Backup Documents 05/12/2009 Item #16B 7
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIP16 8 j7
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 be hand delivered to the Board Office. The completed routing slip and original
documents are to be fOIwaroed to the Board Otlice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc tion of tile Chairman's si ture, draw a line throll h routin lines #\ throu h #4, co lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in routin order
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4. Scott R. Teach, Deputy County Attorney County Attorney s: 05/12/09
5. Sue Filson, Executive Manager OMB
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee 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 BCe oftice only after the BCC has acted to approve the
item.
Name of Primary Staff Glama Carter Phone Number 252-5832
Contact
Agenda Date Item was 05/12/09 Agenda Item Number 16-B-7
A roved b theBCC
Type of Document Public Transportation Joint Participation Agreement Number of Original Resolution - 1
Attached And Resolution ~ _ \ Documents Attached A reement - 3
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate.
I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the
Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe
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 arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or SRT
the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT
initials are r uired.
5. In most cases (some contracts are an exception), the original document and this routing slip should be
provided to Sue Filson in the BCC office within 24 hours of Bee approval. Some documents are
time sensitive and require forwarding to Ta1Jahassee within a certain time frame or the BCC's actions
are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on Mav 12. 2009 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's Office has
reviewed the chan es, if a Iicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS OriginaI9.03.04, Revised 1.2b.05, Revised 2.24.05
<<matter _numbemf<<document_ numben,
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MEMORANDUM
Date: May 14, 2009
To: Glama Carter,
Principal Planner-CAT
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Public Transportation Joint Participation Agreement
and Resolution 20009-119
Enclosed please find one original document as referenced above, (Agenda Item
#16B7), approved by the Board on Tuesday, May 12, 2009.
Please forward the fully executed document referenced above to the Minutes
and Records Department to be kept in the Boards official records.
If you should have any questions, please contact our department at 252-7240.
Thank you.
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~" 168 -'7
Florida Department of Transportation
CHARLIE CRIST HOt :\'OIUI/ BROADWAY AVENI'E STEI'I/A:'<lIE C. KOI'EUWSOS
GOVERNOR BARTOW, FLOIUllA 33H30 SECllET.\llY
March 30, 2009
Ms. Michelle Arnold, General Manager
Collier County Government
Alternative Transportation Modes
2885 South Horseshoe Drive
Naples, Florida 34104
RE: New Joint Participation Agreement for the Department's Participation in Collier County's Collier
Area Transit Intermodal Hub at the Government Center:
Financial Project Number: 420353-1-94-01 / Contract Number: APF60
Fiscal Years 2008/09, 2009/10, and, 2010/11
Dear Ms. Arnold:
Enclosed please find four (4) original copies of this new Joint Participation Agreement (JPA) providing for the
Department's participation in the eligible costs related to the planning, design, site development,and/or
construction expenses of an intermodal hub for Collier Area Transit at the County Government Center.
t-Plea and return three 3 . . f the project Agreement in accordance with the
attached checklis 0 not date the Agreements. The fourth copy of the Agreement is for your records. I am
also enclosing a sample H.esolution for your convenience with respect to Department requirements.
Please note:
· Paragraph 8.30 of the Agreement, "Disallowed Costs." Do not incur any costs to this project until you
receive a fully executed Agreement from this office. Failure to comply with this provision is cause for
nonparticipation by the Department.
· Paragraph 18.10 in the Agreement, "Final Invoice." This paragraph establishes a time frame for
submitting the final invoice for the project.
· The Department's Joint Participation Agreement form dated June 2007 includes an Exhibit D, "Project
Audit Requirements."
..
If you require additional information or have any questions, please feel free to contact Ms. Julia B. Davis, AICP,
Transit Projects Coordinator, at (239) 461-4300, or at Julia.Davis@dot.state.fl.us.
Sincerely, rl~
I't~~
Tr 8 c m
/:'4- '7 D~cl M al Development Administrator
TWB/RPS/JBD/sbs
Enclosures: 6
cc: Norman Feder, AICP, Collier County
Glama Carter, Collier County
Phil Tindall, AICP, Collier County Metropolitan Planning Organization
Jeffrey R. Leopold, Florida Department of Transportation, Modal Development Officellntermodal Program
Trinity Caudill-Scott, Florida Department of Transportation, Southwest Area Office
Richard P. Shine, Florida Department of Transportation Modal Development Office/Public Transit
Julia B. Davis, AICP, Florida Department of Transportation Modal Development Office/Public Transit
www.dot.state.fl.lIs
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168'17
RESOLUTION 2009-11 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE JOINT
PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION PERTAINING TO THE PLANNING, DESIGN, SITE
DEVELOPMENT, AND/OR CONSTRUCTION EXPENSES FOR THE COLLIER AREA
TRANSIT (CAT) INTERMODAL TRANSFER FACILITY TO BE LOCATED AT THE
COLLIER COUNTY GOVERNMENT CENTER AND AUTHORIZING THE
CHAIRMAN TO SIGN THAT AGREEMENT AT THE 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 "JP A") with the Florida Department of
Transportation pertaining to the planning, design, site development, and/or construction expenses
for the Collier Area Transit (CAT) Intermodal Transfer Facility to be located at the Collier
County Government Center (Financial Project No. 420353-1-94-01) and authorized the Board of
County Commissioners, through its Chairman, to enter into the JP A with the Florida Department
of Transportation; and
WHEREAS, the Florida Department of Transportation requires the Board provide a
resolution memorializing and confirming the Board's aforementioned affirmative vote to
approve the agreement and authorize the Chairman to execute the JP A;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On May 12, 2009, the Board of County Commissioners approved by majority vote the
JPA (Financial Project No. 420353-1-94-01) and authorized its chairman, Donna Fiala, to enter
into that agreement with FDOT.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FDOT along with the executed Agreement.
1
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168 17
This Resolution is hereby adopted after motion, second and majority vote this 12th day of
May 2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWHJHTE.' BROCK; ~ERK :~LLItl=FJ~
DO A FIALA, CHAIRMAN
2
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ST/\1'E OF FI.Or,ID^ {)EPMn M[NT or Tl:y.,t-JSPCHrArrO~J 12:)-C30..(l6
PUBLIC TRANSPORTATION PUBUC TRAhSPORTATION
JOINT PARTICIPATION AGREEMENT Ofi,'(1'{
PJ9C j oj 1,,\
Fin8nc;al Project No.: Fund: 010 FLt-,IR Approp. '~~g~~~__..._,.__
-------..-------
420353-1.94.01 cunction 639 .-. FLAIR Obi. .!,_~QglL!...
(dem-sCHflwnl- pha sc.seq ucntu1" Federal No: N/A Org Code: 55012020129
----- _.
Contract No.. APFGO DU,\JS No.: 076997790 Vendor No.: F59600055BOO4
Cr:DA Number: N/A CSFA Number: 55014
.- -, - .~-..__.._. - ......--
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,
Ilereinafter referred to as the Department, and Collier County Board of COUllty Commissioners
-----..------------- '---.- ..,--._._----------_..~_.__.._..._-~---------_.-.--,..-
3301 East Tamiami Trail, Naples, Florida 34112
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hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before 12/31/20J.2 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
341.053
Floricla Statutes, to enter into this IAgreement.
[\jOW, THEREFORE. in consideration of the mutual covenants, promises and representations hemin, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
to provide for the Department's participation in the Agency's eligible costs related to the planning, design, site
development, and/or construction expenses of a transit intermodal transfer center for the Collie," Area Transit on property
located at the Government Center.
and as further described in Exhibit(s) A, S, C, and 0 attached hereto and by this reference made a part
hereof, hereinafter referred to as the pr6ject,ancfiOpr;)i,iTde'Oe'parfmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
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PUBLIC TRN.;SPOrHMION
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2.00 Accomplis hment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"Au 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, l'eferendum, 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 carlY 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 sLlch
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 sLlch data, reports, records, contracts and other documents relating to the project us 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 Ilereto and by this refr:H'ence made a part hereof this
Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project anci any deficits
involved.
4.00 Department Participation: The Depal'lment agrees to maximum participation, including contingencies,
in tile project in the amount of $ See Exhibit B as detailed in E>~hibit "8", 01' in an amount equal to the
-- percentage(s) of total project cost stlown in Exhibit "B", wllichever 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 Depal.tment's appropriation request in the worl, program year that the project is
scheduled to be committee!;
(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
ns shown in paragraph 4.00.
5.00 Retainage; r~etalnage 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 tile
Department's discretion, Oil or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions: f1i1gl~ 3d 1'1
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Depniiment.
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 otllerwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduied in the work program as of the date of the agreement. Payment will be made for
actual costs incurreel 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 fOI" 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 Agl-eemcnt 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 Agl"eernent and all other funds provided for, accruing to, or
otherwise received on account of the proJect, whicll Department payments and other funds are herein collectively
referred to as "project funds". Tile I-'.gency shall require depOSitories of project fuMs to secure continuously and fully all
project funds in excess of the amounts IIlsured 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 U"lC types and in tile manner
as prescribed by State Law for lhe security of public funds, or as approved by the Department.
"7.30 Costs Incurred for the Project: The Agency shall char"ge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or flttributable 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 propel"iy executed payrolls, time records, invoices, contracts, or
VOUCr1CrS 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 wilh 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 whicll such check 01' 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. Tile Agency shall retain
sufficient records demonstrating its compliance with tho 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 SUCr1 records and wo:'ldng papers upon request. Tile
following requirements do not limit the authority of the Department to conduct or arrange for tilt) conduct of additional
audits or evaluailons of state financial assistance or limit the authonty of any state agency inspector general, tile 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 tllis Agreement.
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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
Depmtment staff, limited scope audits as defined by OMB Circular A-133, and/or otller procedures. The Agency agrees
to comply and cooperate fully witll any monitoring procedures/processes deemed 8ppropriate by the Department. In the
event the Department determines that a limited scope audit of the Agency is appropriate, tile Agency agrees to comply
with any additionallllstructions provided by the Department staff to the Agency regarding such audit. The Agency rurther
agrees to 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:
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 agreemenl indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal yem, the recipient shall consider a1l sources of Federal awards,
including Federal resources received rrom tile Depar'lrnent. 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 witll the provisions OMB Circular A.133, as revised, will meet the
requirements or this pal't.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient srwll 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 Dudlt
must be paid fmm resources obtained from other Ulan Fedel'8/ entities,
<I. Federal awards are to be identified uSllig the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and yom, and name of the clwarding federal agency.
