Backup Documents 07/10/2018 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP6 1•� n
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO a✓
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 fomarded 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
I.
2.
3. County Attorney Office County Attorney Office (\ r, . - I r0 I I g
4. BCC Office Board of County Commissioners V\ t�lJ ' t
1 \,, ,
5. Minutes and Records Clerk of Court's OfficeV 12 1 s (2%.(g
PRIMARY CONTACT INFORMATION 11
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 Dept)
Agenda Date item was 07-10-2018 Agenda Item Number , 16 D(10)(#6045)
Approved by the BCC
Type of Document CTD Local Administrative Support Grant Number of Original (1)CTD Local Admin.
Attached Agreement,Original Application&Resolution Documents Attached Support Grant Agreement,
& BCC MPO Support Agreement (1)Original Application&
020 Ig_a-/ (1)Resolution&(1)BCC
MPO Support Agreement
PO number or account
number if document is to SEE ATTACHED MEMO
be recorded
Special instructions: email a copy to ;joshuathomas.a colliergov.nct &tessiesi1lei wincolliergov.net
See Attached Memo and if any questions, please call Josh at 239-252-8989.
INSTRUCTIONS&CHECKLIST
initial the Yes column or mark"N/A"in the Not Ap licable column,whichever is appropriate. Yes N/A(Not
(Initial) Applicable)
1. Does the document require the chairma ' origina i i ure?
2. Does the document need to be sent to another agency for additional signatures? If yes,provide
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
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 N If;
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
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 `�
and initials are required. V
7. In most cases(some contracts are an exception),the original document and this routing slip ��
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 07-10-2018 and all changes made during then N/A is not an
meeting have been incorporated in the attached document. The County Attorney's Office ry"""„ option for
has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the BCC,all N/A is not an
changes directed by the BCC have been made,and the document is ready for the Chairman's G (� option for
signature. v► this line.
' 'SN,c\L i
� 'mac %.3 `---- ) hod tsAc‘ - Qt7-,- -<-,\c-,.. 5tc\e
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16010
Coe
r County
PUBLIC SERVICES DIVISION
PUBLIC TRANSIT & NEIGHBORHOOD ENHANCEMENT
INTEROFFICE MEMORANDUM
TO: Minutes and Records
DATE: July 10, 2018
FROM: Joshua Thomas, Grants Support Specialist
SUBJECT: FY18-19 CTD Administrative Support Agreement Mailing Instructions
1. Please mail to the Florida Commission for the Transportation Disadvantaged
2 certified originals of the attached Local Administrative Support grant
agreement and 1 certified original application and resolution signed by the
chairman as soon as possible to the address below via FedEx (Account
#952661159). Provide the PTNE division with a scanned copy.
2. Please return one certified original BCC MPO Support Agreement to PTNE
once the Chairman has signed the agreement. z** k rn�\;udll„ — c..D‘\\, .
\,evIc �
Mailing address: Florida Commission for the Transportation Disadvantaged
Mr. Daniel Zeruto, Area 3 Project Manager
Mail Station 49
605 Suwannee Street
Tallahassee, FL 32399-0450
If you have any questions please let me know.
Sincerely,
Joshua Thomas
- 1 6 0 1 0
County of'Collier
CLERK OF THE CIR CU TCOURT
COLLIER COUNTY C URTHOLUSE
Crystal K. Kinzel-Clerkof Circuit Court
3315 TAMIAMI TRL E STE 102 Y.r I
NAPLES,FL 34112-5324 _/. P.O. BOX 413044
I' NAPLES,FL 34101-3044
Clerk of Courts • Comptroller • Auditor • Custodian of County Funds
July 12, 2018
Florida Commission for the Transportation Disadvantaged
Attn: Daniel Zeruto
Area 3 Project Manager
Mail Station 49605 Suwannee Street
Tallahassee, Florida 32399-0450
Re: FY 18-19 CTD Administrative Support Agreement
Transmitted herewith are one (1) certified application, one (1) certified resolution
and two (2) certified agreements of the above referenced document for further
signatures per your request, as approved/adopted by the Collier County Board of
County Commissioners of Collier County, Florida on Tuesday, July 10, 2018,
during Regular Session.
Please forward a fully executed original to our office for the Boards Official Records.
An envelope has been provided for your convienence.
Very truly yours,
CRYSTAL K. KINZEL, INTERIM CLERK
----)6/.--2,,-irej,tc_i -"---
/,
Martha Vergara, Deputsy Clerk
Enclosure
Phone- (239) 252-2646 Fax- (239) 252-2755-
Website- www.CollierClerk.com Email-CollierClerk@collierclerk.com
1 6 0 1 0
RESOLUTION NO. 2018-121
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S
APPROVAL OF ENTERING INTO A TRANSPORTATION
DISADVANTAGED LOCAL PROGRAM ADMINISTRATIVE SUPPORT
GRANT AGREEMENT WITH THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED FOR STATE FUNDING IN THE
AMOUNT OF $26,962, 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 July 10, 2018 meeting of the Board of County Commissioners the
Board by majority vote approved a Transportation Disadvantaged Local Program Administrative
Support Grant Agreement(the "Agreement") with the Florida Commission for the Transportation
Disadvantaged ("FCTD") for State FCTD funding in the amount of$26,962 and authorized the
Board of County Commissioners, through its Chairman, to enter into the Agreement with the
FCTD; and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing and
confirming the Board's 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 July 10,2018 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.
3. The Board's Registered Agent in Florida is Jeffery A. Klatzkow,the County Attorney. The
Registered Agent's address is 3299 Tamiami Trail East Naples, FL 34112
16010
This Resolution adopted this 10th day of July, 2018 after motion, second and majority vote in favor
of passage.
ATTEST: BOARD OF COUNTY COMMISSIONERS,
CRYSTAL K. KINZEL, INTERIM COLLIER COUNTY
CLERKOrie
' • By: jai ,A�
L DEPUTY C fril* ANDY S• dT., CHAIRMAN
Attest as to Chairman's-
signature only.
Approved for form and legality:
Jennifer A. Belpe•i
Assistant County Att. ey
C9-
16010
SAMAS Approp 108846 Fund TDTF FM/Job No(s) 43202718401
SAMAS Obj 751000 Function 683 CSFA No. 55.001
Org. Code 55120000952 Contract No Vendor No. 59-6000558
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
LOCAL PROGRAM ADMINISTRATIVE SUPPORT AGREEMENT
THIS AGREEMENT, effective as of the 1st day of July 2018 (the "Effective Date"), 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 carry out responsibilities
of the Commission which includes local program administrative support functions and other
responsibilities identified in Chapter 427, Florida Statutes, or rules thereof;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide financial assistance to
accomplish local program administrative support duties and responsibilities as set forth in Chapter 427,
Florida Statutes, Rule 41-2, Florida Administrative Code, and as further described in this Agreement
and in Exhibit(s) A, B, C, attached hereto and by this reference made a part hereof, hereinafter
called the Project; 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.
The Coordinator shall accomplish such duties and responsibilities through an agreement with the
Commission's approved Designated Official Planning Agency for its respective service area.
