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Agenda 06/24/2008 Item #16B 6 Agenda Item No. 16B6 June 24, 2008 Page 1 of 29 EXECUTIVE SUMMARY To recognize the remaining dollars awarded to AM356 Section 5303 Transit Planning in the amount of $95,754 and closeout Project 35083 in Fund 126 and move residual budget to Fund 128, Project 35084 in the amount of $34,347. OBJECTIVE: To obtain the Board of County Commissioners' approval of the fully awarded 5303 Transit Planning funds from the Federal Transit Administration ("FTA") passed through the State of Florida, Department of Transportation ("FDOT") to carry out transit planning actiyities. CONSIDERATIONS: The MPO entered into a five-year Joint Participation Agreement (JPA) with the Florida Department of Transportation on December 9, 2002, for FTA Section 5303 funding to undertake transit planning activities. Total funding received through subsequent annual awards has been $270,016 with a 10% match requirement of $30,002 for a total award of $300,018. The match is funded by the MPO's local governments which include Collier County, City of Naples and City of Marco Island. Contributions based on the total award equate to $18,75l.25, $7,500.50, and $3,750.25 respectively, Everglades City will not be asked to provide a local match as Collier Area Transit does not provide service to Everglades City. Award Match Total 2006/07 2005/06 2004/05 2003/04 2003/02 $71,199 $7,911 $79,110 $60,948 $6,772 $67,720 $56,568 $6,285 $62,853 $58,801 $6,533 $65,334 $22,500 $2,500 $25,000 $270,016 $30,002 $300,018 Through the years, only $204,264 of the total award $300,018 has been budgeted. There is still $95,754 awarded but not budgeted to date. This item will correctly recognize the grant funding of $95,754 into Fund 128. The $95,754 consists of expected grant proceeds and local match funds. Collier's proportionate percent of the match equals $8,675. City of Naples and City of Marco Island match equals $3,252 and $1,626, respectively. In addition, a portion of the existing $204,264 budget resides in Fund 126 in the amount of $34,347. The original funding was set up in Fund 126 which held all Transportation grants including MPO. In fiscal year 2006, Transportation's grant funds were restructured and MPO funding was separated into Fund 128. Fund 126 is no longer used and requires a budget amendment to move the existing funding into the correct Fund 128. Agenda Item No. 1686 June 24, 2008 Page 2 of 29 FISCAL IMPACT: That the Board of County Commissioners would budget its share of the local match in the amount of $8,675, for FT A's Section 5303 transit planning grant and approye a budget amendment to move $8,675 from Fund III reserves. GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. - , RECOMMENDATION: That the Board of County Commissioners approves all necessary budgets amendments to utilize the full award of 5303 Transit Planning funds. Prepared By: Therese Stanley, Grants Coordinator, Transportation Administration. Attachments: (I) AM356 Contract; (2) AM356 Annual Awards; (3) AM356 Amendment; (3) AM356 SAP Budget Page ] of ] Agenda Item No. 16B6 June 24, 2008 Page 3 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1686 Meeting Date: To recognize the remaining dollars awarded to AM356 Section 5303 Transit Planning in the amount of $95,754 and closeout project 35083 in Fund 126 and move residual budget to Fund 128 project 35084 in the amount of $34,347. 6/24/2008 900:00 AM Prepared By Phil! Tindall Principal Planner Date Transportation Services Transportation Planning 6/9/200810:34:54 AM Approved By Marlene J. Foard Grants Coordinator Date Administrative Services Administrative Services Admin. 6/9/20084:24 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 6/10/200811:05AM Approved By Phil! Tindall Principal Planner Date Transportation Services Transportation Planning 6/11/20081 :48 PM Approved By Norm E. Feder, Alep Transportation Division Administrator Date Transportation Services Transportation Services Admin. 6/12/20083:24 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 6/12/20083:30 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 6/12/20084:13 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/17/200810:02 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/17/20089:48 PM file://C;IAgendaTestIExportl] ] 0-June%2024, %2020081] 6.%20CONSENT%20AGENDAI 1... 6/18/2008 ...,I..!' ~ . . STATE OF FLORIDA DEPARiMENTOF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Agenda Item No. 1666 June 24, 2008 PUBLlc~,\%lrf.m~ Page 1 0112 . Fund: 010 FLAIR Approp.: 088774 - Financial Protct No.: FLAIR Obj.: 790004 2047911140 Function: 215 (ltern-segment-pnase-sequence) Org. Code: 55012020129 Contract No.: AM356 Federal No.: FL-8o-X011 Vendor No.: 596000558-057 Catalog of Federal Domestic Assistance Number: 20.505 Catalog of State Financial Assistance Number: N/A THIS AGREEMENT, made and entered into this 9111 day of :;j:)ecEJt4t!JE7C. ,;;;.otJ;}-, 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 Metropolitan Planning Organization 2685 South Horseshoe Driye, Suite 211, Naples, FL 34104 hereinafter referred to as Agency. 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(1)(a) . Florida Statutes, to enter into this Agreement. ~ NOW, THEREFORE, in consideration of the mutual coyenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to proYide for the Department's participation in Agency expenses associated with the Agency's completion of multi modal transit planning and technical studies identified in the Agency's approved Fiscal Year 2002/03 Unified Planning Work Program, and the Agency's subsequent Fiscal Year 2003/04, 2004/05, 2005/06, and 2006/07 Unified Planning Work Programs as they may be approyed, in accordance with the "Project Description" in Exhibit A, attached hereto, and as further described in Exhibit(s) A, B, and C attached hereto and by this reference made a part hereof, hereinafter referred to as the proJect, and to prOVide Uepartmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be proYided and the understandings as to the manner in which the project will be undertaken and completed. . ( . . " . . Agenda Item No. 16B6 June 24, 2008 PaCl!ll@.l<JI~ PUBLIC TRAlIlSP ADMIN. Q7102 Pagll2of12 .. 