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Agenda 10/28/2008 Item #16B 5 Agenda Item No. 1685 October 28,2008 Page 1 of 32 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to recognize the revenue received for FY09 of a Florida Department of Transportation Service Development Program Award in the amount of $95,175.00 and to approve a budget amendment. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize the revenue received for FY09 of a Florida Department of Transportation (FDOT) Service Development Program Award in the amount of $95,175.00 and to approve a budget amendment. CONSIDERATIONS: Collier County was awarded a three-year FDOT Service Development Program Award in the total amount of $285,375.00 for the operation of increased frequency on Collier Area Transit's Red Route 1. The Board executed this Service Development Grant Joint Participation Agreement (JPA) on October 10,2006. FY09 is the third and final year of this Service Development Program Award. Each year staff asks the Board to recognize the revenue of $95,125.00 from this award and approve the budget amendment. This year an additional $50.00 will be applied to cover funds not previously allocated. - The FDOT JPA number is #A0K37 and the FDOT Financial Management number assigned to this award is FM# 42044618401. The Service Development Program Funds make possible the continued operations of Collier Area Transit Red Route 1, which runs in a loop on US 41 and Airport Road from the Government Center to the Naples Community Hospital on Immokalee Road. FISCAL IMP ACT: It should be recognized that the grant award referenced above requires a 50% match each year. The $95,175.00 match has been budgeted in FY09 Operating budget in Fund 426 Project 61011. FDOT extended the time of this grant with an amendment and it now expires on October 23, 2009; all remaining grant funds are expected to be spent during FY09. In approving this item the BCC is providing authorization to approve the budget amendment to receive in Fund 426 Project 45062 and use these grant dollars. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: Consistent with Objective 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDA TION: To approve a budget amendment to recognize revenue received from the FDOT Service Development Program Award FM# 42044618401 for FY09 in the amount of$95,175.00. Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Department - Attachments: (1) JP A executed in Item 10D on October 10, 2006; (2) Amendment for JP A Agreement #A0K37; (3) Budget Amendment Page lof2 Agenda Item No. 1685 October 28, 2008 Page 2 of 32 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B5 Item Summary: Recommendation for the Board of County Commissioners to recognize the revenue received for FY09 of a Florida Department of Transportation Service Development Program Award in the amount of $95,175,00 and to approve a budget amendment. 10/28/2008900:00 AM Meeting Date: Prepared By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 10f12f2008 5:28:12 PM Approved By Barbara LaPierre ManagemenUBudget Analyst Date Transportation Services Traffic Operations 1 Of13f2008 1: 38 PM Approved By Lisa Taylor ManagementfBudget Analyst Date Transportation Services Transportation Administration 10/13/2008 2:48 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 1 Of13/2008 3:11 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1 Of14f2008 9:34 AM Approved By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 10/14/20083:53 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 10/15/2008 11 :28 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10f15f2008 12:45 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 10/1612008 9:01 AM file://C:\AgendaTest\Export\ 115-0ctober%2028. %202008\ 16.%20CONSENT%20AGEN... 10/2212008 Page 20f2 Agenda Item No. 1685 October 28, 2008 Page 3 of 32 Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/21/200812:07 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10/21/2008 12:54 PM file://C :\AgendaTest\Export\ 115-0ctober%2028. %202008\16.%20CONSENT%20AGEN... 10/22/2008 ~~daatl:KmNOO .1 15m3 October 18, 2008 Page 4 of 22 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Joint Participation Agreement (JP A) with Florida Department of Transportation in the amount of $570,750, with a 50% match of $285,375 over three years, to provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route and to consider approval of early start-up service. OBJECTIVE: To approve and execute the attached Joint Participation Agreement (JPA) with Florida Department of Tninsportation in the amount of $570,750, with a 50% match of $285,375 over three years, to provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route. Additionally, the Board is being asked to consider early start-up of service which is non-reimbursable until the JP A is fully executed by FDOT. CONSIDERA TION: Transit Service Development funds are made available each year through an application process administered by the Florida Department of Transportation (FDOT). This Joint Participation Agreement (JP A) will provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route. The attached JP A is for a 3 year period. While initial plans were to start the expanded service October 1, 2006 consistent with the Board's approval of the' grant application and subsequent adoption of the FY 2007 budget, the delay in FDOT's delivery of the JPA has caused delay in provision of the service. The Board is being asked to consider allowing service to start after the Board's approval of the JP A while FDOT executes the JP A. It should be noted that the time from start-up of service until the JP A is fully executed will be non-reimbursable under the matching grant, but overall funding from the three (3) year grant should still be fully realized. FISCAL IMPACT: This Service Development Grant of $570,750 will require a 50% match of $285,375, over a period of 3 years. The adopted FY 07 budget identifies expansion of the CAT Red Route as an expanded initiative and programs year one of a three year match commitment (FY 07, FY 08 and FY 09) totaling $95,125 within Collier Area Transit Fund (426). GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Board approve and execute the attached Joint Participation Agreement (.IP A) with Florida Department of Transportation in the amount of $570,750, with a 50% match of $285,375 over 3 years, to provide operational funding for improved frequency of service on Collier Area Transit's existing Red Route. Further, that the Board approve start-up of the expanded service before FDOT's execution of the JP A with the knowledge that the county will incur the full costs for service during the period until FDOT executes the .IP A. Overall funding from FDOT should remain as anticipated even if the Board approves the early start up. ~daatl:ieJrrNgo.1 alee October 28, 2008 Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes Page .5 of 22 Attachment: Joint Participation Agreement (JP A) Item Number: Item Summary: Meeting Date: COLLIER COUNTY Agenda Item No, lOD October 1q,\m:lll1da Item No. 1685 Page 3 Ii! 2/,' October 28, 2008 Page 6 of 32 BOARD OF COUNTY COMMISSIONERS 10D Recommendation to approve and execute the attached Joint Participation .A.greement (JPA) with Flonda Department of Transportation in thH amount of $285,375 to provide operational funding for improved frequency of service on Collier Area Transits existing Red Route and to consider approvai of early start"up service (Norman Feder, Administrator. Transportation Services) 10/10/200690000 AM Date Prepared By Lisa Hendrickson Transportation Services Senior Planner Alternative Transportation Modes 9/181200610:58:50 AM Date Approved By Usa Hendrickson Transportation Services Senior Planner Alternative Transportation Modes 8129/20064:21 PM Date Approved By Diane 8. Flagg Transportation Services Director A TM Director Alternative Transportation Modes 9/211200611:48AM Date Approved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office 9125/20067:47 AM Sharon Newman Date Approved By Transportation Services Accounting Supervisor Transportation Services Admin 912612006 3 :20 PM Approved By Norm E. Feder. AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 9126/20063:34 PM Date Approved By Kay Luongo Transportation Services Grants Coordinator Transportation Admin 9126/20063:51 PM Date Approved By Barbara LaPierre Transportatian Services Management/Budget Analyst Traffic Operations 9126120064:33 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin 9/271200611 :08 AM Date Approved By OMS Coordinator County Manager's Office Administrative Assistant Office of Management & Budget 9128120068:19 AM Date Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget 9129/2006 1 :58 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 9129120066:57 PM ~gedaatl:Km"N'OO.1 ffiflG October 28, 200B Page ~ of :32 JEB BUSH GOVERNOR Florida Department of Transportation 80 1 North Broadway A venue Bartow. FL 33830 DENVER J. STUTLER, JR. SECRETARY September 14, 2006 Ms. Diane Flagg, Director Alternative Modes Department Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34104 RE: New Joint Participation Agreement for the Department~s State Public Transit Service Development Program Participation for Improved Frequency of Service on Collier Area Transit's Existing Red Route Financial Project Number: 420446-1-84-01 Dear Ms. Flagg: Enclosed please fmd four (4) original copies of the new Joint Participation Agreement (Agreement) providing for the Department's Fiscal Year 2006/07 participation, through the State Public Transit Service Development Program, in Collier County's eligible administrative, management, and operational expenses of providing public transportation services. Specifically, this Agreement provides Department funding to Collier County for improved frequency of service on Collier Area Transit's existing Red Route according to Collier County's June 2005 "Service Development Project Proposal" Collier County submitted to the Department, and according to Collier Area Transit's current transit system route map and transit service schedule. Please execute and return three (3) of the original copies of the project Agreement in accordance with the enclosed chec*' .