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 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 Coordinator to enter into this Agreement or to undertake the Project hereunder, or to
observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so
requisite.
2.20 Funds of the Commission: The Commission will compensate the Grantee upon receipt
and approval of said deliverables, not to exceed the estimated project cost as further defined
herein.
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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 and 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 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.
3.00 Total Project Cost: The total estimated cost of the Project is $ 26,962.00. This amount is based
upon the budget summarized in Exhibit B and by this reference made a part hereof. The Grantee
agrees to bear 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, in the Project
in the amount of $ 26,962.00 as detailed in Exhibit B.
4.10 Eligible Costs: Grant Funds, derived exclusively from the Transportation Disadvantaged
Trust Fund, may only be used by the Commission and the Grantee to undertake local program
administrative support activities, as defined in Exhibit A.
4.20 Eligible Project Expenditures: Project expenditures eligible for State participation will be
allowed only from the date of this Agreement. It is understood that State participation in eligible
project costs is subject to:
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Section 12.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available; and
d) Submission of all certifications, invoices, detailed supporting documents or other
obligating documents and all other terms of this agreement.
4.30 Front End Funding 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. This is a lump sum — percent complete grant to accomplish the tasks identified in the
law, rule, and the grant. It is not subject to adjustment due to the actual cost experience of the
recipient in the performance of the grant agreement. The amount paid is based on the weighted
value of the tasks and deliverables listed in Exhibits A and B that have been accomplished for the
invoiced period. Prior to payment, the tasks performed and deliverables are subject to review
and acceptance by the Commission. The criteria for acceptance of completed tasks and
deliverables are based on the most recent regulations, guidelines or directives related to the
particular task and deliverable.
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5.20 Schedule of Disbursements: The Grantee shall be paid on a quarterly basis based on
the satisfactory performance of each task detailed in Exhibit A.
6.00 Accounting Records and Audits:
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 financing program, either separate accounts to
be maintained within its existing accounting system, or establish independent accounts. Such
financing accounts are referred to herein collectively as the "Project Account". The Project
Account, and detailed documentation supporting the Project Account, must be made available
upon request, without cost, to the Commission any time during the period of the Agreement and
for five years after final payment is made or if any audit has been initiated and audit findings have
not been resolved at the end of five years, the records shall be retained until resolution of the
audit findings.
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 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 all
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
6.40 Documentation of Project Deliverables: The Grantee shall provide sufficient detailed
documentation for each deliverable to allow an audit trail to ensure that the tasks accomplished
or deliverables completed in acceptable form to the Commission were those which were promised.
The documentation must be sufficiently detailed to comply with the laws and policies of the
Department of Financial Services.
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 Grantees existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
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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 State 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:
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.
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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 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.
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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, deliverables, records; and
to audit the books, records and accounts pertaining to the financing and development of the
Project at all reasonable times including upon completion of the Project, and without notice.
7.00 Compensation and Payments: In order to obtain any Commission funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged, 605 Suwannee
Street, Mail Station 49, Tallahassee, Florida, 32399-0450 its invoice on form or forms prescribed
by the Commission, and such other data and deliverables pertaining to the Project as listed in
Exhibit A hereof, as the Commission may require, to justify and support the invoices as specified
in the Commission's Grant Agreement/Contract 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: Payment shall not be made to the Grantee unless tasks have been
completed and back up documentation as requested is provided to the Commission. The project
must be completed 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 if:
7.21 Misrepresentation: The Grantee has made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, with respect to any document of
data or certification furnished therewith or pursuant hereto;
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
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;
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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 Agreement and has been unable to resolve compliance issues once
notified by 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 Invoices for Deliverables: Invoices for deliverables pursuant to this Agreement shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the
Commission detailed supporting documentation with the invoice or request for project funds will
be cause for the Commission to refuse to pay the amount claimed by the Grantee until the
Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules
41-2, 60A-1, and 69, Florida Administrative Code, is met. The Commission shall pay the Grantee
for the satisfactory performance of each task as outlined in Exhibit A on a quarterly basis.
7.40 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within sixty (60) days to the Commission. Offsetting any amount pursuant
to this section shall not be considered a breach of contract by the Commission.
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 7.20 hereof, or for any other reason, the commencement, prosecution, or timely
completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal,
the Commission may, by written notice to the Grantee, suspend any or all of its obligations under
this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected, or the Commission may terminate any or all of its 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,
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16010
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: The Commission reserves the right to unilaterally cancel this Agreement
for failure by the Grantee to comply with the Public Records provisions of Chapter 119, Florida
Statutes.
9.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
9.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the
Grantee shall not discriminate against any employee or applicant for employment because of race,
age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include,
but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Grantee shall insert the foregoing
provision modified only to show the particular contractual relationship in all its contracts in
connection with the development of operation of the Project, except contracts for the standard
commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Grantee shall post, in conspicuous places available to employees and applicants
for employment for Project work, notices setting forth the provisions of the nondiscrimination
clause.
9.20 Title VI - Civil Rights Act of 1964: The Grantee will comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice, and the
assurance by the Agency pursuant thereto.
9.30 Prohibited Interests:
9.31 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.
9.32 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
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to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
9.33 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.
9.34 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 about any
contract for contractual services which was within his or her responsibility while an employee.
9.35 Former Employees - Consulting Services: The sum of money paid to a former
employee of the Grantee during the first year after the cessation of his or her responsibilities,
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual
salary received on the date of cessation of his or her responsibilities. The provisions of this
section may be waived by the Grantee for a particular contract if the Grantee determines,
and the Commission approves, that such waiver will result in significant time or cost savings
for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
9.40 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
disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be
used to rent, lease or barter any real property that is not accessible to persons with disabilities
nor shall any meeting be held in any facility unless the facility is accessible to persons with
disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as
it may be amended from time to time.
9.50 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.
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The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes,
which is incorporated by reference into this Agreement.
9.60 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.
9.70 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.
10.00 Miscellaneous Provisions:
10.10 Environmental Pollution: Not applicable.
10.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
10.30 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.
10.40 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
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shall not be affected. In such an instance, the remainder would then continue to conform to the
terms and requirements of applicable law.
10.50 Bonus and Commissions: By execution of the Grant, 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.
10.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State law: Provided, that if any of the provisions of the Agreement
violate any applicable State law, the Grantee will at once notify the Commission in writing in order
that appropriate changes and modifications may be made by the Commission and the Agency to
the end that the Grantee may proceed as soon as possible with the Project.
10.70 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.
11.00 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
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."
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12.00 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, 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.
13.00 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 Section, completion of
project is defined as the latest date by which all required tasks have been completed, as provided in
the project description defined in Exhibit A. Unless otherwise extended by the Commission, all
reimbursement invoices must be received by the Commission no later than August 15, 2019.
14.00 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.
15.00 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.
16.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee)
providing goods and services to the Commission will receive payments in accordance with Section
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
hereby agree that the time in which the Commission is required to approve and inspect goods and
services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice.