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, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the proYisions herein, anp all applicable laws. . 2.20 Pursuant to Federal, State, and Local Law: In the eyent that any election, referendum, approyal, 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 proyisions of the Agreement, the Agency will initiate and consummate, as proYided 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 "e" 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 summarjzed in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits inyolyed. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, - in the project in the amount of $ See Exhibit B as detailed in Exhibit "B", or in an amount equal to the J 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) Legislatiye approyal of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Ayailability of funds as stated in paragraph 17.00 of this Agreement; (c) Approyal of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approyal of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes ayailable. 4.20 Front End Funding: Front end funding 0 is Ie) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs uPio 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 Departmenfs discretion, on or before the completion of the final project audit. ., . I, . . . Agenda Item No. 1686 June 24. 2008 PUBLICT~~m P.ge30112 .' . 6.00 Project Budget and Payment Proyisions: '- 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budge~ carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approyed budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of thi!j1 Agreement and is approved by the Department Comptroller. 6.20 Payment ProYisions: Unless otherwise allowed under paragraph 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 inyoice 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 Goyernments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectiyely as the "project account". Documentation of the project account shall be made ayailable 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 Receiyed Or Made Ayailable 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 proyided for, accruing to, or otherwise receiyed on account of the project, which Department payments and other funds are herein collectlyely 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 haye been approyed for the l 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 approyed 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 approyed budget or attributable to actions which haye 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 projec~ including any approyed services contributed by the Agency or others, shall be supported by properiy executed payrolls, time records, inyoices, contracts, or youchers eYidencing 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 youcher 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, youchers, 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 yisits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reyiews, inyestigations. 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 r audits or eyaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor ( General, or any other state official. 1 . . . Agenda Item No. 16B6 June 24. 2008 PUBlIC~'\\~'%~ Page 4 of 12 . " 7.61 Federal Audit: In the eyent the Agency expends a total of $300,000 or more in Federal awards in its fiscal year, the Agency must haye a single or program-specific audit conducted in accordance with the proYisions of OMB Circular A-133. 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. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to haye an audit conducted in accordance with the proYisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. ' The Agency agrees to allow the Department or an independent auditor of the Department the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 etseq. Pursuant to OMS Circular A-133, Subpart C, .320(d), the Agency shall proYide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMB Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street JeffersonYille, IN 47132 J 7.62 State AudIt In the eyent that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must haye a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executiye Office of the Goyernor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards receiyed for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to haye an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes. The Agency shall proYide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other RequIrements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with indiyidual 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 correctiye action to eliminate such audit findings or a statement describing the reasons that correctiye action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and correctiye action plans. ',' . . Agenda Item No. 16B6 June 24, 2008 Pa~""(;f~ PUBLIC TfWQgp ADMIN. 07102 Pa;eSof12 . 7.70 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 eyent 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 eyent this Agreement is for purchase of land Dr for the construction Df infrastructure such as airpDrt runways the Department may waiye or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to Dbtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 North Broadway AYe., 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 Inyoices for fees or Dther compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 lnyoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum proYided in Chapter 112.061, Florida Statutes. . 