Agenda 04/26/2011 Item #16A8
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4/26/2011 Item 16.A.8.
EXECUTIVE SUMMARY
Recommendation to execute the attached Supplemental Agreement to the Joint
Participation Agreement (JP A) between the Florida Department of Transportation
(FDOT) and Collier County to provide the final installment of funding in the amount of
$301,600.00 in FDOT Fiscal Year 2010/2011 for the Collier Area Transit (CAT) Intermodal
Transfer facility at the Government Center, and approve a budget amendment to recognize
these funds.
OBJECTIVE: To obtain BCC approval to execute the attached Supplemental Agreement to the
Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT)
and Collier County for the Collier Area Transit '(CAT) Intermoda1 Transfer Facility at the
Government Center; approval Df a resolution authDrizing the Chainnan of the BCC to sign the
agreement, any assurances, reimbursement invoices, warranties, certifications and any other
documents which may be required in cDnnection with this agreement; and, tD authorize the
Chairman to apprDve a budget amendment tD recognize the final installment Df $301,600.00
received for FY 20 I 0/20 II.
CONSIDERATIONS: On August 1, 2007, CAT mDved the passenger transfer facility to the
Collier County GDvernment Center campus next tD the Museum, after being asked to relocate by
Lorenzo Walker Institute of Technology. On April 8, 2008, the BCC approved a resolution
designating a 1.2 acre parcel of land, within the CDllier County Government Center campus, for
use as an intermoda1 transit passenger transfer facility.
FDOT awarded an Intermoda1 Grant in the amount of $1,300,000 fDr planning, design, site
development, and constructiDn expenses related to the CAT Intermodal Transfer Center. The
50% local match for the grant was comprised of the land value and in-kind services (staff time).
The BCC approved the JPA between FDOT and Collier County for the funding on May 12,
2009. The JPA allDwed the FDOT contribution to be broken down over a three year period with
a total contributiDn not tD exceed $1,300,000. To date, $998,400 of grantor revenue has been
recognized. This supplemental agreement to the JP A authorizes the final year Df funding fDr this
project.
The tDtal project cost for the Intermodal Transfer Facility is estimated at $5,800,000 which
includes the value of the land, staff time, design fees and construction costs. In April 2008, the
Joint Lee/CDllier MPO's prioritized the CAT Intermoda1 Transfer Facility for TranspDrtatiDn
Regional Incentive Program (TRIP) funding. TRIP funding in the amDunt of $1,400,000 was
included in FDOT's five-year wDrk program in FY 2011/2012 for this project. An agreement for
TRlP funding will be brought to the BCC for approval after the beginning Dfthe State fiscal year
(July 1,2011).
FISCAL IMPACT: There is no additional fiscal impact associated with this item. The total
estimated funds for this FDOT Intermoda1 Development Program Grant are $1,300,000 with a
County match using land valuation in the amDunt of $1,019,000 and in-kind services in the
amount of $281,000.00. The land value and in-kind services have previDus1y been committed.
A budget amendment is required tD recognize the FY 2010/2011 funds in the amDunt Df
$301,600 in Fund 426, Project No. 33037.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the 'County
Attorney's Office, is legally sufficient for Board actiDn and only requires a majority vote for
Board approva1-SRT.
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4/26/2011 Item 16.A.8.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the
Transportation Element of the Growth Management Plan.
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RECOMMENDATION: That the Board authorize the Chairman of the Board of County
Commissioners to sign the Supplemental Agreement to the Joint Participation Agreement, any
assurances, reimbursements invoices, warranties, certifications and any other documents that
may be required in connection with this agreement and the attached Resolution authorizing the
Chainnan to sign the Agreement on behalf of the Board; and, to authorize the Chairman to
approve a budget amendment to recognize the final installment of $301,600.00 received for FY
201012011.
Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Dept.
Attachment: FDOT Supplemental Joint Participation Agreement; Resolution; Joint Participation
Agreement APF60
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4/26/2011 Item 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8.
Item Summary: Recommendation to execute the attached Supplemental Agreement to
the Joint Participation Agreement (JPA) between the Florida Department of Transportation
(FDOT) and Collier County to provide the final installment of funding in the amount of $301,600
in FDOT Fiscal Year 2010/2011 for the Collier Area Transit (CAT) Intermodal Transfer facility at
the Government Center, and approve a budget amendment to recognize these funds.
Meeting Date: 4/26/2011
Prepared By
Name: Cardeso Y ousi
Title: Administrative Assistant,Alternative Transportation Modes
4/7/2011 8:43:37 AM
Submitted by
Title: Project Manager, Associate,Transportation Engineering & Construction Management
Name: OteroBrandy
4/7/2011 8:43:39 AM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst, Transportation Administr
Date: 4/7/2011 9:05:48 AM
Name: CarterGlama
Title: Manager - Public Transit,Alternative Transportation Modes
Date: 4/7/2011 10:51:22 AM
Name: BetancurNatali
Title: Executive Secretary, Transportation Engineering & Construction Management
Date: 4/12/2011 2:27:47 PM
Name: ArnoldMicheIle
Title: Director - Alt Transportation Modes,Alternative Tr
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Date: 4/13/2011 2:44:28 PM
Name: OberrathKaren
Date: 4/13/2011 3:20:28 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/13/20114:10:50 PM
Name: FederNonnan
Title: Administrator ~ Growth Management Div,Transportati
Date: 4/14/2011 6:38:51 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 4/14/2011 8:07:14 AM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 4/14/20114:44:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/15/2011 1 :23 :31 PM
Name: StanleyTherese
Title: ManagementlBudget Analyst, Senior,Office of Management & Budget
Date: 4/15/2011 4:06:24 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/18/2011 4:35:54 PM
Name: OchsLeo
Title: County Manager
Date: 4/19/2011 1:29:06 PM
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4/26/2011 Item 16.A.8.
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4/26/2011 Item 16.A.8.
RESOLUTION 2011-
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF. THE
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE
PLANNING, DESIGN, SITE DEVELOPMENT, AND/OR CONSTRUCTION EXPENSES
FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER FACILITY
TO BE LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER AND
AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT AT THE APRIL 26,
2011, MEETING.
