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Backup Documents 09/25-26/2012 Item #16D 4
1 6 D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should he hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines 41 through#4 as appropriate for additional signatures,dates,and/or information needed.If the docun ent is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward tb Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) . 2. 3. 4. Scott Teach, Deputy County Attorney County Attorney's Office t�-� _ 5. Ian Mitchell, Supervisor Board of County Commissioners +w c/41^ °)11'�It1 : i-:a 6. Minutes and Records Clerk of Court's Office q(2-b6 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.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,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Yousi Cardeso Phone Number (239)252-5886 Contact Agenda Date Item was September 25,2012 Agenda Item Number 1 16D4 Approved by the BCC Type of Document I Resolution&4 Grant Agreements Number of Original �15 Attached 2D(I)J ((.Q Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is appropriate. Yes N/A(Not (Initial) Applicable) I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the YC Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or YC the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and YC initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be YC provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on September 25,2012 and all changes made during YC krOl the meeting have been incorporated in the attached document.The County Attorney's Office a e has reviewed the changes,if applicable. II I. Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 umatter number»/«document number» 1604 ' MEMORANDUM Date: October 2, 2012 To: Yousi Cardeso, Administrative Assistant Alternative Transportation Modes From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2012-166 + JPA:FM Project # 41013918401 Contract #AQQ16 Attached for forwarding are four (4) original executed copies of the agreement and four (4) certified resolutions of the items referenced above, (Item #16D4) approved by the Board of County Commissioners on Tuesday, September 25, 2012. As a reminder the addresses on the contract are incorrect and need to be changed to the correct address of: Collier County Board of County Commissioners, 3299 Tamiami Trail E., Naples, FL 34112. I have placed a yellow sticky where ever the address appears. Forward a fully executed original to the Board's Minutes & Record's Department where it will be kept as a part of the Board's Official Records. If you have questions or need further assistance please contact me at 252-7240. Thank you. Attachments RESOLUTION 2012- 16 6 ipi 1 613 4 ,4 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE STATE TRANSIT BLOCK GRANT FUNDS FOR PUBLIC TRANSPORTATION SERVICES IN COLLIER COUNTY AND AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT. WHEREAS, at the September 25, 2012, meeting of the Board of County Commissioners the Board approved a Joint Participation Agreement (JPA: FM Project Number: 410139-1-84-01 / Contract Number: AQQ16) with the Florida Department of Transportation to provide State Transit Block Grant funds to assist Collier County and authorized its Chairman to sign and enter into that agreement; and WHEREAS, the Florida Department of Transportation requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote approving authorizing its Chairman to execute the Joint Participation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that; On September 25, 2012, the Board of County Commissioners approved by majority vote the aforementioned Joint Participation Agreement and authorized its chairman to execute that agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 25th day of September 2012. ATTBSi , r ':r) :'a BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK,'CLERK COLLIER COUNTY, FLORIDA By G, _ d�/fh0• By Attest , ,to ( p, <r,� Fred W. Coyle, Chairman S s`it ` �►t '`� Approved as to form ,� e al sufficie Item# Agenda 2. ,�; � ..�,.. Date Scott R. Teach Deputy County Attorney recd Jo �ePu`Y e'er�� . 16D4 ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Page I�I4 Financial Project No(s).: Fund: 010 FLAIR Category,: 088774 Otem-segment-phase•sequence) g ry 41013918401 Function: 680 Object Code: 750010 Federal No.: n/a Org.Code: 55012020129 Contract No.: AOO16 DUNS No.: 076997790 Vendor No.: F596000558004 CFDA Number. n/a CSFA Number 55010 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department,and Collier County Board of County Commissioners 3301 East Tamiami Trail, Naples, Florida, 34112 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2017 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH : WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.052 Florida Statutes, to enter into this Agreement. 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 for the Department's participation through the State Transit Block Grant Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation services and as further described in Exhibit(s) BCD (s) , , , attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1604 ns-090-06 PUBLIC TRANSPORTATION 06111 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State,and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate,as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit"C"attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is$ See Exhibit B . This amount is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this Agreement.The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of$ See Exhibit B as detailed in Exhibit"B",or in an amount equal to the percentage(s)of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility:Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval ofthe Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement: (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement: (d) Department approval of the project scope and budget(Exhibits A&B)at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is © is not applicable. If applicable,the Department may initially pay 100%of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage 0 is © is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed,at the Department's discretion, on or before the completion of the final project audit. 