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Agenda 06/08/2010 Item #16A10 Agenda Item No, 16A 10 June 8. 2010 Page 1 of 33 EXECUTIVE SUMMARY Recommendation to approve and execute the 2010/2011 Transportation Disadvantaged Trip & Equipment Grant Agreement FM # 20724618401/20724638401 and a Resolution authorizing its Chairman to execute the agreement for a total project cost of $652,703.00. OBJECTIVE: To acquire Board approval to execute the Transportation Disadvantaged Trip & Equipment Grant Agreement FM #20724618401120724638401, which out of a total project cost of $652,703.00 includes $587,433.00 in state funding ($587,271.00 CTD + $162.00 Voluntary Dollar Contribution) and a Resolution authorizing the Board's Chairman to sign the Agreement. CONSIDERATION: On May 11, 2010, the Board approved the Resolution for the submission of the application to the Florida Commission for the Transportation Disadvantaged Trip & Equipment Grant for funding. The Florida Commission for the Transportation Disadvantaged has awarded Collier County $587,433.00 ($587,271.00 CTD + $162.00 Voluntary Dollar Contribution) for FY2010/2011 and requested that the Chairman execute the attached Trip & Equipment Agreement. The Agreement lists the following sources of funds for the total project: · Commission for the Transportation Disadvantaged State Funds (no more than 90%) · Local Cash Funds · V oluntary Dollar Contributions · Monetary Value of In- Kind Match TOTAL PROJECT COST $587,271.00 $ 65,252.00 $ 162.00 $ 18.00 $652,703.00 The disbursement schedule will be $49,104.00 in the month of July 2010 and $48,939.00 each month from August 2010 through June 2011. FISCAL IMP ACT: A budget amendment is required to recognize the grant revenue in the amount of $587,433 in Transportation Disadvantage Fund 428 Project 33113. The required match of $65,270.00 is budgeted in Fund 429 in Project 33113. Ifprogram expenses exceed $652,703.00, the remaining costs will be funded from Transportation Disadvantaged Fund 427 Project 31427. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the execution of the Trip & Equipment Grant Agreement FM #20724618401/20724638401 for the total project cost of$652,703.00, which includes $587,433.00 in state funding, and a Resolution authorizing the Board's Chairman to sign the Agreement. In approving this item the BeC is providing authorization to approve all necessary budget amendments to receive and use these grant dollars including those incremental grant dollars received above or below the target grant award. By providing Agenda Item No. 16A 10 June 8, 2010 Page 2 of 33 this latitude, the Bec is authorizing its Chairman to recognize by budget amendment actual grant revenue received currently and as may be adjusted in the future and align expenses accordingly. Prepared by: Y ousi Cardeso, Administrative Assistant, Alternative Transportation Modes Attachments: (1) Trip & Equipment Agreement PM #20724618401120724638401; (2) Letter from TD Commission (3) Resolution Agenda Item No. 16A10 June 8, 2010 Page 3 of 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 16A10 Recommendation to approve and execute the 2010/2011 Transportation Disadvantaged Trip & Equipment Grant Agreement FM # 20724618401/20724638401 and a Resolution authorizing its Chairman to execute the agreement for a total project cost of $652,703. 6/8/20109:00:00 AM Prepared By Yousi Cardeso Administrative Assistant Date Transportathm Division AltErnative Transportation Modes 5/20/20105:24:45 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 5/21/20102:52 PM Approved By Glama Carter Planner. Principal Date Transportation Divisirm Alternative Transportation Modes 5/21/20103:54 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Division Transportation Administration 5/21/20103:56 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Tran!"iportation Division Transportation Administration 5/25/2010 10:0B AM Approved By Marlene J. Foard Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 5/25/2010 10:23 AM Approved By Michelle Edwards Arnold Director - Alt Transportation Modes Date Transportation Division Alterr:ative Transportation Modes 5/25/201010:47 AM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Division Transportation Administration 5125/2010 1'1 :09 AM Approved By Nich Casalanguida Director - T~ansportation Planning Date Transportation Division Transportation Planning 5125/20101:02 PM Agenda Item No. 16A10 June 8, 2010 Page 4 of 33 Approved By Natali Betancur Administrative Assistant Date Transportation Division Transportation Road Maintenance 5f25f2010 1 :16 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 5f2Sf2010 3:16 PM Approved By Jeff Klatzkow County Attorney Date 5f26f2010 9:11 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office Sf31f2010 1:44 PM - Agenda Item No. 16A 10 June 8, 2010 Page 5 of 33 RESOLUTION NO. 2010- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF ENTERING INTO A TRANSPORTATION DISADVANTAGED TRUST FUND TRlPIEQUIPMENT GRANT AGREEMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED FOR STATE FUNDING IN THE AMOUNT OF $571,562.00 AND AUTHORIZING ITS CHAIRMAN TO SIGN THAT GRANT AGREEMENT. WHEREi\S, at the June 8, 2010, meeting of the Board of County Commissioners the Board by majority vote approved a Transportation Disadvantaged Trust Fund TriplEquipment Grant Agreement (the "Agreement") - FM #20724618401/20724638401 with the Florida Commission for the Transportation Disadvantaged ("FCTD") for State FCTD funding in the amount of $571,562.00 (with a total project cost of $652,703.00) and authorized its Chairman to enter into the Agreement with the F~TD; and WHEREAS, the Florida Commission for the Transportation Disadvantaged requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote and authorizing its Chairman to execute the Agreement for funds. NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On June 8, 2010, 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. TillS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 8th day of June, 2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRlvlAN Approved as to form and legal sufficiency: c'-'} / ~ . ... JJ /. -S-'C-v 'P ? ( A-e~ l_ --" .