Agenda 05/12/2009 Item #16B 7
Agenda Item No. 16B7
EXECUTIVE SUMMARY May 12, 2009
Page 1 of 27
Recommendation to execute a Joint Participation Agreement between the Florida
Department of Transportation (FDOT) and Collier County for the Collier Area Transit
(CAT) Intermodal Transfer facility at the Government Center.
OBJECTIVE: To obtain BCC approval to execute the attached Joint Participation Agreement
(JPA) between the Florida Department of Transportation (FOOT) and Collier County for the
Collier Area Transit (CAT) intermodal transfer facility at the Government Center and a
resolution authorizing the Chairman of the BCC to sign the agreement, any assurances,
reimbursement invoices, warranties, certifications and any other documents which may be
required in connection with thi s agreement, and to authorize the Chairman to approve any budget
amendments to use grant dollars actually received for FY 2008/2009, 2009/2010 and 2010/2011.
CONSIDERATIONS: The Joint Participation Agreement is to fund the planning, design, site
development and/or construction expenses of a transit intermodal transfer facility for the Collier
Area Transit on property located at the Goverrunent Center. The program fund will be available
for fiscal years 2008/2009, 2009/2010 and 2010/2011. The project cost for the Intermodal
Transfer Facility is estimated at $2,600,000 which includes the land cost as well as design and
construction cost. On April 8, 2008 in Item 16B 12, the BCC approved 1.2 acres at the
Government Center for use as an intermodal transfer facility. The valuation of this land together
with in-kind services will be used as our 50% match for the Intermodal Development Program
Grant.
FISCAL IMPACT: The total estimated funds for this FOOT Intern10dal Development Program
Grant are $1,300,000 with a County match using land valuation in the amount of$I,019,000 and
in-kind services in the amount of $281.000.00. Intennodal Development Program Funds would
be awarded and reimbursed over FY 2008/2009, 2009/2010 and 2010/2011. It should be
recognized that the grant award reference above in the an10unt of $1 ,300,000.00 is a preliminary
number and project years may bc advanced or deferred subject to Lcgislative appropriation or
availability 0 f funds.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: Consistent with Objcctives 10 and 12 m the
Transportation Element of the Growth Management Plan.
RECOMMENDATION: That the Board authorize the Chairman of the Board of County
Commissioners to sign the Joint Participation Agreement, any assurances, reimbursements
invoices, warranties, certitications and any other documents that may be required in connection
with this agreement and thc attached Resolution authorizing the Chailman to do so on behalf of
the Board.
~
In approving this item, the BCC is providing authorization to approve all necessary budget
amendments to receive and use these grant dollars including those incremental grant dollars
received above or below the target grant award. By providing this latitude, the BCC is
authorizing its Chairman to recognize by budget amendment actual grant revenue received
currently and as may be adjusted in the future and align expenses accordingly.
Prepared By: Glama Carter, Principal Pianner, Alternative Transportation Modes Dept.
Attachment: FOOT Joint Participation Agreement
RESOLUTION 2009-
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A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROY AL OF THE JOINT
PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION PERTAINING TO THE PLANNING, DESIGN, SITE
DEYELOPMENT, AND/OR CONSTRUCTION EXPENSES FOR THE COLLIER AREA
TRANSIT (CAT) INTERMODAL TRANSFER FACILITY TO BE LOCATED AT THE
COLLIER COUNTY GOVERNMENT CENTER AND AUTHORIZING THE
CHAIRMAN TO SIGN THAT AGREEMENT AT TIlE MAY 12, 2009, MEETING.
WHEREAS, at the May 12, 2009, meeting of the Board of County Commissioners the
Board approved a Joint Participation Agreement (the "JPA") with the Florida Department of
Transportation pertaining to the planning, design, site development, and/or construction expenses
for the Collier Area Transit (CAT) Intcrrnodal Transfer Facility to be located at the Collier
County Government Center (Financial Project No. 420353-1-94-01) and authorized the Board of
County Commissioners, through its Chairman, to enter into the jPA with the Florida Department
of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board provide a
resolution memorializing and confinning the Board's aforementioned affinnative vote to
approve the agreement and authorize thc Chairman to execute the jPA;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On May 12, 2009, the Board of County Commissioners approved by majority vote the
jPA (Financial Projcct No. 420353-1-94-01) and authorizcd its chairman, Donna Fiala, to entcr
into that agreement with FOOT.
A certified copy of this Resolution will be forwarded by the Collicr County Clerk to
FDOT along with the executed Agrccment.