The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to
the Department of Financial Services. The twenty (20) days are measured from the latter of the date
the invoice is received or the goods or services are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection
and approval of goods and services, a separate interest penalty at a rate as established pursuant to
Section 55.03(1), Florida Statutes will be due and payable, in addition to the invoice amount to the
Grantee. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests
payment. Invoices that have to be returned to a Grantee because of Grantee 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.
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17.00 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/agreement from the Grantee to a subcontractor for goods or services to be performed in whole
or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following
statement:
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts
subject to the provisions of chapter 339, the contractor shall pay such moneys received
to each subcontractor and supplier in proportion to the percentage of work completed by
each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, then the contractor shall be required to disburse only the
funds received on a pro rata basis with the contractor, subcontractors, and suppliers,
each receiving a prorated portion based on the amount due on the payment. If the
contractor without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within 7 working days after the receipt by the contractor of
full or partial payment, the contractor shall pay to the subcontractors and suppliers a
penalty in the amount of one-half of 1 percent of the amount due, per day, from the
expiration of the period allowed herein for payment. Such penalty shall be in addition to
actual payments owed and shall not exceed 15 percent of the outstanding balance due.
In addition to other fines or penalties, a person found not in compliance with any provision
of this subsection may be ordered by the court to make restitution for attorney's fees and
all related costs to the aggrieved party or the Department of Legal Affairs when it provides
legal 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.
18.00 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
CONTRACT NO.
AGREEMENT July 1, 2018
EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of, though not
necessarily executed on, the Effective Date.
GRANTEE: COLLIER COUNTY BOARD OF COMMISSION FOR THE TRANSPORTATION
COUNTY COMMISSIONERS DISADVANTAGED
BY: ,.—A1141 I 1�% BY:
'yr ip
TITLE: C—VvitrM A Ni TITLE: Executive Director(Commission Designee)
ATTEST' Approved as to form and legality
CRYSTAttK•KINZET Y
ANTE Ni4it. _ U1,1
By: MA Assistant County Attur `b
Attest as to Chairman's
`-a
signature onlyCo
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FM/JOB No(s). 43202718401
CONTRACT NO.
AGREEMENT July 1, 2018
EFFECTIVE DATE
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES:
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.
I. PROJECT LOCATION: Collier County(ies)
II. PROJECT DESCRIPTION: This project provides for the accomplishment of the local program
administrative support duties and responsibilities as set forth in Chapter 427, Florida Statutes, Rule 41-
2, Florida Administrative Code. The Grantee shall accomplish such duties and responsibilities through
an agreement with the Commission's approved Designated Official Planning Agency for its respective
service area. The project period will begin on the date of this agreement and will end on the date
indicated in Section 13.00 hereof. Specific required tasks are as follows:
TASK 1: Weighted value = 17%
Jointly develop and annually update the Transportation Disadvantaged Service Plan (TDSP) with the
community transportation coordinator (CTC) and the Local Coordinating Board (LCB).
Deliverable: Complete initial TDSP or annual updates. Must be approved by the LCB no later than
June 30th of the current grant cycle.
TASK 2: Weighted value = 48%
Organize and provide staff support and related resources for at least four (4) LCB meetings per year,
holding one meeting during each quarter. Exceptions to reschedule meeting(s) outside of a quarter
due to the imminent threat of a natural disaster may be granted by the Commission.
Provide staff support for committees of the LCB.
Provide program orientation and training for newly appointed LCB members.
Provide public notice of LCB meetings in accordance with the most recent LCB and Planning Agency
Operating Guidelines.
LCB meetings will be held in accordance with the Commission's most recent LCB and Planning Agency
Operating Guidelines and will include at least the following:
1. Agendas for LCB meetings. Agenda should include action items, informational items and an
opportunity for public comment.
2. Official minutes of LCB meetings and committee meetings (regardless of a quorum). A copy will
be submitted along with the quarterly report to the Commission. Minutes will at least be in the
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form of a brief summary of basic points, discussions, decisions, and recommendations. Records
of all meetings shall be kept for at least five years.
3. A current full and active membership of voting and non-voting members to the LCB. Any time
there is a change in the membership, provide the Commission with a current membership roster
and mailing list of LCB members.
4. A report of the LCB membership's attendance at the LCB meeting held during this grant period.
This would not include committee meetings.
Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; training
notification.
TASK 3: Weighted value = 5%
Provide at least one public workshop annually by each LCB, and assist the Commission, as requested,
in co-sponsoring public workshops. This public workshop must be held separately from the LCB
meeting. It may, however, be held on the same day as the scheduled LCB meeting. It could be held
immediately following or prior to the LCB meeting.
Deliverable: Public workshop agenda and minutes of related workshop only. The agenda and
minutes must be separate documents and cannot be included in the LCB meeting agenda and minutes,
if held on the same day. Minutes may reflect"no comments received" if none were made.
TASK 4: Weighted value = 5%
Develop and annually update by-laws for LCB approval.
Deliverable: Copy of LCB approved by-laws with date of update noted on cover page and signature
of LCB Chair or designee.
TASK 5: Weighted value = 5%
Develop, annually update, and implement LCB grievance procedures in accordance with the
Commission's most recent LCB and Planning Agency Operating Guidelines. Procedures shall include a
step within the local complaint and/or grievance procedure that advises a dissatisfied person about the
Commission's Ombudsman Program.
Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page.
TASK 6: Weighted value = 5%
Review and comment on the Annual Operating Report (AOR) for submittal to the LCB, and forward
comments/concerns to the Commission.
Deliverable: Cover Page of AOR, signed by CTC representative and LCB Chair.
TASK 7: Weighted value = 5%
Research and complete the Actual Expenditures Report (AER) for direct federal and local government
transportation funds to the Commission no later than September 15th. Complete the AER, using the
Commission approved form.
Deliverable: Completed AER in accordance with the most recent Commission's AER instructions.
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TASK 8: Weighted value = 5%
Complete quarterly progress reports addressing local program administrative support accomplishments
for the local transportation disadvantaged program as well as grant deliverables; including but not
limited to, consultant contracts, special studies, and marketing efforts.
Deliverable: Complete Quarterly Progress Reports submitted with invoices. Quarterly Report must
be signed by planning agency representative. Electronic signatures are acceptable.
TASK 9: Weighted value = 5%
Planning agency staff shall attend at least one Commission sponsored training, including but not limited
to, the Commission's regional meetings or annual training workshop.
Deliverable: Documentation related to attendance at such event(s); including but not limited to sign
in sheets.
III. Special Considerations by Agency:
Not Applicable
IV. Special Considerations by Commission:
Not Applicable
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FM/JOB No(s). 43202718401
CONTRACT NO.
AGREEMENT July 1, 2018
EFFECTIVE DATE
EXHIBIT B
PROJECT BUDGET AND CASHFLOW
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299 Tamiami
Trail, Suite #700, Naples, Florida, 34112.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible deliverables as indicated by Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code. For the required services, compensation shall be the
total maximum limiting amount of $26,962.00 for related program administrative support services in
Collier County(ies)
Task 1 17% $4,583.54
Task 2 48% $12,941.76
Task 3 5% $1,348.10
Task 4 5% $1,348.10
Task 5 5% $1,348.10
Task 6 5% $1,348.10
Task 7 5% $1,348.10
Task 8 5% $1,348.10
Task 9 5% $1,348.10
TOTAL: 100% $26,962.00
II. SOURCE OF FUNDS
Commission for the Transportation Disadvantaged
State Funds (100%) $26,962.00
Total Project Cost $26,962.00
III. CASH FLOW— Not applicable. Grantee will be paid based on satisfactory performance
of each task detailed in Exhibit A.