1 16 ® 4 725-030-06 PUBLIC TRANSPORTATION 06/17 6.00 Project Budget and Payment Provisions: Pape 3d 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish Independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account,and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation,all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project,which Department payments and other funds are herein collectively referred to as"project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs:All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices,contracts,or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn.All checks, payrolls,invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and,to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations,or audits deemed necessary by the State Comptroller or Auditor General.The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit"D"attached hereto and by this reference made a part hereof this Agreement. i 16E1 41;. . 725030-06 PUBLIC TRANSPORTATION 06!11 Nee 401 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see"Audits"below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOTs Office of Inspector General (OIG)and Florida's Chief Financial Officer(CFO)or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends$500,000 or more in Federal awards In Its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit"0"to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from 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: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable rules of the Department of Financial Services and the CFO: and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit"D"to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. • 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This indudes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550(local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number, award number and year, and name of the state agency awarding it. 1613 4 PUBLIC TRANSPORTATION 08/11 Page 5 0114 Part Ili Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings,appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department,the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations,of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.62 Part I of this agreement shall be submitted,when required by Section .320(d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow, Florida 33830 B. The number of copies required by Sections .320(d)(1)and(2),OMB Circular A-133, submitted to 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. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320(e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2)and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue, Bartow, Florida 33830 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, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow,Florida 33830 1604 725.030-06 PUBLIC TRANSPORTATION 06/11 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Office Modal Development/Public Transit, MS 1-39 801 North Broadway Avenue,Bartow, Florida 33830 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow,Florida 33830 5. Any reports, management letter,or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes,and Chapter 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department,or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records,of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. • 160 4 II 725430.06 PUBLIC'.RANSPORTATION 0&11 Pig.Vol 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow, Florida , FL, 33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account(as defined in Paragraph 7.10 hereof)to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired,submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property,and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement,or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable):Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit"B." 1 6 4 11 72S030.o6 PUBLIC TRANSPORTATION 08!11 Paga8of14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If,after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation Joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project;or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph,the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following:(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 Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement.The termination or suspension shall be carried out in conformity with the latest schedule, plan,and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time.The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters,or other material subject to the provisions of Chapter 119, F.S.and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment,provision for payment, or reimbursement of all project costs payable from the project account is made,the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds,including consultant, construction or purchase of commodities contracts or amendments thereto,with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. i 1bALL 4 1 nsowos PUBLIC TRANSPORTATION 06111 Page 9o114 12.20 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act.At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants'Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise(DBE)Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients,and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex In the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 of seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls,and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race,age, creed,color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, age,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 Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all Its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation,construction, demolition, removal, site improvement, or similar work, the Agency shall post,in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder,and the assurance by the Agency pursuant thereto. 13.30 Title VIII-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 USC 3601,et seq.,which among other things, prohibits discrimination in housing on the basis of race,color, national origin, creed, sex, and age. 16 ' 4 725-030.08 PUBLIC TRANSPORTATION 06/11 Page 100114 13.40 Americans with Disabilities Act of 1990(ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project,with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer,partner, director, or proprietor or in which such officer,director or employee or the officer's,director's or employee's spouse or child,or any combination of them, has a material interest. 