This Resolution is hereby adopted after motion, second and majority vote this lib day of
May 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
By
DONNA FIALA, CHAIRMAN
By
Approved as to fonn
and Icgal sufficiency:
Scott R. Tcach,
Deputy County Attorney
~
Agenda Item No. 16B7
May 12, 2009
Page 2 of 27
5T/,Tf.' 01' FI.OIllDADEP/lR'rMENT OF TBAI~SPOl{rA"rrON
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
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Financial Project No.: Fund: 010 FLAIR Approp.: 088792
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420353-1-94-01 Eunction: 639 FLAIR Obi.: J5Q914._
(llClI1.segll1ent'[JhaSC-SeQucm;t:) Federal No.: N1A Org. Code: 55012020129
Contract No.: APF60 PUNS No.: 076997790 Vendor No.: F596000558004
CFDA Number: NIA CSF~ Number: 55014
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THIS AGREEMENT, made and enlered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred 10 as the Department, and Collier ~~~~Y_.!?oar~_~~.g?unty Commis.sioners
3301 Easl Tamiami Trail, Naples, Florida 34112
,_._ __._,________. ___..._m_____.___.__~.___.'_~._____...._._______..._ ,. __ ____._.0._...._..........._. "__'U . __._.,'_"._u______ .... ._..u.____ --..--.-...-.-------
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 12/31/2012
and tllis Agreement will expire unless a lime extension is provided
in accordance with Section 18.00.
WITNESSETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdlclion including
the implementation of an integrated and balanced transportation system and is authorized under
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Florida Statutes, to enter into this I--\greement.
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 {he Department's participation in the Agency's eligible costs related to the planning. design, site
development, and/or construction expenses of a transit intermodal transfer center for lhe Collier Area Transit on property
located at the Government Center.
and as further described in Exhiblt(s} A, S, C, and 0 attached hereto and by this reference made a part
hereof, hereinafter referred to as the proTecCahdto-provTCie-Oepartmental 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 compleled.
Agenda Item No. 16B7
May 12, 2009
Page 3 of 27
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2,00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the projecl 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,
noHce, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or \0 undertake the project hereunder, or to observe, assume or carry out any of lhe provisions of the
Agreement, the Agency will initiale and consummate, as provided by law, all actions necessary with respect to any such
mailers 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 lhe 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 10 the project as the Department may
require as listed in Exhibit "e" attached herelo and by this reference made a part hereof,
3.00 Project Cost: The lotal estimated cost of lhe project is $ See Exhibit B __._____ . This amount
is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof this
Agreement The Agency agrees to bear all expenses in excess of tl1e total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in {J,G project in the amount of $ See Exhibit B as detailed in Exhibit "8". or in an amount equal to the
percentage(s) of total project cost shown In Exhibit "8", whichever is less
4.10 Project Cost Eligibility: Project costs eligible for Stale parlicipation will be allowed only from the effective
date of Ihis 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 worl\ 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 incLlrred project costs up to an amount equal to its total share of participation
as shown In paragraph 400.
5.00 Retainage: Rctainage 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 retainag.eto--be disbursed, al the
Departmenl's discretion, on or before the completion of the final project audit.
Agenda Item No. 16B7
May 12, 2009
Page 4 of 27
6.00 Project Budget and Payment Provisions:
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6,10 Tile 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 sllaU 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 Deparlment pursuant to Ihis Agreement and all other funds provided ror, accruing to, or
otrlerwise received on account of the proJect. which Department payments and other funds are herein collectively
referred to as "project funds". The /-\gency 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 Stale 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 tile 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 \0 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 offlce of the Agency staling in proper detail the purpose for which such check or order is drawn. AI! 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, I~ept 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 shaH retain
sufficient records demonstrating its compliance with the terms of this Agreemenl for a period of three years from the date
the audit reporl is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not llmil the authority of the Department to conduct or arrange for tile conduct of additional
audits or evaluations of stale 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 "0" attached hereto and by
this reference made a part hereof this Agreement.
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:
Agenda Item No. 16B7
May 12, 2009
Page 5 of 27
7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular Aw 133 and Section
215.97, Florida Statutes, (see "ALJdits" below), monitoring procedures may include, but not be limited to, on-site visits by
Deparlmenl staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the
evenl 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 10 comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
/25-030.06
"UUl.IC TR/'NSPORTATlON
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Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program~specific audit conducted ;n accordance with the provisions of OMB Circular A-133, as revised.
Exhibit "0" to this agreement indicates Federal resources awarded through the Department by lhis 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 c!elerminalion of amounts of Federal awards expended
should be in accordance With the guidelines established by OMS Circular Av133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circlllm A-133. as revised, will meet the
requirements of ttlis part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requiremenls relative to audllee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Parll, Paragraph 1., an audit conducted in accordance with the
provisions of OMS Circular A~133, is not required. If the recipient elects 10 conduct such an audit, the cost of the audit
must be paid from resources obtained from other than Federal entities.
4. Federa! awards are \0 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 11 State Funded: If the Agency is a nonstale entity as defined by Section 2'!5.97(2)(m), Florida Stalules, and
a recipient of state funds, ll"Je following allnual audit criteria will apply:
1. In the event that the recipient expends a total amount of stale 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 (Ioca! governmental entities) or 10.650 (nonprofit and for-prom organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
delermining the state financial assistance expended in its fiscal year, the recipient shaH consider all sources of stale
fmancial assistance, including state financial assistance received from the Department. other state agencies, and other
nonstate enWies. 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 11, Paragraph 1., the recipient shall ensure that the
audit compiles with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting paCkage as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10,550 (iocal governmenlal entitles)
or 10.650 (nonprofit and for-protit organizalions), Rules of tM 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 nonslate
entities.