~ Scott R. Teach, . Deputy County Attorney Agenda Item No. 16A10 lilt"'!,...., 0 ')n-1 ('\ SAMAS Approp: 108846 Fund: SAMAS Obj.: 750074 Function: Org Code: 55 12 00 00 952 Contract No.: TDTF 035 FM/Job No(s).: 20724618401~t46f3~01 CSFA No. 55.001 Vendor No.:59-6000558-007 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP &. EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 2010 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, 3301 East Tamiami Trial, Naples, Florida 34112 hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the -provision of non-sponsored transportation services and other responsibilities identified in Chapter 127, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on December 22, 2009 and as further described in this Agreement and in Exhibit(s) A, B, C, D attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. - 2.20 Pursuant to Federal, State, and Local Law: In the event that any electior I, referendum, approval, permit, notice, or other proceeding or authorization is requisite under Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 1 of 27 Agenda Item No, 16A 10 June 8, 2010 Page 7 of 33 applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "c." Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, the approved Trip and Equipment grant application submitted by the Grantee, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on December 22, 2009. 2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $652,703.00. This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $587.433.00 as detailed in Exhibit "B," or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 2 of 27 Agenda Item No. 16A 10 June 8. 2010 Page 8 of 33 to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Application ancL Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipme, Grant Funds may also be used to purchase capital equipment used for the provision of non- sponsored transportation services. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: 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 Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A.If 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement, the Grantee must also adhere to the following limitations on the use of Transportati( - Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 - The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless !L. complies with fund participation requirements established in Article 4.00 of this Agreement and approved in writing by the Commission. Any budget revision that changes the fund participatior I requirements established in Article 4.00 of this agreement shall not be effective unless approved in Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 3 of 27 Agenda Item No. 16A 10 June 8. 2010 Page 9 of 33 writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit liB." This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B." 7.00 Accounting Records, Audits and Insurance: 7 .10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separateaccounts-to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 4 of 27 Agenda Item No. 16A 10 June 8, 2010 eligible costs of the Project. Costs in excess of the latest approved budget, costsFWlfflcWare: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. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, driver's manifests, vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will. be chargeab!eagainst the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantee's existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audits: Part I: Federally Funded Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-l33, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-l33', as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., tt-- recipient shall fulfill the requirements relative to auditee responsibilities C2_ provided in Subpart C of OMS Circular A-133, as revised. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 5 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 11 of 33 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised the cost of the audit must be paid from non-Federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II: State Funded Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: L In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHISIT"D" to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. The Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted,in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 6 of 27 Agenda Item No. 16A10 June 8,2010 4. State awards are to be identified using the Catalog of State FinanEialeA95~tance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III: Other Audit Requirements The Recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Commission, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Commission to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV: Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMS Circular A- 133, as revised, and required by Part I above shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399-0450 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by Part I above and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Commission for reasons pursuant to section .320( e)(2), OMB Circular /- 133, as revised, the recipient shall submit the required written notification pursuant t-.. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 7 of 27 Agenda Item No. 16A 10 June 8, 2010 Section .320(e)(2) and a copy of the recipient's audited schedule of eX'f3oodft:efes of Federal awards directly to each of the following: Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399-0450 In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320( c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at each of the following addresses: Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399-0450 3. Copies offinancial reporting packages shall be submitted by or on behalf of the recipient directly to each of the following: Project Manager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399-0450 And Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by audit findings shall be submitted by or on behalf of the recipient directly to: Project Ma nager Florida Commission for the Transportation Disadvantaged 605 Suwannee Street, MS 