between any portion of the contract and the
Florida law, the laws of Florida shall prevail. The Grantee agrees to waive forum and venue and
that the Commission shall determine the forum and venue in which any dispute under this
Agreement is decided.
12.80 Purchased Vehicles or Equipment:
12.81 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order
for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations
or modifications to the equipment or vehicles without the consent of the Commission. The
Grantee shall notify the Commission in writing of any lease or assignment of operational
responsibility of project vehicles and equipment to third-persons.
12.82 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most current
Commission policies. The Commission may, after consultation with the Grantee, transfer
purchased equipment and vehicles that it deems to be underutilized or that is not being
operated for its intended purpose. This underutilized equipment and vehicles will be returned
to the Commission at a specified location at a mutually agreeable time. Reimbursement of
any equity or interest of the Grantee will be made after another party has assumed the
obligations under the terms and conditions of this Agreement or disposal of said items by sale
has occurred. The Commission shall make the sole determination of the Grantee's interest
and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles
and equipment that are purchased with Project funds shall be sufficient cause for non-
payment by the Commission as provided in Section 8.20.
12.83 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the Grantee is still under contract with the Commission and the capital equipment
still has useful life, the Grantee must request written approval from the Commission
prior to disposing of any equipment purchased or financed in whole or in part pursuant
to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds
from the sale of purchased project equipment and vehicles shall be documented in the
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project file(s) by the Grantee. With the approval of the Commission, these proceeds
may be re-invested for any purpose which expands transportation disadvantaged
services for the non-sponsored. If the Grantee does not elect to re-invest for purposes
which expand transportation disadvantaged services, the gross proceeds from sale shall
be refunded to the Commission in the same participation percentage ratios as were
used to fund the original purchase.
b)The purchase of all vehicles and equipment financed in whole or in part pursuant to this
Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for
the Transportation Disadvantaged in accordance with State regulations and statutes.
Title to any vehicle purchased with Project funds shall be in the name of the Grantee,
subject to lien in favor of the Commission. The Commission will relinquish all interest
in the vehicles and equipment when it has reached the end of its useful life and at this
time the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and
no longer a Commission approved Community Transportation Coordinator, the capital
equipment with useful life purchased with these grant funds must be transferred to an
eligible recipient in accordance with the Commission's Capital Equipment Procedure.
12.84 Equivalency of Service: In the event that this agreement involves the purchasing
of vehicles, upon the Commission's request, the Grantee shall submit to the Commission,
certification that such equipment meets or exceeds equivalency of service requirements in
accordance with the Commission's Capital Equipment Procedures. Failure to abide by this
requirement shall be sufficient cause for nonpayment by the Commission as provided in
Section 8.20.
13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create
in the public or any member thereof, a third-party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. The Grantee guaranties the payment of all just
claims for materials, supplies, tools, or labor and other just claims against the Grantee or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as
limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Grantee agreements
to indemnify, and hold harmless the Commission, including the Commission's officers and employees,
from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to
the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and
persons employed or utilized by the Grantee in the performance of this Agreement. This
indemnification shall survive the termination of this agreement. Nothing contained in this paragraph
is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign
immunity. Additionally,the Grantee agrees to include the following indemnification in all contracts with
contractors/subcontractors and consultants/subconsultants who perform work in connection with this
agreement.
"To the fullest extent permitted by law, the Grantee's contractor/consultant shall indemnify, and hold
harmless the Commission for the Transportation Disadvantaged, including the Commission's officers
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and employees, from liabilities, damages, losses, and costs, including but not limited to, reasonable
attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct
of the Contractor/consultant and persons employed or utilized by the contractor/consultant in the
performance of this Agreement.
This indemnification shall survive the termination of this agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Grantee's
sovereign immunity."
14.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Legislature. If applicable, the 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.
15.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30,
2019. If the Grantee does not complete the Project within this time period, this agreement will expire.
Expiration of this agreement will be considered termination of the Project and the procedure established
in Section 8.00 of this agreement shall be initiated. For the purpose of this secion, completion of
project is defined as the latest date by which services may have been provided or equipment funds
may have been received 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, 2019.
16.00 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.
17.00 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.