4. State awards are to be identified using the Catalog of Stale Financial Assistance (CSFA) tilJe and number,
award number and year, and name of the state agency awarding H.
Agenda Item No. 16B7
May 12, 2009
Page 6 of 27
725.030-06
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Pi:lrt III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audrt 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 slate financial assistance or limit the authority of any other
slate official.
Part IV Report Submission
1. Copies of reporting packages for audits conducled in accordance with OMB Circular A-133, as revised, and required
by Section 7.622 Part I of this agreement shall be submitted, when required by Seclion ,320 (d), OMS 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:
'P-!orida DCpClrlment of'I'ranSpoltatlon, District One Hcadquarlcrs
OHice Modal Development Il'ublic Transit, MS 1-39
.XOl Norlh Broadway Avenuel BnJ'tow, FL 33830
B. The number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10lh Street
Jeffersonville, IN 47132
C Other Federal agencies and passMthrough entities in accordance wjth 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 ParI I of this Agreement and
conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons
pursuant 10 section ,320 (e){2), OMS Circular A-133, ihe 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 ofTransp011ation, District One Headqllarters
Office Modai Developmeni Il'ublie Tronsit, MS 1-39
801 North Broadway Avcnue! Barlow, FL 33830
In addition, pursuant to Section ,320 (f), OMS Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320 (c), OMS Circular AM133, and any management letters issued by the
auditor, \0 tile Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal Developmcnt IPublie Trun,it, MS 1-39
801 North Bromiway Avenue! B<ll'IOw, FL 33830
Agenda Item No. 16B7
May 12, 2009
Page 7 of 27
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3. Copies of financial reporting packages required by Section 7.62 Pari II of this Agreement shall be submitted by or on
behalf of Ihe recipient directly to each of the following:
A. The Department at each of the following addresses:
!:!oridn Dcpi1nmCJll (lj"lnmsporl;ll ion, District One ]'lcadqullrlCrS
Office Modal J)CVC]Oj)IllCJll /Public Trilllsit, \1S I ~J9
SOl N011h BroildWtlY Avcllul.:/ Bi1flow, FL 3Jg30
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 managemenllelter required by Section 7.62 Part III Of this Agreement shall be submi1ted by
or on behalf of lhe recipient directly to:
A The Department at each of the following addresses:
r:-!oricl,1 Department ofTr811Sporl<ltiol), District One Hctldqu8rtcrs
Offlcc Modal Deve!opmcnt /Public Transit, MS 1-39
SOl North Brondw<ty Avenue! BClrlow, FL 33830
5. Any reports, managemenlletter, or other information required \0 be submitted to the Department f)ursuant tothls
Agreement shaJl be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapier 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit mganizations), Rules of the Audilor
General, as applicatJ)e
6. Recipients, when submitting financial reporling pacf;ages to the Department for audits done in accordance with OMS
Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate (he date that the r.eporting package was delivered to tile 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 audil 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 Deparlment, or its designee, the CFO. or Auditor Genera)
upon request for a period of at least five years from the date the audit repon is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significan! audit findings related to any award, including
materia! noncompliance with individual projec! 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 lake
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification thallhe Agency has and
will maintain the abilily to repair or replace any project equipment or facilities in the event of loss Dr 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
facHi1ies, the Agency shalf 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 construclion of infrastructure
such as airport runways the Deparlmenl may waive or modify this seclion,
Agenda item No. 16B7
May 12, 2009
Page 8 of 27
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8.00 Requisitions and Payments:
8;10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Deparfment
of Transportation, District One Public Transporlation Office 801 North Broadway Avenue, Bartow , FL,
33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to
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 s~lall 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 [he Agency certifying that the appraisal and acquisition of the real property
together with any altendan1 relocation of occupants was accomplished in compliance wi!!") all
federal laws, rules and procedures required by any federal oversight agency and with all stale
laws, rules and procedures that may apply 10 the Agency acquiring the real property.
8.20 The Department's Obligations: Subjectlo other provisions hereof, the Department wlll 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 wriling 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 therewilh or
pursuant hereto;
8.22 litigation: There is tl1en pending litigation with respecllo tile performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments 10 the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which. under
this agreement, requires the approval of 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 \0 the
project suspends or terminates federal financial assistance to the project. \n the event of suspension or termination of
federal financial assistance, the Agency wlll reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "8."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude aU projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latesl
approved budget for the project, and costs attributable to goods or services received under a contrac1 or other
arrangements which have not been approved in writing by the Department.