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
FY 18/19
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FM/JOB No(s). 43202718401
CONTRACT NO.
AGREEMENT July 1, 2018
EFFECTIVE DATE
EXHIBIT C
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT 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 AND ADMINISTATIVE SUPPORT GRANTS
PROGRAM
CSFA Number: 55.001
*Award Amount: $26,962.00
*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/searchCataloq.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/fsaalsearchCompliance.aspx
The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 19 of 19
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1 6 0 1 0
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, CRYSTAL K. KINZEL, Interim Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that that the foregoing is a true and correct copy of:
Transportation Disadvantaged
Local Program Administrative Support Grant
Application Form, Agenda Item #16D10,
Approved/Adopted at the Regular BCC Meeting
held on July 10 , 2018
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 12th day of July, 2018 .
CRYSTAL K. KINZEL
Interim Clerk of Courts_ and Clerk
Ex-officio to Board of
County Commissioners
•
4iito
By: Martha Verga'ra,
Deputy Clerk`
1613 10
FloriJo Commissl«,for the
Transportation Disadvantaged
Local Program Administrative Support Grant
Transportation g p p
Disadvantaged Application Form
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 Joshua Thomas Phone Number 239-252-8989
Format 111-111-1111
E-Mail Address[Required] Joshua.Thomas@colliercountyfl.gov
gip'
Project Location[County(ies)] Collier County Proposed Project July 1, 2018
Start Date
Grant Amount Requested 26,962
I, the authorized Gr.- 'ecipient '-•resentative, hereby certify that the information contained in this form is
true and accurat- and is sub < tte. in ' cordance with the 2018-19 Grant Manual and Application for the
Local Program dm' istrativ; Su...., Grant.
07/10/18
Signature of Grant ci.ient Representative Date
Name:Andy Solis
TitleChairman, Board of County Commissioners:
A3 7ST;
eltySTALK.KINZEL, Approved as to form anct legality
INTE' u C
By: o► _ w .►
Attest as to Chairman's Assis nt County Att ry
-
signature only.
Administrative Support Application604 C2\
Form Revised 6/04/2018
1 6 13 1 0
Florida Commission for the
I- ECEIVED 25
;F
Transportation 2018 t.tr , -6 PM 3: 34
Disadvantaged "' {}
Ct.Efi OF COURTS
Rick Scott July 1, 2018Y
Q.C.
Governor
Marion Hart,Jr. Ms. Michelle Arnold
Chairperson
3299 Tamiami Trail East, Suite 103
Phillip Stevens, Ph.D. Naples, FL 34112
Vice Chairperson
Steve Holmes
Executive Director Re: 2018-19 Local Program Administrative Support Grant Agreement
#G0X96 (Collier County)
Dear Ms. Arnold:
Enclosed is your copy of the fully executed grant agreement for the above
referenced project. Please provide a copy of the agreement between your
agency and the designated official planning agency once fully executed.
Thank you for your continued support of the Transportation Disadvantaged
Coordinated System. Please contact me at (850) 410-5712 if you have any
questions concerning this project.
Sincerely,
't-1/41114;"2
John Irvine
Project Manager
Enclosure: Executed Agreement
605 Suwannee Street,MS-49 to Tallahassee,FL 32399-0450
Phone:(850)410-5700 to Toll Free:(800)983-2435 vo Fax:(850)410-5752
www.d ot.state.fl.uslctd
1 6 0 1 0
SAMAS Approp 108846 Fund TDTF FM/Job No(s) 43202718401
SAMAS Obj 751000 Function 683 CSFA No. 55.001
Org. Code 55120000952 Contract No Goxq , Vendor No. 59-6000558
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
LOCAL PROGRAM ADMINISTRATIVE SUPPORT AGREEMENT
THIS AGREEMENT, effective as of the 1st day of July 2018 (the "Effective Date"), 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 carry out responsibilities
of the Commission which includes local program administrative support functions and other
responsibilities identified in Chapter 427, Florida Statutes, or rules thereof;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide financial assistance to
accomplish local program administrative support duties and responsibilities as set forth in Chapter 427,
Florida Statutes, Rule 41-2, Florida Administrative Code, and as further described in this Agreement
and in Exhibit(s) A, B, C, attached hereto and by this reference made a part hereof, hereinafter
called the Project; 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.
The Coordinator shall accomplish such duties and responsibilities through an agreement with the
Commission's approved Designated Official Planning Agency for its respective service area.
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 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 Coordinator to enter into this Agreement or to undertake the Project hereunder, or to
observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so
requisite.
2.20 Funds of the Commission: The Commission will compensate the Grantee upon receipt
and approval of said deliverables, not to exceed the estimated project cost as further defined
herein.
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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 and 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 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.
3.00 Total Project Cost: The total estimated cost of the Project is $ 26,962.00. This amount is based
upon the budget summarized in Exhibit B and by this reference made a part hereof. The Grantee
agrees to bear 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, in the Project
in the amount of $ 26,962.00 as detailed in Exhibit B.
4.10 Eligible Costs: Grant Funds, derived exclusively from the Transportation Disadvantaged
Trust Fund, may only be used by the Commission and the Grantee to undertake local program
administrative support activities, as defined in Exhibit A.
4.20 Eligible Project Expenditures: Project expenditures eligible for State participation will be
allowed only from the date of this Agreement. It is understood that State participation in eligible
project costs is subject to:
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Section 12.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available; and
d) Submission of all certifications, invoices, detailed supporting documents or other
obligating documents and all other terms of this agreement.
4.30 Front End Funding 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. This is a lump sum — percent complete grant to accomplish the tasks identified in the
law, rule, and the grant. It is not subject to adjustment due to the actual cost experience of the
recipient in the performance of the grant agreement. The amount paid is based on the weighted
value of the tasks and deliverables listed in Exhibits A and B that have been accomplished for the
invoiced period. Prior to payment, the tasks performed and deliverables are subject to review
and acceptance by the Commission. The criteria for acceptance of completed tasks and
deliverables are based on the most recent regulations, guidelines or directives related to the
particular task and deliverable.
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5.20 Schedule of Disbursements: The Grantee shall be paid on a quarterly basis based on
the satisfactory performance of each task detailed in Exhibit A.
6.00 Accounting Records and Audits:
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 financing program, either separate accounts to
be maintained within its existing accounting system, or establish independent accounts. Such
financing accounts are referred to herein collectively as the "Project Account". The Project
Account, and detailed documentation supporting the Project Account, must be made available
upon request, without cost, to the Commission any time during the period of the Agreement and
for five years after final payment is made or if any audit has been initiated and audit findings have
not been resolved at the end of five years, the records shall be retained until resolution of the
audit findings.