18.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the Grantee)
providing goods and services to the Commission will receive payments in accordance with Section
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
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 twenty (20) days to deliver a request for payment
(voucher) to the Department of Financial Services after receiving an approved invoice from the
Commission. 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
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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 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 Management 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. Vendors may also contact the Department of Financial Services Consumer Hotline at
1-800-342-2762.
19.00 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 seven (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 one 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 section may be ordered
by the court to make restitution for attorney's fees and all related costs to the aggrieved party
or the Department of Legal Affairs when it provides legal 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.
20.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by both parties.
Trip&Equipment Grant Agreement 2018/2019 Page 18 of 23
Form Rev. 06/01/2018
Collier
1 6D16
FM/30B No(s). 43202718401/43202818401
CONTRACT NO. G 0 X 18
AGREEMENT DATE: 61/0/ /Lvi&
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
GRANTEE: COLLIER COUNTY BOARD OF COMMISSION FOR THE TRANSPORTATION
COUNTY COMMISSIONERS DISADVANTAGED
BY: BY:
TITLE: C. r GL) TITLE: Executive Director(Commission Desianee)
CRYSTAL K.KINZEL,
ATTEST: M CLERKC.6)\-//42'14- Approved as
�to form and lc�,ality
INTERI CY"
`
Assistant County Atte
t "' ttest as to Chairman's CR
4.'‘.11. , signature only.
•
Trip 8'.Equipment Grant Agreement 2018/2019 Page 19 of 23
Form Rev. 06/01/2018
Collier
16016
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. GOX18
AGREEMENT DATE: 7'7 to j/Z as
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
TRIP/EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299
Tamiami Trail, Suite #700, Naples, Florida, 34112.
PROJECT LOCATION: Collier County(ies)
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation
can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427,
Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the
Fiscal Year 2018-19 Program Manual and Application for the Trip & Equipment. Services shall be
provided and equipment, including vehicles, will be utilized through a coordinated transportation
system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes
and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit
B, Page 2 of 2 attached to and made a part of this agreement. There shall be an approved eligibility
application for each rider who receives a non-sponsored service (trip or bus pass). In addition,
documentation which supports the eligibility determination shall be maintained by the recipient as part
of the rider's eligibility file. Capital equipment will consist of:
None.
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest
Florida Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any
other federal, state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Not applicable.
Trip&Equipment Grant Agreement 2018/2019 Page 20 of 23
Form Rev. 06/01/2018
Collier
16D16
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. GOX18
AGREEMENT DATE: tU 7/0/72o/g
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299
Tamiami Trail, Suite #700, Naples, Florida, 34112.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible costs as indicated by Chapter 427, Florida Statutes,
Rule 41-2, Florida Administrative Code, the most current Commission policies and Fiscal Year 2018-19
Program Manual and Application for the Trip & Equipment Grant. Trips shall be purchased at the fares
indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement.
Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the
monthly allocation disbursement schedule reflected on Exhibit"B". At times, this may result in"underbilling"
or"overbilling". Any excess(underbilled)funds may be recaptured on a monthly invoice that does not exceed
the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining
on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds
must be repaid to the Commission upon project completion. Reimbursement payment for transportation
services shall not be provided to the Grantee until documentation supporting such services has been
approved. In addition, payment shall not be provided to the Grantee for capital until the capital has been
received and proof of payment and other back up documentation, as requested, is provided to the
Commission. The project must be completed (capital received and approved by the Grantee) no later than
June 30, 2019. Grantee will make every effort to submit invoices within thirty (30) days after the month of
service provision.