Agenda Item No. 16B7
May 12, 2009
Page 9 of 27
n~.030-(I(;
PlJIlllC TIMN::iP;:.lRT^ll()N
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed 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 Ihe Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
lhe 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 ils
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 promplly 10 carry out the actions required lherein
which may include any or all of the foHowing: {1} necessary action to terminate or suspend, as the case may be. project
aclivities and conlracts 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 othervvise 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 Depar{ment to be due under the
provisions of Ihe Agreement. The termination or suspension shall be carried out in conformity with the IDtest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by lhe Department
upon the failure of the Agency \0 furnish the schedule, plan, and budget within a reasonable time. The approval of a
remittance by the Agency or the closing oul of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may oltlervvise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancellhis Agreement for refusal by the contraclor
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 tile project account is made, the
Agency shall remit 10 the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require i1s contractors 10 permit, the
Department's authorized representatives to inspecl all work, materials, payrolls. records; ami to audit the books, records
and accounts pertaining to the financing and developmenl of the pr-oject
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as othel'\oVise 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 wilh respect to the project without the wrillen approval of the Department. Failure to obtain such approval shall be
sufficienl cause for nonpayment by Ihe Department as provided in Section 8.23. The Department specifically reserves
unto itself the right 10 review the qualifications of any consultant or contractor and to approve or disapprove lhe
employment of the same.
Agenda Item No. 16B7
May 12, 2009
Page 10 of 27
n~,030.06
PUOlIC TRANSI'OlnATION
OGI01
Pa~~!lol H
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'contracl
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chap1er 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, tile Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE} Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in pan with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, rwve the maximum opportunity to participate in the performance
of contracls and this Agreemenl. In this regard, all recipients, and contractors shall lake all necessary and reasonable
sleps 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 as~isted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the currying out of any project, the Agency shall
not discnminatG against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take ,-1ffirmative action to ensure that applicanls 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 adverlising;
layotr or terminalion; rates of payor other forms of compensation; and selection for training, including apprenticesl1ip.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all ils
contracts in connection vl"ith the development or operation of the projecl, 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 commercia! 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 Vlll- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitules 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.
13.40 Amaricans 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 Ihereunder, and the assurance by the Agency pursuant thereto.
Agenda Item No. 16B7
May 12, 2009
Page 11 of 27
n~.QJO-06
PUflUC TlWJSI'OHT,,110N
06'07
r'~lJ'!! 1001 14
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 Ihe
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 lotal 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 properly included Of
plcmned to be included in the project, with any person or enlJly who W[lS 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 rales for which are fixed or controlled by the government. or any
agreemenl between the Agency and an agency of stale government.
13.60 Interest of Members of, or Delegates to, Congress: I',Jo member or delegale to lhe Congress of the
United States shalt be ad milled 10 any share or part of lhe 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 jn conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the even! of non-compliance
with appJicableenvironmental regulations, including the securing of Ztny applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: TIle Department shall not be obligated or liable hereunder
to any party other than Ihe Agency.
14.30 When Rights and Remedies Not Waived: In no event shall nle making by the Deparlmenl of any
paymen! to the Agency constitute or be construed as a waiver by lhe Department of any breach of covenant or any
derauH which may then 8):i5t, on the part of the Agency, and the mGlking of such payment by the Department while any
such breach or default shall exisl sholl in no way Impair or prejudice any rlgllt or remedy available to the Department Witrl
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 requjrements 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 tlCreunder.
14.60 State or Territorial Law; Nothing in the Agreement shall require Ihe Agency to observe or enforce
cornplionce with any provision thereof, perform any other act or do any other lhing in contraven1ion of any applicable Stale
law: Provided, that if any of lhe 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 t11at the Agency may proceed as SOOl1 as possible with the project.
Agenda Item No. 16B7
May 12, 2009
Page 12 of 27
72~-O:;UOO
f'lJI-lUC l'fl/\N:'ol'ornMION
0'"''
p,,':/<I t 1 of 1~
14.70 Use and Maintenance of Project Facilities and Eqllipment: 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 \0 maintain the project facilities and equipment in good worldng 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 Pari 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 Us replacement with like facility or equipment for public transportation use, the
Agency wiH comply with the terms of 49 CFR Part 18 relating 10 property management standards_ The Agency agrees to
remit to the Deparlment a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on Ihe 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 oul of any act, error, omission, or negligent act by the Agency, its agenls, or employees, during Lt)e
performance of the Agreement, except that neilher 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 lhe
performance of services required under this Agreement, the Department wlll immediately forward the claim to the
Agency. The Agency and the Department will evaluate the claim and report their findings 10 each other within fourteen
(1t1) working days and willjoin\1y discuss options in defending the claim. Atter reviewing the claim, the DepJrtnicm! will
delermine whether to require the participation of the Agency in the defense of the claim or to require Blat the Agency
defend the Department in such claim as described in this section. Trle Department's failure 10 promptly notify the Agency
of a claim shall not acl as a waiver of any rignt herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each PDY 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 Irial.
15.00 Plans and Specifications: In tlle event that this Agreement involves the purchasing of capital equipment
or the construcOng 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 wrilten approval with any approved portions of the project and comments or recommendations concerning any
rernninder of the project deemed appropriale. After resolution of tl1ese comments and recommendations to the
Deparlmenl'S satisfClclion, the Department will issue to the Agency written approval WIth said remClinder of lhe project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
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 wilh applicable plans and specifications, is in ptace on the Agency
facility, thai adequate title is in the Agency and that the projecl is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17,10 The State of Florida's perforrm.mce and obligalion to pay unde( this Agreement is contingent upon an
annual appropriation by the Legislature.