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 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 all
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
6.40 Documentation of Project Deliverables: The Grantee shall provide sufficient detailed
documentation for each deliverable to allow an audit trail to ensure that the tasks accomplished
or deliverables completed in acceptable form to the Commission were those which were promised.
The documentation must be sufficiently detailed to comply with the laws and policies of the
Department of Financial Services.
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 Grantees existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
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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 State 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:
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.
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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 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.
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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, deliverables, records; and
to audit the books, records and accounts pertaining to the financing and development of the
Project at all reasonable times including upon completion of the Project, and without notice.
7.00 Compensation and Payments: In order to obtain any Commission funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged, 605 Suwannee
Street, Mail Station 49, Tallahassee, Florida, 32399-0450 its invoice on form or forms prescribed
by the Commission, and such other data and deliverables pertaining to the Project as listed in
Exhibit A hereof, as the Commission may require, to justify and support the invoices as specified
in the Commission's Grant Agreement/Contract 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: Payment shall not be made to the Grantee unless tasks have been
completed and back up documentation as requested is provided to the Commission. The project
must be completed 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 if:
7.21 Misrepresentation: The Grantee has made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, with respect to any document of
data or certification furnished therewith or pursuant hereto;
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
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;
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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 Agreement and has been unable to resolve compliance issues once
notified by 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 Invoices for Deliverables: Invoices for deliverables pursuant to this Agreement shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the
Commission detailed supporting documentation with the invoice or request for project funds will
be cause for the Commission to refuse to pay the amount claimed by the Grantee until the
Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules
41-2, 60A-1, and 69, Florida Administrative Code, is met. The Commission shall pay the Grantee
for the satisfactory performance of each task as outlined in Exhibit A on a quarterly basis.
7.40 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within sixty (60) days to the Commission. Offsetting any amount pursuant
to this section shall not be considered a breach of contract by the Commission.
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 7.20 hereof, or for any other reason, the commencement, prosecution, or timely
completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal,
the Commission may, by written notice to the Grantee, suspend any or all of its obligations under
this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected, or the Commission may terminate any or all of its 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,
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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: The Commission reserves the right to unilaterally cancel this Agreement
for failure by the Grantee to comply with the Public Records provisions of Chapter 119, Florida
Statutes.
9.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
9.10 Equal Employment Opportunity: In connection with the carrying out of any Project, the
Grantee shall not discriminate against any employee or applicant for employment because of race,
age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include,
but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Grantee shall insert the foregoing
provision modified only to show the particular contractual relationship in all its contracts in
connection with the development of operation of the Project, except contracts for the standard
commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw
materials. The Grantee shall post, in conspicuous places available to employees and applicants
for employment for Project work, notices setting forth the provisions of the nondiscrimination
clause.
9.20 Title VI - Civil Rights Act of 1964: The Grantee will comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice, and the
assurance by the Agency pursuant thereto.
9.30 Prohibited Interests:
9.31 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.
9.32 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
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to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
9.33 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.
9.34 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 about any
contract for contractual services which was within his or her responsibility while an employee.
9.35 Former Employees - Consulting Services: The sum of money paid to a former
employee of the Grantee during the first year after the cessation of his or her responsibilities,
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual
salary received on the date of cessation of his or her responsibilities. The provisions of this
section may be waived by the Grantee for a particular contract if the Grantee determines,
and the Commission approves, that such waiver will result in significant time or cost savings
for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof."
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
9.40 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
disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be
used to rent, lease or barter any real property that is not accessible to persons with disabilities
nor shall any meeting be held in any facility unless the facility is accessible to persons with
disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as
it may be amended from time to time.
9.50 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.
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The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes,
which is incorporated by reference into this Agreement.
9.60 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.
9.70 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.
10.00 Miscellaneous Provisions:
10.10 Environmental Pollution: Not applicable.
10.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
10.30 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.
10.40 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
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shall not be affected. In such an instance, the remainder would then continue to conform to the
terms and requirements of applicable law.
10.50 Bonus and Commissions: By execution of the Grant, 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.
10.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State law: Provided, that if any of the provisions of the Agreement
violate any applicable State law, the Grantee will at once notify the Commission in writing in order
that appropriate changes and modifications may be made by the Commission and the Agency to
the end that the Grantee may proceed as soon as possible with the Project.
10.70 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.
11.00 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
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."
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12.00 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, 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.
13.00 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 Section, completion of
project is defined as the latest date by which all required tasks have been completed, as provided in
the project description defined in Exhibit A. Unless otherwise extended by the Commission, all
reimbursement invoices must be received by the Commission no later than August 15, 2019.
14.00 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.
15.00 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.
16.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee)
providing goods and services to the Commission will receive payments in accordance with Section
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and
hereby agree that the time in which the Commission is required to approve and inspect goods and
services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice.
The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to
the Department of Financial Services. The twenty (20) days are measured from the latter of the date
the invoice is received or the goods or services are received, inspected, and approved.
If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection
and approval of goods and services, a separate interest penalty at a rate as established pursuant to
Section 55.03(1), Florida Statutes will be due and payable, in addition to the invoice amount to the
Grantee. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests
payment. Invoices that have to be returned to a Grantee because of Grantee 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.
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 12 of 19
Collier
1 6 010
17.00 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/agreement from the Grantee to a subcontractor for goods or services to be performed in whole
or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following
statement:
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts
subject to the provisions of chapter 339, the contractor shall pay such moneys received
to each subcontractor and supplier in proportion to the percentage of work completed by
each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, then the contractor shall be required to disburse only the
funds received on a pro rata basis with the contractor, subcontractors, and suppliers,
each receiving a prorated portion based on the amount due on the payment. If the
contractor without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within 7 working days after the receipt by the contractor of
full or partial payment, the contractor shall pay to the subcontractors and suppliers a
penalty in the amount of one-half of 1 percent of the amount due, per day, from the
expiration of the period allowed herein for payment. Such penalty shall be in addition to
actual payments owed and shall not exceed 15 percent of the outstanding balance due.
In addition to other fines or penalties, a person found not in compliance with any provision
of this subsection may be ordered by the court to make restitution for attorney's fees and
all related costs to the aggrieved party or the Department of Legal Affairs when it provides
legal 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.
18.00 Modification: This Agreement may not be changed or modified unless authorized in writing
by both parties.
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 13 of 19
Collier
16010
FM/JOB No(s). 43202718401
CONTRACT NO. GOXglo
AGREEMENT July 1, 2018
EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of, though not
necessarily executed on, the Effective Date.