WHEREAS, at the April 26, 2011, meeting of the Board of County Commissioners the
Board approved a Supplemental Joint Participation Agreement (the "JPA") with the Florida
Department of Transportation pertaining to the planning, design, site development, and/or
construction expenses for the Collier Area Transit (CAT) Intermodal Transfer Facility to be
located at the Collier County Government Center (Financial Project No. 420353-1-94-01) and
authorized the Board of County Commissioners, through its Chairman, to enter into the
Supplemental JP A with the Florida Department of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the JP A;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On April 26, 2011, the Board of County Commissioners approved by majority vote the
JPA (Financial Project No. 420353-1-94-01) and authorized its chairman, Fred W. Coyle, to
enter into that agreement with FDOT.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement
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4/26/2011 Item 16.A.8.
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This Resolution is hereby adopted after motion, second and majority vote this 26th day of
April 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk
By
FRED W. COYLE, CHAIRMAN
Approved as to form
2::m~l _
Scott R Teach,
Deputy County Attorney
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4/26/2011 Item 16.A.8.
S1'Al'E OIF l'UlRIM IlEPNmtIENT OFlIWISPClRTAlION
PUBUC TRANSPORTAnON
SUPPLEMENTAL JOINT PARTlCIPAnON AGREEMENT
Number One
FLnf: 010
FuncIIon: 639
Federal No.: N1A
ConIract No.: APF60 DUNS No.: 07699779D
catalog of Federal DomestiC AssIstance Number: NlA
ns.o:JOoG7
PUIl.lC lRAHSPORTATION
01111
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FlnancIaI Project No.:
.-203S319401
(~_I~ ~...g)
FLAIR Category. 088792
ObjBcl Code: 750014
Org. Code: 55012020129
Vendor No.: F596OOO558OO4
Catalog of St8t8 Fll\IInclal AssIstance Number: 65014
THIS AGREEMENT, made and entered Into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, en agency of the Slate of Florida.
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3301 East Tamaml Trail, Naples, Florida 34112
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 29th day of June ,200S
entered Into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined In the Attachment aA- appended
hereto; and
WHEREAS, the Department desires to participate In aD eflgible Items for this project as outlined In Atlachmenl,
-A- far a total Department Share of $1,300,000.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and In consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented es follows:
1.00 Project Description: The project description is amended
N1A
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4/26/2011 Item 16.A.8.
P1alC1RAHSPCRT~ .
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2.00 Praject cost:
Paragnlph 3.00 of said Agreement is Incr8asecf by $603,200.00
bringing the revised total cost of the project to $ 2.600,000.00
P8I'agnIph 4.00ohald Agt8ernen11s Incr8ased by $301.600.00
bringing the Departmenfs revised total cost of the project to $ 1.300.000.00
3.00 Amended Exhibits:
Exhiblt{s)
B
of sald Agreement is amended by Attachment "P:.
4.00 Contract Time:
Paragraph 18.00 of said Agreement December 31st ,2012
5.00 E.Verlfy:
The Agency shall utiize the U.S. Depar1ment of Homeland 5ecurity's E-Verify system, in accordance with the
terms govening use of the system, to confm the employment eligibility of;
1. aU perwons employed by the Agency during the term of the Contract to perform employment duties within
Aorida; a1d
2. all persons. including subcontractors. assigned by the AfJenc:y to perform work pursuant to the contract with
the Department.
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4/26/2011 Item 16.A.8.
12W>>lI7
PUBUC'rRAHliPORTATION
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Financial Project No. ' 42035319401
Contract No. APF60
Agreement Date
Except as hereby modified. amended or changed. all other lenns of said Agreement dated June
and any subsequent supplements shall remain In tuD force,and effect
29th 2009
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed.1he day end year first
above written.
AGENCY
FOOT
Collier County Board of County Commissioners
AGENCY NAME
See attached Encumbrance Fonn for date of Funding
Approval by Comptroller
SIGNATORY (PRINrED OR TYPED)
LEGAl.. REVIEW
DEPARTMENT OF tRNfSPORTATION
SIGNAtuRE
DePARTMENT OFTRANSPORrATION
Dlred.or of Transportation Development
TI1lE
, TITLE
ATTEST
DWIGHT E. BROCK, CLERK
BY:
"-UWbd~_~
DepatJ ~UDty Attol'JleY
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PUIlUC 'IRAHSPClRTATDl
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Fnmdal Project No. 42035319401
Contract No. APF60
Agreement Date
AlTACHMENT -A-
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
ThIs Attachment forms an integral part of that ClSrtBin SUpplemental Joint PartiGipation Agreement between
the State of Florida, Department ofTrw1SpOI1ation and Collier County Board of County Commissioners
3301 East Tamami Trail, Naples. Florida 34112
dated
DESCRIPTION OF SUPPLEMENT (Include jusUfication for cost change):
We are scldlng $301.600.00 in State Inlennodal program funds to this Intermodal project agreement
I. Project Cost M Approved As Amended Net .
$1,996,800.00 $2.600,000.00 $603,200.00
Total Project Cost $1.998.800.00 $2,600.000.00 $603,200.00
fl. Fund As Approved As Amended Net
Department 5998.400.00 $1.300.000.00 $301.600.00
Agency: $998,400.00 $1.300,000.00 $301,600.00
$0.00 $0.00 $0.00
Total Project Cost $1.996,800.00 $2.600,000.00 $603,200.00
Comments:
Exhibit A of said Agreement is amended by Attactvnenl A-1.
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4/26/2011 Item 16.A.8.
Financial Project No: 420353-1-94-01
Con1ract: APF60
Agreement Date:
, EXHIBIT A
A'ITACHMENT A-I
PROJECT DESCRIPTION AND RESPONsmILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and the. Collier County Board of County
Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112. dated June 29. 2009.
PROJECT LOCATION:
Property located at the Government Center in Collier County, Florida.