Agenda Item No. 16B7
May 12, 2009
Page 13 of 27
1:l~.OJO.()G
punl.lC lItr'I~~PU!nr,TION
(lBf07
P,'g01'of14
17.20 Multj~Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for 8 period
of more than one year, the provisions of Chapter 339.135(6){a), F.S., are hereby incorporated: "(a) The D0~artment.
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 {he comptroller or [he Depar[rnentlhal funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevenlthe
m8king 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 Ihis paragraph shall be incorporated
verbalim in all conlr<lcls of the Department w~lich arc for an amounl in excess of 25,000 dollars and w~lich have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
12/31/2012 If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
Q.i~:~!._.?_'::'i.~J~_!L9.~"His~!1er D~~!~"~_...__~_~_.._.___._,,___. Expiration of this Agreement will be considered termination
or the project and the procedure established in Section n,oo of this Agreement shall be initialed.
18.10 Final Invoice: The Agency must submit the final invoice on this project 10 the Department within 120 days
after the expiration of Ihis Agreement. InVOices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: A/I words used herein in the singular form shall extend to and include: lI'Je plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender sllaJ! 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
consti1ute onc in the SClmc instrument.
2'1.00 Restrictions on Lobbying:
21.10 Federal: The /-\gency agrees that no federal appropriated funds have been paid or will be paid by or on
bel.lalf of the Agency, to any person for influencing or attempting to inFluence any officer or employee of any federal
agency, a Member of Congress, Dn 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 granl, the making of any ledera/loan, the
entenng into of any coqperalive agreement. and the exlenslon, continuation, renewal, amendment or modification of any
federal contract. grant, loan or cooperative agreement.
If any funds oHler thar, federal appropriated Lmds have been paid by the Agency to any person for influencing or
Elltcmpling 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 conneclion with this Joint Participation Agreement, ltle
undersigned shall complele and submit Standard Form~LI..L. '.Disclosure Form 10 Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language or this section be included in the award documents for all subawards at all
tiers (including subcontmcts, subgrants, nnd contracts uncler gronts, 10<1ns nnd cooper<ltive ngrcerncnts) and Ihi:ll all
subreciplenls shall certify and disclose accordingly.
21.20 State: No funds received pursuanllo this contract may be expended for lobbying the Legislature or a state
agency.
Agenda Item No. 16B7
May 12, 2009
Page 14 of 27
12:>.030-($
1"IlI\lJC "fll^I~5"O"T/dION
0;;/0/
Page 130114
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services 10 the
Department should be aware of the following time frames, Upon receipt. the Department has five (5) worl<ing days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies olhervvise.
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 dale 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 penally in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to 1I1e invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, CIS defined by rule. lnteresl penalties of less Ihan one (1) dollar will not be enforced unless the Agency
n~quests payment. Invoices which have to be returned to an Agency because of vendor preparalion errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided 10 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 poyment(s) from the
Deparlment. The Vendor Ombudsman may be contacted at (8S0) 413~5516 or by calling the Department of
Financial Services Hotline, 877-693~5236.
23.00 Public Entity Crime: A person or affiliale who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a conlract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public enlity for lhe 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 (} contract with any public entity, and may not tmnsact business wiH1 any
publiC entity in excess of the U-Heshold 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 lis! may not submit
a bid on a contracllo provide any goods or services \0 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 worl~, may not submit bids on leases of real property to a
pUblic nntity. may not be awarded or perform worh as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity_
Agenda Item No. 16B7
May 12, 2009
Page 15 of 27
1~~.03Q.06
f'iIllUC H<I\NSI'OR.TJ\lION
""'''
P"\JcHofH
Financial Project No.
Contract No.
420353-i-94-01
/\PF60
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FDOT
Collier County, BCC
AGENCY I'-IAME
See a1tached Encumbrance Form for dale of Funding
Approval by Comptroller
Donna Fiala
SIGNATORY (PRINTED OR TYPED)
LEGAL REVIEW
DEP'ARTMENT o~. TRANSPORTATION
SIGNA lURE
DEPARTMENT Of' TRANSPorUAllON
Chairman
l~iTlE-'-'-"----
.._----_....,.,_.".~-_.._------_._--------------
}2_!!..~,~.~.~)_~: _(.lL' ..r,~~~.r:~J?~;~...~{.\.l.J.() ~1__~.?~.:'.~, 1_~!J?::1.~1.1 ~._
TIn.E
ArrEST
DWIGHT E. BROCK. CLERK
BY:
~.hi;r;ll -.
It ~ '1 C4W, AUGneJ
~
Agenda Item No. 16B7
May 12, 2009
Page 16 of 27
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intcrmodal Hub
EXffiBIT "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 the Collier Countv Board of Countv
Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112, dated
PROJECT LOCATION:
Property located at the Government Center in Collier County, Florida.
PROJECT DESCRIPTION: To provide for the Department's participation in the Agency's
eligible costs related to the planning, design, site development, and/or construction expenses of a
transit intermodal transfer centcr for the Collier Area Transit on propcrty located at the
Government Center.