GRANTEE: COLLIER COUNTY BOARD OF COMMISSION FOR THE TRANSPORTATION
COUNTY COMMISSIONERS DISADVANTAGED
t
BY: Wi' A :41111°' Co...u.k_ Sic-r..,L.L.,.>,6)
ki
TITLE: C-‘nCa.if M Q 13 TITLEExecutive Director(Commission Designee)
CRYSTAL'K. KINZEL, Approved as to form and legality
•
INTI$ i,CLER,K 7---„,. `=� '
Ir Assistant County Attoria
Attest as to Chairman'sj
signature only. (i),. a-
C12\
State of rionaa
County of COLLIER
I HEREBY CERTIFY THAthis-is a true and
correct copy of a documeriton file in
Board Minutes and Records of Collier County
WITNESS my ha ,d officialffciseal this
io2'Er'day.ofdutsi 21,13
CRYSTAL K.KINZEL,INTERIM CLERK AND COMPTROLLER
Tik
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 14 of 19
Collier
16 010
FM/JOB No(s). 43202718401
CONTRACT NO. GO)C?(o
AGREEMENT July 1, 2018
EFFECTIVE DATE
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES:
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.
I. PROJECT LOCATION: Collier County(ies)
II. PROJECT DESCRIPTION: This project provides for the accomplishment of the local program
administrative support duties and responsibilities as set forth in Chapter 427, Florida Statutes, Rule 41-
2, Florida Administrative Code. The Grantee shall accomplish such duties and responsibilities through
an agreement with the Commission's approved Designated Official Planning Agency for its respective
service area. The project period will begin on the date of this agreement and will end on the date
indicated in Section 13.00 hereof. Specific required tasks are as follows:
TASK 1: Weighted value = 17%
Jointly develop and annually update the Transportation Disadvantaged Service Plan (TDSP) with the
community transportation coordinator (CTC) and the Local Coordinating Board (LCB).
Deliverable: Complete initial TDSP or annual updates. Must be approved by the LCB no later than
June 30th of the current grant cycle.
TASK 2: Weighted value = 48%
Organize and provide staff support and related resources for at least four (4) LCB meetings per year,
holding one meeting during each quarter. Exceptions to reschedule meeting(s) outside of a quarter
due to the imminent threat of a natural disaster may be granted by the Commission.
Provide staff support for committees of the LCB.
Provide program orientation and training for newly appointed LCB members.
Provide public notice of LCB meetings in accordance with the most recent LCB and Planning Agency
Operating Guidelines.
LCB meetings will be held in accordance with the Commission's most recent LCB and Planning Agency
Operating Guidelines and will include at least the following:
1. Agendas for LCB meetings. Agenda should include action items, informational items and an
opportunity for public comment.
2. Official minutes of LCB meetings and committee meetings (regardless of a quorum). A copy will
be submitted along with the quarterly report to the Commission. Minutes will at least be in the
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 15 of 19
Collier
16010
form of a brief summary of basic points, discussions, decisions, and recommendations. Records
of all meetings shall be kept for at least five years.
3. A current full and active membership of voting and non-voting members to the LCB. Any time
there is a change in the membership, provide the Commission with a current membership roster
and mailing list of LCB members.
4. A report of the LCB membership's attendance at the LCB meeting held during this grant period.
This would not include committee meetings.
Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; training
notification.
TASK 3:
eighted vProvide at least one public workshop annually by each LCB, and assist the Commission,, asl eue ques quested,
in co-sponsoring public workshops. This public workshop must be held separately from the LCB
meeting. It may, however, be held on the same day as the scheduled LCB meeting. It could be held
immediately following or prior to the LCB meeting.
Deliverable: Public workshop agenda and minutes of related workshop only. The agenda and
minutes must be separate documents and cannot be included in the LCB meeting agenda and minutes,
if held on the same day. Minutes may reflect "no comments received" if none were made.
TASK 4:
Develop and annually update by-laws for LCB approval. Weighted value = 5%
Deliverable: Copy of LCB approved by-laws with date of update noted on cover page and signature
of LCB Chair or designee.
TASK 5:
Develop, annually update, and implement LCB Weighted value = 5%
p grievance procedures in accordance with the
Commission's most recent LCB and Planning Agency Operating Guidelines. Procedures shall include a
step within the local complaint and/or grievance procedure that advises a dissatisfied person about the
Commission's Ombudsman Program.
Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page.
TASK 6:
Weighted value = 5%
Review and comment on the Annual Operating Report (AOR) for submittal to the LCB, and forward
comments/concerns to the Commission.
Deliverable: Cover Page of AOR, signed by CTC representative and LCB Chair.
TASK 7:
= 5%
Research and complete the Actual Expenditures Report (AER) for direct federal andted local government
transportation funds to the Commission no later than September 15th. Complete the AER, using the
Commission approved form.
Deliverable: Completed AER in accordance with the most recent Commission's AER instructions.
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018
Collier Page 16 of 19
16010
TASK 8:
valuComplete quarterly progress reports addressing local program administrative pportted acc accomplishments
for for the local transportation disadvantaged program as well as grant deliverables; including but not
limited to, consultant contracts, special studies, and marketing efforts.
Deliverable: Complete Quarterly Progress Reports submitted with invoices. Quarterly Report must
be signed by planning agency representative. Electronic signatures are acceptable.
TASK 9:
Weighted value = 5%
Planning agency staff shall attend at least one Commission sponsored training, including but not limited
to, the Commission's regional meetings or annual training workshop.
Deliverable: Documentation related to attendance at such event(s); including but not limited to sign
in sheets.
III. Special Considerations by Agency:
Not Applicable
IV. Special Considerations by Commission:
Not Applicable
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 17 of 19
Collier
1 6 0 1 0
FM/JOB No(s). 43202718401
CONTRACT NO. Gpx96
AGREEMENT July 1, 2018
EFFECTIVE DATE
EXHIBIT B
PROJECT BUDGET AND CASHFLOW
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299 Tamiami
Trail, Suite #700, Naples, Florida, 34112.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible deliverables as indicated by Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code. For the required services, compensation shall be the
total maximum limiting amount of $26,962.00 for related program administrative support services in
Collier County(ies)
Task 1 17% $4,583.54
Task 2 48% $12,941.76
Task 3 5% $1,348.10
Task 4 5% $1,348.10
Task 5 5% $1,348.10
Task 6 5% $1,348.10
Task 7 5% $1,348.10
Task 8 5% $1,348.10
Task 9 5% $1,348.10
TOTAL: 100% $26,962.00
II. SOURCE OF FUNDS
Commission for the Transportation Disadvantaged
State Funds (100%) $26,962.00
Total Project Cost $26,962.00
III. CASH FLOW— Not applicable. Grantee will be paid based on satisfactory performance
of each task detailed in Exhibit A.
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June
FY 18/19
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 18 of 19
Collier
16010
FM/JOB No(s). 43202718401
CONTRACT NO. &OX 94,
AGREEMENT July 1, 2018
EFFECTIVE DATE
EXHIBIT C
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT 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 AND ADMINISTATIVE SUPPORT GRANTS
PROGRAM
CSFA Number: 55.001
*Award Amount: $26,962.00
*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/searchCataloq.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
TD Local Program Administrative Support Grant Agreement 2018/19
Form Rev. 06/04/2018 Page 19 of 19
Collier
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0
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
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
1.
2.