'Material Interest'means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to,Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder to any party other than the Agency, 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that It has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 16U41 1 PUBLIC TRANSPORTATION 0&11 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify,defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage,cost,charge,or expense arising out of any act, error, omission,or negligent act by the Agency, its agents,or employees,during the performance of the Agreement, except that neither the Agency, its agents, or Its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act,error, omission,or negligent act by the Department or any of its officers, agents,or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14)working days and will jointly discuss options in defending the claim.After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, If any. However, if only one party participates in the defense of the claim at trial,that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate.After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 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. i 16D41 1 725-07006 PUBLIC TRANSPORTATION 06!11 Pop.12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S.,are hereby incorporated: "(a)The Department, during any fiscal year, shall not expend money, incur any liability,or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is 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 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years;and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2017 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural.All words used in the plural form shall extend to and include the singular.All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal:The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 16041 1 n5-030-06 PUBLIC TRANSPORTATION 06111 Pop 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency)providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five(5)working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher)to the Department of Financial Services. The 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 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3Xb), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one(1)dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment.The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the Department. The Vendor Ombudsman may be contacted at(850)413-5516. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E-Verify Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 160 4 1 725-03046 PUB:SC TRJ.HSPORTATICH C6'11 Pao 14 Cl 14 Financial Project No(s).41013918401 Contract No. AQQ18 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Fft I e.0.1 1-e LEGAL REVIEW SIGNATORY(PRINTED OR TYPED) '�DEPARTMENT OF TRANSPORTATION SIGNATURE ` J DEPARTMENT OF TRANSPORTATION ChQiv rnri r, Director of Transportation Development TITLE TITLE fir, ATTEST - ~, DWIGHT E;BROCI( CLERK �. .ir►tit`' Attest is to.CAS t .IP 3 I gneture- toitoned adlitioney 1.44, L 5a Deputy County Attorney 1604 4 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ 16 State Transit Block Grant Program EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners: 3301 East Tamiami Trail. Naples. Florida 34112. dated referenced by the above Financial Project Number. PROJECT LOCATION: Collier County. Florida PROJECT DESCRIPTION: The purpose of this project Agreement is to provide for the Department's participation. through the State Transit Block Grant Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation. SPECIAL CONSIDERATIONS BY AGENCY.: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this Agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the Agreement. If applicable, the eligible project period identified herein, may be extended by letter from the Department upon a written request from the Agency. The Department recognizes the necessity of, and allows, the Agency to provide public transportation services under this Agreement beyond its geographic boundaries for achievement of effective and efficient public transit services, and for public necessity and convenience. Exhibit A. Page 1 of 1 16D 44 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ 16 State Transit Block Grant Program EXHIBIT "B" PROJECT BUDGET (For Transit Multi-Year Projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners; 3301 East Tamiami Trail. Naples, Florida 34112, dated referenced by the above Financial Project Number. Project Estimated and Programmed Budget: The Department has programmed the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit "C". This funding will be made available, annually, in the following manner: After the Agency has met all program requirements, the Department will encumber funds for that fiscal year and will advise the agency in writing of the amount of funding available and the beginning date when the Agency may incur eligible project cost. This notification must be signed b) the agency and returned to the Department. Availability of any funds is subject to legislative approval. FY 2012/13 Local Funding(LF) (50%) $888.278.00 State Funding(DPTO) (50%) $888,278.00 Total $1,776.556.00 It is the intent of the Department to participate in the project to the level of Department funding encumbered and consistent with Section 341.052, F.S. Exhibit B. Page 1 of 1 160 /i Collier Count■ Financial Project Number: 410139-1-84-01 Contract Number: AQQ16 State Transit Block Grant Program EXHIBIT "C" (For State Block Grant Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida. Department of Transportation and Collier County Board of County Commissioners; 3301 East Tamiami Trail. Naples. Florida 34112. dated referenced by the above Financial Project Number. REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50)percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue...funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations. and depreciation and amortization costs, as they will appear in the NTD report, can be identified. Exhibit C, Page 1 of 3 16U 4 1 Collier Count) Financial Project Number: 410139-1-84-01 Contract Number: AQQ16 State Transit Block Grant Program The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than November 15 of each year. and published either by December 31 or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to FS 341.071 (2). A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapter14.pdf. The Department will allocate State Transit Block Grant Program funds as described in Section 341.052, F.S. OTHER REQUIREMENTS Safety Requirements Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code. the Agency shall submit. and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Time The Agency must submit an invoice to the Department within one hundred and twenty(120)days from the ending date of the eligible billing period covered by the invoice. Should the Agency not submit a correctly prepared and documented invoice within the proper time frame. the Department may deny payment of the Department's share of the invoice. 2. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 3. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt. by the District Modal Development Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within Exhibit C, Paee 2 of 3 1 6 D 4 five (5) working days of receipt and return the invoice for corrections. 