49 Tallahassee, Florida 32399-0450 Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the Trip and Equipment Grant agreement for a period of at least five years from the date the audit report is issued, and shall allow the Commission, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 8 of 27 Agenda Item No. 16A10 June 8,2010 the Commission, or its designee, CFO, or Auditor General upon request for a periocF~et1tea5~fjve years from the date the audit report is issued, unless extended in writing by the Commission. Monitoring: In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised (set: "Audits" above), monitoring procedures may include, but not be limited to, on-site visits by Commission staff. The recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff regarding such audit. The CTC further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Transportation's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person, $200,000 per occurrence at all times in which project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to it-- then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. - 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 9 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 15 of 33 correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required-Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "c." 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is met. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 10 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 16 of 33 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, thp- Commission may offset such amount from payments due for work or services done under al grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, 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. 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, 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 contract- and other undertakings the cost of which are otherwise includable as Project costs; and (3) remh. to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permi~ the Commission's authorized representatives to inspect all work, materials, payrolls, records; and J 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. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 11 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 17 of 33 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is' contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during 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 payor other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 12 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 18 of 33 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or fn the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or terminatio- have or hold any employment or contractual relationship with any business entity II. connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this section shall not be applicable to any agreement between the GranteSL. and its fiscal depositories, or to any agreement for utility services the rates for which a fixed or controlled by a Governmental agency. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 13 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 19 of 33 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; telephone; and association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 14 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 20 of 33 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreeme~ shall not be affected. In such an instance the remainder would then continue to conform to tl terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or Federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or Federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as pOSSible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Ar- lease or assignment of operational responsibility of project vehicles and equipment to thira- persons is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee's interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. _ 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 15 of 27 Agenda Item No. 16A 10 June 8. 2010 Page 21 of 33 reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re- invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with Stateregulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission's Capital Equipment Procedure. 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A." Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as proVided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 16 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 22 of 33 breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents OJ:- employees. Neither the Grantee nor any of its agents will be liable under this article for damag arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure; or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida . Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of tt - amounts budgeted as available for expenditure during such fiscal year. Any contract, verba. or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year. In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission's performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30. - 2011. If the Grantee does not complete the Project within this time period, this agreement will expi' unless an extension of the time period is granted to the Grantee in writing by the Chairperson of tht: Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 17 of 27 Agenda Item No. 16A 10 June 8. 2010 Page 23 of 33 considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than Auoust 15, 2011. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services after receiving an approved invoice from the Commission. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contal;:ted at (850) 413-5516 or toll free (877) 693-5236. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 18 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 24 of 33 When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any proviSion of this 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. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. - -- Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 19 of 27 Agenda Item No. 16A 10 June 8. 