3. County Attorney Office County Attorney Office JAB
4. BCC Office Board of County A�b�
Commissioners \r - --`\\<,
5. Minutes and Records Clerk of Court's Office 1' 1(19 in/ 4.
6-fril
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 Thom /Tessie Sillery Phone Number 252-8989 or 252-5840
Contact/Department PINE(old M Dept)
Agenda Date Item was 7/10/18 Agenda Item Number 16-D-10
Approved by the BCC
Type of Document MPO Support Agreement Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Y N/A(Not
appropriate. (Initial Applicable)
1. Does the document require the chairman's original signature JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, JAB
provide 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 JAB
signed by 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 JAB
Office 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 JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. 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 7/10/18 and all changes made during the JAB N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. is line.
9. Initials of attorney verifying that the attached document is the version approved by theis not
BCC,all changes directed by the BCC have been made,and the document is ready for the an.ption for
Chairman's signature. i,s line.
[04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1 6 1 0
Local Transportation Disadvantaged Program
Administrative Support Agreement
This Agreement, effective as of July 1, 2018, (the "Effective Date"), by and between Collier County
Board of County Commissioners. the Commission for the Transportation Disadvantaged Community
Transportation Coordinator (hereinafter "Coordinator") and Collier County Metropolitan Planning
Organization, the Commission for the Transportation Disadvantaged Designated Official Planning
Agency (hereinafter"Planning Agency").
WHERAS, the Planning Agency has the authority to enter into this agreement and to undertake the
Project hereinafter described, and the Coordinator has been granted the authority to carry out
responsibility of the Commission for the Transportation Disadvantaged (CTD) which includes local
program administrative support functions and other responsibility identified in Chapter 427, Florida
Statutes, or rules therefore;
NOW, THEREFORE, in consideration of the mutual covenant, promises and representations herein,
the parties agree as follows:
Purpose of Agreement
This Agreement is to provide financial assistance to accomplish local program administrative support
duties and responsibilities as required by the Commission for the Transportation Disadvantaged Local
Program Administrative Assistance Grant(CFDA 55.001), and as further described in Exhibit(s) A and
B attached and incorporated into this Agreement ("Project"), and, to 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.
Terms
The term of this Agreement shall be for a period of one (1) year, effective July 1, 2018, through
June 30, 2019. Expiration of this Agreement will be considered termination of the Project. Any work
performed after the expiration date of this Agreement will not be compensated for by the Coordinator.
Amendments and Extensions
This Agreement may be amended upon mutual written agreement of the both parties. This Agreement
shall not be extended or renewed.
Assignments
This Agreement shall not be assigned or sublet as a whole or in part without the written consent of the
Coordinator.
Termination or Suspension of Project
The Coordinator may, by written notice to the Planning Agency, suspend any and all of the
Coordinator's obligations under this Agreement for the Planning Agency's failure to comply with
applicable laws or the terms of this Agreement until such time as the event or condition resulting in
such suspension has ceased or been corrected. The Coordinator will provide written notice outlining
the particulars of such suspension.
The Coordinator may terminate this Agreement at any time before the date of completion if the Planning
Agency is dissolved or if state funds cease to be available. In addition, the Coordinator or the Planning
Agency may terminate this Agreement if either party fails to comply with the conditions of the
Page 1 of 9
loulo 6 Li 0
Agreement. The Coordinator or the Planning Agency shall give written notice to all parties at least
ninety (90) days prior to the effective date of termination and specify the effective date of termination.
If this Agreement is terminated before performance is completed, the Planning Agency shall be paid
only for eligible tasks and deliverables satisfactorily performed during the effective Project period.
Remedies and Disputes
This Agreement shall not be considered as specifying the exclusive remedy for any dispute, but all
remedies existing at law and in equity may be availed of by either party.
Project Costs
The estimated total cost of the Project is $ 26,962. This amount is based upon the budget summarized
in Exhibit B attached to this Agreement. Project funds may only be used by the Planning Agency to
undertake local Transportation Disadvantaged program administrative support activities as further
described in this Agreement. This is a lump sum — percent complete grant to accomplish the tasks
identified in the Agreement. It is not subject to adjustment due to the actual cost experience of the
Planning Agency in the performance of the Agreement. The amount paid is based on the weighted
value of the tasks and deliverables listed in Exhibits A and B that have been accomplished for the
invoiced period. Prior to payment, the tasks performed and deliverables are subject to review and
acceptance by the Commission for the Transportation Disadvantaged. The criteria for acceptance of
completed tasks and deliverables are based on the most recent regulations, guidelines or directives
related to the particular task and deliverable.
Compensation and Payment
The Coordinator shall pay the Planning Agency for the satisfactory performance of each task as outlined
in Exhibit A on a quarterly basis. The amount of compensation for each completed task/deliverable is
further described on Exhibit B, attached to this Agreement.
The Planning Agency shall submit invoices on a quarterly basis. Invoices and deliverables shall be
submitted to:
Public Transit & Neighborhood Enhancement
Attn: Joshua Thomas, Grants Support Specialist
Joshua.ThomasAcolliercountyfl.gov
3299 East Tamiami Trail, #103
Naples, FL 34112
Invoices may be submitted electronically.
When the Coordinator 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 Coordinator receives less than full payment, then the Coordinator 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
Coordinator without reasonable cause fails to make payments required by this section to subcontractors
and suppliers within 7 working days after the receipt by the Coordinator of full or partial payment, the
Coordinator shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1
percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such
Page 2 of 9
lótJlO
penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding
balance due. In addition to other fines or penalties, a person found not in compliance with any provision
of this subsection may be ordered by the court to make restitution for attorney's fees and all related
costs to the aggrieved party or the Department of Legal Affairs when it provides legal 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.
Inspections
The Planning Agency shall permit, and shall require its contractors to permit, the Coordinator's
authorized representatives to inspect all work, materials, deliverables, records; and to audit the books,
records and accounts pertaining to the financing and development of the Project at all reasonable times
including upon completion of the Project, and without notice.
Project Records, Documentation and Records Retention
The Planning Agency shall provide and maintain sufficient detailed documentation for each deliverable
to allow an audit trail to ensure that the tasks accomplished or deliverables completed in acceptable
form to the Coordinator were those which were promised. Such documentation and records should be
maintained for five years from the ending date of the Agreement unless extended by the Coordinator.
The Coordinator reserves the right to unilaterally cancel this Agreement for failure by the Planning
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
Indemnification and Insurance Requirements
To the fullest extent permitted by law, the Planning Agency's contractor/consultant shall indemnify, and
hold harmless the Coordinator, including the Coordinator'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 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.
Non-discrimination of Persons With Disabilities
The Planning Agency and any of its contractors or their sub-contractors shall not discriminate against
anyone on the basis of a disability (physical, mental or emotional impairment). The Planning Agency
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 Planning Agency shall also assure compliance with The Americans with
Disabilities Act, as it may be amended from time to time.
Lobbying Prohibition
No Planning Agency may use any funds received pursuant to this Agreement for the purpose of
lobbying the Legislature, the judicial branch, or a state agency. No Planning Agency 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 paragraph supplement the provisions of
Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement.
Page 3 of 9
16010
Public Entity Crimes
No Planning Agency 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 Planning Agency may not allow such a
person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a
contract with the Planning Agency. If the Planning Agency 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 Planning Agency 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.