ELIGIBLE PROJECT PERIOD: The eligible project period for this Agrccment is its date of
execution as stated in this Agreement and in this Exhibit, through the expiration date of this
Agreement, as stated in this Agreement.
SPECIAL CONSIDERA nONS BY AGENCY:
1. 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 fiscal year of award, contract number,
Financial Project Number, Catalog of State Financial Assistance title and number, and the
Catalog of Federal Domestic Assistance title and number, whcre 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.
2. Project related issues in which the contract documents allow for alternates or options and
rcquire decisions which dircctly and significantly affect the quality or function of the
project and are not exprcssly addressed in the contract documents, must he approved by the
Department.
3. The Agency shall provide a presentation sign to inform the puhlic of the project. The
design and location of the sign shall be approved by the Department prior to advertising the
project for bids. The sign shall be erected prior to the start of project construction and
remain in place until project completion,
Exhibit A, Page I of 3
"
Agenda Item No. 16B7
May 12, 2009
Page 17 of 27
SPECIAL CONSIDERATIONS BY DEPARTMENT:
I. When nccessary, the Agcncy may provide writlcn 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, notwithstanding Section "h)" in
"Miscellaneous Provisions" in this Exhibit A.
2. If applicable, the eligible project period identified in the Project Description shown above,
may be extended by letter from the Department upon a writlen request from the Agency.
3, Special Provisions for Disposal of Facility or Cessation of Utilization
a,) The Agency agrees that the facility in which the Department is participating through
funding provided in this agreement will have a useful life term of 20 years from the
date the facility is first placed in operation.
b.) It is recognized that should the facility be located on property not owned by the
agency, it may not provide a useful life of typical length for the project facility. Prior
to disbursement of Department funds for any costs on the project, the Agency shail
produce a Capital Depreciation Schedule for Department review and approval. The
schedule shall be based on a twcnty year useful life for the project and shall identify
rcpayment values calculated by straight-line depreciation over the twenty year period.
c.) In the cvent that the project cannot remain on site or be utilized for its intended
purpose, the Agency shall provide funding for a facility or project of similar purpose,
subject to Department approval, within the operating area of the agency for public
transportation use in an amount equal to that identified in thc schedule, bas cd on the
remaining useful life at that time. Such funding shall not consist of nor include any
state funds. Alternately, the Agency shall have the option to rcimburse this amount to
the Department.
MISCELLANEOUS PROVISIONS:
Projects off of the State Highway System shall comply with:
a) Section 287,055, F.S. Consultants' Competitive Negotiations Art.
b) FOOT Project Development and Environmental Manual.
Exhibit A, Page 2 of 3
'.
'.
Agenda Item No. 16B7
May 12, 2009
Page 18 of 27
c) Manual of Uniform Minimum Standards for Dcsign, Construction and Maintenancc for
Streets and Highways, State of Florida, 1994 Edition. Green Book.
d) Manual on Uniform Traffic Control Devices, 1988 Edition.
e) Florida Statutes regulating acquisition of right-of-way for transportation facilities,
including, but not limited to Chaptcrs 73, 74, 287, 336, 337, and 339 F,S,
I) Title 23, Code of Federal Regulations, Chapter I, Subchapter A, Part I, Scction 1.23
and Subchapter I-I, Part 710, Subparts 13, C & D, as applicable.
g) Any and all updated versions of items identified in "a)" through "I)," inclusive. above.
h) The Department and the Agency concur to explore through discussions at a datc
subsequent to the effective date of this Agreement, the inclusion of an Agency in-kind
contribution to this Agreemcnt in relation to thc Fiscal Years 2008/09, 2009/10, and,
2010/11 Departmcnt funds in this Agrecment.
i) The Agency shall comply with all state and federal rules and regulations during thc
design and construction phases of the Intermodal Transfer Station in Coil ier County.
Exhibit A, Page 3 of 3
'.
Agenda Item No. 16B7
May 12, 2009
Page 19 of 27
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center lntcrmodal Hub
EXHIBIT "B"
PROJECT nUDGET
This exhibit forms an inlegral part oftl1at certain Joint Participation Agreement between the Slate of
Florida, Department of Transportation and the Collier County Board of COlin tv Commissioners. 3301
East Tamiami Trail. Naples. Florida 34 i 12, dated
I.
PROJECT COST:
$2,600,000.00 .
TOTAL PROJECT COST:
$2,600,000.00
II. PARTICIPA TlON:
Maximum Federal Pal1icipation
FTA, FAA
Agency Participation
In-Kind.
Cash
Oth er* *
(N/A%) or
$0.00
(Ii%)
(0%)
(39%)
$28 I ,000.00
$0.0
$1,019,000.00
Maximum Department Pal1icipation~
Primary
(DS)(DDR)(DIM)(PORT)
Federal Reimbursable (DU)(FRA)(DFT A)
Local Reimbursable (DL)
(50%) or
(N/A%)or
(N/A%)or
$1,300,000.00
$ 0.00
$ 0.00
TOTAL PROJECT COST
$ 2,600,000.00
Ill. MULTI-YEAR OR PREQUALlF]ED PROJECT FUNDING
If project is a multi-year or prequaiified project subject to paragraphs 4.10 and 17.20 of this
agreement, funds are programmed in the Depm1ment's Work Program in the rollowing fiscal
year(s):
2008/09
2009/10
201011 I
Totai:
$ t34,400.00 Inlermodal Program funding
$ 864,000.00 Intermodal Program funding
$ 30] ,600.00 Intermodal Program funding
$] ,300,000.00
Project years may be advanced Dr deferred subject to Legislative appropriation or availability offunds.