8.13 For real property acquired, submi~ (1) the date the Agency acquired the real property, (2) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. ( (3) 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 oyersight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real prDperty. 8.20 The Department's ObligatiDns: Subject to other proYisions 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. Howeyer, notwithstanding any other proYision 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 haye 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 adyersely affect the projecL the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall haye taken any action pertaining to the project which, under this agreemenL requires the approyal of the Department or has made related expenditures or incurred related Dbligations without haying been adyised by the Department that same are approyed; 8.24 Conflict of Interests: There has been any yiolation of the conflict of interest prDvisions contained herein; or 8.25 Default: The Agency has been determined by the Department tD be in default under any of the proYisions of the Agreement 8.26 Federal Participation (If Applicable): Any federal agency prDYiding federal financial assistance t( the project suspends or terminates federal financial assistance to the project. In the eyent of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. , . . Agenda Item No. 16B6 June 24, 2008 pu.ucf~~~ P8ge60t12 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 effec:tye date of this Agreeme~t, costs ~hiCh are not proYided for in the latest .. approyed budget for the project, and costs attributable to goods or services recelyed under a contract or other . arrangements which haye not been approyed in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department res!llting 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 eyents or conditions set forth in paragraphs 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 eyent 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. J 9.11 Action Subsequentto 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 actiyities 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 adyance payment preyiously receiyed as is determined by the Department to be due under the proYisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approyed 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 approyal of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiyer of any claim which the Department may otherwise haye 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 proYisions of Chapter 119, Fiorida Statutes and made or receiyed in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, proYision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department tts 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 Departmenfs authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and deyelopment of the project. 12.00 Contracts of the Agency: -, 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approyal of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as proYided in paragraph 8.23. The Department specifically reserves unto itself the right to reyiew the qualifications of any consultant or contractor and to approye or disapproye the employment of the same. . . Agenda Item No. 16B6 June,,6~u ;l,QQJ).~ PU.L1.P~~I.b"'~ Pllge1of12 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 involyes a consultant "- contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with proyisions of Chapter 287, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will inyolye 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' CompetitiYe Negotiation Act. 12.30 Disadyantaged 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 haye 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 Disadyantaged Business Enterprises as defined in 49 CFR Part 26, as amended, haye 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 Disadyantaged Business Enterprises haye 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. 13.00 Restrictions, Prohibitions, Controls, and Labor Proyisions: . 13,10 Equal Employment Opportunity: In connection with the carrying out of any projec~ the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin.l 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 adyertising; 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, remoyal, 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 proYisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Ciyil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII- CiyjJ 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 Ciyil 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. ( . . Agenda Item No. 16B6 June ~7~~ PUBlIf~pl~~J02 Page8cf12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into ...... any contract, subcontract, or arrangement in connection with the project or any property included or planned to be ~ included in the project, in which any member, officer, or employee of the Agency dUring hIs tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee inyoluntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waiye the prohibition.contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall haye any interest, direct or indirect, in this contract or the proceeds thereof." The proYisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 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 Proyisions: .J 14.10 Enyironmental 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 eyent 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 Waiyed: In no eyent shall the making by the Department of any payment to the Agency constitute or be construed as a waiyer by the Department of any breach of coyenant 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 ayailable to the Department with respect to such breach or default. 14,40 How Agreement Is Affected by Proylsions Being Held Inyalid: If any proYision of this Agreement is held inyalid, 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 approyal 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 proYision thereof, perform any other act or do any other thing in contrayention of any applicable State law; ProYided, that if any of the proYisions of the Agreement Yiolate 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. " . . Agenda Item No. 16B6 June 6P\.2P.o.