Part II State Funded: If the Agency is a nonstale entity as defined by Section 2'15.97(2)(rn), Flol'lda Statutes, and
a recipient of slate funds, the following allnual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to 01' 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 accol'dance
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
delermining 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 stale agencies, and other
nonstale entities. Slate financial assistance does not include Ff;deral direct 01' 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 sllall ensure that the
audit complies with the requirements of Section 215.97(7). Flonda Statutes, This Includes submission of a financial
reporting pacl\age as defined by Section 215.97(2)(e), Floriela Statutes, and Chapter 10.550 (local govemmental enlilies)
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 FlIlanclal Assistance (CSFAj title and number,
award number and year, and name of tile state agency awarding il.
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Part III Other Audit Requirements
-1. Tile I-\gency 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 I-equired. 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
,mange for the conduct of additional audits or evaluations of slate financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting pacl\ages for audits conducted in accordance with OMB Circular A-133, as revised, and required
by Section 7,622 Part I of this agreement shall be submitted, 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:
-r:!orid,,1 Department ofTrdl1Sporlation, District One Ilcadquarlers
Of'flce Modal Development IPublie Transi{, MS 1-39
SO I J\Orlh Bro,l(.1way ^vcnue/ 13artow, 1-'1. 33830
B. The number of copies required by Sections _320 (d)(1) ane! (2), OMS Circular A-133, submitted to the following
adell'ess
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance witl, Sections .320 (0) and (f), OMS Circular
A-133.
2_ In the event lhat a copy of the reporting package for an audit required by Section 7.62 Pari I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the D(~partrnent For reasons
pursuant to section .320 (e)(2). OMS Circular A'133. the recipient shall submit the required 'Nritten notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expendilures of Federal awards
direclly to each of the following:
Florida Department ofTranSpoliation, District One llcaclquarlers
Office Modal DcvelopnJCl1l/Public Transit, MS ] -39
801 North Broadway ^vel111cl Bartow, !:L 33830
In addition. pursuant to Section .320 (f), OMS Circular A-133, as revised, the recipient shall submit a copy of tile
reporting p8ckage described in Section .320 (e). OMB Circular A-133. and any management lelters issued by the
auditor, to tile Department at eacl; of the following addresses:
Florida Depetrtmcnt ofTr:msportatioll, District One Ilcadquat-ters
Office Modal Development iPublic Tt';ll1sil, M S 1-:19
SOl North I1ro,lcl\\'ay /\VCllUC/ Barlow, FI. :ns:w
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PUBI,IC "-nJ\HSPORTi\llON
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Page G of 1.;
3. Copies of financial reporting packages required by Section 7.62 Part II of this Agr.eernent shall be submitted by or on
behalf of the r-ecipient directly to each of tile following:
1\. The Department 3t each of the following addresses:
\-'I()rida DCp:lrlJl'JClll on mnsportallOl1, Disll.icl One 1kadqum'lc,'s
Office fvlocbl DcvC]Oj)111CI11 [\Ihlic TransIl. ;v1S 1-39
~W I N011h Bl"Oilclway Avenuci' BarlOW, I;L 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 lelter required by Section 7.62 PaJi III of this Agreement shall be submilted by
or on beilalf of the recipient directly to:
A. The Department at eacil of the following addresses:
Florida Department of Transportation, District One 1Icndqunrtcrs
Office Modal Development /PubJic Transit, MS 1-39
801 North Broaclway Avenue! Bartow, FL 33830
,- Any ,.eporls, management letter, or other information required to be submitted to tile Department pursuant to thiS
,) .
/\greernent shall be submilled timely in accordance with OMS Circular A-133, Section 215.97, Flor.ida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit ancl for-profit organizations), Rules of the Auditor
Goneral, as applicable.
G. Recipients, when submitting financial reporting packages to the Department for auclits done in accordance with OMS
Circulilr A133 or Chapters '10.550 (local governmental entities) or 10.650 (nonprofit and for-profit o'.ganizations).
r-~ules of \ile Auditor General, should indicate the date that tile ,.eporting package was delivered \0 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 perioej 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 C;eneral access to such records upon request The Agency silal/ enSLJ,.e that tile
independenl aucilt working papers are made available to the Department. or its designee, tile CFO, or Auditor General
upon request for a period of at least five years from the date tile audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
materia/ noncompliance with individual project compliance requirements or reportable conditions in Internal controls of the
Agency, tile 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.
7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
wili maintain tile ability to repair or replace any project equipment or facilities in tile event of loss or damage due to any
ilccident or casualty for the useful/ife of such equipment or facilities. In the event of tile loss of sucil equipment or
f<.lcd;!i, '" the /\gency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in 1118 Ius! equipment or facility. In 1he event lhis Agreement is for purchase of land or for the construction of infrastructure
<.,Jch as ail-port runways the Department may waive or modify this section.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency sllall rile with the Department
of Transportation, District One __, Public Transportation Office 801 North Bl'Oadway Avenue, Bartow , FL,
33830 its requisition on a form or forms pr'escribed by the Department, and any other data pertaining to
tile project account (as defined in Paragraph 7.10 liereof) to justify and suppor't the payment requisitions.
8.11 Invoices for fees or other' comp(~nsation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit t11ereof.
8,12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, FS,
The Department may establish rates lower than the maximum provided in crJapter 112.06'1, F.S.
8.13 For real property acquired, submit;
(a) the elate the Agency acquired the real property,
(b) a statement by tile 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 I'eal property
togetller with any attendant relocation of occupants was accomplished in compliance witll 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 tlcreof, the Deparlment 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 Dep8l'tment
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,
01' ('my supplement ther'eto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant Ilereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any or its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments 10 t1lO pmject;
8,23 Approval by Department: TI18 Agency shall have taken any action pertaining to the project which, unejer
t~lis agreement, requires the E1pproval 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 determinFld by the Department to be in default under' any of the
provisions of the Aoreement
8.26 Federal Participation (If Applicable): Any federal agency providing federal fi 11 zlIlcial 8ssistance to the
project suspends or terminates federal financial assistance to the project. In ttle event of suspension or lCHminalion of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financral assistance as detailed in Exhibit "B."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude (;]11 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
arran;jements which have not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting f!"Om an audit
or for worl, or services performed pur-suant 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 il has With tile Agency
owing SUCl1 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 tile Agency, suspend any or all of its
obligations under this Agreement until suell 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 I-eceipt of any final termination or
suspension notice undel- this paragraph, the Agency shall proceed promptly to carry out tile 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 tile 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 l)y the Department to be due under Il1e
provisions of the Agreement. The termination or suspension shall be carr-ied oul in conformity with the latest schedule,
plan, and budget as approved by the Department or upon the basis of terms and conejitlons imposed by tile DeparllTH"nt
upon the failure of the Agency to furnish the schedule, plan, and budgel 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 COllstitute a waiver of
any claim which the Department may olllervvise have arising out of tllis Agceement.
9:12 The Department reserves the right to unilaterally cancel this Agreement for refusal by [he contractor
or Agency to allow publiC access to all documents, papers, letters, or other material subject to IIle provisions of Chapler
1'19, F .S. and made or received in conjunction with 111is Agreement.
10.00 Remission of Pl"oj~)ct Account Upon Completion of Project: Upon cornpleticm of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from tile pl'Oject account is made, the
A~]ency Sl1311 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 alt work. materials, payroll~" f-ecords; and to audit the books, records
and accounts pertaining to the financing fmd development of the project
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise autllorized in writing by Ihe Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department jomt pflrlicipatlon
funds, including consultant, construction or purchase of commodities contracts or arnendment~; thereto, With any third
party Witl1 respect to 1he project without the written approval of the Department. Failure to obtain such approval shall be
sufficienlcause for nonpayment by the Department as proVided III Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor ane! to ilppl'O'/8 or disapprove the
employment of the same.
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12.20 Compliance with Consultants' Competitive Negotiation Act: It IS understood and agr'ood by U18 parties
hm(;to that parlicip8lion by the Department in a project with an Agoncy, where said pl'Oject involves a consullimtconlract
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 r\aS been accomplished in compliance with the Consult,mts' 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 part with Department funds under this Agl'eement. 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 Disadvantag~)d Business
Enterprises as defined in 49 eFR Part 26, as amended, have H1e maximum oppor1unity to participate in the performance
of contracts and this Agreement. in this regard, all recipients, and contractors shall take ali necessary and reasonablo
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises liave the
maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not
diSCriminate on tlie basis of mee, color, national origin or sex in the award and perlormance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Pal1 26 filed
under' this section to the Department within 30 days of receipt by the Agency.
13.00 I~estrictions, Prot1ibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection willl the carrying out of any project, the Agency shall
not discriminate againsl any ernployee or applicanl for employment because of !'ace, age, creed, color, S8>: or national
origin. The !\gency will take affirmative action to ensure tliat applicants are employed, and Ihat employees are treated
during employment, without I'egard to their race, age, creed, color, sex, or national origin. Such action sllall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rutes of payor othor forms of compensation; and selection fOl' training, including apprenticc,)stllP,
Ttle Agency shall insert the foregoing provision modified only to show the particular con1ractual relationship in all its
contl'acts in connection with lhe development or operation of the project, except contracts for standard cornlllerCl81
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, excepl
subcontracts for standard commercia: supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement. or similar worl" Ule Agency shall post, in conspicuous places available to
employees and applicants for employment fOl' project work. notices to be provided by the Department setting forth lhe
pmvisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation I\greement constitutes a
certification that the Agency will comply wilh all the mquir'ements Imposed by Title VI of the Civil Rights Act of 1964 (<'12
US.C. 2DOOd, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder. and lhe
assur~mce by the Agency pursuant thereto.
13,30 Title VIII- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Tille VIII of Hie Civil Rights Act of 1968, 42
USC 3601.et seq.. which among other things, prohibits discrimination in housing on the baSIS of mce, color, national
orig in, creed. sex, and a9 e.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
consttutes a certification that the Agency will comply with a/l the requirements imposed by the ADA (42 U.S.C. 12102, et.
seq.), the regulation~; of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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13.50 Prohibited Interests: The Agency SilCl11 not enter into a contract or urri::lngernent In connection with the
pr'ojecl or any property included or planned to be included in the project, with any officer, director or employee of the
f.\gency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse
or chilel IS an officer, partner, dil'ector, or proprietor or in which such officer, director or employee or the officer's, directol"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 thelil 5 percent of the 101al eJssets or capital stock of any
business entity.