PROJECT DESCRIPTION: To provide for the Department's participation in the Agency's
eligible costs related to the planning, design, site development, and/or construction expenses of a
transit intermodal transfer center for the Collier Area Transit on property located at the
Government Center.
SPECIAL CONSIDERATIONS BY AGENCY:
DELIVERABLES:
. Quarterly reports are to be submitted every three months.
. A detailed project budget that delineates all expenses with the proje~ clearly defines the
expenses associated with the project as it relates to the service development grant.
. Inventory sheet of all capital items incurred with service development grant fimds,
including VIN numbers for vehicle pmchases.
. Copy of any third party agreement that is paid for in whole or part with Service
Development fimds, please refer to section 12.10 of the original JP A. This includ~ but is
not limited to, purchased transportation services. All third party contracts must be
reviewed by FDOT prior to issuance.
. Site visits and route field review may be required by the state project manager to monitor
the progress of the project.
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4/26/2011 Item 16.A.8.
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EXHIBIT A
AITACHMENT A-I CONTINUED
PROJECT DESCRIPTION AND RESPONSmILITIES
SPECIAL CONSIDERATIONS BY DEPARTMENT:
DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY
Section 12.31 of the JP A is amended as follows:
12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to
participate in the performance of contracts and this Agreement. In this regard, all recipients, and
contractors shall take all necessary and reasonable steps in accordance with 49 CPR Part 26, as
amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity
to compete for and perform contracts. Grantees. recipients and their contractors shall not
discrimin~te on the basis of race. color, national origin or sex in the award and performance of
Department assisted contracts.
The recipient shall not discriminate on the basis of race. color. national origin. or sex in the
award and performance of any DOT-assisted contract or in the administration of its DBE
program or the ~ents of 49 CFR part 26. The recipient shall take all necessary and
reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts. The recipient's DBE proe:ram. as required by 49 CFR
part 26 and as approved by DOT. is incorporated by reference in this agreement. Implementation
of this program is a legal obligation and failure to carry out its terms shall be treated as a
violation of this asrreement. UpOn notification to the recipient of its failure to carry out its
apJ'l'oved program the Department mav impose sanctions as provided for under 'Part 26 and may.
in awropriate cases. refer the matter for enforcement under 18 U.S.C. 1001 and/or the PrOgram
Fraud Civil Remedies Act of 1986 (31 ns.c. 3801 et seq.)
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E-VERIFY:
Section 2S .00 of the JP A is added as follows:
25.00 E-Verifv: The Agency shall utilize the U.S. Department of Homeland Security's E-
Veri:fv System. in accordance with the terms governinr use of the system. to confirm the
employment eligibility of;
1. all persons employed by the Ag:encv during the term of the Contract to perform
employment duties within Florida: and
2. all persons. including subcontractors. assigned by the Agency to perform work pursuant
to the contract with the Department
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4/26/2011 Item 16.A.8.
Davis, Julia
From:
Sent: _
To:
Subject: .
The job Fl989HlR
Friday, October 22. 2010 3:54 PM
Davis, Julia
FUNDS APPROVAlJREVIEWEO FOR CONTRACT APF60
STATE OF FlORIDA DEPARTMENT OF TRANSPORTAnO~
FUJI)S APPROVAL
Contract I'APF6B Contract Type: AH Method of Procurement: G
Vendor Name: COLLIER COUNTY B
Vendor ID: VFS968El8S58864
Beginning date of this Apt: 86/29/89
Ending date of this Agmt: 12/31/12
Contract Total/Budgetary Ceiling: ct '"' $1,,388,,880.08
.*.................*..........*..............****.****.................*
Description:
Planning; project devp and environ.ental; design; constructi on" ~ intermodal transit hub
- Collier Government Center
.............................*..........................................
ORG-CODE .EO *OBJECT.AMOUNT .FIN PROJECT .FCT .CFDA
(FISCAL YEAR) .BUDGET ENTITY .CATEGORY/CAT YEAR
'AMENDMENT ID .SEQ. .USER ASSIGNED 10 .ENC LINE(SS)/STATUS
........................................................................
Action: SUPPLEMENTAL Funds have been: APPROVED
5S 812828129 .PT *759898 ·
2011 *SSleel0B
S002 .ee.
301680.88 .42835319481 .639 ·
.888899111
S83 *8803/84
._----------------------------------------~.-----------------------------
TOTAL AMOUNT: *$
381,688.88 ·
______________M__.____________________.___________~_____________________
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE" CPA, COMPTROLLER
DATE: 19/22/2818
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SThTE or- FlORIOt\ DEPARTMeNT OF TRIINSPOKThTION
PUBLIC TRAN SPORT A TION
JOINT PARTICIPATION AGREEMENT
725-03046
PUDUC TRANSPORTATION
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Financial Project No.:
420353-1-94-01
(lIclII.segment"phasc..sequcncc)
Fund: 010
Eunction: 639
Federal No.: N/A
DUNS No.: 076997790
CSF~ Number:
FLAIR Approp.: 088792
FLAIR Obj.: 750014
Org. Code: 55012020129
Vendor No.: F596000558004
55014
Conlract No.: APF60
CFOA Number. N/A
THIS AGREEMENT. made and entered into this ---M.- day of :J7LI'\L . $tJt1..
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
~3~~E~~!_~amiamiTrall, Naples, ~IOrida_34113-_______,____ ____.___
hereinafter referred to as Agency. The Department and Agency agree that al/ terms of this Agreement will be compleled
on or bef~re 12/31/2012 and this Agreemenl will eXPi~e unless a lime extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341.053 (6)
Florida Statutes, to enter into this Agreement.
.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parlies ,agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the Department's participation in the Agency's eligible costs related to the planning, design, site,
development, and/or construction expenses of a transit intermodal transfer center for the Collier Area Transit on property
located at the Government Center.
and as further described in Exhibit(s) A, B, C, and D attached hereto and by this reference made' a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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PIlIlUC "Tl'lIlNSPORTIITICN
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence. and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof Ihis Agreement, with all practical dispatch. in a sound,
economical. and efficient manner, and in accordance wllh the provisions herein, and all applicable laws.