Non-sponsored Trips $ 849,376.00 43202718401
TOTAL $ 849,376.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $764,438.00
Local Cash Funds $84,938.00
2018-19 Legislative Proviso Funds $ .00
Local Cash Funds for 2018-19 Legislative Proviso Funds $ .00
Total Project Cost $849,376.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
FY 18/19 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Trips 63705 63703 63703 63703 63703 63703 63703 63703 63703 63703 63703 63703
Capital
Trip&Equipment Grant Agreement 2018/2019 Page 21 of 23
Form Rev. 06/01/2018
Collier
1 6016
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: 01/01/2.0a
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile,Trip, or Pass) $
Ambulatory Trip 34.02
Wheelchair Trip 58.32
Group Trip - Per Passenger Trip 18.1
Group Trip - Per Group Trip 51.77
Daily Bus Pass Pass 4.00
Daily Bus Pass - Reduced Pass 2.00
Weekly Bus Pass Pass 15.00
Weekly Bus Pass - Reduced Pass 7.50
Monthly Bus Pass Pass 35.00
Monthly Bus Pass - Reduced Pass 17.50
Marco Express Bus Pass Pass 70.00
Marco Express Bus Pass - Reduced Pass 35.00
Trip&Equipment Grant Agreement 2018/2019 Page 22 of 23
Form Rev. 06/01/2018
Collier
16016
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO. GOX18
AGREEMENT DATE: 07/01 /2/Ng
EXHIBIT"C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUB3ECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department
of Transportation
State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $764,438.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55.001 is provided at:
https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
Trip&Equipment Grant Agreement 2018/2019 Page 23 of 23
Form Rev. 06/01/2018
Collier
16016
if- Transportation Disadvantaged
Transportation Trip & Equipment Grant Application Form
Dkodvantogcd
Legal Name Collier County Board of County Commissioners
Federal Employer Identification 59-6000558
Number
Registered Address 3299 Tamiami Trail East Suite 103
City and State Naples FL Zip Code 34112
Contact Person for this Grant Michelle Arnold Phone Number 239-252-5841
Format 111-111-1111
E-Mail Address(Required) Michelle.Arnold@colliercountyfl.gov
Project Location(County(iesj) Collier County Proposed Project 07/01/18
Start Date
:,f : 7.:''. /T - -i Y ,'7' ::fie
Amountii
Grant Amount-State Allocation[90%1 $764,438.00
Grant •cal Match[10%1 $84,938.00
Grant Amount-Proviso[90%1 $0.00
Grant ' • Proviso 1'. 1 /1
VoluntaryDollar Amount $0.00
Local •r Voluntary 1• $0.00
Total Project Amount $849,376.00
Capital Equipment Request
Descri•tion of Ca•ital E.ui.ment $Amount
$0.00
$0.00
$0.00
Local Coordinating Board Review IS Required if Requesting Capital Equipment
If the purchase of capital equipment is included in this Application Form, the application has been reviewed by
the Local Coordinating Board.
Signature of Local Coordinating Board Chairperson Date
I, the authorized G t Recipient "ep -sentative, hereby certify that the information contained in this form is
true and occur e and is submitted ' acc• dance with the 2017-18 Program Manual and Application for the
Trip & Equipm nt Grant.
t
Signature TrPant Re•: t Representative Date
CRYSTAL K.KINZEL, Approved as to form and legality
INTERIM CLERK ,
TripandEquipmentGrantApplicationForm20180420 „'. e
Form Revised 4/20/18 L 1 iY---- Assis ant County --titi,
- Attest as to Chairman's \�
siafzture nnly Ce
1 6 D 1
Transportation Disadvantaged
TransportatioDisadvantage Trip & Equipment Grant Service Rates Form
Disadvantaged
Applicant Collier County Board of County Commissioners
Project Location [County(ies)] Collier County
Service Rate Effective Date 7/01/18
Type of Service Unit of Measure Cost
Transportation Mode (Trip or Passenger Mile) Per Unit
* Ambulatory Trip 34.02
* Wheel Chair Trip 58.32
* Stretcher Trip 0.00
Bus Pass—Daily Pass 3.00
Bus Pass—Weekly Pass NA
Bus Pass—Monthly Pass 40.00
Bus Pass- Daily Reduced Pass 1.50
Bus Pass- 15-Day Pass 20.00
Buss Pass- 15-Day Reduced Pass 10.00
Bus Pass-Monthly(30-Day) Reduced Pass 20.00
Bus Pass-Marco Island Express Pass 70.00
Bus Pass-Marco Island Express Reduced Pass 35.00
Group Trip- Per Passenger Trip 18.10
Group Trip-Per Group Trip 51.77
*Ambulatory, Wheel Chair and Stretcher must all use the same Unit of Measure either Trip or Passenger Mile;
Cannot mix,all must be the same regardless of Transportation Mode.