Tl'ie Agency shall not enter into any contract or arrangement in connection with the pmject 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: r'-Jo member or delegate to the Congress of the
Unitr;d States ~hall 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 the,'ewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to Dn)' pany other than the Agency.
14.30 Wilen Rights and Remedies Not Waived: In no event shallll'ie making by the Departmen1 of any
payment to the Agency constitute or be construed as a waiver by tile Department of any breach of covenant or any
defaull whidl may then e>dst, on the part of Ihe Agency, and the making of such payment by the Department whilc any
~>ur;h br"cach or default shall cxisl shall in no way impair or prejUdice any nght or remedy available to the Department witrl
respect to SUCll IJreach 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 remaindet' 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 tllat it lias not paid and,
also. agrees not to pay, any bonus 01' commission for the purpose of obtaining an approval of its application for the
firlancing rwrelJnder
14.60 State 01' Territorial Law: Nothing in tile Agreement shall require the Agency to obsorve or enforce
compliance with an}' provision thel'eof, perform any other act or- do any other thing in contravention of any applicable Slate
law: Provided, tllat if any of the proviSions of tile Agl'eemont Violate any applicable State law, the Ager,cy will 3t once notify
the Department In writing in order that appropnate changes and modifications Illay be made by the Department and the
Agency to the end tllat the Agency may proceed as soon as possible with the projoct.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and E?quipmen( 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
Deparlment. The Agency further agrees to maintain the project fClcilities and equipment in good working order for- the
useful life of said facilities or equipment.
14.71 Prope,-ty Records: The Agency agrees to maintain proper-ty records, conduct physicol 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 trClnsportation use, trw
Agency will comply wilh the terms of 49 CFR Parl18 relating to property management standards. The /'Igency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment Said
propol-lional amount sl1all be determinecj on Ihe basis of the I-atio of tile Department fil,ancing of the f3cility 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, m employees, during lhe
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 perfol'mance of the Agreement.
When the Department receives a notice of claim for damages that may Ilave been caused by the J\gency in the
pnrformclllce of services required under this Agreement, 1I1e Depariment will immediately forwar-d the clairn 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 vllill Jointly discuss options in clefending the claim. After reviewing the ciaim, the Dc)partment Will
determine whether to require the participation of the Agency in the defense of tI,e claim or to require that the Agency
clefend trle Department in such clalrY: as descril)ocj in this section. The Depar-tment's failure to promptly notiFy the Agency
of a claim shall not act as a waiver of any light I,erein to require the panicipation in or defense of the claim by !'geney.
The Department and Ihe Agency will each pCJY 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 I-esponsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves tlie purchasing of capital equipment
or- the constructing and equipping of facililies. the Agency shall submit to the Department for approval all appl'Opriale
plans and specifications covering ttle project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of tile pmjC'Jcl and comments or recommendations concel-ning any
rernnincier of the project deemed appropriate_ Arter resolution of tilese comments ancl recommendations to the
Dep<.:1rlment's satisfaction, the Department will issue to the Agency written appmval with s8id remainder of tl'H~ project.
Failule to obtain this written approval shall be sufficient C<.luse for nonpayment by the Deparlment as provided in
8.23.
16.00 Project Completion. Agency Certification: Tile Agency will celiify in writing on 01' attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on lhe Agency
facility, that adequate title is in the Agency and that the project is accep1ed by the Agency as suitable fOI- tI,e intended
purpose.
17.00 Appropriation of Funds:
17.10 Tile State of Florida's perforrmH1ce and obligation lo pay under tilis l~greelTlent IS conlingent upon an
annual appmpriation by lrle Legislature.
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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 wtlich, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal yom. 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 [he Deparlment [hat funds al-e available pi-ior
to entering into any such conti-act or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding '1 year, I)ut ,lilY contract so made sl,all 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 tile Department which are lor an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
1 2/31/201 2 ' If the Agency does not complete the project within this time period, tI,is Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
Qi2.\::~(~\';;_E~~E:.!~Y_.c:~His!lj()r g~_~_iS!.0_~g______u________u__ . E:xpiration of this Agreelnent will bfl considered termination
of the project and the procedure established in Section 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: Tile Agency must submit the final invoice on this project to the Depmtment within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time periOd will not be paic!.
19.00 Agreement Format: All words used herein in tho singular form shall exlend to and include tile plural. 1\11
words used in ti,e plural form shall extend to and include the singular. All words used in an)' uender shall extend to and
Include all genders.
20.00 Execution of Agreement: This Agreement Illal' be simultaneously 8xecuted in a minimum of two
counterparts, 88cl1 of which so executed shall be dec.,med to be an original, and such counterparts together slwll
constitute one in the same instrument.
21.00 Hestrictions on LobbyinW
21,10 Fec/eral: The I\gency agrees that no federal appropi'jated funds have been paid 01' will be paid by or en
behalf of the Agency, to any person for influencing or attempting to influence any officel- 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 trle awarding of any federal contract. tl'\e making of any federal grant, the making of any feder2.11Iocm, tlw
entering into of any cooperative agreement, and the extension, continuation, renewal. amendment or modification of "ny
federal contract, grant, loan or cooperative agreement.
If an)' funds other than federal appropriated funds have been paid by the Agency \0 any person fm influencing or
altolllptinfJ to influence an officer or ernployee 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 !^lgreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accord<lnce with
its instructions.
The Agency shall require that the language of t1lis section be included in the award documents for all subawards at all
tiers (including subcontracts, subgri:1Ilts, and contracts umler grants. loans ami cooperative agreements) ancl thai all
subreclpients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to thiS contract Illay be expended for lobbying the Legislature 01- a state
agency
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22.00 Vendors Rights: Vendors (in this document identified as r~gency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department h8s five (5) working days \0
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Departlllent 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 tile invoice is received or the goods or services are received. insp("cted
and approved.
If a paymEJIlt is not availabte 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 applios after a 35 day tillle periOd to health care
providers. as defined by rule. Interest penalties of less than one (1) dollar will not be onforced unless the Agency
rflquests payment. I nvoices which have to be returned to an Agency because of vendor preparation er"rors willl'osult in a
de~lay in the payment. The invoice payment requirements do not start until a properly camplflted Invoice is provided to the
Depmtment.
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 or by calling the Department of
Financial Services Hotline, 877-693-5236
23.00 Public Entity Crime: A person or affiliate who tlas been placed on the convicted vendor list following a
convicUon for a public entity crime may not submit a bid on a contract to provide any goods or services to a putJlic 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 entity, may not be awarded or perform work 3S a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and Illay not transact business With any
public entily in excess of tile threshold amount provided in s. 287.017, F.S for CATEGORY TWO for a periOd of 36
montlls from the date of being placed on the conVIcted veneJOI' list.
24.00 Discrimination: An entity 01' affiliate who has been placeeJ 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 witll a public
entity for the construction or repair of a public building or public work, may not submit bids on le8ses of real property to a
pul)lic entity. may not I)e c1w(lI'elecl or perrorm worl< as a contractor, supplier, ~;ubcontract()I", or consultant under a contract
with any public entity, and may not transact business with any public entity.
- '~',-"_.' .."'. .- . "" . 17 .."...,-,-~_.. ..-.,,".......r '.-".. .... ,4 -.--.----
loBJ 7
7;~~)"O3(;.O6
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P?~lC H of H
Financial Pl"Oject No. 120353-1-94-0 I
~--- -------
Contract No. /\PF60
~-~~-----,._, ----.-.,---- .--.-.--
;\greement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FOOT
Collier County, BCC See attached Encumbrance Form for date of Funding
AGENCY NAME Approval by Comptroller
- LEGAl. REVIEW
d-~ DEPARTMENT OF TRAI,SPOR'f'fITIOi'1
-.-.---.- ---
SfGJ'J/",TUHE [jEf'/IRTMENT OF TRMISPornATION
Cha.i.rm.a.n.......... m__m___m__...__..__u__.._________ l)i!..c~I_()r o('Tr,msj)()rt<lliol1 Ikvdoj)lm:nt. ._....
TITLE TITLE
ATTEST
DWIGHT e~ BRO
BY:
.~ ... ~ CIII
.t..... 01 i If
~J<;:;7rl:r::
Deputy County Attorney
,,_.,.._--- 4 _ill W",: 'I ..--q- ^....~""".;""-_.-\II"' ~~-~.~
168 .,
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intermoda1 Hub
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 the Collier County Board ofCoLlnty
Commiss ianers, 3301 East Tam iam i Trai L 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 center for the Collier Area Transit on property located at the
Government Center.
ELIGIBLE PROJECT PERIOD: The eligible project period for this Agreement 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 CONSIDERATIONS 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, 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.
2. Project related issues in which the contract documents allow for alternates or options and
require decisions which directly and significantly affect the quality or function of the
project and are not expressly addressed in the contract documents, must be approved by the
Department.
3. The Agency shall provide a presentation sign to inform the public 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 1 of 3
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l' 8 '17
SPECIAL CONSIDERATIONS BY DEPARTMENT:
1. 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, 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 written 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 thc project, the Agency shall
produce a Capital Depreciation Schedule for Department review and approval. The
schedule shall be based on a twenty year useful life for the project and shall identify
repayment values calculated by straight-line depreciation over the twenty year period.
c.) In the event 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 the schedule, based 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 reimburse 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 Att.
b) FDOT Project Development and Environmental Manual.
Exhibit A, Page 2 of 3
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168. 7
c) Manual of Uniform Minimum Standards for Design, Construction and Maintenance 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 Chapters 73, 74, 287, 336, 337, and 339 F.S.
f) Title 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part 1, Section 1.23
and Subchapter H, Part 710, Subparts B, C & D, as applicable.
g) Any and all updated versions of items identified in "a)" through" t), " inclusive, above.
h) The Department and the Agency concur to explore through discussions at a date
subsequent to the effective date of this Agreement, the inclusion of an Agency in-kind
contribution to this Agreement in relation to the Fiscal Years 2008/09,2009/10, and,
2010/11 Department funds in this Agreement.
i) The Agency shall comply with all state and federal rules and regulations during the
design and construction phases of the Intermoda1 Transfer Station in Collier County.