(~:.:t-t~"""~~,,;Jbe fourth (4th) copy of the Agreement is for your records. This Agreement's expiration' date" is 'September 30,2009. That date provides for a three-year time project period as allowed by statute. The Agreement allows for sufficient time for progress reporting and billing purposes. Please see Exhibits A, B and C of the Agreement. Please note: . Paragraph 8.30 of the Agreement entitled, "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 entitled, "Final Invoice." This paragraph establishes a time frame for submitting the final invoice for the projects. . The enclosed Agreement form (Number 725-030-06, April 2006) is new. It contains updated audit sections and a new Exhibit D. District One, Modal Development Office 801 North Broadway Avenue * Post Office Box 1249 * Bartow, FL 33831-1249 (863)519-2388 * (863)534-7172 (Fax) * MS 1-39 ~~daat~1ffi86 October 18,2008 Page 6 of 22 Ms. Diane Flagg September 14, 2006 Page 2 If you require additional information or have any questions, please feel free to contact Richard P. Shine, District Public Transit Administrator, at (239) 461-4300 or at Richard.Shine@dot.state.fl.us. Sincerely, -r.lMf t:L------ Terry Beacham District Modal Development Administrator Modal Development Office TB: RPS:sbs Enclosures: 5 cc: Ben Walker, P .E., Manager, Florida Department of Transportation, lntermodal Systems Development (Letter only) Johnny Limbaugh, Manager, Florida Department of Transportation, Southwest Area Office (Letter only) David L. Hutchinson, Florida Department of Transportation, Intergovernmental Liaison (Letter only) Richard P. Shine, Florida Department of Transportation, District Public Transit Administrator (Letter only) ~daatOOlni\fOO.1 ffim5 October 18, 2008 Page 8 of 22 JPA REQUIREMENTS The following information highlights the major requirements of the Joint Participation Agreement (JPA) between the Florida Department of Transportation and your Agency. While not including all of the requirements of the JPA, the list below does include all of the sections of the agreement that require submittals by your agency to the Department for review/approval. Adherence to this list of requirements should minimize any problems in the administration of the proj ect, however, you should carefully read and understand the entire JPA including all exhibits. Section Description of Requirement(s) 2.40 Submit to the Department all data, records, etc. as listed in Exhibit l1e" of the JPA. 6.10 Submit to the Department, a copy of the budget for the project. This submittal must take place before the preparation and execution of the JPA. If federal funds are involved, submit to the Department a copy of the preapplication and application. 7.60 Submit to the Department for each fiscal year the project is open, a copy of your annual agency audit which conforms to OMB A-128 or A-133. 7.70 Provide to the Department evidence that your Agency is carrying property and casualty insurance on project equipment and facilities in the amount stated in paragraph 4.00 of the JPA. 8.10 File with the Department, requisitions for payments on forms provided with appropriate data as justification. 8.12 Agency agrees to comply with the provisions of Chapter 112.061 F.S. relative to travel expenses. This includes Agency travel as well as any consultants or contractors engaged by the Agency. 8.23 Request and obtain the Department's written concurrence on all actions specified in the JPA. 8.30 Costs incurred by the Agency prior to the date of the JPA or without Department concurrence are ineligible for payment by the Department. ~daatlHntrf\J'OO.1 !DeG October 28,2008 PlEl~ElE!1 ro of 32 12.10 All third party contracts, supplemental agreements, change orders, etc. must have prior written approval by the Department. Failure to obtain this approval will result in non-payment of Department funds. 12.20 If your JPA will fund Consultant Services, then three separate items are covered in this section: 1) The Agency provisions Consultants (CCNA) . must fully of Section Competitive comply with the 287.055, F.S., Negotiations Act 2) The Agency must involve the Department in the Consultant selection process. 3) The Agency I sat torney mus t certi fy to the Department compliance with the CCNA. 13.10 The Agency shall comply with all the conditions specified relative to Equal Employment Opportunity and shall include these provisions in all contracts related to the project. 13.50 The Agency shall comply with all the provisions stated in this section regarding prohibited interests and shall include the specified language in all contracts, subcontracts, etc. 14.10 & 15.00 The Agency shall submit to the Department review and concurrence, all proposals, plans specifications for project equipment facilities. for and and 16.00 Prior to project closeout, the Agency shall certify in writing to the Department that the project was completed in accordance with plans and specifications, is in place on the Agency Facility, title is in the Agency and project is accepted by the Agency. 