2010 Page 25 of 33 FM/JOB Noes). 20724618401/20724638401 CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: Collier County Board of County COMMISSION FOR THE TRANSPORTATION Commissioners DISADVANTAGED BY: BY: TITLE: TITLE: Executive Director (Commission Desianee) Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 20 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 26 of 33 FM/JOB Noes). 20724618401/20724638401 CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIP I EQUIPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners. 3301 East Tamiami Trial. Naples. Florida 34112. PROJECT LOCATION: Collier County(s) PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on December 22, 2009. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Capital equipment will consist of: NONE SPECIAL CONSIDERATIONS BY GRANTEE: 1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1,2001 or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: - Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 21 of 27 FM/JOB No(s). CONTRACT NO. AGREEMENT DATE Agenda Item No. 16A 10 June 8. 2010 2072461840~24~~S~Ol EXHIBIT "B" PROJECT BUDGET AND DISBURSEMENT SCHEDULE This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3301 East Tamiami Trial. Naples, Florida 34112. I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on December 22, 2009. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Non-sponsored Trips Voluntary Dollar $ 652,523 180 FM# 20724618401 FM# 20724638401 TOTAL $652,703.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) Local Cash Funds Voluntary Dollar Contributions Monetary Value of In-Kind Match Total Project Cost $587,271 $65,252 $162 $18 $652,703.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS FY 10/11 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 49,104 48,939 48,939 48,939 48,939 48,939 48,939 48,939 48,939 48,939 48,939 48,939 Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 22 of 27 Agenda Item No. 16A 10 June 8, 2010 TRANSPORTATION DISADVANTAGED TRUST FUNDof33 SERVICE RATES EXHIBIT B PAGE 2 OF 2 COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners, 3301 East Tamiami Trial, NaDles, Florida 34112 EFFECTIVE DATE: Julv 1, 2010 TYPE OF SERVICE TO BE UNIT COST PER UNIT PROVIDED {Passenger Mile or Trip} $ ambulatory trip 14.50 wheelchair trip 24.86 stretcher trip 51.80 group (per individual) trip 7.11 escorts trip 5.00 Bus Pass (daily-full fare) per pass 4.00 Bus Pass (daily-reduced fare) per pass 2.00 Bus Pass (weekly-full fare) per pass 15.00 Bus Pass (weekly-reduced fare) per pass 7.50 Bus Pass (monthly-full fare) per pass 35.00 Bus Pass (monthly-reduced fare) per pass 17.50 Marco Express (monthly-full fare) per pass 70.00 Marco Express (monthly-reduced fare) per pass 35.00 Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 23 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 29 of 33 FM/JOB No(s). 20724618401/20724638401 CONTRACT NO. AGREEMENT DATE EXHIBIT "e" TRIP I EQUIPMENT 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. 3301 East Tamiami Trial, Naples, Florida 34112. THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a proper pre-audit and post-audit thereof. Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail sufficient for a proper pre-audit and post-audit thereof. CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in Section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in Section 287.017(1)(b), Florida Statutes. 3. Contracts for consultant services for an amount less than Category I as set forth in Section 287.017(1)(a), Florida Statutes. Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 24 of 27 Agenda Item No. 16A10 June 8, 2010 Page 30 of 33 FM/JOB No(s). 20724618401/20724638401- CONTRACT NO. AGREEMENT DATE EXHIBIT "0" STATE AGENCY: FLORIDA DEPARTMENT OF TRANSPORTATION / FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED CSFA #: 55.001 TITLE: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (COMMISSION) TRIP AND EQUIPMENT GRANT PROGRAM TOTAL STATE FUNDING AMOUNT: $587,433.00 COMPLIANCE REQUIREMENTS: ALLOWED ACTIVrnES: Trio An eligible non-sponsored trip is one that originates or ends in the Community Transportation Coordinator's service area. The Commission funds for non-sponsored trips shall be expended through a Community Transportation Coordinator, which is operating under a current Memorandum of Agreement (MOA), and will- be expended at the fare structure contained in the approved Transportation Disadvantaged Service Plan f the particular type or mode of service. Lack of an executed MOA and approved Transportation Disadvantaged Service Plan will prevent the expenditure of any of these non-sponsored trip/equipment funds unless otherwise approved in writing by the Commission or their designee. (Application and Policy Manual, Section l.A.(l), Rule 41-2.014, Florida Administrative Code). Eauioment Capital Equipment is any equipment used to maintain or provide improved or expanded transportation services to the transportation disadvantaged and is exclusively utilized by the Community Transportation Coordinator. Eligible capital equipment includes but is not limited to: · small medium buses, cutaway vans (van body on truck chassis), etc.; . station wagons or vans; · wheelchair lifts, ramps, and restraints; · DNo-way radios and communications equipment (TDD-Telecommunications Device for the Deaf), cell phones, excluding annual service contracts; . computer hardware/software; · support equipment, other than items specifically identified in this section, above $500 per piece; · vehicle procurement, testing, inspection acceptance, and vehicle rehabilitation when the rehabilitation extends the life of the vehicle one year beyond the original expectancy; and · initial installation or set-up costs of any of the above items. (Application and Policy Manual, Section l.A.