Exhibit A, Page 3 of 3
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168' i7
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intcrmoda1 Hub
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral pmi of that certain Joint Participation Agreement between the State of
Florida, Depaliment of Transportation and the Collier County Board of Count v Commissioners, 3301
East Tamiami Trail. Naples, Florida 34] 12, elated
I. PROJECT COST: $2,600,000.00
TOTAL PROJECT COST: $2,600,000.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA (N 1 A %) or $0.00
Agency Participation
, In-Kind* (11 %) $281,000.00
Cash (0%) $0.0
Other** (39%) $1,019,000.00
Maximum DepaI1ment Participation,
Primary
(DS)(DDR)(DlM)(PORT) (50%) or $1,300,000.00
Federal Reimbursable (DU)(FRA)(DFTA) (NI NYtl) or $ 0.00
Local Reimbursable (DL) (N/A%)or $ 0.00
TOTAL PROJECT COST $ 2,600,000.00
III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING
If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this
agreement, funds are programmed in the Depatiment's Work Program in the following fiscal
year(s):
2008/09 $ 134,400.00 Intermodal Program funding
2009/10 $ 864,000.00 Intermodal Program funding
2010/11 S 301,600.00 Intermodal Program funding
Total: $1,300,000.00
Project years may be advanced or deferred subject to Legislative appropriation or availability of funds.
*In-kind: - County's Facilities personnel and Alternative Transportation Modes (ATM) administrative time
through the procurement, design, and construction phases of the project.
**Other - real property value.
Exhibit B, Page 1 of 1
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16B ,..
. I
Financial Management Project Number: 420353-1-94-01
Contract :\'umbcr: ^ PF60
Collier: Government Center lntermodal Hub
EXHIB IT C
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Board of County COIllIll issioners,
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 51' ATE 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 equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans, specifications, and contract documents covering the project. The Registered Professional
Engineer of the Agency or their Consultant Engineering Firm shall certify in writing that the plans,
specifications, and contract documents were developed in compliance with the below referenced
"DESIGN DEVELOPMENT CRITERIA". The Department shall review the certification and, if
deemed acceptable, provide official written approval of the plans, specifications, and contract
documents. Failure to obtain this written approval shall be sufficient cause for nonpayment by the
Department as provided in paragraph 8.23. Receipt of such approval shall not relieve the agency of
the responsibility for obtaining Departmentreview and written approval for all third party contracts
as specified in paragraph 12.10."
II. DESIGN DEVELOPMENT CRITERIA
The plans, specifications, construction contract documents, and any and all other similar
engineering, construction, and contractual documents produced by the Engineer for the project are
hereinafter collectively referred to as "plans" in this Exhibit.
1
Exhibit C
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.i.6B 7
Plans shall be developed in accordance with sound engineering principles and applicable design
criteria, and with generally accepted professional standards. Development of the plans shall also
comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations 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.
HI.
SUBMITT ALS
CERTIFICA TION/COORDINA TION BASIS OF ACCEPTANCE
A. CONSULTANT SELECTION Certification by the Agency's Attorney
of compliance with Section 287.055
Florida Statutes "Consultants I
Competitive Negotiations Act"
is required prior to executing the
consultant agreement, as applicable.
B. PRELIMINARY ENGINEERING
1. Environmental Assessment/Permits Certification from the Agency's
Registered Professional Engineer
of compliance with the requirements
of all Environmental Permitting
Agencies, as applicable.
Certification of Compliance with
Department Criteria and Policy
is required from the Agency's Registered
Professional Engineer, as applicable.
2. Design Certification by the Agency's
Registered Professional Engineer of
compliance with criteria and policy
is required, as applicable.
2
Exhibit C
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168 7
C. CONSTRUCTION
1. Pre-Cons tructi 0 n The Agency shall provide to the
Department one (1) set of the design
plans, specifications and documents
certified by the Agency I s Registered
Professional Engineer, as applicable.
2. Construction Certification of compliance with
criteria and policies is required from
the Agency I s Registered Professional
Engineer, as applicable.
3. Post -Construction The Agency shall provide to the
Department certification by the
Agency's Registered Professional
Engineer of compliance with the
design plans, specifications,
environmental permits, documents and
the criteria and policy as applicable
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 intergovernmental
-
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
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16Jl 7
V. REQUESTS FOR REIMBUI{SEMENT (INVOICE SUBMITTALS) IN ACCORDANCE WITH
SECTION 215.422 FLORIDA STATUTES AND THE REQUIREMENT OF PARAGRAPH
22.00 OF THIS AGREEME:\'T:
1. 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 Agreement.
Invoices submitted 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 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 five (5) working
days of receipt and return the invoice for corrections.
VI. SAFETY REQUIREMENTS
Bus Transit System - In accordance with Florida Statute 341 .06] , and Rule Chapter 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 Program Plan pursuant to Rule Chapter 14-90 and has performed
annual safety inspections of all buses operated.
VII. REQUIRED SUBMITTALS
SUBMITTAL/CERTIFICATION RESPONSIBILITY
Procurement Requests Agency
Safety Compliance Agency
4
Exhibit C
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169 ,
.
Specifications Agency
Invoices Agency
Audit Reports Agency Annually During
Life of Project
Project Progress Reports Agency with Invoices
(In Department approved format) Li fe of Project
5
Exhibit C
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,.
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intermodal Hub
EXHIBIT D
STATE AGENCY: FOOT
CSFA#: 55.014
TITLE: State Intermodal Development program
AMOUNT: $ 1,300,000.00
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 located at the Government Center.
Allowable Cost:
See above.
Eligibility:
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 to, from, or between
seaports, airports, and other transportation terminals; construction of intermodal or multi modal
terminals; development and construction of dedicated bus lanes; and projects which otherwise
facilitate the intermodal or multimodal movement of people and goods.
Matching:
The percentage of matching funds provided from the State Intermodal Development program
shall be 50 percent of project costs.
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1687
MEMORANDUM
Date: June 26, 2009
To: Y ousi Cardeso, Administrative Assistant
Alt. Trans. Modes
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Joint Participation Agreement between
Collier County and the State of Florida Department of
Transportation
Enclosed please find one original document as referenced above, (Agenda Item
#16B7), approved by the Board on Tuesday, May 12,2009.
Please forward the fully executed document referenced above to the
Minutes and Records Department to be kept in the Boards official
records.
If you should have any questions, please contact our department at 252-7240.
Thank you. <.
I- 1687
J
STh1'E Ol~ FLOn.IL')Ar)EPAR'r""U:NT OF Tl:J.ANSPORr^'flON l2~.030-OG
PUBLIC TRANSPORTATION l'Ufil.lC TRANSPORTMION
JOINT PARTICIPATION AGREEMENT 00:0'/
Pago 1 of 1.1
Financial Project No.: Fund: 010 FLAIR Approp.: .~~.~?~~__.
420353.1-94-01 Eunclion: 639 FLAIR Obj.: ..?5Q_91~_
(ilclll.seurnont. plla SC-Se(lllcnco) Federal No.: N/A Org. Code: 55012020129
Contract No.: APFGO DUNS No.: 076997790 Vendor No.: F59GOOO558004
CFDA Number: NIA CSFA Number: 55014
.---.-.- -- -
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
. . __ __. "..._..' '.......... ._ _...~_...____...___.___._._.... .h_____....__.___..._........... ....__...""._...... _.......... ....,....._..... .... ""'~_" . . ~ ,. -".".-,~...,..........~.. ..,....._.._~...._..~.._.. .~. .___... ...' 'N" ~..V_'N_..._U..._ ...
hereinafter referred to as Agency. TI1e Department and Agency agree that all terms of this Agreement will be completed
on or before 12/31/2012 and Itlis 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
~.~.~.:.~:Y-..Lf?1...... _.___.._._.._..____.__.._______._..__..__....___.............. ...... ....._._.......___................_..__... .__.........". ... .___.._...._._..__.._.____....___..._... .._... .
Fiorida Statutes. to enter into this (..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 the Department's participation in the Agency's eligible costs related to the planning, design. site
development, and/or construction expenses of a transit intermodal transfer center for the Collier Area Transit on property
located at 1t1e Government Center.
dlld as further described in Exhibit(s) A, S, C. and 0 attached hereto and by this reference made a part
hereof, hereinafter referred to as the projecCandloproi7fcie'Oep'iiifmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
.
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115.030.00
1'\IBl.IC TRlIl'ISPOR'rIlTION
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"Au 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 requlsite.
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 t11e 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 10 the
percentage(s) of total project cost shown In Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for Slate participation will be allowed only from the effective
date of this agreement. It is understood thai 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 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 retainaget'o'be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
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7,-5.0l0.t'6
PUBI.IC T AI\NS POflT AlION
06,07
6.00 Project Budget and Payment Provisions: POll" 301 M
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 sl)all 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
ot~lerwise 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 continLlously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposil of project funds by the Department, by the deposit or selling 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, Ilept 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 conducl or arrange for the conduct of additional
audits or evaluations of slale 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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:
775.030.06
I'Urll.lC TfVlN5f>Ollr^TIVN
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Pa~oA 01111
7.61 Monitoring: In a.ddition 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 OMS Circular A-133, andlor other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed Clppropriate by tile 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 regClrding such audit. The Agency further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FOOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency Is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more In Federal awards in Its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of 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 wilh the guidelines established by OMS Circular A-133, as revised. An audit of the recipienl
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meetlhe
requirements of tt,is pal1.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative 10 auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than Ihe 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 10 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 nonstete entity as defined by Section 2'15.97(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 (nonprofH and for-profit organizations), Rules of the Auditor General.
Exhibit "0" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the stale financial assistance expanded 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 (inancial assistance does not include Federal direct or pass-through awar'ds 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 includes submission of a financial
reponing package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental enliUes)
or 10.650 (nonprofit and for-profit organizations), 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 nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) tllle and number,
award number and year, and name of the state agency awarding H.