2.20 Pursuant to Federal. State, and Local Law: In the eventlhat any election, referendum, approval, permit,
nolice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law. all acllons necessary wilh respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall inlliate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide Ihe necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and other Documents: The Agency shall submit to the
Deparlment such data. reports, records, contracts and other documents relating 10 the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The totai estimated cost of U1e project is $ See Exhibit B . This amount
is based upon the estimate summarized in Exhibit "B" allached hereto and by this reference made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the lotal estimated cost of the project and any ,deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ See Exhibit B as detailed in Exhibit "B", or in an amount equal 10 the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreemen!. Il is understood that Stale participation in eligible project cosls is subject to:
(a) Legislative approval of the Department's appropriation request in the worl( program year that Ihe project is
scheduled to be committed;
(0) Availability offunds as stated in Section 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms ofthls
Agreement; ,
(d) ,Departmenl approval ofthe project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available. .
4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to ils lotal share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retalnage 0 is @ is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions:
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P\JIlUC TAANsPOIITATlON
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6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligatfons against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless It complies with fund participation requirements established in Section 4.00 of this Agreement and is
approve~ by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelinesfpTocedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available fOT The Project: The Agency shall appropriately record in the project
account. and deposit in a bank or trust company which Is a member of the Federal Deposit Insurance Corporatiol), all
payments received by il from the Department pursuant to (his Agreement and all other funds provided for, accruing to, or
ottlerwise received on account of the project. which Department payments and other funds are herein collectively,
referred to as "project funds', The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department. by the deposit or setting aside of collateral of the types and, in the,manner
as prescribed by State Law for the securily of public funds, or as approved by the Departmenl -
.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services-
contributed by the Agency or others, shall be supported by properly executed payrolls, time records. invoices. contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or,order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate- with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspecllons, reviews.
investigations, or audits deemed necessary by the State Comptroller or Audilor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access lo such records and WOrking papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of stale financial assistance or limit the authority of any state agency inspector general, (he Auditor
General, or any other stale official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" allached hereto and by
this reference made a part hereof this Agreement. -
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7.61 Monitoring: In a.ddition to reviews of audits conducted in accordance with OMS Circular A-133 and Section
215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visils by
- Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring proceduresfprocesses deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate. the Agency agrees to comply
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FOOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency Is a state. local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in Its fiscal year, the reCipient must
have a single or program-specific audit conducted In accordance with the provisions of OMS Circular A-133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in Its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department The determination of amounts of Federal awards expended
should be in accordance with the guide.lines established by OMS Circular A-133, as revised. An audit oflhe recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133. as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1.. the recipient shall fuff/llthe
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Partl, Paragraph 1., an audit conducted in accordance wilh the
provisions of OMS Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit
mllst be paid from resources obtained from other than Federal entities.
4. Federal awards are to be identified using the Calalog of Federal Domestic Assistance (CFDA) tille arid number,
award number and year, and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m). Florida Statutes, and
a recipient of state funds, the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal ~'ear in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO: and Chapters
10.550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor Gen~ral.
Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agre~menl. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financiaI"assislance, including state financial assistance received from the Department. other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In conneclion with the audit requirements addressed in Part II, Paragraph 1., the recipienl shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipIent expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entilies.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) tille and number,
award number and year, and name of the state agency awarding il.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings requIre corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to projecl records and audit work papers shall be given to the Department. the
Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit Ihe authority of any other
slale official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and, required
by Section 7,.622 Part I of this agreement shall be submitted. ~hen required by Section .320 (d), OMB Circular A-1 33,
by or on behalf of the recipient directly to each of the following:
A. ' The Department at each of the following addresses:
Florida Depaltmcnt of Transportation, District One Hcadqual1crs
Office MDdal Devclopment/Public Transil, M S J -39
.80 I NOJ'thBroadwclY Avenue! Smtow, Fl. 33830
B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following
address:
Federal Audil Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
.
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular
.4.-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMS Circular A-133 is not required to be submitled to the Department for reasons
pursuant 10 section .320 {eX2}, OMS Circular A-133. the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards
direclly to each of the following:
Florida Depm1111cnt of Transportation. District One Headquarters
'Office Modal Development IPublic Transit, MS 1-39
801 NOIih Broadway Avenue! Barlow, FL 33830
In addition, pursuant to Section .320 (f). OMS Circular A-133. as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, and any management lellers issued by the
auditor, to the Department at each of the following addresses: '
Florida Depm1mcnt of Transportation, District One He.lKlqualters
Office Mo.dal DcvclopmcntlPublic Transit, MS 1-39
801 North Broadway Avenue/ Bartow, FL 33830
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3. . Copies o(financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipien.t direclly to each of the following:
A. The Deparlment at each of the following addresses:
Florida DcparlJnCllL ClJ",Transporllllioll, Dislrict One HeadquarLers '
Office Modal Dc\'clopmenl iPublic Transit, MS 1.39
801 NC>1th Broadway A \lemle; Barlow, FI.:. 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement sl<lall be submitted by
or on behalf of the recipient direclly to:
A. The Qepartment at each of the fOllowing addresses:
Florida Depaltnicllt ofTransp0l1ation, District One Headqualters
Office Modal Development !Public Transit, MS 1-39 '
801 North Broadway Avenue! BarloW, FL 33830 .
5. Any reporls, management leiter, or other information required Lo be submitted to the Department pursuant to this
Agreement shall be submilled timely in accordance with OMS Circular A-133, Seelion 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
,6. Recipients, when submltllng financial reporting packages to the Department for audits done in accordance with OMS
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report Is issued, and shall allow the Department.
or its designee. the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to 1he Department, or its designee, the CFO. or Auditor General
upon request for a period of at least five years from the dale the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, incll,lding
maleriat noncompliance with Individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminale
such audit findings or a statement describing the reasons that corrective action Is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65 Insurance: Execution of this Joint Parlicipation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equIpment or
facilities, the Agency shall eilher replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. In the eventlhis Agreement is for purchase of land or for the construction of infrastructure
such as airport runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8:10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue. Bartow , FL.