*In-kind: - County's Facilities personnel and Aiternative Transportation Modes (A TM) administrative time
through the procurement, design, and construction phases of the project.
..Olher - real property value.
Exhibit B, Page i of I
"
"
Agenda Item No. 16B7
May 12, 2009
Page 20 of 27
Financial Management Project Number: 420353-1-94-01
Contract Number: ^ 1'1'60
Collier: Government Center Intermodal Hub
EXHIBIT C
This exhibit forms an integral part of that certain Joint Participation Agrcement between the
State of Florida, Department of Transportation and the Collier County Board of County Commissioners.
3301 East Tamiami Trail. Naples. Florida 34] 12, dated
REQUIRED SUBMITT ALS/CERTIFICA TIONS/
COORDINATION AND BASIS FOR THEIR
ACCEPTANCE BY THE DEPARTMENT FOR
PROJECTS OFF THE STATE HIGHWAY SYSTEM
I. AGENCY CERTIFICATION IN LIEU OF PLANS AND SPECIFICATIONS REVIEW BY
DEPARTMENT
Joint Participation Agreement Paragraph 15,00, "Plans and Specifications", is hereby modified to
read:
"In the event that this Agreement involves the purchasing of capital equipment or the constructing
and cquipping of facilitics, the Agency shall submit to the Department for approval all appropriate
plans, spccifications, and contract documents covering the project. Thc Registcred Profcssional
Engineer of the Agency or their Consultant Engineering Firm shall certify in writing that the plans,
specifications, and contract documents wcre dcveloped in compliance with thc helow refcrcnced
"DESIGN DEVELOPMENT CRITERIA". The Department shall review the certification and, if
deemed acceptable, provide official written approval of the plans, spccifications, and contract
documents. Failure to obtain this written approval shall be sufficient cause for nonpayment by the
Department as provided in paragraph 8.23, Rcceipt of such approval shall not relievc the agency of
the responsibility for obtaining Department review and written approval for all third party contracts
as spccified in paragraph 12.10."
II. DESIGN DEVELOPMENT CIUTERIA
The plans, specifications, construction contract documents, and any and all other similar
engineering, construction, and contractual documents produced by the Engineer for the project arc
hereinafter collectively referred to as "plans" in this Exhibit.
1
Exhibit C
'.
Agenda Item No. 16B7
May 12, 2009
Page 21 of 27
Plans shall bc developcd in accordance with sound cngineering principles and applicable design
criteria, and with gcncrally acceptcd professional standards. Dcvelopment of the plans shall also
comply with all applicable laws, ordinances, zoning and permitting rcquircments, public notice
requirements, and othcr similar rcgulations that apply to the scope and location of the project.
Plans shall be consistent with the intent of the project as defined in the Joint Participation
Agreement, Section 1.00, "Purpose of Agreement", and Exhibit" A" of this Agreement.
III.
SUBMITTALS
CERTlFICA T10N/COORDlNA TJON
BASIS OF ACCEPTANCE
A. CONSULTANT SELECTION
Certification by the Agency's Attorney
of compliance with Section 287.055
Florida Statutes "Consultants'
Competitive Negotiations Act"
is required prior to cxecuting the
consultant agrccmcnt, as applicablc,
B, PRELIMINARY ENGINEERING
I.
Environmental Assessment/Permits
Ccrtification from the Agcncy's
Registered Professional Engincer
of compliancc with the requirements
of all Environmental Permitting
Agencies, as applicable,
Certification of Compliance with
Department Criteria and Policy
is required from the Agency's Registcrcd
Professional Engineer, as applicable.
2,
Design
Certification by thc Agcncy's
Registered Professional Enginecr of
compliance with criteria and policy
is required, as applicahle.
2
Exhibit C
,
Agenda Item No. 16B7
May 12, 2009
Page 22 of 27
c.
CONSTRUCTION
I.
Pre-Construction
The Agency shall provide to the
Department one (I) set of the design
plans, specifications and documents
certified by the Agcney's Rcgistered
Professional Engineer, as applicable.
2,
Construction
Certification of compliance with
criteria and policies is required from
the Agency's Registered Professional
Engineer, as applicable,
3.
Post-Construction
The Agency shall provide to the
Department certi fication by the
Agency's Registered Professional
Engineer of compliance with the
design plans, specifications,
environmental permits, documents and
the critcria and policy as applicable
IV. THIRD PARTY CONTRACTS
The Department must approve third party contracts pursuant to Paragraph 12,00 except that written
approval is hereby granted for:
x
A, Execution of contracts for materials from a valid state or intergovcrnmental
contract. Such materials must be included in the Department approved project scope
and/or quantities,
x
B. Other contracts less than $25,000,00 excluding engineering consultant
services and construction contracts. Such services and/or materials must be included
in the Department approved project scope and/or quantities.
x
C. Construction change orders less than $25,000,00. Change orders must be
fully executed prior to performance of work.