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings. including corrective action and current status of the audit findings is required. Current year audit
findings require corrective aclion 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 Complroller, 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
stale official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and. required
by Section 7.622 Part I of this agreement shall be submitled, when required by Section .320 (d), OMS Circular A-133.
by or on behalf of the recipient directly to each of the following:
A. The Department al each of the following addresses:
"t;i()l'id~ DCplll'lmel1t ofTransportatiol1, District One Headquarlers
Offlcc Modal Developmenl/Public Transit, MS ] -39
XOI Norlh Broadway Avenue! Bartow, 1'1. 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 ttle Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular
'/\-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 wilh 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. the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of the recipient's audiled schedule of expenditures of Federal awards
directly to each of the following:
Florida Department ofTranSpOliatjon, Districl One lIeadquarlcrs
'Office Modal Development !J>ub1ic Transil, M S 1-39
801 North Broadway Avcnue! Barlow, FL 33830
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporling package described in Section .320 (c). OM8 Circular A-133, and any management lellers issued by the
auditor. to the Department at eacll of the following addresses:
Florida Departmcnt ofTnll1sportntiotl, District One Headquarters
Office Modal Developmcnt !Public Transil, M S 1-39
XOI North 13romiway Avenlle! Barlow, FI. 33~n()
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3 Copies of financial reporling packages required by Section 7.62 Pari II of this Agreement shall be submitted by or on
behalf of tile recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida l)cparln'lcnl oJ"! rllnsporlalioll, Districl Onc Headqullrlers
Office Modal Development ,Public Transit, MS 1-39
801 N011h Broadway Avelllle! BarlOW, FL 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 leiteI' required by Section 7.62 Part III of this Agreement shall be submitted by
or on behalf of the recipient direclly to:
A. The Department at each of the following addresses:
rIorida Department ofTransporlation, District One Hcadquarters
Oflice Modal Development /Public Transit, MS 1-39
801 NoJ1h Broadway Avenue/ Bartow, FL 33830
5. Any reports, management letter, or other information required to be sLlbmitted to the Depar1ment rursuanl to this
Agreement shall be submilled 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 10 the Department for audits done In accordance with OMB
Circular A-133 or Chapters 10.550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations).
Rules of the Auditor General, should indicate the date that the reporting package was delivered to tile Agency in
correspondence accompanying the reporling 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 Deparlment, or its designee, the CFO, or Auditor General
upon request for a period of at least five years from the dale the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as pari 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.
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.
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8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow , FL.
33830 its requisition on a form or forms prescribed by the Department. and any other data pertaining to
the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensallon 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 112061. FS.
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 properly,
(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 nollce 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 witll respect 10 any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Ager\cy of any of its duties
or obligations which may jeopardize or adversely affect the projec!, 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 Witllout 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 alt disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B,"
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or olher
arcangements whictl11ave not been approved in writing by the Department.
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed 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 iI 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: Iflhe 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 sha.1I proceed promptly \0 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 witllin a reasonable time. The approval of a
remittance by Ihe Agency or the closing out of federal financial participation in the project ShClII not constItute a waiver of
any claim which the Department may otl1erwlse have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters. or other material subject to the provisions of Chapter
119, F .S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remil 10 the Department its share of any unexpended balance in the project Bccmml.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors 10 permit. the
Department's authorized representatives to inspect all work. materials. payrolls. records; amI to audit the books. records
and accounts pertaining 10 the financing and developmenl 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 conlract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments therelo, with any third
party \,vilh respect to the project without the written approval of the Department. Failure to obtain such approval shall be
suf(lcienlcause 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.
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12_20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hnreto 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, trl(;J 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 tt1at selection has been accomplished in compliance with the Consultants' Compnlitive Negotiation Act.
12,30 Disadvantaged Business Enterprise (DBE) Policy aile! 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 part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26. as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure 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 Ihis 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
discnminate on the basis of race, color, national origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department wilhin 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 discnminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take <.lffirmative action to ensure that applicants are employed. and Ihat 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;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticesllip.
The Agency shall insert the roregoing provision modified only to show the particular con1raclual 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, construclion,
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 selling forth the
provisions of the nondiscrimination clause.
13.20 Title VI . Civil Rights Act of 1964: Execution of this Joint Partlclpatlon Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Tille VI of the Civil Rights Act of 1964 (42
US.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
cerlification that the Agency will comply with all the requirements imposed by Tille VIII of the Civil Rights Act of 1968, 42
USC 3601.et seq., which among other things, prohibits discrimination in housing on the basis of mce, color. national
origin, creed, sex, and age.
13,40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
cO'1slitules a certirication that the Agency will comply with all the requirements imposed by the ADA (42 U_S.C. 12102, et.
, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant (hereto.
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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 Of 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.
"Maleriallnterest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
bllsiness entity.
The Agency shall not enter into any contracl 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: 1\10 member Of delegate to the Congress of the
United Slates shall be admiUed to any share or part of Ihe Agreement or any benefit arising Iherefrom.
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
Deparlment 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 olhm than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Deparlment of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or <lny
default which may Ihen exist, on IIle part of the Agency, and the making of such payment by the Department while any
SUGh breach or default shall exisl shall in no way impair or prejudice any right or remedy available 10 HIe Department wit~l
respect 10 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 \0 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 10 pay. any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Terrltoriill Law: Nothing in the Agreement shall reqLlire 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 Slale
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.
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725-0:iO.06
PU~I.IC TI~NSPOlnAnON
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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 ttle useful life 01
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to mainlain 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 properly records, condllct 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 jts useful life for any purpose except Its replacement with like facility or equipment for public transportation use, [he
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
propoIiional 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 oul 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
per10rmClnce of services required under this Agreement, the Department will immediately forwmd 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 join\ly discuss options in defending the claim. After reviewing the claim, the D(~partment will
determine wilether to require the participation of the Agency in the defense of the claim or to require that the Agency
(lefend the Department in such claim as described in this section. nle Department's failure to promptly notify the Agency
of a claim shall not act as a waiver of any right herein \0 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 Irial, 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 Specificatfons: 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 prOJecl deemed appropriate. After resolution of these comments and recommendations to the
Deparlment's satisfaction, the Deparlment will issue to the Agency written approval with said remainder of the project.
FClilure 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 \0 the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate tilie 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 10 pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
16 87
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PUI)I.lC Tfu\I.,lBI'OIH^TION
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17.20 Multi-Year Commitment: in the evenlthis 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. Tile 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 10 be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbalirn in all conlmcts of the Department which are for on amount 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 (ime period is requested by the Agency and granted in writing by the
9J~~~t..?ecreJ~L9LHis{ljer D~~!9.0..~.<::_.____.._.___._.._... Expiration of this Agreement will be considered lermination
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 tinal invoice on this project to the Department within 120 days
after the expirotion of this Agreement. Invoices submitted after the 120 day time periOd will not be paid.
19,00 Agreement Format: All words LJsed herein in the singular form shall extend to and include (he plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender 511811 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 whicl1 so executed shall be deemed to be an original, and such counterparts together shall
conslitute one in the some 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 lhe Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a rv1ember 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, tho making of any federal loan, the
entering into of any coqperative agreement, and the Elxtension. continuation. renewal, amendment or modification of any
federal contract. grant, loan or cooperative agreemen1.
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 wilh
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
liers (including subcontracts, sLlbgrants, and contracts under grants, loans and cooperative agreements) and that llll
subrecipiellls shall certify and disclose accordingly.
21.20 State: No funds received pursuanl to this contract may be expended for lobbying the Legislature or a state
agency.
-."". .--,." ~'."~- -... -
1687
. .,
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22.00 Vendors Rights: Vendors (in this document identified as Agency) providing good!; and services to the
Depanment should be aware of the following time frames. Upon mceipt, the Departmenl has five (5) worl~ing 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 tho invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance wilh Section 215.422(3)(b), F,S. will be due and payable, in addition
to tile invoice amount to the Agency. The interest penalty provision applies alter a 35 day time period to health care
providers. as defined by rule. Interest penalties of less than one (1) dollar will not be onforced unless the Agency
requests 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 slart until a proper'ly completed invoice Is provided to (he
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 or by calling the Department of
Financial Services Hotline, 677-693-5236.
23.00 Public Entity Crime: A person or affillale who has been placed on the convicted vendor list following a
conviction for a public entity crime may nol 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 trnnsact business with any
publ:c entity in excess of the trIreshold alllount 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 \0 a public entity, may not submit a bid on a contract with a public
entity for the construction 01' repair of Cl public building or public work, may not submit bids on leases of real property to a
publiC entity, may not be awarded or perform worl< as a contractor, supplier. subcontractor, or consultant under a contract
wilt) any public entity, and may not tmnsact business will1 any public entity.
.--. --_. .- ~_~..'",,__,,_____,_"'m ._~-
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Financial Project No. 420353-1-94-01
--...-..... ...----
Contract No. APF60
---"~-"~-'-------'"
Agreement Date
IN WITNESS WHEREOF, the parties herelo have caused these presents be executed, the day and year first above written.
AGENCY FOOT
Collier County, BCC See allached Encumbrance Form for date of Funding
AGENCY NAME Approval by Comptroller
- LEGAL REVIEW
J~ OEPARTMaNT or: TRANSPORTATION
- --
5IGNATUr~E OEP/,RTMF.NT OF TRAN5PORTA1"ION
G.!1.~!.~.m~!!.__.___.._...._.__...._____._._______ Dircclof or'Transportal ion Development
TITLE iii:i.'ii -...-.. ........-.....-..--. -... ......-....... .-.....- ...--................"......... ..... ......... .......-..--.. ......-........--
"'.' .
A'neST ...',..c I, / ,)
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----- 1687
.
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intcrmodal Hub
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIUILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and the Collier County Board of County
Commissioners. 3301 East Tamiami Trail. Naples. Florida 34] 12, 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 center for the Collier Area Transit on property located at the
Government Center.
ELIGIBLE PROJECT PERIOD: The eligible project period for this Agreement 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 TrONS 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, 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.
2. Project related issues in which the contract documents allow for alternates or options and
require decisions which directly and significantly affect the quality or function of the
project and are not expressly addressed in the contract documents. must be approved by the
Department.
3. The Agency shall provide a presentation sign to inform the public 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 1 of 3
---.---...---.---
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1687
. . '.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
1. 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, notwithstanding Section "h)" in
"Miscellaneous Provisions" in this Exhibit A.