1 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ16 State Transit Block Grant Program SECTIONS MARKED WITH AN "X"ARE APPLICABLE TO THIS AGREEMENT Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental contract. X 2. Other contracts less than $25.000 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. X 3. Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent (25%) change in total dollar amounts from one year to the next. X 4. Purchase of service contracts where the Agency will provide transportation service for a fee. Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY X Procurement Requests Agency X Safety Compliance Agency X Specifications Agency X Invoices Agency X Audit Reports Agency Annually During Life of Project Exhibit C, Page 3 of 3 '25-030-06 PUBLIC TRANSPORTATION 04/06 16 i/1��D ■ 1 Page of- Collier Count' Financial Project Number: 410139-1-84-01 Contract Number: AQQI 6 State Transit Block Grant Program EXHIBIT D FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida. Department of Transportation and Collier County Board of County Commissioners; 3301 East Tamiami Trail. Naples. Florida 34112 . dated FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. lithe resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES State Agency Catalog of State Financial Assistance (Number& Title) Amount Florida Department of 55.010— Public Transit Block Grant Program $888,278.00 Transportation Compliance Requirements 1. Chapter 341.052, Florida Statutes 2. Chapter 341.071, Florida Statutes 3. All terms of Department Contract NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a),Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Exhibit D, Page 1 of 1 1604 Davis, Julia From: The job FI989WMR Sent: Tuesday, July 31 2012 3:26 PM To: Davis, Julia Subject: =UNDS APPROVAL/REVIEWED FOR CONTRACT AQQ16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQQ16 Contract Type: Method of Procurement: Vendor Name: COLLIER COUNTY B Vendor ID: VF596000558004 Beginning date of this Agmt: 10/01/12 Ending date of this Agmt: 12/31/17 ******************4:4:4:*i.*Y.******4 *444*4*4,4**4***4K*******4****,Y444*4*4K** ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS *******************4•4t*,,t******* **,, NI Y****V4_***4'*****.**,KY:*************** Action: ORIGINAL Funds have been: APPROVED 55 012020129 "PT *750010 * 888278.00 *41013918401 *680 * 2013 *55100100 *088774/13 0001 *00 * *0001/04 TOTAL AMOUNT: *$ 888,278.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 07/31/2012 Please provide us your feedback on the Contract Funds Management System. A survey is available at the following link: http://cosharepoint.dot.state.fl.us/sites/OOC/FPM/CFM/default.aspx under the Surveys tab. Thank you in advance for your time! r1CJ [ri CA- 1?-/ IOC (� �y 11 / 13 1604 Martha S. Vergara From: TeachScott <ScottTeach @colliergov.net> Sent: Tuesday, October 02, 2012 12:14 PM To: Martha S.Vergara;Althouse, Tammy Subject: RE: FYI - Address (Agenda Item #16D4) 9/25/2012 BCC Meeting Thanks Martha. I had emailed Yousi to have FDOT change the address on that JPA last week. It helps to have back-up. Scott R.Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 Office of the County Attorney,3299 East Tamiami Trail,Suite 800, Naples, FL 34112 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing, From: Martha S. Vergara jmailto:Martha.VergaraCa�collierclerk.com] Sent: Tuesday, October 02, 2012 11:15 AM To: TeachScott; AlthouseTammy Subject: FYI - Address (Agenda Item #16D4) 9/25/2012 BCC Meeting Hi Scott and Tammy, This is just an FYI, the post office has contacted our office regarding our address change; on the agenda item referenced above (DOT—Public Transportation JPA— Project#41013918401; Contract#AQQ16) the 3301 address for the Board is on the first page. I called Yousi and let her know as well, she said she is sending a memo with the contracts. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(u�collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com 1 . 6D 4 quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 2 1604 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Page 1 of/14 Financial Project Number(s): Fund: 010 FLAIR Category.: 088774 (item-segment-phase-sequence) 41013918401 Function: 680 Object Code: 750010 Federal Number: n/a Org. Code: 55012020129 Contract Number:AQQ16 DUNS Number: 076997790 Vendor No.: F596000558004 CFDA Number: n/a CSFA Number:55010 THIS AGREEMENT, made and entered into this /jpth day of D r, V (20/;L_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3299 East Tam iami Trail, Naples, Florida, 34112 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2017 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH : WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.052 Florida Statutes, to enter into this Agreement. 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 for the Department's participation through the State Transit Block Grant Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation services and as further described in Exhibit(s) A,B,C,D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 160 4 725-030-08 PUBLIC TRANSPORTATION 08/11 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"attached hereto and by this reference made a part hereof this Agreement,with all practical dispatch,in a sound, economical,and efficient manner,and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State,and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement,the Agency will initiate and consummate,as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings,Contracts and Other Documents: The Agency shall submit to the Department such data, reports,records,contracts and other documents relating to the project as the Department may require as listed in Exhibit"C"attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is$ See Exhibit B . This amount is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this Agreement.The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of$ See Exhibit B as detailed in Exhibit"B",or in an amount equal to the percentage(s)of total cost shown in Exhibit"B",whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans,specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget(Exhibits A&B)at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is © is not applicable. If applicable,the Department may initially pay 100%of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ❑ is © is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed,at the Department's discretion, on or before the completion of the final project audit. 