~- PUBlId"~PT;l,~ Page9cf12 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 apprOYed 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 agre":.~,~ ~,!inlainp~perty records, conduct physical inyentories and deyelop control systems as required ~ 49.eFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as proyided in this Agreement. 14.90 Contractual Indemnity: To the extent proYided 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 haye 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) . wor1<.ing days and will jointly discuss options in defending the claim. After reYlewing 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 waiyer 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 eyaluation, settlement negotiations, and trial, if any. Howeyer, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involyes the purcha!;ing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approyal all appropriate plans and specifications covering the project. The Department will reyiew all plans and specifications and will issue to the Agency written approyal with any approyed 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 Departmenfs satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approyal shall be sufficient cause for nonpayment by the Department as proYided In paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final inyoice, 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 suitabie for the intended purpose. . ( . . Agenda Item No. 16B6 June 24, 2008. PUBLlf~~~ Page 10of12 .. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the eyent 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), Florida Statutes, 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 inyolyes the expenditure of money in excess of the amounts budgeted as ayailable for expenditure during such fiscal year. Any contract, verbal or written, made in yiolation of this subsection is null and yoid, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are ayailable prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall preyent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the yalue of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated yerbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which haye 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 March 31, 2008 . 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 paragraph 9.00 of this Agreement shall be initiated. 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 haye 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 empioyee of a Member of Congress in connection with the awarding of any federal contrac~ the making of any federal gran~ the making of any federal loan, the entering into of any cooperatiYe 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 haye 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 cooperatiYe agreements) and that all J subrecipients shall certify and disclose accordingly. . . Agenda Item No. 16B6 June 2fu~~ PUBLlt'~~~4lTlo:1 Page 11 of 12 . 21.20 State: No funds receiyed pursuant to this contract may be expended for lobbying the Legislature or a "- state agency. 22.00 Vendors Rights: Vendors (in this document identified as Ageflcy) proYiding goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has fiye (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 deliyer a request for payment (youcher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the inyoice is received or the goods or services are received, inspected and approyed. If a payment is not ayailable within 40 days after receipt of the inyoice and receipt, inspection and approyal of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the inyoice amount to the Agency. The interest penalty proYision applies after a 35 day time period to health care proyiders, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Inyoices which haye to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The inyoice payment requirements do not start until a properly completed inyoice is proYided to the Department A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this indiYidual 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 (9Q4)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the foliowing is applicable to this agreement. . 287.133(2)(a) "A person or affiliate who has been placed on the conyicted yendor list following a conYiction 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 proyided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the conyicted yendor list." 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory yendor list may not submit a bid on a contract to proyide 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. . ( .,; --, . Agenda Item No. 16B6 June 24, 2008 pU.lIg~~~ Page 120112 . Financial Project No. 20479111401 Contract No. AM356 Agreement Date /~/o9/~(}- I "/ IN WITNESS WHEREOF, the parties hereto haye caused these presents be executed, the day and year first aboye written. AGENCY FDOT Collier County Metropolitan Planning Organization AGENcY ~E See attached Encumbrance Form for date of Funding 0proyal by Comptroller ~ . fJ1Jf-t-f k LEGAL REVIEW ~~~~~^~ , ~~ DEPARTMENT OF TRANSPORTATION ) ~nrnmi~~;nnAr nonna F;aJa SIGNATORY (pRINTED OR lYPEO) ~}~~- SIGNATURE qi MPfl rh.-=.irpprc::nn TITlE Dirprtnr of Pronllrtion TITLE RECYCLED PAPER @ . . Agenda Item No. 16B6 June 24, 2008 Page 16 of 29 . Collier County MPO Financial Project Nwnber: 20479]-]-]4.0] Contract Nwnber: AM356 '- EXlllBIT "A" PROJECT DESCRIPTION AND RESPONSffiILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Metropolitan Planning Org~zatipn, 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104 dated IDL~rO"', PROJECT LOCATION; Collier County, Florida PROJECT DESCRIPTION: The Agency will undertake and complete the Federal Transit Administration (PTA) Section 5303 funded tasks the Agency included in its Fiscal Year (FY) 2002/03 Unified Planning Work Program (upWP) as may be approved and amended, and as may be succeeded by approved and amended FY 2003/04, 2004/05, 2005/06, and 2006/07 UPWPs. . 