2. If appl icable, the eligible project period identified in the Project Description shown above,
may be extended by letter from the Department upon a written 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 of20 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 oftypicallength for the project facility. Prior
to disbursement of Department funds for any costs on the project, the Agency shall
produce a Capital Depreciation Schedule for Department review and approval. The
schedule shall be based on a twenty year useful life for the project and shall identify
repayment values calculated by straight-line depreciation over the twenty yearperiod.
c.) In the event 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 the schedule, based 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 reimburse 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 /lel.
b) FDOT Project Development and Environmental Manual.
Exhibit A, Page 2 of 3
. . "~._,'._-'_._"- ^~-- ~"'_'M'....~..._, _"""'n_" ........-.~,,~-
1687
, , '.
c) Manual of Uniform Minimum Standards for Design, Construction and Maintenance 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 Chapt~rs 73, 74, 287, 336, 337, and 339 F.S.
f) Title 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part I, Section 1.23
and Subchapter I-l, Part 710, Subparts B, C & D, as applicable.
g) Any and all updated versions of items identified in "a)" through "t)," inclusive, above.
h) The Department and the Agency concur to explore through discussions at a date
subsequent to the effective date of this Agreement, the inclusion of an Agency in-kind
contribution to this Agreement in relation to the Fiscal Years 2008/09,2009/10, and,
2010/11 Department funds in this Agreement.
i) The Agency shall comply with all state and federal rules and regulations during the
design and construction phases of the lntermodal Transfer Station in Collier County.
Exhibit A, Page 3 of 3
"~..__. ...~'.._"._".~ ''''_' ".__'_.__M,_.'. ~"", ,-.- '__N.,,_ '''-'.,",.,',,-,_. -'-'-
1687
...
r~inancia) Management Project Number: 420353-) -94-0 I
Contract Number: APF60
Collier: Government Center lntermodal Hub
EXHIBIT "B"
pH.O.fEeT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement bctwccnthe State of
Florida, Department of Transportation and the Coil ier County Board of County Commissioners. 3301
East Tamiami Trail. Naples. Florida 34112, dated
I. PROJECT COST: $2,600,000.00
TOTAL PROJECT COST: $2,600,000.00
II. PARTICIPATION:
Maximum Federal Participation
FTA, FAA (N/A%) or $0,00
Agency Participation
In-Kind'" (11%) $281,000.00
Cash (0%) $0.0
Other"'''' (39%) $1,019,000.00
Maximum Department Pal1icipation,
Primary
(DS)(DDR)(DIM)(PORT) (50%) or $1,300,000.00
Federal Reimbursable (DU)(FRA)(DFT A) (N/A%)or $ 0.00
Local Reimbursable (DL) (N/A%)or $ 0.00
TOTAL PROJECT COST $ 2,600,000.00
111. MUL Tl-YEAR OR PREQUALIFJED PROJECT FUNDING
J f project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this
agrecmcnt, funds are programmed in the Department's Work Program in the Following fiscal
year(s):
2008/09 $ 134,400.00 Intermodal Program funding
2009/10 $ 864,000.00 Intermodal Program funding
2010/11 $ 301 ,600.00 Intermodal Program funding
Total: $1,300,000.00
Project years may be advanced or deferred subject to Legislative appropriation or availability offunds.
"'In-kind: - County's Facilities personnel and Alternative Transportation Modes (A TM) administrative time
through the procurement, design, and construction phases of the project.
"""Other - real propcrty value.
Exhibit 13, Page 1 of I
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Financial Management Project Number: 420353-1-94-01
Contract Number: ^ rr60
Collier: Government Center Intermoda1 Hub
EXHIBIT C
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Board of County Commissioners,
3301 East Tamiami Trail. Naples. Florida 34112, dated
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 I)LANS 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 equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans, specifications, and contract documents covering the project. The Registered Professional
Engineer of the Agency or their Consultant Engineering Firm shall certify in writing that the plans,
specifications, and contract documents were developed in compliance with the below referenced
"DESIGN DEVELOPMENT CRITERIA". The Department shall review the certification and, if
deemed acceptable, provide official written approval of the plans, specifications, and contract
documents. Failure to obtain this written approval shall be sufficient cause for nonpayment by the
Department as provided in paragraph 8.23. Receipt of such approval shall not relieve the agency of
the responsibility for obtaining Departmentreview and written approval for all third party COnLracts
as speci fied in paragraph 12.10."
II. DESIGN DEVELOPMENT CRITERIA
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
_._-, ."---- '"- ..;.,.....,."-, 00_ ~"'__"'_.'__""
" t6-B7 ---
. '.
Plans shall be developed in accordance with sound engineering principles and applicable design
criteria, and with generally accepted professional standards. Development of the plans shall also
comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations 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.
SUBMITT ALS
CERTIFICA TION/COORDINA 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 executing the
consultant agreement, as applicable.
B. PRELIMINARY ENGINEERING
1. Environmental Assessment/Permits Certification from the Agency's
Registered Professional Engineer
of compliance with the requirements
of all Environmental Permitting
Agencies, as applicable.
Certification of Compliance with
Department Criteria and Policy
is required from the Agency's Registered
Professional Engineer, as applicable.
2. Design Certification by the Agency's
Registered Professional Engineer of
compliance with criteria and policy
is required, as applicable.
2
Exhibit C
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------------t-6-8-7-
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C. CONSTRUCTION
1. Pre-Construction The Agency shall provide to the
Department one (1) set of the design
plans, speci fications and documents
certified by the ^ gency I s Registered
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 certification by the
Agency's Registered Professional
Engineer of compliance with the
design plans, specifications,
environmental permits, documents and
the criteria and policy as applicable
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 intergovernmental
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 mustbe 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
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V. REQUESTS FOR REIMBURSEMENT (INVOICE SUBMITTALS) IN ACCORDANCE WITH
SECTION 215.422 FLOIUDA STATUTES AND THE REQUIREMENT OF PARAGRAPH
22.00 OF THIS AGREEMENT:
1. 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 Agreement.
Invoices submiltcd 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 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 five (5) working
days of receipt and return the invoice for corrections.
VI. SAFI<:TY REQUIl{EMENTS
Bus Transit So/stem - In accordance with Florida Statute 341.061, and Rule Chapter 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 Program Plan pursuant to Rule Chapter 14-90 and has performed
annual safety inspections of all buses operated.
VII. REQUIRED SUBMITTALS
SUBMITTA L/CERTIFICA TION RESPONSIBILITY
Procurement Requests Agency
Safety Compliance Agency
4
Exhibit C
- - -. . - .--------- - _._- ---- -.. _. . -.--.-.----.-.. --
.. .._-~._--~~--,,_.....__.--._.-"._-~, e_,""' -"._-._.-..~- -
--...-. 1687
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Specifications Agency
Invoices Agency
Audit Reports Agency Annually During
Life of Project
Project Progress Reports Agency with Invoices
(In Department approved format) Life of Project
5
Exhibit C
--"---'- --- ,.----- ".___H ""~---_.- --
4 ".f' .. f687-
.
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center lntermodal Hub
EXHIBIT D
STATE AGENCY: FDOT
CSFA #: 55.014
TITLE: State Intermodal Development program
AMOUNT: $ 1,300,000.00
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 located at the Government Center.
Allowable Cost:
See above.
Elif!ibilitv:
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 to, 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 multi modal movement of people and goods.
Matchin2::
The percentage of matching funds provided from the State Intermodal Development program
shall be 50 percent of project costs.
~
~ . "--'-'-"---"-'-~'-"'--< ~ ..._,....~ __'"_~.,_ M" ~"'--- -,,_.,,- -~
-
168 "19
7
June 30, 2009 A12CI2/lII2D
,................ JUL 0 6 2009
F~ORID.A. COMMISSlmJ FOR THE
Tra:rtatlon Ms. Michelle Arnold t'RANSP
Dlsa ntaged Collier County Board of County Commissioners ArM g~~~r'ON
c/o Collier Area Transit
Charlie Crist 2885 Horseshoe Drive South
Governor Naples, Florida 34104
JR Harding Ed.O. Re: crD Medicaid Non-Emergency Transportation (NET) Program
Chairperson
Lawrence Forman Executed Agreement Amendment (Collier County)
Vice Chairperson Dear Ms. Arnold:
Bobby Jernigan
Interim Executive Director Enclosed is your copy of the fully executed Medicaid NET Program
Agreement Amendment for the above referenced project. Thank you for
your continued support of Florida's coordinated transportation system.
Should you have any questions or concerns, please contact me at
(850) 410-5715.
Sincerely,
~
Transportation Disadvantaged Specialist/
Regional Manager
Enclosure: Executed Amendment
cc: DOT Comptroller
Elmer Melendez, crD Medicaid Financial Officer
605 Suwannee Street, MS-49 ~ Tallahassee, FL 32399-0450
Phone: (850) 410-5700 ~ Toll Free: (800) 983-2435 ~ Fax: (850) 410-5752
www.dot.state.f1.uslctd
~
168 '1
7
STATE OF FLORIDA
COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
MEDICAID NON-EMERGENCY TRANSPORTATION (NET) PROGRAM
SUBCONTRACTED TRANSPORTATION PROVIDER AGREEMENT
AMENDMENT NO 1
AGREEMENT #: BDM59
ANANCIAL PROJECT 10#: 41604318201
F.E.I.D. # 596-000-558-004
This amendment, entered into on July 1, 2009 by and between the State of Florida, Commission for
the Transportation Disadvantaged, hereinafter called "Commission" and Collier Countv Board of Countv
Commissioners, 3301 E. Tamiami Trail. NaDles. Florida. 34112 hereinafter called "Subcontracted
Transportation Provider" for Collier County(ies).
WITNESSETH:
WHEREAS, the parties hereto entered into an original Grant Agreement effective 1/1/2009; and
WHEREAS, the parties wish to modify Exhibit B of the Agreement for the mutual benefit: of both
parties.
NOW, THEREFORE, the aforesaid Agreement is hereby modified in the following respects only:
1. Purpose of Agreement: The purpose of the agreement is not changed.
2. Accomplishment of the Agreement: The accomplishment of the agreement is not changed.
3. Expiration of Agreement: The expiration date of the agreement is not changed.
4. Amendment Amount: This amendment outlines the method of compensation for Fiscal Years
2009/2010 and 2010/2011.