160 4 725030-06 PUBLIC TRANSPORTATION 06/11 6.00 Project Budget and Payment Provisions: Paaeaa,a 6.10 The Project Budget:A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records:The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account,and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation,all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to,or otherwise received on account of the project,which Department payments and other funds are herein collectively referred to as"project funds".The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds,or as approved by the Department. 7.30 Costs Incurred for the Project:The Agency shall charge to the project account all eligible costs of the project.Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs:All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls,time records, invoices,contracts,or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks,Orders,and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn.All checks, payrolls,invoices, contracts,vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and,to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits.The Agency further agrees to comply and cooperate with any inspections,reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General.The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general,the Auditor General,or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit"D"attached hereto and by this reference made a part hereof this Agreement. 1604 725430-06 PUBLIC TRANSPORTATION 08/11 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes,(see"Audits"below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations,or audits deemed necessary by FDOTs Office of inspector General (OIG)and Florida's Chief Financial Officer(CFO)or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds,the following annual audit criteria will apply: 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of 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 Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133,as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1.,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133,is not required. If the recipient elects to conduct such an audit,the cost of the audit must be paid from 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: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes,and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit"D"to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department,other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. • 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This indudes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550(local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1.,such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number, award number and year, and name of the state agency awarding it. 1z, 725-030-06 PUBLIC TRANSPORTATION 06/11 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings,appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department,the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations.of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.62 Part I of this agreement shall be submitted,when required by Section .320(d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow,Florida 33830 B. The number of copies required by Sections .320(d)(1)and(2),OMB Circular A-133,submitted to 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. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320(e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320(e)(2)and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow, Florida 33830 • 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, and any management letters issued by the auditor,to the Department at each of the following addresses: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow,Florida 33830 1 60 4 726-030-06 PUBLIC TRANSPORTATION 06111 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part Il of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation,District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow,Florida 33830 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part Ill of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation, District One Headquarters Office Modal Development/Public Transit,MS 1-39 801 North Broadway Avenue,Bartow,Florida 33830 5. Any reports, management letter,or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes,and Chapter 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee,the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department,or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records,together with supporting documents and records,of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency,the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 16n 41 725-030-08 PUBUC TRANSPORTATION 06111 Page 7 o114 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow, Florida ,FL, 33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account(as defined in Paragraph 7.10 hereof)to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired,submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property,and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof,or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project,the Agreement,or payments to the project; 8.23 Approval by Department:The Agency shall have taken any action pertaining to the project which,under this agreement,requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests:There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit"B." • 164 72503006 PUBLIC TRANSPORTATION 08/11 Page 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement,costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion,any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion,finally discontinues the project;or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph,the Agency shall proceed promptly to carry out the actions required therein which may Include any or all of the following:(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 Department such portion of the financing and any advance payment previously received as Is determined by the Department to be due under the provisions of the Agreement.The termination or suspension shall be carried out in conformity with the latest schedule, plan,and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time.The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters,or other material subject to the provisions of Chapter 119, F.S.and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project,and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made,the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls,records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department,the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds,including consultant, construction or purchase of commodities contracts or amendments