33830. its requisition on a form or forms prescribed by the Department. and any other data pertaining to
lhe project account (as defined in Paragraph 7.10. hereof) to justily and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudll and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.0.61, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.0.61, F.S.
8.13 For real property acquired, submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real property'
togetherwilh any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws. rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject 10 other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper tet ensure the carrying out of the project
and payment of the eligible costs. However. notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect 10 any document or data furnished therewith or
pursuant hereto;
.
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency .of any of its duties
or obligations which may jeopardize or adversely affectlhe project, the Agreement. or payments 10 the project:
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which,under
this agreement. requires the approval of (he Department or has made related expenditures or incurred related .
obligations without having been advised by the Department that same are approved;
or
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained ~erejn;
8.25 Default: The Agency has been determined by the Department to be in defaull under any of the
provisions of the Agreement. .
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance 10 the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibfl "6."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project. and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuanttq this agreement. the Department may offset such amount from payments
due for work or services done under any pUblic transportation joint participation agreement which it has with the Agency
owing such amount if. upon demand, payment of the amount Is not made within sixty (60) days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
, 9.10 Termination or Suspension Generally: If !he Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 6.26 inclusive, or for any other
reason, the commencement, prosecution. or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its
obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected, or the Department may terminate any or all of Its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension, Upon receipt of any final terminalion .or
suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein
which may include any or all of the following: (') 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) fumish a statement of the project activities and contracts, and other
undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
the financing and any advance payment previously received as is determined by the Department to be due under the
provisions of the Agreement. The termination or suspension-shall be carried out in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a
'remiUance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may 01l1erwise have arising out of this Agreement. .
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers. letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made,;the
Agency shall remil to the Department its share of any unexpended balance in the project account :
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the .
Department'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.
12.00 Contracts ofthe Agency;
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department. the Age~cy shall
not execute any contract or obligate Itself in any manner requiring the disbursement of Department joint particip~tion
funds, including consultant, construction or purchase of commodities contracts or amendments thereto. with any third
. party with respect to the project without Ihe writlen approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consullant or contractor and to approve or disapprove the .
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by [he Department in a project with an Agency, where said project involves a consultanrcontract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287. F.S.. Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 .DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined'
in 49 CFR Part 26. as amanded, shall have the maximum opportunity to participate in the performance of .
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure thai Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contr~cts. Grantees, recipients and their contractors shall not
discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
nol discriminate against any employee or applicant for employmen1 because of race, age, creed, color, sex or nalional
origin. The Agency will take affirmative action to ensure 1hat applicants are employed, and Ihat employees are treated
during employment. without regard to their race, age. creed, color, sex. or national origin. Such aclion shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training. including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contraclual relationship in all its
contracts. in connection with the development or operation of the project, except contracts for standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts. except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolilion, removal, site improvement, or similar work, the Agency shall post. in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
.
13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Tille VI of the Civil Rights Acl of 1964 (42
U.S.C. 2000d, el. seq.). the Regulations of the Federal Department of Transportation issued thereunder. and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Tille VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disa bilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
consUtules a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, el.
seq.), the regulations of the federal government issued lhereunder, and the assurance by the Agency pursuant t.hereto.
.
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13,50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in conneclion with the
project or any property included or planned to be included in the project. with any officer, director Dr employee of the
Agency, or any business entity of which the officer,. director or employee or the.officer's, director's or employee's spouse
Dr child is an officer, partner. director, or proprietor or in which such officer. director or employee or the officer's, director's
or employee's spouse or child, or any combination of them, has a material interest.
"Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entily.
The Agency shall not enter into any contract or arrangement in connection with the project or any properly included or
planned to be included in the project, with any person or enlily who was represented before the Agency by any person
who at any lime during the immedialely preceding two years was an officer. director or employee of the Agency. :
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the governmenl, or any
agreement between the Agency and an agency of state government. .
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United Stales shall be admilled to any share or part of the Agreement or any benefit arising therefrom. .
14.00 Miscellaneous Provisions:
14,10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certificalion by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Deparlment of any
paymenllo the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
. default which may then exist, on the part of the Agency, and the making of such payment by the Department while any
such breach or default shall exisl shall in no way impair or prejudice any right or remedy available to the Department wilh
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requir'ements of applicable law:
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also. agrees not to pay, any bonus or commission for the purpose of obtaining an approval of ils application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable Stale
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once nolify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end tl1atthe Agency may proceed as soon as possible with the project.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment wi/l be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounling principles and approved by t~e
Department. The Agency further agrees to maintain the project facililies and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18,.when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except Its replacement with like facility or equipment for pUblic transportation use, the
Agency will comply with lhe terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amounl shall be determined on (he basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To (he extenlprovided by law, the Agency shall indemnify, defend, and hold
harmlesslhe Department and all of Ils officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense ariSing out of any act, error, omission, or negligent act by the A.gency, Its agents, or employees, during Ihe
performance of the Agreement. except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act. error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives B notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement, the Department will immediately forwaTd the claim to the
Agency. The Agency and the Department will evaluale the claim and report their findings to each other within fourteen
(14) working days and will joinlly discuss options in defending the claim. After reviewing the claim, the Department will
delermine whether to require the participation of the Agency in the defense of the claim or to require thatlhe Agency
defend the Department in such claim as described in this section. The Department's failure to promptly nolify the: Agency
of a claim shall not acl as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay Its own expenses for the evaluation. settlement negotiations, and trial. if
any. However, if only one parly participates in the defense of the claim atlrial, that party is responsible for all expenses
atlrial. .
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency wrillen approval with any approved portions of the project and comments or recommendations conceming any
Temainder of the projecl deemed appropriate. After resolution of lhese comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency wrillen approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
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16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to Ihe final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on th~ Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the inte.nded
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under Ihis Agreement is conlingenl upon'an
annual appropriation by the Legislature.