5. Total Project Cost: The Total Project Cost is not changed.
6. Exhibit B, Method of Compensation, of said Agreement is replaced by Amendment Number 1
Exhibit B and is attached hereto and made a part hereof.
EXCEPT as hereby modified, amended, or changed, all other terms of the Agreement dated 1/1/2009 shall
remain in full force and effect. This amendment cannot be executed unless all previous amendments to
this Agreement have been fully executed.
168 7
AGREEMENT NO.: BDMS9
COUNTY NAME: Collier
AMENDMENT NO.1
EXHIBIT B
METHOD OF COMPENSAnON
This Exhibit defines the limits of compensation to be made to the contractor for the services set forth in
Exhibit "A" and the method by which payments shall be made.
1. PI'Q.;ect Comoensation:
For the satisfactory performance of services detailed in Exhibit "A", the Subcontracted Transportation
Provider shall be paid up to a Maximum Amount of $ 1.266.051.00
The remaining Project Amount shall be made up of the following limiting amounts:
$ 251.519.00 from Fiscal Year QSlQ2
$ 507.266.00 from Fiscal Year 09/10
$ 507.266.00 from Fiscal Year 1QLll
The total amount of this contract is expected to be funded by multiple appropriations and the State of
Florida's performance and obligation to pay under this contract is contingent upon annual appropriation by
the Legislature.
2. PROGRESS PAYMENTS AND DISBURSEMENT SCHEDULE OF FUNDS:
The STP shall submit monthly invoices in a format acceptable to the Commission.
168 "
. 7
In witness whereof, the authorized representatives of the parties hereto have executed this AMENDMENT,
effective July 1, 2009.
STATE OF FLORIDA Collier County Board of County Commissioners
COMMISSION FOR THE TRANSPORTATION (L dd
DISADVANTAGED
"'"-
SIGNATURE
Chairman,Board of County Commissioners
TITlE TITLE
Bobbv Jernigan Donna Fiala
PRINTED NAME PRINTED NAME
ATTEST .& L J JJWIlI...... a ..... ..arb..,
DWlGHTE~ BRocK; cLe~K ~ R )~vL
BY:
...,J...... Depaty County Attoney
"1I"t-bfti'.
1 I- 168 11
,
STATE 01' FtORR)A IJEI'^R'fMENT Or- mAl'SPORT ArrON n5.03O-Ofl
PUBLIC TRANSPORTATION I'lJllL.lC TR/lNSPORT ^ nON
JOINT PARTICIPATION AGREEMENT [)610,/
Pago 1 of 111
Financial Project No.: Fund: 010 FLAIR Approp.: .~~.~~~.~_.__..
420353.1.94-01 Eunction: 639 .- FLAIR Obj.: .L~Q.91L!._
(il crn.segnlent. r,l18sc-seC] llCll(;C) Federal No.: N/A Org. Code: 55012020129
--- -.
Contract No.. APF60 DUNS No.: 076997790 Vendor No.: F596000558004
CFDA Number: N/A CSFA Number: 55014
.- .---. - _._. -
THIS AGREEMENT. made and entered into this -M.- day of JZtf\L Mtn
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
____._.________....__._._._.__.___w___.____._...____________~__._..
3301 East Tamiami Trail, Naples, Florida 34112 .,.... ...,-_..~............._~. ..._._~-_... .-- . ------.. .-.----.-...-.-.....-
. __ _ .._n' ,..__ .... _ _.__.___..__.______._______.~~_...d_._......__._._.___...__n____..._...._._..... .._.___._.___._._. 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 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
~.~.~.:.q~~._(~L..hh.___._._..___._._________.._..________..-___...._.__.... ... ........ _ _ _ ..no....... .............__.._ ..___....___h..........._......._..__.._____.__._..______... _...... ,
Florida Statutes, to enter into this f~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 the Department's participation in the Agency's eligible costs related to the planning, design, sile
development, and/or construction expenses of a transit intermodal transfer center for the Collier Area Transit on property
located at the Government Center.
and as further described in Exhibit(s) A, B, C,and D. attached hereto and by this reference made a part
hereof, hereinafter referred 10 as the proTecCandtopr.oitTde.Oe-parfmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
.
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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 Deparlmenl may
require as listed in Exhibit "e" attached herelo and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of tile project is $ See Exhibit B . This amount
M_.~._.._.______
is based upon Ihe estimate summarized in Exhibit "B" altached 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 deficils
involved.
4.00 Department Participation: The Departmenl agrees to maximum participation, including contingencies,
in the project in the amount of $ See Exhibit B as detailed in Exhibit "B", or in an amount equal 10 the
percentage(s) of total project cost shown In Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood Ihat 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;
(e) Approval of all plans, specifications, contracts or other obligating documents and all other terms of Ihis
Agreement;
(d) Department approval of the project scope and budget (Exhibils 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 400.
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 retainageto--t;ediSbursed, at the
Department's discretion, on or before the completion of the final project audit.
------------- ~-
J t 168 7
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6.00 Project Budget and Payment Provisions: [',yo ~of M
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 U1e 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 supporled 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, 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 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 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 "D" attached hereto and by
this reference made a part hereof this Agreement.
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7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section
215.97, Florida Statutes, (see "ALldits" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring 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 FOOT's
Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised
Exhibit "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 OMS Circular A-133, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMS Circular A-133. as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133.
3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the
provisions of OMS 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) tille 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 "0" 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 includes submission of a financial
reporting pacl~age 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 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 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.
1 / 16lBJ 7
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Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Deparlment. 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
stale official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required
by Section 7.622 Part I of this agreement shall be submitted, when required by Section .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:
Florid<l DepiH.tmcnt of Transp011ation, District Onc Headquarters
Onicc Modal Developmcnt iPublic Transit, MS J -39
XO} Norlh Broadway ^ venuc! Barlow, 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 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS 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 OMS Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMS Circular A-133. the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of lhe recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department ofTransp011ation, District Onc 11cadquartcrs
OfJice Modal Development !Public Transit, MS 1-39
801 North Broadway Avenue! Bartow, FL 33830
in addition, pursuant to Section .320 (f), OMS Circular A-133, as revised, the recipient shall submit a copy of the
reporling package described in Section .320 (c), OMS Circular A-133, and any management letters issued by the
auditor. \0 the Department at each of the following addresses:
Florida Department of Transportation. District One Headquarters
Of'Jice Modal Development!Public Transit. M S 1-39
80] Norlh Broadway ^ venue! Bmtow. 1"1. 33830
) I 168 7
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3. Copies of financial reporting packages required by Section 7.62 Pad II of this Agreement shall be submitted by or on
behalf of tile recipient directly to each of the following:
A Tile Department at each of the following addresses:
Florida Departmenl (If Transporlat iOI1, DistricI One IleadqullrlCi'S
Office Modal J)cvC]OPl1lCIlI /Public Transit, MS 1-]9
SO] NOl1h Broadway Avenue! H<ll'IOW, I:L 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 sRall be submitted by
or 011 behalf of the recipient directly to:
A The Department at each of the following addresses:
Florida Department or Tnmsportntion, District One 1 Icadqmlrters
Office Modal Dcvelopmcnt (Public Transit, MS 1-39
801 NOJ1h Broadway Avenue/ Barlow, FL 33830
5. Any I'eporls, management telter, or other information required to be sLlbmitted to the Department pursuant to this
Agreement shall be submilled 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 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 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 tile date the audit report is issued, unless extended in writing by the
Department.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, 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.
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.
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8.00 Requisitions and Payments:
8:10 Action by the Agency: In order 10 obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow , FL,
33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining 10
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 fOl' services or expenses s~lall be submitted in detail
suf1icient 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 Ihe Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property, and
actuClI consideration paid for real property.
(c) a statement by the Agency certifying that the appraisal and acquisition of the real properly
together with any attendant relocation of occupants was accornplished in compliance witt, all
federal laws, rules and procedures required by any federal oversight agency and with all stale
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 nolice 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 furnisllEld therewith or
pursuant hereto;
8.22 Litigation: There is tllen pending litigation with respect to the performance by the Agency of any of its duties
or obligations w)'Ich may jeopardize or adversely affecllhe 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 WitlloUt having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflicl of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in defalllt 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."
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
) 168 7
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8.40 Payment Offset: If, after project completion, any claim is made by the Department reslllting from an audit
or for worl~ 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 11as will1 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
obligalions 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 Departmen1
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 otl1erwise 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 s/1all remillo 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; anct 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 respeclto the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by ttle Department as provided in Section 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor ancl to approve or disapprove the
employment of the same.
) 16B 7
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12.20 Compliance witll Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hmelo that participation by the Department in a project with an Agency, where said project involves a consultantcontracl
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, FS, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26. as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of Gonlracts 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, nalional origin or sex in the award and performance of Department assisted
contracts.
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this seGUon 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 ensul'e that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. SUCll action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer: recruitment or recruitment advertising;
layolT or termination; rales of payor other forms of compensation; and selection for training, including apprenticesliip_
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 Tille VI of the Civil Rights Act of 1964 (42
U .SC. 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_
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.
) , 1.~9 7
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r>30C 100f 111
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.
"Matoriallnterest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business enlity.
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: 1\10 member or delegate to Ihe Congress of the
United Slates shall be ad milled to any share or part of Ihe 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: Tile Department shall not be obligated 01' liable hereunder
to any pany other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Deparlment of any
payment \0 the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
defaull whictl 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 rigllt 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 Ihis 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 Ihe 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 tile Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perForm any other act or do any other thing in contravention of any applicable Stale
law: ProVided. 1I1at 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.
168 7
'; ,
725.0:10.00
l>lJAI.IC ll~N'JSPOfn/...rION
06Xl7
Page 11 of 1t'j
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
SUCil 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 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 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
propOliional 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 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 IIlat 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 acl as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
atlrial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency 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 satisfaclion, 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
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to Ihe final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on 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 obligalion to pay under Ihis Agreement is contingent upon an
annual appropriation by tt10 Legislature.
. '. 168 7
725.030.06
PUOt.lC TIV.I-I51l0nT^TION
O()/O1
PilgO 1l of 14
17.20 Multi-Year Commitment: In the evenlthis Agreement is in excess of $25.000 and has a term for a period
of more than one year. the provisions of Chapter 339.1 35(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 tt1e Department that funds are available prior
to entering inlo any such contract or other binding commitment of funds. Nothing hel"ein contained st1all 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 lhis paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and wt\ich 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!~~~t..?_c::.~eJ~Y_9.:.His~tler g~~igD~"l.:?_...____.."_______.__. 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. Invoices submitted after the 120 day time periOd will not be paid.