18.00 Agency agrees to complete project within specified time or request and justify a extension prior to JPA expiration. the time 21.00 Agency agrees to comply with restrictions on lobbying and to include appropriate language in all contracts, subcontracts, etc. Exhibits Agency should be totally familiar with and comply wi th all of the information and requirements in these exhibits. " STATE OF FLORIDA OEPARTMENTOFTRANSPORTATION PUBLIC TRANSPORT A TION JOINT PARTICIPATION AGREEMENT ~daatl=leJrNOO.1 alfll5 October 28,2008 Pi!'l€l~e1 S of 32 725-030-06 PUBLIC TRANSPORTATION 09106 Page' or 14 Financial Project No.: Fund: 010 FLAIR Approp.: 088774 42044618401 Function: 680 FLAIR Obj.: 750012 (nem-aegment-phBse-sequence ) Federal No.: NIA Org. Code: 55012020129 Contract No.: DUNS No.: Vendor No.: 5960000558004 CFDA Number: N/A CSFA Number: 55012 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Naples, Florida 34112 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before September 30,2009 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 341.051 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration ofthe mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation, through the State Transit Service Development Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation services and as further described in Exhibit(s) A, B, C, an d D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. ~~dQcHIiem1Wo.l ffiflG October 18,2008 PB!3!3e1 9 of 22 725-030-a3 PUBLIC TRANSFORTA TION 09106 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the proVisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost The total estimated cost of the project is $ 570,750 . This amount' is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies. in the project in the amount of $ 285,375 as detailed in Exhibit "B", or in an amount equal to 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 that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget.(Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit 6.00 Project Budget and Payment Provisions: 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. ~gedaatOOllrl\J'OCJ.1 ffiB5 October .18, 2008 Page 1B of 22 725-03~ PUBliC TRANSPORTATION 091De PIIQ8 3 of 14 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 ofthe amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by property 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 property signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. ~gedaatOOnrM;lo.1 ffiflB October 18, 2008 Page 14 of 22 72&-030-08 PUBliC TRANSFORTATlON 09106 Pege 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS 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, 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 FOOTs 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 govemment, 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 thi s 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) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "0" to thi s 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 package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. Ifthe recipient elects to conduct such an audit, the cost of the audit must be paid from the recipienfs 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. 725-030-06 PUBLIC TRANSPORT A TIOH 09106 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state offici al. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue. Bartow, Florida 33830 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMS Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 In addition, pursuant to Section .320 (t), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMS Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 ~~dacHIffi1ni\.No .1lBe15 October 28,2008 p ag~2t~:2J, 32 PUBLIC TRANSPORTATION 09106 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 S. 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 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the folloWing addresses; Florida Department of Transportation, District One, Modal Development Office 801 North Broadway Avenue, Bartow, Florida 33830 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMS 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 OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. . 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 ofthe 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. ~gedaatl:kmi\tOO.1 ffieG October 28,2008 Page72~22 PUBLIC TRANSPORiATION 0QIll6 Page 7 of 14 8.00 Requisitions a nd Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Oepartment of Transportation, District One Public Transportation Office 801 North Broadway Avenue, Bartow , FL, 33830 its requisition on a form or forms prescribed by the Departmen~ and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Oepartment will honor such requiSitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 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. ~~daat~.1aJm5 October 18, 2008 Page7Ub~2 PUBLIC TRANSPORTATION 09106 Page 8 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notic e of Termination or Sus