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I'UDlIC llV\IISPonT^"1lON
05107
"000 12 0114
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department,
during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms involves
Ihe expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and voId, and no money may be paid on such
contract. The Department shall require a statementlrom the comptroller of the Deparlmentthat funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent !he
making of contracts for periOdS exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are lor an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
12/31/2012 . If the Agency does not complete the project within this time period, this Agr~ement
will expire unless an exlension of the lime period is requested by the Agency and granted in writing by the
District Secretary or HislHer Designee . Expiration of this Agreemenl will be considered lermination
of the project and tho procedure established in Section 9.00 of this Agreement shall be inlliated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time periOd will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
.include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two'
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
2~ .10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or allempting 10 influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
. connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan. the
entering into of any coqperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds olher than federal appropriated funds have been paid by the Agency to any person for influencing or
allempling to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress In connection with this Joint Participation Agreement, the .
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
liers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipienls shall certify and disclose accordingly. .
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature .or a 'State
agency.
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22.00 Vendors Rights: Venders (in this document identified as Agency) providing goods and services to the
Department should be aware of the fo.lIowing time frames. Upen receipt, the Department has five (5) worldng days to
inspect and appro.ve the goods and services unless the bid specifications, purchase order ar contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department af Financial Services. The 20
days are measured fro.m the lalter af the dale the invoice is received or the gaads or services are received. insp~cted
and appro.ved.
If a payment is not available within 40 days after receipt of Ihe invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in additian
to. the invo.ice amount to the Agency. The Interest penalty provision applies after a 35 day time period to. health care
providers, as defined by rule. Interest penalties o.f less than one (1) doHar will not be enforced unless the Agency
requesls payment. Invo.ices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a pro.perly completed invo.ice is provid~d to. the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties o.f this individual
include acting as an advecate far Agencies who. may be experiencing problems in o.btaining timely payment{s) from the
Deparlment. The Vender Ombudsman may be contacted at (BSO) 413.5516 ar by calling the Departmenl af
Financial Services Hotline, 677-693-5236.
23.00 Public Entity Crime: A person or affifiate who has been placed on the co.nvicted vendor list following a
conviction fer a public entity crime may net submit a bid on a contract to provide any goo.ds ar services to a public entity,
may net submit a bid on a contract with a public entily fer the construction or repair of a public building or pUblic work,
may not submit bids on leases of real property 10 a public entity, may not be awaTded or perform wo.rk as a co.ntractor,
supplier, subcontractor, or consultant under a contract with any publiC entity, and may net transact business with any
public enlily in excess of the thresho.ld amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendo.r list.
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24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may npt submit
a bid on a contract to. provide any goods or services to a public enlity, may not submit a bid on a contract with a public
entity fo.r the construction or repair of a public building or public worn, may not submit bids o.n leases o.f real pro.perty to. a
public entity. may not be awarded or perform worl( as a contractor. supplier. subcontractor, or consultant under a contract
wilh any public entity, and may not transact business wilh any public enlily. -
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PilDIJC mo\NSPORlATIOll
DClD7
P'oc 14 clI4
Financial Project No.
Contract No.
420353-1-94-(11
-'-'-.-'- .... -..... -" .-
. APF60
Agreement Date
'J&" L ~tf; a.~fPt
IN WITNESS WHEREOF, the parties bereto have caused these presents be executed, the day and year flrsl above written.
AGENCY
Collier County, BCe
AGENCY NAME
~4.~
SIGNATURE
Chairman
TITLE
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FDOT
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. OEPARTMENT OF TMNSPO~TA TION
Direc(o)" of"Transportation Developmenl
Tiii:E-----.-----....,-.---.--.,..---
"
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I EXIITBIT "A"
~ROJECT DESCRIPTION AND RESPONSIBILITIES
4/26/2011 Item 16.A.8.
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Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intermodal Hub
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This exhibit lforrns an integral part of that certain Joint Participation Agreement between
the S~te. of Florida,! Depar~ent. of ~ransportatio~ and the Collier County Board of County
Commissioners. 330], East Talmaml Trail, Naoles. Flonda34] 12, dated JU 1')4-' a ~I ::LII6 ~
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PROJECT LOCATiON:
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Property located at fhe Government Center in Collier County, Florida.
~ROJECT DESCRiPTION: To provide for the Depart~ent's participation in the Agency's
eligible costs relate~ to the planning, design, site development, and/or construction expenses of a
transit intermodal transfer center for the Collier Area Transit on property located. a~ the
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Government Centen
ELIGIBLE PROJE1T PERIOD: The eligible project period for this Agreement is its date of
execution as stated \n this Agreement and in this Exhibit, through the expiration date.of this
Agreement, as statefi in this Agreement. .
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SPECIAL CONSIDIERA TIONS BY AGENCY:
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The audit rep'ort(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assisqance that will reflect the Department's fiscal year of award, contract number,
Financial Pr~ject Number, Catalog of State Financial Assistance title and number, and the
Catalog of Federal Domestic Assistance title and number, where applicable, and the
amount ofs~te funding action (receipt and disbursement offunds) and any federal or local
funding actiqn and the funding action from any other source with .respect to the p~oject.
Project relatJd issues in which the contract documents allow for alternates or options and
require deci~ions which directly and significantly affect the quality or function: of the
project and are not expressly addressed in the contract documents, must be approved by the
Department. I
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The Agency I shall provide a presentation sign to inform the public of the project. The
design and lfation of the sign shall be approved by the Department prior to advertising the
project for b,ds. The sign s~all be erected prior to the start of project construction and
remain in pl4ce until project completion.
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1.
2.
3.
Exhibit A, Page 1 of 3
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4/26/2011 Item 16.A.8.
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SPECIAL CONSID RATIONS BY DEPARTMENT:
I. When nece sary. the Agency may provide written requests for minor changes or
amendments to the services provided by this agreement. The Department will provide
written resp nses to all such requests. A minor change or amendment is defined as a non-
material ch ge to the agreement. As a rule, it will be limited to operational items nol
having' an i act on the scope or budget of the agreement, notwithstanding Section "h)" in
"Miscellane us Provisions" in this Exhibit A.