ServiceRatesForm 20180420
Form Revised 4/20/2018
0
16016
r t,.Inn c, .ra,ri❑n fu.ur
TRANSPORTATION DISADVANTAGED
Transportation TRIP & EQUIPMENT GRANT
Disadvantaged
STANDARD ASSURANCES
The Grantee hereby assures and certifies that:
1. The Grantee has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
2. The Grantee is aware that the Trip & Equipment Grant is a reimbursement grant.
Reimbursement of funds will be approved for payment upon receipt of a properly
completed invoice with supporting documentation.
3. Trip & Equipment Grant funds will not be used to supplant or replace existing federal,
state, or local government funds.
4. The Grantee understands that an approved written eligibility application and eligibility
support documentation is required and is to be maintained for each rider who receives
a non-sponsored trip or bus pass and such documentation shall be made available
upon request by CTD staff or its designee.
5. The Grantee is aware that if capital equipment is purchased with these grant funds,
equipment must be received by the recipient no later than June 30, 2019.
6. The Grantee recipient is aware that the approved project must be complete by June
30, 2019, which means services must be provided by that date or reimbursement will
not be approved.
7. Capital equipment purchased through this grant shall comply with the recipient's
competitive procurement requirements or Chapter 287 or Chapter 427, Florida
Statutes.
This certification is valid for the .1reement period for which the grant application is filed.
Signature: 6w401P'.
Date: 6/26/18
Name: Andy Solis
Title: Chairman
Agency: Board of County Commissioners
Service Area: Collier County _ _ CRYSTAL K.KINZEL,
'' " } " INTERIM CLERK
StandardAssuranceForm20180420 *•
Form Revised 4/20/2018 i 7 •
ttes as to Chairman's Approved as to form and legality
signature only. '� cr
Assistant County Atte , o?j\�
(.41
16016
RESOLUTION 2018-1 0 8
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S
APPROVAL OF ENTERING A TRANSPORTATION DISADVANTAGED
TRUST FUND TRIP/EQUIPMENT GRANT AGREEMENT WITH THE
FLORIDA COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED FOR STATE FUNDING IN THE AMOUNT OF
$764,438, AND AUTHORIZING ITS CHAIRMAN TO SIGN THE GRANT
AGREEMENT.
WHEREAS, the Board is eligible to receive a Transportation Disadvantaged Trust Fund
Grant and to undertake a transportation disadvantaged service project as authorized by Section
427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code; and
WHEREAS, at the June 26, 2018 meeting of the Board of County Commissioners the
Board by majority vote approved a Transportation Disadvantaged Trust Fund Trip/Equipment
Grant Agreement (the "Agreement") with the Florida Commission for the Transportation
Disadvantaged ("FCTD") for State FCTD funding in the amount of$764,438 (with a total project
cost of$849,376) and authorized the Board of County Commissioners, through its Chairman, to
enter the Agreement with the FCTD; and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote acknowledging its authorization of the
Chairman to execute the Agreement for funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
1. The Board has the authority to enter into this grant agreement.
2. On June 26, 2018 the Board of County Commissioners authorized its Chairman, by
majority vote,to enter into the above-referenced Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Agreement with the Florida Commission for the Transportation
Disadvantaged.
This Resolution adopted this 26th day of June 2018 after motion, second and majority vote in
favor of passage.
CD
16016
ATTEST BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,
`'� INTERIM CLERK r
�'•.. COLLIER COUl\TY,;;FLORIDA
cOlAliQ..9
CQ...j" it#z I& By: / .
Attest as to Chang ty Clerk Andy Solis, Chairman
signature only.
Approved as to form and legality:
By: .t 416ciP Ct.?
Jennifer A. Belpee :
Assistant County Attorney
ti..v..: al 1 viiV:1
G'euigty of COLLIER
I I =RR�EB'r CERTIFY THAT this is a true and
(x rrec copy of a document on file in
Eeard Minutes and Rec,ordslif C Ijer County
\NiTNEI- ,my
ftk
o� c11y of i t ��.
DWI 'T E. BROC140 ERK OF COURTS
•
0