pension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Com pletion of Project Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts ofthe Agency: 12.10 Third Party AgreementS: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. ~gedaat~.1 6iElf5 October 28, 2008 Page 18 of 22 725-Q30.06 PUBLIC TRANSPORTATION 09106 Peg. e Of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Polley 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, sh!ill have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DeE 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 Susiness Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Susiness Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civ il Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department ofTranspo~ation 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 govemment issued thereunder, and the assurance by the Agency pursuant thereto. ~~daatOOllr1\No.1 16flG October 18, 2008 Page 10 of .32 n5-03M6 PUBliC TRANSPORTA nON 09Ill6 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. ~gedaa tOOln1\l'OCJ.1 alB5 October 28, 2008 Page 2!t of 22 725-030.0& PUBLIC TRANSPORTATION 09106 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Sai d proportional amount shall be determined on the basis of the ratio of the Department financing of the faci lity or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses attrial. 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 conceming any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. ~~daat~.1lDl3f.5 October 18, 2008 Page 19 of 22 725-03lJ.06 PUBLIC 'TRANSPORTATION 09106 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of fun ds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before September 30, 2009 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency . ~daatOOurMk>.115fl15 October 18, 2008 Page 28 of ~2 72~3~ PUBLIC TRANSPORTATION 09106 Page 130f 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment Invoices which have to be retumed 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) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. ~gedaatOOlrrN'OO.1 aleG October 18, 2008 Page 24 of 22 n!Ml31).()6 PUBliC TRANSPORTATION 09I0S Page 104 of 104 Financial Project No. 42044618401 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Collier County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATORY (PRINTED OR TYPED) SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Director of Production or His/Her Designee TITLE ~gedaatlimrN'OO.1 Glm5 October 18,2008 Page 22 of 22 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112 referenced by the above Financial Project Number, dated PROJECT LOCATION: Collier County PROJECT DESCRIPTION: This Agreement provides for the Department's participation, through the State Transit Service Development Program, in the Agency's eligible administrative, management, and operational expenses of providing public transportation services, Specifically, this Agreement provides Department funding to the Agency (Collier County) for ".. .improved frequency of service on Collier Area Transit's existing Red Route..." according to the Agency's June 2005 "Service Development Project Proposal" (incorporated herein by reference) the Agency submitted to the Department and according to the Agency's most recent Collier Area Transit transit system route map and transit service schedule incorporated herein as Exhibit AI. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERA nONS BY DEPARTMENT: 1. The Florida Legislature enacted the Public Transit Service Development Program to provide initial funding for special projects. 2. As required by Department's "Public Transit Service Development Program" procedure, Topic Number 725-030-005-g, dated December 15, 2004, this Agreement ". ..shall specify that if deemed successful by their own measures, Service Development Projects must be continued by the public provider without additional Public Transit Service Development Program funds." 3. The "Project Objectives" as stated in Number 6, and the "Criteria for Success" as stated in Number 8, both in the Agency's June 2005 "Service Development Project Proposal" (incorporated herein by reference) the Agency submitted to the Department specifically identify results to be achieved from the implementation of this Agreement. Page I of2 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program Exhibit A, Page 2 ~gedaat~.1 ffitiG October 28,2008 Page 26 of 22 4. The "Operational Responsibilities," that is, a list of specific actions the Agency will take to meet the "Project Objectives" are those stated in Number 7, "Operational Responsibilities," in the Agency's June 2005 "Service Development Project Proposal" (incorporated herein by reference) the Agency submitted to the Department. 5. Regarding "financial responsibilities," as referenced in the Department's "Public Transit Service Development Program" procedure, Topic Number 725-030-005-g, dated December 15, 2004, maximum State funding for a local service development project is calculated by first subtracting from the total project cost any Federal funds, fares, contract revenues, Commission for the Transportation Disadvantaged, or other funds to determine the net project cost The Department may provide up to one-half of the net project cost, but no more than the amount of funding the Agency is providing. 