2. . If applicable the eligible project period identified in the Project Description shown above,
may be exte ded by letter from the Department upon a written request from the Agency.
3. Special Prov sions for Disposal of Facility or Cessation of Utilization
a.) The gency agrees that the facility in which the Department is participating through
fundi g provided in this agreement will have a useful life term of 20 years from the
date t e facility is first placed in operation.
b.) It is cognized that should the facility be located on property not owned by the
agen y, it may not provide a useful life of typical length for the project facility. Prior
to dis ursement of Department funds for any costson the project, the Agency shall
prod ce a Capital Depreciation Schedule for Depaliment review and approval. The
sched Ie shall be based on a twenty year useful life for the project and shall identify
repay ent values calculated by straight-line depreciation over the twenty year period. .
c.) In th event that the project cannot remain on site or be utilized for its intended
purp se, the Agency shall provide funding for a facility or proj ect of similar purpose,
subje t to Department approval, within the operating area of the agency for public
trans ortation use in an an10unt equal to that identified in the schedule, based on the
remai ing useful life at that time. Such funding shall not consist of nor include any
state ds. Alternately, the Agency shall have the option to reimburse this amount to
the D partment.
MISCELLANEOU PROVISIONS:
Projects off of the ate Highway System shall comply with:
a) Section 2 7.055, F.S. Consultants' Competitive Negotiations Act.
b) FDOT P oject Development and Environmental Manual.
Exhibit A, Page 2 of 3
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4/26/2011 Item 16.A.8.
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c).
Manual f Uniform Minimum Standards for Design, Construction and Maintenance for
Streets a d Highways, State of Florida, 1994 Edition, Green Book.
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d) Manual n Uniform Traffic Control Devices, 1988 Edition.
e) Florida tatutes regulating ,acquisition of right-of-way for transportation facilities,
includin , but not limited to Chapters 73, 74, 287, 336, 337, and 339 F.S.
f) Title 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part 1, Section 1.23
and Sub hapter H, Part 710, Subparts il, C & D, as applicable~
g) Anyand II updated versions of items identified in "a)" through "f)," inclusive, above.
h) The De artment and the Agency concur to explore through discussions at. a date
subsequ nt to the effective date of this Agreement, the inclusion of an Agency in-kind
contribu ion to this Agreement in relation to the Fiscal Years 2008/09,2009/10, and,
2010/11 epartment funds in this Agreement.
i) The Age cy shall comply with all state and federal rules and regulations dur:ing the
design a d construction phases of the lntermodal Transfer Station in Collier County.
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Exhibit A, Page 3 of 3
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Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center lntermodal Hub
EXHIBIT fiB"
PROJECT BUDGET
This exhibit forms an ntegral part of that certain Joint Participation Agreement betwecn the Slate of
Florida, Department 0 Transportation and the Collier County Board of Co un tv Commissioners. 3301
East Tam iami Trail. a les Florida 34112 dated ~ 1\ L {j.Ct I :J./)f) 9.
I.
$2,600,000.00 .
$2,600,000.00 .
TOT L PROJECT COST:
II.
Maxi urn Federal Participation
FTA, FAA
Agen y Participation
In- ind'"
Cas
Oth r**
(N/A%) or $0.00
(11 %) .108077 ($281 ,OOO.O~
(0%) . $fU
(39%)' .391923 <:!LO 19,OOO.OO:=,::>
Maxi urn Department Participation,
Pri ary
(OS (DDR)(DIM)(PORT)
Fed rat Reimbursable (DU)(FRA)(DFTA)
Loc'l Reimbursable (DL)
(50%) or
(N/A%)or
(N/A%)or
$1,300,000.00
$ 0.00
$ 0.00
TOT L PROJECT COST
$ 2,600,000.00
. III. MUL I-YEAR OR PREQUALlFIED PROJECT FUNDING
Ifpro ect is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this
agree ent, funds are programmed in the Department's Work Program in the following fiscal
year( ):
2008/09 $ 134,400.00 lntennodal Program funding
2009/10 $ 864,000.00 lntermodal Program funding
2010/11 $ 301,600.00 lntermodal Program funding
Total:' $1,300,000.00
Project years I ay be advanced or deferred subject to Legislative appropriation or availability offunds.
"'In-kind: - County's cilities personnel and Alternative Transportation Modes (A TM) administrative time
through the procurem nt, design, and construction phases of the project. .
"''''Other - real propert value.
Exhibit B, Page I of]
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Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intermodal Hub
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4/26/2011 Item 16.A.8.
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EXHIBIT C
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This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Depar I ent of Transportation and the Collier Co~ntv Board of County Commis~ioners.
3301 East Tamiami Trail. a les.Florida34112,datcd ;:J"lJ/\'-. ~tJtl M"'Dq
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REQUmkD SUBMITT ALSICERTIFICATIONSI
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I_ COORDINA nON AND BASIS FOR THEI~
. t ACCEPTANCEBYTHEDEPARTMENTFOR
ROJECTS OFF THE STA TE HIGHWAY SYSTEM _
AGENCY CER IFICATION IN LIEU OF PLANS AND SPECIFICATIONS REVIEW BY
DEP ARTMENlt
Joint particiPatior' Agreement Paragraph 15.00, "Plans and Specifications", is hereby ~odified to
read: -. J . ,
"In the event tha this Agreement involves the purchasing of capital equipment or the constructing
and equipping 0 . facilities, the Agency shaU submit to the Department for approval aU appropriate
plans, specificati~ns, and contract documents covering the project. The Registered Professional'
Engineer of the fi.gency or their Consultant Engineering Firm shall certify in writing that the plans,
specifications, aqd contract documents were developed in compliance with the below referenced
"DESIGN DEV~LOPMENT CRITERIA". The Department shall review the certification and, if
deemed accepta Ie, provide official written approval of the plans, specifications, and contract
documents, Fail re to obtain this written approval shall be sufficient cause for nonpay~ent by the
Department as prpvided in paragraph 8.23. Receipt of such approval shall not relieve the agency of
the responsibilitylfor obtaining Depamnenrreview and written approval for all third party contracts
as specified in p~ragraph 12.10." .