thereto,with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23.The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. • 16jj4 PUBLIC TRANSPORTATION 08111 Page 90114 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency,where said project involves a consultant contract for engineering,architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act.At the discretion of the Department,the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants'Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise(DBE)Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26,as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients,and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race,color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 of seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions,Controls,and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project,the Agency shall not discriminate against any employee or applicant for employment because of race,age,creed,color,sex or national origin. The Agency will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, age,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 Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post,in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d,et.seq.),the Regulations of the Federal Department of Transportation issued thereunder,and the assurance by the Agency pursuant thereto. 13.30 Title VIII-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 USC 3601,et seq.,which among other things, prohibits discrimination in housing on the basis of race,color,national origin,creed, sex, and age. 1604 PUBLIC TRANSPORTATION 08!11 Page 10 of 14 13.40 Americans with Disabilities Act of 1990(ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102,et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project,with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's,director's or employee's spouse or child is an officer,partner, director, or proprietor or in which such officer,director or employee or the officer's,director's or employee's spouse or child,or any combination of them, has a material interest. "Material Interest"means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project,with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government,or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to,Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that It has not paid and, also,agrees not to pay,any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law,the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 1604 725-090-06 PUBLIC TRANSPORTATION 06111 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18,when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment.Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity:To the extent provided by law, the Agency shall indemnify,defend, and hold harmless the Department and all of its officers, agents, and employees from any claim,loss,damage,cost,charge,or expense arising out of any act,error, omission,or negligent act by the Agency,its agents,or employees,during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss,damage, cost, charge, or expense arising out of any act,error, omission, or negligent act by the Department or any of its officers, agents,or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency.The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14)working days and will Jointly discuss options in defending the claim.After reviewing the claim,the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation,settlement negotiations, and trial, If any. However, if only one party participates in the defense of the claim at trial,that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities,the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project.The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate.After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility,that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 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. 164 ' nso3o-o6 PUBLIC TRANSPORTATION De/11 Pape 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S.,are hereby incorporated: "(a)The Department, during any fiscal year, shall not expend money, incur any liability,or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract,verbal or written, made in violation of this subsection is 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 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years;and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2017 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural.All words used in the plural form shall extend to and include the singular.All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement:This Agreement may be simultaneously executed in a minimum of two counterparts,each of which so executed shall be deemed to be an original,and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal:The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment or modification of any federal contract,grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants,loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 16D4 725030-06 PUBUC TRANSPORTATION 06/11 Page 13 of 14 22.00 Vendors Rights: Vendors(in this document identified as Agency)providing goods and services to the Department should be aware of the following time frames. Upon receipt,the Department has five(5)working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 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 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S.will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one(1)dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment.The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the Department. The Vendor Ombudsman may be contacted at(850)413-5516. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination:An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity. 25.00 E-Verify Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract;and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 6p I 725-0330{6 PR101.4 TRANSPORTATION 0671 1 Pnva 14 el 14 Financial Project No(s).41013918401 Contract No. AQQ16 Agreement Date '0-1 to -- �a„ IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Fre ra► \NI' 1-P J• SIGNATORY(PRINTED OR TYPED) p LEGAL REVIEW It DEPARTMENT OF TRANSPOTATI W 001""�Ty (. SIGNATURE 1 DEPARTMENT OF TRANSPORTATION chair mn r- Director of Transportation Development TITLE TITLE ATTEST D • H `E BRRK, CLERK BY: ��tee' Attest e# to that i D signatiteCon. u to f indlirioney Deputy County Attorney 16 4 D Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ16 State Transit Block Grant Program EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners; 3299 East Tamiami Trail, Naples, Florida 34112, dated 10_1(D- a referenced by the above Financial Project Number. PROJECT LOCATION: Collier County, Florida PROJECT DESCRIPTION: The purpose of this project Agreement is to provide for the Department's participation, through the State Transit Block Grant Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this Agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the Agreement. If applicable, the eligible project period identified herein, may be extended by letter from the Department upon a written request from the Agency. The Department recognizes the necessity of, and allows, the Agency to provide public transportation services under this Agreement beyond its geographic boundaries for achievement of effective and efficient public transit services, and for public necessity and convenience. Exhibit A,Page 1 of 1 • 16g4 1 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ16 State Transit Block Grant Program EXHIBIT "B" PROJECT BUDGET (For Transit Multi-Year Projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners; 3299 East Tamiami Trail,Naples, Florida 34112,dated 10—10--1 referenced by the above Financial Project Number. Project Estimated and Programmed Budget: The Department has programmed the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit "C". This funding will be made available, annually, in the following manner: After the Agency has met all program requirements, the Department will encumber funds for that fiscal year and will advise the agency in writing of the amount of funding available and the beginning date when the Agency may incur eligible project cost. This notification must be signed by the agency and returned to the Department. Availability of any funds is subject to legislative approval. FY 2012/13 Local Funding(LF) (50%) $888,278.00 State Funding(DPTO) (50%) $888,278.00 Total $1,776,556.00 It is the intent of the Department to participate in the project to the level of Department funding encumbered and consistent with Section 341.052,F.S. Exhibit B,Page 1 of 1 1 6 I Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ16 State Transit Block Grant Program EXHIBIT "C" (For State Block Grant Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners; 3299 East Tamiami Trail,Naples, Florida 34112, dated 10-1()-1 referenced by the above Financial Project Number. REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty(50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue...funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S.,have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD)report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. Exhibit C,Page 1 of 3 16041..1 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ 16 State Transit Block Grant Program The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to FS 341.071 (2). A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl us/faconline/chapter14.pdf. The Department will allocate State Transit Block Grant Program funds as described in Section 341.052, F.S. OTHER REQUIREMENTS Safety Requirements Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the requirement of Paragraph 22.00 of this Agreement: 1. Required Submittal Time The Agency must submit an invoice to the Department within one hundred and twenty(120)days from the ending date of the eligible billing period covered by the invoice. Should the Agency not submit a correctly prepared and documented invoice within the proper time frame, the Department may deny payment of the Department's share of the invoice. 2. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 3. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Modal Development Office, of a properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within Exhibit C,Page 2 of 3 five (5)working days of receipt and return the invoice for corrections. 16 0 4 1 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ 16 State Transit Block Grant Program SECTIONS MARKED WITH AN "X" ARE APPLICABLE TO THIS AGREEMENT Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below, written approval is hereby granted for: X 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental contract. X 2. Other contracts less than $25,000 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. X 3. Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent (25%) change in total dollar amounts from one year to the next. X 4. Purchase of service contracts where the Agency will provide transportation service for a fee. Required Submittals SUBMITTAL/CERTIFICATION RESPONSIBILITY X Procurement Requests Agency X Safety Compliance Agency X Specifications Agency X Invoices Agency X Audit Reports Agency Annually During Life of Project Exhibit C, Page 3 of 3 • 725-030-06 • PUBLIC TRANSPORTATION 6 D 4 04,06 Page 1 of 1 Collier County Financial Project Number: 410139-1-84-01 Contract Number: AQQ 16 State Transit Block Grant Program EXHIBIT D FEDERAL AND STATE RESOURCES AND COMPLIANCE REQUIREMENTS This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,Department of Transportation and Collier County Board of County Commissioners; 3299 East Tamiami Trail,Naples, Florida 34112 , dated 10-1442-1 • FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program,provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: STATE RESOURCES State Agency Catalog of State Financial Assistance(Number&Title) Amount Florida Department of 55.010—Public Transit Block Grant Program $888,278.00 Transportation Compliance Requirements 1. Chapter 341.052,Florida Statutes 2. Chapter 341.07,Florida Statutes 3. All terms of Department Contract NOTE: Section.400(d)of OMB Circular A-133,as revised, and Section 215.97(5)(a),Florida Statutes,require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Exhibit D, Page 1 of 1 • 164 Davis, Julia From: The job FI989WMR Sent: Tuesday, July 31. 2012 3:26 PM To: Davis, Julia Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AQQ16 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQQ16 Contract Type: Method of Procurement: Vendor Name: COLLIER COUNTY B Vendor ID: VF596000558004 Beginning date of this Agmt: 10/01/12 Ending date of this Agmt: 12/31/17 *********************.*'*.*************4*****************************.KKK**** ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS *******************.*.***:****:*********************=************************ Action: ORIGINAL Funds have been: APPROVED 55 012020129 *PT *750010 * 888278.00 *41013918401 *680 * 2013 *55100100 *088774/13 0001 *00 * *0001/84 TOTAL AMOUNT: *$ 888,278.00 FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 07/31/2012 Please provide us your feedback on the Contract Funds Management System. A survey is available at the following link: http://cosharepoint.clot.state.fl.us/sites/OOC/FMO/CFM/default.aspx under the Surveys tab. Thank you in advance for your time! Co r ! e - 110C +-`, !7- 113 A6? G1 