(2), Rule 41-2.014, Florida Administrative Code) - ALLOWABLE COST: See Part Three Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 25 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 31 of 33 CASH MANAGEMENT: See Part Three EOUIPMENT I REAL PROPERTY MANAGEMENT: All vehicles purchased with Transportation Disadvantaged Funds shall be titled to the applying agency with a lien to the Florida Commission for the Transportation Disadvantaged. Equipment purchased with this grant shall be for exclusive use by the Community Transportation Coordinator and shall not be leased or assigned for operational responsibility to third parties, unless approved in writing by the Commission. The Commission shall retain a majority of the interest in all capital equipment until the useful life of such equipment has been expended. At that time, the grantee may dispose of such equipment with the written permission of the Commission in accordance with the Commission's Capital Equipment Procedures. [Application and Policy Manual, Section l.A.(2)]. In accordance with the Americans with Disabilities Act, all vehicles purchased through this grant, which are to be utilized on a fixed route/fixed schedule service, must be lift equipped. Applicants who intend to utilize project vehicles for demand response services shall certify that their demand response service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. [Application and Policy Manual, Section l.A.(2)] . The Community Transportation Coordinator may allocate up to 25 percent of the total project budget for capital expenditures excluding voluntary dollar contributions. Each vehicle or other capital equipment purchase must be covered for liability and property insurance. The Commission must be made an additional insured for liability policies and the loss payee for property insurance coverage. (Application and Policy Manual, Section l.A.(2), Rule 41-2.014(2)(a), Florida Administrative Code). MATCHING: The trip/equipment grant program requires a local match. In defining local match, Rule 41-2.014(3), Florida Administrative Code, requires that eligible grant recipients must provide at least 10 percent of the total project cost as the local share. Examples of cash generated from local sources include local appropriations, dedicated tax revenues, private donations, net income generated from advertising and concessions, contract revenues, and farebox revenues. No federal or state revenues are acceptable as local generated cash. (Application and Policy Manual, Section 2) A 10 percent match is required for the money from the voluntary dollar contribution generated from the annual vehicle registration forms and must be in-kind match. Examples of in-kind match include non-cash donations, volunteered services, and salaries and fringe benefits. The value of each of these must be documented, reasonable and necessary for the arrangement or provision of transportation disadvantaged services. Service provided with State or Federal government revenues is not accepted as in-kind match. (Application and Policy Manual, Section 2) PERIOD OF AVAILABILITY: Project costs eligible for State participation will be allowed only from the date of the Agreement. (Grant Agreement Provision 4.20) SUBRECIPIENT MONITORING: Third party contracts are contracts between a grantee and any subgrantee, or pass through funding recipient, consultants, or others in the private sector for work needed to carry out a project. Unless otherwise authorized in writing by the Commission, the Grantee may not execute any contract or obligate Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 26 of 27 Agenda Item No. 16A 10 June 8, 2010 Page 32 of 33 itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund money, including transportation operator and consultant contracts or amendments thereto, with any third part)L with respect to the project without being able to provide a written certification (upon the Commissior request) by the Grantee that the contract or obligation was executed in accordance with the competitivl::: procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. The procurement, execution, audit and closing of third-party contracts are basic grantee responsibilities and must be carried out using the same guidelines and procedures as described in Chapter 287, Florida Statutes. Inter-agency agreements or contracts passing through grant funds to other public bodies (including public transit operators) or transportation operators as defined in Chapter 427, Florida Statutes, are not third-party contracts. However, the pass-through recipient must comply with Chapter 287, Florida Statutes, if it enters into any subsequent third-party contract using Transportation Disadvantaged Trust Funds. (Grant Agreement Provision 12.10; Application and Policy Manual, Section 7) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, as revised, monitoring procedures may include, but not be limited to, on-site visits by Commission staff. The Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission, the Florida Department of Transportation's Office ofInspector General (OIG) and Florida's Chief Financial Officer or Auditor General. (Application and Policy Manual, Section 7). - Trip & Equipment Grant Agreement 2010/2011 Form Rev. 12/22/2009 Page 27 of 27 Flaida c:..nml....... forlta em 11ll111!ipD1tDtian DisocMlIfIIlDged Charlie Crist Governor JR Harding Ed.D. Chairperson David Darm Vice Chairperson Bobby Jernigan Executive Director Agenda Item No. 16A 10 June 8, 2010 Page 33 of 33 May 18, 2010 Ms. Glama Carter Collier County BCC, Collier Area Transit 2885 South Horseshoe Drive Naples, FI 34104 Re: 2010-11 Trip/Equipment Grant Agreement (Collier County) Dear Ms. Carter: ~ Attached is the Trip and Equipment grant agreement between your agency and the Commission for the Transportation Disadvantaged. In addition, attached is a Grant Agreement Checklist for your convenience. Please execute two copies and return both copies of the agreement to my attention. In order to avoid a disruption in transportation services, please return the signed grant agreement in a timely manner to ensure this agreement can be fully executed prior to July 1, 2010. If this cannot be done, please contact me immediately. If you have any questions, please call me at (850) 410-5702. Thank you. Sincerely, /'~\ /~\ r\ ~ i/ v3.CiJJr Floyd Webb Area #1 Project Manager Attachment: Trip & Equipment Grant Agreement & Checklist 605 Suwannee Street, MS-49 ro Tallahassee, FL 32399-0450 Phone: (850) 410-5700 ro Toll Free: (800) 983-2435 ro Fax: (850) 410-5752 www.dot.state.fl.us/ctd