19.00 Agreement Format: All words used herein in tt)e singular form shall extend to and include lI,e plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender sl1all 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
constilute 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
entenng into of any coqperative agreement, and the extenSion, continuation, renewal, amendment or modification of any
federal contract. grant, loan or cooperative agreement.
If any funds 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 gronts, loans and cooperative agreements) and \118\ all
sub'ecipients 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.
. . ., 168/ 7
71S.030.L'U
l:>tlBUC '{ !MN~WOrn 1\'rlON
oarol
P>1gc 13 01 j4
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Depanment 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 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
10 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
rE!quests 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 or by calling the Department of
Financial Services Hotline, 877-693-5236.
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 sub mil a bid on a contract 10 provide any goods or services to a put)lic entity,
may not submit a bid on a contract with a public enlily 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 tt\reshold 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 worh as a contractor. supplier. subcontractor, or consultant under a contract
with any public entity. and may not transact business with any public entity.
----~-
" , 168 7
n5.030-06
f'UllI.IC lWINSPORTAlION
Olll01
Page 1/1 011"
Financial Project No. 420353-1-94-0 I
----....... ".-----
Contract No. APF60
---..--,,--..,--.---.,.
Agreement Date :J[,.(\L ~q. 6..tJlY1
I
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FOOT
Collier County, BCC
I,GENCY NAME
Donna Fi c;g~,
-
SIGNATORY (Pi'll I
d~
SIGNATURE OEPARTMENT OF TRANSPORTATION
G.h~!.:Q!l.~.~.._.._._...._...._.__._....___._._._.._.._____.._ !~~:~~~~!:.S).r:"J:~~!~:;p.(2r~~~ l},<> !I..n~y.~.lgP.11: ~ ~1,~.. .._.....__.. ......__...... _._
TITLE TITI.E
.,~ \ t.
A....tEST . "
DW'G...rE~. BRqCKj CLERK
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,i_It...\) 01, "
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----
. 166 7
- "/
Financial Management Project Numbcr: 420353-1-94-01
Contract Number: APF60
Collier: Government Center lntcrmodal Hub
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 the Collier County Board of County
Commissioners, 3301 EastTamiamiTraiLNaples,Florida34112, dated J'U.I\f. ~~/~6tt
PROJECT LOCATION:
Property located at the Government Center in Collier County, Florida.
PROJECT DESCRIPTION: To provide for the Department's participation in the Agency's
eligible costs related to the planning, design, site development, and/or construction expenses of a
transit intermodal transfer center for the Collier Area Transit on property located at the
Government Center.
ELIGIBLE PROJECT PERIOD: The eligible project period for this Agreement 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 CONSIDERATIONS 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, 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.
2, Project related issues in which the contract documents allow for alternates or options and
require decisions which directly and significantly affect the quality or function of the
project and are not expressly addressed in the contract documents, must be approved by the
Department.
3. The Agency shall provide a presentation sign to inform the public 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 1 of 3
. . '. 16eJ 7
SPECIAL CONSIDERATIONS BY DEPARTMENT:
1. 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, 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 written 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 shall
produce a Capital Depreciation Schedule for Department review and approval. The
schedule shall be based on a twenty year useful life for the project and shall identify
repayment values calculated by straight-line depreciation over the twenty yearperiod.
c.) In the event 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 the schedule, based 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 reimburse 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 Act.
b) FDOT Project Development and Environmental Manual.
Exhibit A, Page 2 of 3
168 7
. . .~
c) Manual of Uniform Minimum Standards for Design, Construction and Maintenance 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 Chapters 73, 74, 287, 336, 337, and 339 F.S.
f) Title 23, Code of Federal Regulations, Chapter 1, Subchapter A, Part 1, Section 1.23
and Subchapter H, Part 710, Subparts B, C & D, as applicable.
g) Any and all updated versions of items identified in "a)" through "f)," inclusive, above.
h) The Department and the Agency concur to explore through discussions at a date
subsequent to the effective date of this Agreement, the inclusion of an Agency in-kind
contribution to this Agreement in relation to the Fiscal Years 2008/09, 2009/10, and,
2010/11 Department funds in this Agreement.
i) The Agency shall comply with all state and federal rules and regulations during the
design and construction phases of the Intermodal Transfer Station in Collier County.
Exhibit A, Page 3 of 3
... 168 7
Financial Management Project Number: 420353-1-94-01
Contract Number: APF60
Collier: Government Center Intermodal Hub
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Patiicipation Agreement 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 ;TU 1\ L :J..o, I ~D 't
I. PROJECT COST: $2,600,000.00
TOTAL PROJECT COST: $2,600,000.00
H. PARTICIPATION:
Maximum Federal Participation
FTA, FAA (N/A%) or $0.00
Agency Participation
In-Kind* (11%) $281,000.00
Cash (0%) $0.0
Other** (39%) $1,019,000.00
Maximum Department Participation,
Primary
(DS)(DDR)(DIM)(PORT) (50%) or $1,300,000.00
Federal Reil~bursable (DU)(FRA)(DFT A) (N/A%)or $ 0.00
Local Reimbursable (DL) (N/A%)or $ 0.00
TOTAL PROJECT COST $ 2,600,000.00
Ill. MUL TI-YEAR OR PREQUALlFIED PROJECT FUNDING
If project is a multi-year or prequalified project subject to paragraphs 4. 10 and] 7.20 of this
agreement, funds are programmed in the Department's Work Program in the following fiscal
year(s):
2008/09 $ 134,400.00 lntermodal Program funding
2009/10 $ 864,000.00 lntermodal Program funding
2010/11 $ 301,600.00 lntermodal Program funding
Total: $1,300,000.00
Project years may be advanced or deferred subject to Legislative appropriation or availability offunds.
*In-kind: - County's Facilities personnel and Alternative Transportation Modes (A TM) administrative time
through the procurement, design, and construction phases of the project.
**Other -- rcal property value,
Exhibit B, Page 1 of 1
" '. 168~ 7
Financial Management Project Number: 420353-1-94-01
Contract Number: ^J>P60
Collier: Government Center Inlermodal Hub
EXHIBIT C
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and the Collier County Board of County Comm issioners,
3301 East Tamiami Trail, Naples, Florida 34112, dated :::JlJ/\ t. ~tJtl 8.Jlq
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
DEI> ARTMENT
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 equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans, specifications, and contract documents covering the project. The Registered Professional
Engineer of the Agency or their Consultant Engineering Firm shall certify in writing that the plans,
specifications, and contract documents were developed in compliance with the below referenced
"DESIGN DEVELOPMENT CRITERIA". The Department shall review the certification and, if
deemed acceptable, provide official written approval of the plans, specifications, and contract
documents. Failure to obtain this written approval shall be sufficient cause for nonpayment by the
Department as provided in paragraph 8.23. Receipt of such approval shall not rei ieve the agency of
the responsibility for obtaining Departmentreview and written approval for all third party contracts
as speci tied in paragraph ] 2,10. tI
II. DESIGN DEVELOPMENT CRITERIA
The plans, specifications, construction contract documents, and any and all other similar
engineering, construction, and contractual documents produced by the Engineer for the project are
hereinafter collectively referred to as "plans" in this Exhibit.
1
Exhibit C
. 168
, ... " 7
Plans shall be developed in accordance with sound engineering principles and applicable design
criteria, and with generally accepted professional standards. Development of the plans shall also
comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
requirements, and other similar regulations 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.
SUBMITT ALS
CERTIFICA TION/COORDINA TION BASIS OF ACCEPTANCE
A. CONSULT ANT SELECTION Certification by the Agency's Attorney
of compliance with Section 287.055
Florida Statutes "Consultants'
Competitive Negotiations Act"
is required prior to executing the
consultant agreement, as applicable.
B. PRELIMINARY ENGINEERING
1. Environmental Assessment/Permits Certification from the Agency's
Registered Professional Engineer
of compliance with the requirements
of all Environmental Permitting
Agencies, as applicable.
Certification of Compliance with
Department Criteria and Policy
is required from the Agency's Regislered
Professional Engineer, as applicable.
2. Design Certification by the Agency's
Registered Professional Engineer of
compliance with criteria and policy
is required, as applicable.
2
Exhibit C
------- -~----- ,---------_.
., .. 168
7
c. CONSTRUCTION
1. Pre-Construction The Agency shall provide to the
Department one (1) set of the design
plans, specifications and documents
certified by the Agency's Registered
Professional Engineer, as applicable.
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 certification by the
Agency's Registered Professional
Engineer of compliance with the
design plans, specifications,
environmental permits, documents and
the criteria and policy as applicable
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 intergovernmental
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
. . .. 168 7
V. 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 the final invoice on this project to the Department within one
hundred twenty (120) days after the expiration date of the Joint Participation Agreement.
Invoices submitted 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 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 five (5) working
days of receipt and return the invoice for corrections.
VI. SAFETY REQUIREMENTS
Bus Transit S)'stem - In accordance with Florida Statute 341.061, and Rule Chapler 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 Program Plan pursuant to Rule Chapter 14-90 and has performed
annual safety inspections of all buses operated,
VII. REQUIRED SUBMITTALS
SUBMITTA L/CERTIFICA TIO N RESPONSIBILITY
Procurement Requests Agency
Safety Compliance Agency
4
Exhibit C
-- -------------...--
.
'\. ',.. 168 7
Specifications Agency
Invoices Agency
Audit Reports Agency Annually During
Life of Project
Project Progress Reports Agency with Invoices
(In Department approved format) Life of Project
5
Exhibit C
- 168
4 --'''' :-. 1
.
Financial Management Project Number: 420353-1-94-0]
Contract Number: APF60
Collier: Government Center lntermodal Hub
EXHIBIT D
STATE AGENCY: FDOT
CSFA #: 55.014
TITLE: State Intermodal Development program
AMOUNT: $ 1,300,000.00
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 located at the Government Center.
Allowable Cost:
See above.
Elieihility:
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 to, 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 multimodal movement of people and goods.
Matchine:
The percentage of matching funds provided from the State Intermodal Development program
shall be 50 percent of project costs.
~