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DESIGN DEVErOP~ENT CRITERIA
-The plans, spe~ficatjons, construction contract documents, and any and all other similar
engineering, con~truction, and contractual documents produced by the Engineer for the project are
hereinafter col!eqtively referred to as "plans" in this Exhibit.
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Plans shall be d eloped in accordance with sound engineering principles and applicable design
criteria, arid wit generally accepted professional standards. Development of t~e plans shall also
comply with all pplicable laws, ordinances, zoning and permitting requirements, public notice
requirements, an other similar regulations that apply to the scope and location of the project.
Plans shall be c nsistent with the intent of the project as defined in the Joint Participation
Agreement, Sect on 1.00, "Purpose of Agreement", and Exhibit" A>> of this Agreement.
III.
SUBMI TALS
CERTIFICA TION COORDINATION
BASIS OF ACCEPTANCE
A. CONSULTANT ELECTION
Certification by the Agency's Attorney
of compliance' with Section 287.055
Florida Statutes "Consultants'
Competitive Negotiations Act"
is required prior to executing the .
consultant agreement, as applicable.
B. PRELIMINARY ENGINEERING.
1..
Enviro
2.
Design
ntal Assessment/Permits
Certification from the Agency's
Registered Professional Engineer
of compliance with the requirements
. of all Environmental Permitting
Agencies, as applicable.
Certification of Compliance with
Department Criteria and Policy
is required from the Agency's Registered
Professional Engineer, as applicable.
Certification by the Agency's
Registered Professional Engineer of
'compliance wiLh criteria and policy
is required, as applicable.
2
Exhibit C
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C.
CONSTRUCTI N
1.
Pre-Cons ruction
2.
Construc ion
3.
Post-Con truction
IV. THIRDPART CONTRACTS
4/26/2011 Item 16.A.8.
The Agency shall provide to the
Department one (1) set of the design
plans, specifications and documents
certified by the Agency's Registered
Professional Engineer, as applicable.
Certification of compliance with
criteria and policies is required from
the Agency I s Registered Professional
Engineer, as applicable.
The Agency shall provide to the
Department certification by the
Agency's Registered Professional
Engineer of compliance with the .
design plans, specifications,
environmental permits, documents and
the criteria and policy as applicable
The Department ust approve third party contracts pursuant to Paragraph 12.00 except that written
approval is here granted for:
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A Execution of contracts for materials from a valid state or intergovernmental
co tract. Such materials must be included in the Department approved project scope
an lor quantities.
B.1 Other contracts less than $25.000.00 excluding engineering consultant
setvices and construction contracts. Such services and/or materials must be included
in ithe Department approved project scope and/or quantities.
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. C.j Construction change orders less than $25,000.00. Change orders must be
fu~ly executed prior to performance of work.
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REQUESTS FOll REIMBURSEMENT (INVOICE SUBMITTALS) IN ACCORDANCE WITH
. SECTION 215.422 FLORIDA STATUTES AND THE REQUIREMENT OF PARAGRAPH
22.00 OF THIS IAGREEMENT: . .
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1. Required ~ubmittal Time
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The AgeJCy must submit the final invoice on this project to the Department within one
hundred ~enty (120) days after the expiration date of the Joint Participation Agreement.
Invoices ~ubmittcd after the 120 day time period will not be paid.
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Required ~ubmittal Format
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The Age~cy shall submit invoices on fonns provided by the Department and prepared in
accordanqe with instructions given by the Department. Back-up documentation will include
the apprOfriate items necessary to verify costs incurred and the eligibility of said costs.
Approval 10f Submittal
Goods or! services received under this agreement shall be approved/disapproved by the
Departmeht no later than five (5) working days after receipt, by the District Modal
Develop~ent Office, of a properly prepared and submitted invoice. Should the invoice be
incornple$ or incorrect, the Department shall inform the Agency within five (5) working
days of rebeipt and return the invoice for corrections.
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VI. SAFgTY REQUmEMENTS
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Bus Tran~it s.ystem - In accordance with Florida Statute 341.061, and Rule Chapter 14-90.
Florida A~ministrative Code, the Agency shall submit, and the Department s~al1 have on
file, an $ual safely certification that the Agency has adopted and is complying with its
adopted S~stem Safety ProgralnPlan.pursuant to Rule Chapter 14-90 and has performed
annual sa~ety inspections of all buses operated.
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VII. REQUIRED SVl3MITTALS
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3.
RESPONSIBILITY
Agency
Agency
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Exhibit C
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4/26/2011 Item 16.A.8.
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Speci fications
Agency
Invoices
Agency
Audit Reports
Agency Annually During
Life of Project
Projecl Progress Repofts
(In Department approv~d format)
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Agency with Invoices
Life of Project
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4/26/2011 Item 16.A.8.
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center lntermodal Hub
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EXHIBIT D
STATE AGENCY: FDOT
CSFA #: 55.014
TITLE: State InteIjmodal Development program
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AMOUNT: $ 1,300~OOO.OO
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COMPLIANCE RE1QUIREMENTS:
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Allowed Activities: I
Planning, design, sit~ development, and/or construction expenses of a transit intermodal transfer .
center for the Collier! Area Transit on property located at the Government Center. .
Allowable Cost:
See above.
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341.053(6) F.S. Proj~cts that are eligible for funding under this program include major capital
investments in publiq rail and fixed-guideway transportation facilities and systems which provide
intermodal access; r~ad, rail, intercity bus service, or fixed-guideway access to, from, or between
seaports, airports, an~ other transportation terminals; construction of intermodal or multimodal
terminals; developm~nt and construction of dedicated bus lanes; and projects which otherwise
facilitate the intermotlal or multimodal movement of people and goods. i
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Matchin!!:! ". ..,
The percentage ofmttching funds provided from the State Intermodal Development program
shall be 50percent of project costs. ':
Eli!!ibilitv:
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