Homeland Security
Planning Agency 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 Planning Agency during the term of the grant agreement to perform
employment duties within Florida; and 2) all new persons, including subcontractors, assigned by the
Planning Agency to perform work pursuant to the contract with the Coordinator.
The Coordinator 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.
Coordinator Not Obligated to Third Parties
The Coordinator shall not be obligated or liable hereunder to any party other than the Planning Agency.
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.
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 Agreement and the Florida law, the laws of Florida
shall prevail. The Planning Agency agrees to waive forum and venue and that the Coordinator shall
determine the forum and venue in which any dispute under this Agreement is decided.
Page 4 of 9
1 6 B 0
IN WITNESS WHEREOF, the Parties e. - uted this agreement effective as of, though not necessarily
executed on, the Effective Date.
Planni
'1AgCommunity ransp n ordinator
BY: /1 Aisf�. s BY: AigA
TITLE: TITLE: wh
CRYSTAL K.KINZEL, Atwrovcd as:t'ocm ao�l ILgality
INTERIM CLERK
OBJ
,.• r - gtiti�.•tant County A �Y
�. - '. baa`
Attest as.to.Chairman'• (o
§gnature arty.
Page 5 of 9
16010
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of the Agreement, between Collier County Board of
Commissioners, the Community Transportation Coordinator and Collier County Metropolitan Planning
Organization , the Planning Agency.
I. PROJECT LOCATION: Collier County
II. PROJECT DESCRIPTION: This project provides for the accomplishment of the local program
administrative support duties and responsibilities as set forth in Chapter 427, Florida Statutes, Rule 41-
2, Florida Administrative Code. The Coordinator shall accomplish such duties and responsibilities
through an agreement with the Commission for the Transportation Disadvantaged's approved
Designated Official Planning Agency for its respective service area. The project period will begin on
the date of this agreement and will end on June 30, 2019. Specific required tasks are as follows:
TASK 1: Weighted value = 17%
Jointly develop and annually update the Transportation Disadvantaged Service Plan (TDSP) with the
community transportation coordinator (CTC) and the Local Coordinating Board (LCB).
Deliverable: Complete initial TDSP or annual updates. Must be approved by the LCB no later than
June 30th of the current grant cycle.
TASK 2: Weighted value = 48%
Organize and provide staff support and related resources for at least four (4) LCB meetings per year,
holding one meeting during each quarter. Exceptions to reschedule meeting(s) outside of a quarter
due to the imminent threat of a natural disaster may be granted by the Commission for the
Transportation Disadvantaged.
Provide staff support for committees of the LCB.
Provide program orientation and training for newly appointed LCB members.
Provide public notice of LCB meetings in accordance with the most recent LCB and Planning Agency
Operating Guidelines.
LCB meetings will be held in accordance with the CTD's most recent LCB and Planning Agency
Operating Guidelines and will include at least the following:
1. Agendas for LCB meetings. Agenda should include action items, informational items and an
opportunity for public comment.
2. Official minutes of LCB meetings and committee meetings (regardless of a quorum). A copy will
be submitted along with the quarterly report. Minutes will at least be in the form of a brief summary
of basic points, discussions, decisions, and recommendations. Records of all meetings shall be
kept for at least five years.
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3. A current full and active membership of voting and non-voting members to the LCB. Any time
there is a change in the membership, provide a current membership roster and mailing list of LCB
members.
4. A report of the LCB membership's attendance at the LCB meeting held during this grant period.
This would not include committee meetings.
Deliverable: LCB Meeting agendas; minutes; membership roster; attendance report; training
notification.
TASK 3: Weighted value = 5%
Provide at least one public workshop annually by each LCB, and assist the CTD, as requested, in co-
sponsoring public workshops. This public workshop must be held separately from the LCB meeting. It
may, however, be held on the same day as the scheduled LCB meeting. It could be held immediately
following or prior to the LCB meeting.
Deliverable: Public workshop agenda and minutes of related workshop only. The agenda and minutes
must be separate documents and cannot be included in the LCB meeting agenda and minutes, if held
on the same day. Minutes may reflect "no comments received" if none were made.
TASK 4: Weighted value = 5%
Develop and annually update by-laws for LCB approval.
Deliverable: Copy.of LCB approved by-laws with date of update noted on cover page and signature
of LCB Chair or designee.
TASK 5: Weighted value = 5%
Develop, annually update, and implement LCB grievance procedures in accordance with the LTD's
most recent LCB and Planning Agency Operating Guidelines. Procedures shall include a step within
the local complaint and/or grievance procedure that advises a dissatisfied person about the CTD's
Ombudsman Program.
Deliverable: Copy of LCB approved Grievance Procedures with date of update noted on cover page.
TASK 6: Weighted value = 5%
Review and comment on the Annual Operating Report (AOR) for submittal to the LCB, and forward
comments/concerns to the CTD.
Deliverable: Cover Page of AOR, signed by CTC representative and LCB Chair.
TASK 7: Weighted value = 5%
Research and complete the Actual Expenditures Report (AER) for direct federal and local government
transportation funds to the CTD no later than September 15th. Complete the AER, using the CTD
approved form.
Deliverable: Completed AER in accordance with the most recent CTD's AER instructions.
TASK 8: Weighted value = 5%
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Complete quarterly progress reports addressing local program administrative support accomplishments
for the local transportation disadvantaged program as well as grant deliverables; including but not
limited to, consultant contracts, special studies, and marketing efforts.
Deliverable: Complete Quarterly Progress Reports submitted with invoices. Quarterly Report must
be signed by Planning Agency representative. Electronic signatures are acceptable.
TASK 9: Weighted value = 5%
Planning Agency staff shall attend at least one CTD sponsored training, including but not limited to, the
CTD's regional meetings or annual training workshop.
Deliverable: Documentation related to attendance at such event(s); including but not limited to sign in
sheets.
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EXHIBIT B
PROJECT BUDGET
This exhibit forms an integral part of the Agreement, between Collier County Board of County
Commissioners, the Community Transportation Coordinator and Collier County Metropolitan Planning
Organization, the Planning Agency.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible deliverables as indicated by Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code. For the required deliverable, compensation shall be
the total maximum limiting amount of$ 26,962 for related program administrative support services in
Collier County(ies). This is a lump sum —percent complete grant to accomplish the tasks identified in
the Agreement. It is not subject to adjustment due to the actual cost experience of the Planning Agency
in the performance of the Agreement. The amount paid is based on the weighted value of the tasks
and deliverables listed in Exhibits A and B that have been accomplished for the invoiced period. Prior
to payment, the tasks performed and deliverables are subject to review and acceptance by the
Commission for the Transportation Disadvantaged. The criteria for acceptance of completed tasks and
deliverables are based on the most recent regulations, guidelines or directives related to the particular
task and deliverable.
Task 1 17% $4,583.54
Task 2 48% $12,941.76
Task 3 5% $1,348.10
Task 4 5% $1,348.10
Task 5 5% $1,348.10
Task 6 5% $1,348.10
Task 7 5% $1,348.10
Task 8 5% $1,348.10
Task 9 5% $1,348.10
TOTAL: 100% $26,962
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