6. During the term of this Agreement, the Agency will provide to the Department a minimum of five (5) semiannual reports, and one (I) final report on the progress of the project provided for herein. The Agency may provide quarterly reports at the Agency's option, The time periods and the schedule for the progress reports are as follows: Semiannual Progress Reports: Semiannual Progress Reports: Reportine Periods Due-Dates October 1, 2006 - March 31, 2007 April 30, 2007 April 1, 2007 - September 30,2007 October 31, 2007 October 1,2007 - March 31, 2008 April 30,2008 April 1,2008 - SePtember 30,2008 October 31, 2008 October 1,2008 - March 31,2009 April 30, 2009 Final Progress Report: Final Progress Report: Reportin2 Period Due-Date April 1, 2009 - September 30,2009 October 31, 2009, or with the final invoice, but not later than December 31, 2009 7. As stated in Section 341.05 I, Florida Statutes, the Department is authorized to fund Public Transit Service Development Program that will improve system efficiencies, ridership, or revenues, The Agency must abide by the following specified time duration(s) for the following eligible functional areas with respect to expenditure of Public Transit Service Development Program funding under this Agreement seeking reimbursement from the Department: a. For projects that improve system operations: A duration of no more than three years; b, For projects that improve system maintenance procedures: A duration of no more than three years; c. For projects that improve marketing and consumer information programs: A duration of no more than two years, and d. For projects that improve technology involved in overall operations: A duration of no more than two years. Page 2 of2 ~D8daatl:ie1rrf\l'OO.1 ffieG October 28, 2008 Page 24l of ~Z Collier County Financial Project Number: 420446-1-84-01 Contract Numbcr: Service Development Program EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners. 3301 East Tamiami Trail. Naples. Florida 34112 referenced by the above Financial Project Number, dated I. PROJECT COST: $570,750.00 Referencc: This Agreement provides Department funding to the Agcncy (Collier County) for" ...improvcd frequency of service on Collier Area Transit's existing Red Route" (Sec Exhibit A. ''Project Dcscription and Rcsponsibilitics." TOTAL PROJECT COST: $570,750.00 II. PARTICIPATION: Maximum Federal Participation FTA, FAA ( N/A %) or $0,00 Agency Participation In-Kind Cash Other ( N/A %) or $0.00 ( 50 %) $285,375.00 ( N/A %) or $0.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) Federal Reimbursable (DU)(FRA)(DFTA) Local Reimbursable (DL) ( 50 %) or $285,375.00 ( N/A %) or$O.OO ( N/A %) or $0.00 TOTAL PROJECT COST $570,750,00 Page 1 of 1 ~geddat~.1 ffilll5 October 18, 2008 Page 28 of 22 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program EXHIBIT "c" (General) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board ofCountv Commissioners. 3301 East Tamiami Trail, Naples, Florida 34112 referenced by the above Financial Project Number, dated 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 Format The Agency shall submit invoices on forms provided by the Department and prepared ip accordance with instructions given by the Department Back-up, that is, supporting documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 2. 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. SECTIONS MARKED WITH AN X ARE APPLICABLE TO THIS AGREEMENT Safety Requirements X Bus Transit System - 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. lof2 ~gedaa~1ffie6 October 28,2008 Page 28 of 22 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program Third Party Contracts The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below. written approval is hereby granted for: X 1. X 2. X 3. X 4. Execution of contracts for materials and/or vehicles from a valid state or inter- governmental contract. Other contracts less than $25,000.00 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. Recurring. renewable, or on-going operational contracts that have less than a twenty- five percent (25%) change in total dollar amounts from one year to the next. Purchase of service contracts where the Agency will provide transportation service for a fee. Required Submittals RESPONSIBILITY SUBMITT AL/CERTIFICA TION X Procurement Requests X Safety Compliance X Specifications X Invoices X Audit Reports X Project Progress Reports (In Department approved format) Agency Agency Agency Agency Agency Annually During Life of Project See Exhibit A. "Special Considerations by Department. "Number 6; Life of Project 2 of2 Collier County Financial Project Number: 420446-1-84-01 Contract Number: Service Development Program AOOedaatOO1n1\tOO.1 ffieB October 18, 2008 Page 20 of 22 EXHIBIT "0" FEDERAL AND/OR STATE RESOURCES" 725-03lJ.