3
Exhibit C
· Agenda Item No. 1687
May 12, 2009
Page 23 of 27
V. REQUESTS FOR REIMBURSEMENT (INVOICE SUBMITTALS) IN ACCORDANCE WITH
SECTION 215.422 FLORIDA STATUTES AND THE REQUIREMENT OF PARAGRAI'H
22.00 OF TIIIS AGREEMENT:
I. Required Submittal Time
The Agency must submit the final invoice on this project to the Department within one
hundred twenty (120) days after the expiration date of the Joint Participation Agrcement.
Invoices submittcd after the 120 day time period will not be paid.
2. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and preparcd 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 scrvices receivcd under this agreement shall be approvedldisapproved 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 five (5) working
days of receipt and retorn thc invoice for corrections.
VI. SAFETY REQUIREMENTS
Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chaptcr ]4-90,
Florida Administrative Code, the Agency shall submit, and the Departmcnt shall havc on
file, an annual safety certification that the Agency has adopted and is complying with its
adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed
annual safety inspections of all buses operated.
VII. REQUIRED SUBMITTALS
S UBM ITTA L/CERTIF]CA TlO N
RESPONSIBILITY
Procurement Rcquests
Agency
Safety Compliance
Agency
4
Exhibit C
>.
Agenda Item No. 16B7
May 12, 2009
Page 24 of 27
Spccifications
Agcncy
Invoices
Agency
Audit Reports
Agency Annually During
Life of Project
Project Progress Reports
(In Departmcnt approved format)
Agency with Invoices
Life of Project
5
Exhihit C
~ .... -;
Agenda Item No. 16B7
May 12, 2009
Page 25 of 27
Financial Management Project Number: 420353-] -94-01
Contract Number: APF60
Collier: Government Center Intermodal Hub
EXHIBIT 0
STATE AGENCY: FDOT
CSFA #: 55.014
TITLE: State Intermodal Development program
AMOUNT: $ 1)00,000.00
COMPLIANCE REQUIREMENTS:
Allowed Activities:
Planning, design, site development, and/or construction expenses of a transit intermodal transfer
center for the Collier Area Transit on property iocated at the Government Center.
Allowable Cost:
See above.
EJigibilitv:
341.053(6) F.S. Projects that are eligible for funding under this program include major capital
investments in public rail and fixed-guideway transportation facilities and systems which provide
intermodal access; road, rail, intercity bus service, or fixed-guideway access [0, from, or between
seaports, airports, and other transportation terminals; construction of intermodal or multimodal
terminals; development and construction of dedicated bus lanes; and projects which otherwise
facilitate the intermodal or multimodalll1ovement of people and goods,
Matching:
The percentage of matching funds provided from the State Intcrmodal Development program
shall be 50 percent of project costs.
~
Page 1 of 2
Agenda Item No. 16B7
May 12, 2009
Page 26 of 27
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1687
Recommendation to execute a Joint Participation Agreement between the Florida
Department of Transportation (FOOT) and Collier County for the Collier Area Transit (CAT)
Intermodal Transfer facility at the Government Center, in an estimated amount of $1.300,000.
allocated over three fiscal cycles
Meeting Date:
5/12/2009 90000 AM
Prepared By
Glama Carter
Operations Analyst
Date
Transportation Services
Transportation Administration
4/29/20092:13:22 PM
Approved By
Michelle Edwards Arnold
Alternative Transportation Modes
Director
Date
Transportation Services
Alternative Transportation Modes
4/29/20096:56 PM
Approved By
Barbara LaPierre
Management/Budget Analyst
Date
Transportation Services
Traffic Operations
4/30/20092:29 PM
Appro\'ed By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/30/20094:07 PM
Approved By
Glama Carter
Operations Analyst
Date
Transportation Services
Transportation Administration
4/30/20094:30 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4/30/20094:39 PM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/1/20099:27 AM
Approved By
Marlene J. Foard
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
5/1/2009 10:02 AM
Approved By
County Attorney
County Attorney
County Attorney Office
Date
Jeff Klatzkow
5/1/200910:09 AM
Appro\'l'd By
Pat Lehnhard
Executive Secretary
Transportation SerJices Admin
Date
Transportation Services
5/1/20091:21 PM
Appro\'ed By
Mark Isackson
Budget Analyst
Date
file:IIC:\AgendaTest\Export\ 129-May%20 12,%202009\ 16.%20CONSENT%20AGENDA \16... 5/6/2009
County Manager's Office
Page 2 of 2
Agenda Item No. 16B7
May 12, 2009
Page 27 of 27
Office of Management & Budget
5/2/2009 11 :49 AM
Approved By
Leo E. OChs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/2/200912:07 PM
file://C:\AgendaTest\Export\ 129-May%20 12.%202009\ 16,%20CONSENT%20AGENDA \ 16.., 5/6/2009