<l6 PUBLIC TRANSPORTATION 04/06 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: · The services and purposes for which the Agency will use the State Public Transit Service Development Program resources, pursuant to Section 341.051, Florida Statutes, and Rule Chapter 14-73, "Public Transportation, Florida Administrative Code are the Agency's eligible administrative, management, and operational expenses of providing public transportation services. Specifically, this Agreement provides Department funding to the Agency (Collier County) for"... improved frequency of service on Collier Area Transit's existing Red Route." FEDERAL RESOURCES Federal Agency N/A Catalog: of Federal Domestic Assistance (Number & Title) Amount N/A N/A Comnliance ReQuirements 1. N/A 2. N/A 3. N/A STATE RESOURCES State Agency Florida Department of Transportation Catalog of State Financial Assistance (Number & Title) State Public Transit Service Development Program CSFA No. 55012 Amount $285,375 Compliance ReQuirements I. As set forth in Section 341.051, Florida Statutes, Rule Chapter 14-73, "Public Transportation, Florida Administrative Code, this Joint Participation Agreement, and its Exhibits A, B, and C Matching Resources for Federal Programs Federal Agency N/A Catalog of Federal Domestic Assistance (Number & Title) Amount N/A N/A Comnliance Requirements: N/A NOTE: Section AOO( d) of OMB Circular A-133, as revised, and Section 2] 5. 97( 5Xa), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page ] of 1 Florida Departmen 0 Agenda Item No. 1685 October 28,2008 Page 31 of 32 JEB BUSH GOVERNOR DENVER J. STUTLER, JR. SECRETARY DATE: TO: FROM: December 5, 2006 Ms. Diane Flagg, Director, Collier CountyTransit, Alternative Modes Department Terry Beacham, District Modal Development Administrator..,.-z, B SUBJECT: EXTENSION OF TIME - JOINT PARTICIPATION AGREEMENT FINANCIAL MANAGEMENT NUMBER: 420446-1-84-01 FEDERAL PROJECT NUMBER: N/A CONTRACT NUMBER: A0K37 COUNTY: COLLIER PROJECT DESCRIPTION: SERVICE DEVELOPMENT "RED ROUTE" FREQUENCY OF SERVICE The time allotted for the completion of services on subject agreement dated October 24. 2006 and any supplementals thereto will expire on September 30.2009. ' In accordance with Section 18.00 of the Joint Participation Agreement, you may request a time extension. For your convenience, you may complete, sign, date and return this form to me. Coli ier County Trans it requests that the Joint Participation Agreement for this subject project be extended until October 23. 2009. According to State Statute govemingthe State Transit Service Development Program, funding is available for a three- year period. This time extension es ' lishes consistency betweerthis project and the three-year eligible period. Agency: Collier County Transit . , (Date) . :., By: Diane Flagg (Typed Name) Title: Director. Collier County Transit Alternative Modes Department RECOMMEND FOR APPROVAL: --r;A,.t~' 13 ~ '>_ J----- '_ Distri t Modal DevelopmentAdministrator ~PROV~ ~ District Secretary, District One or Deputy Director of Transportation Development d Il ~I D1 Distribution Date Date: Q(I'd/ol , cc: Ms. Diane Flagg, Director, Collier County Transit, AlternativeModes Department Mr. Norman E. Feder, AICP, Administrator, Collier County Transportation Services Ms. Sue Faulkner, Principal Planner, Collier County Transit, Alternative Modes Department Mr. Ben Walker, P.E., Intermodal Systems Development Manager District One Financial Services Office Mr. Richard P. Shine, District Public Transit Administrator Ms. Julia B. Davis, AICP, Transit Projects Coordinator TWB/JBD/ss . ',' District One, Public Transportation Office 801 North Broadway Avenue*Post Office Box 1249*Bartow, FL 33831-1249 (863) 519-2388*(863) 534-7172 (Fax)"'MS 1.39 www.dot.state.fl.us ~OLLIER COUNTY G~ERNMmi~~:i ~p~~ TRANSPORTATION SERVICES DIVISION Alternative Transportation Modes Department 2885 Horseshoe Drive South e Naples, Florida 34104 e239-774-8192 e FAX 239.213.5899 Terry Beacham District One Modal Development Administrator Florida Department of Transportation 801 North Broadway Ave PO Box 1249 Bartow, FL 33831-1249 December 11, 2006 RE: Extension of Time - JP A Financial Management Number 420446-1-84_01 Contract Number A0K37 for the "Red Route" Dear Mr. Beacham, Thank you for sending the IP A extension of time form. Collier County requests that the time for the JPA for Financial Management Number 420446-1-84-01 be extended until October 23,2009. This JPA time extension request is for Contract number A0K37, an agreement between Collier County and the Department of Transportation for the service development of "Red Route" frequency of service. Please consider recommending the approval of our time extension request....;' Thank: you for your assistance in this matter. ~~~ Sue Faulkner Principal Planner Dept. of Alternative Transportation Modes End: I cc: Richard P. Shine, District Transit Program Administrator Julia B. Davis, AICP, Transit Projects Coordinator Nonnan E. Feder, AICP, Administrator, Collier County Transportation Services Sharon Newman, Collier County Elizabeth Suchsland, CAT c D [~ . .,. c D .v sr:'~~1~~ .. v?~;</ ~.~ ~~ ~tr 'f ~ ~ ~.k~~ c. ,u!- K " -