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 fiscal year of award, contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog ofFederal 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. SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written requests for minor changes or amendments to the services provided by this agreement. The Department will provide written responses to all such requests. A minor change or amendment is defined as a non-material change to the agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget of the agreement. . Page I of I r . . Agenda Item No. 16B6 June 24, 2008 Page 17 of 29 -4 Collier County MPO Financial Project Number: 204791-1-14-01 Contract Number: AM356 EXHIBIT "B" PROJECT BUDGET (For Transit Multi-Year Projects) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Metropolitan Planning o~zat~, 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104 dated / OJ 'd-: PROJECT ESTIMATED AND PROGRAMMED BUDGET: ) The Department has programmed the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit "C". This funding will be made available, annually, in the following manner. After all program requirements have been met, the Department will encumber funds for that fiscal year and will advise the agency in writing of the amount offunding available and the beginning date when eligible project cost may be incurred. This notification must be signed by the agency and returned to the Department. FY 2002/03 Local Funding (LF) Federal-Pass Through Funding (DU) State Funding (DS/DDR) TOTAL AMOUNT ( 10 %) ( 80 %) ( 10 %) $ 2.500.00 $ 20.000.00 $ 2.500.00 $ 25.000.00 It is the intent of the Department to participate in the project to the level of funding encumbered not to exceed 50% of the eligible and allowable non-federal share or which ever is less. -, Page 1 of 1 . . . . Agenda Item No. 1686 June 24, 2008 Page 18 of 29 . Collier County MPO Financial Project Number: Contract Number: 204791-1-14-01 AM356 '- EXHIBIT "C" (Section 5303 Multi-Year) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Metropolitan PlaqninJ Qrganization, 2685 South Horseshoe Drive, Suite 211, Naples, Florida 34104 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 Time The Agency must submit an invoice to the Department within one hundred and twenty (120) days from the ending date of the eligible billing period covered by the invoice, Should the Agency not submit a correctly prepared and documented invoice within the proper time frame, the Department may deny payment of the Department's share of the invoice, 2. Required Submittal Format The Agency shall submit invoices on forms provided by the Department and prepared in <.... accordance with instructions given by the Department. Back-up documentation will include the appropriate items necessary to verify costs incurred and the eligibility of said costs. 3. Approval of Submittal Goods or services received under this agreement shall be approved/disapproved by the Department no later than five (5) working days after receipt, by the District Public Transportation 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, Third Party Contracts Pursuant to Paragraph 12.00 of the Joint Participation Agreement, the Department must give prior written approval for all third party contracts. However, the Department hereby grants approval for the contracts described below; 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental contract. 1 of 3 ( ., J -, . . . Agenda Item No. 16B6 June 24, 2008 Page 19 of 29 . Collier County MPO Financial Project Number: Contract Number: 204791-1-14-01 AM356 2. Other contracts less than $5.000.00 excluding consultant services or construction contracts. The Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award, 3, Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent (25 %) change in total dollar amounts from one year to the next. Required Submittals SUBMIIT ALlCERTIFICA TION RESPONSIBILITY Procurement Requests Agency Specifications Agency Invoices Agency Audit Reports Agency Annually During Life of Project FEDERAL SECTION 5303 PROGRAM Program Requirements This Agreement is in conformance with Chapter 339 Florida Statutes, The Metropolitan Planning Organization (MPO) shall adhere to the various Federal requirements documented in Federal Transit Administration (FfA-formerly UMTA) Revised Circular 8100.1B, "Program Guidance and Application Instructions for Metropolitan Planning Program Grants, "including Title VI of the Civil Rights Act of 1964, Disadvantaged Business Enterprise requirements, and the Americans with Disabilities Act of 1990, and all other federally required certifications and assurances made in its application to the Department for Section 5303 funds. The MPO shall adhere to all applicable planning requirements established and set forth by the U.S, Department of Transportation, including development and timely submission of its Transportation Improvement Program (TIP) and annuallbiennial element and Unified Planning Work Program (UPWP). The MPO shall comply with any special conditions imposed by the Federal Transit Administration (FI' A) as a condition of grant approval. Costs incurred prior to execution of this agreement cannot be charged to the grant. Costs incurred by the MPO to prepare and file an application are not eligible project costs. 20f3 " . . . . . Agenda Item No. 1686 June 24, 2008 Page 20 of 29 Collier County MPO Financial Project Number: Contract Number: 204791-1-14-01 AM356 '--- Formula Information This program is authorized under 49 U,S.C" Sections 5303 & 5313, and USDOT, FTA Circular C 8100.1B, Program Guidance and Application Instructions for Metropolitan Planning Program Grants, dated October 25, 1996, as amended. The Intermodal Surface Transportation Efficiency Act of 1991, as amended (ISTEA) has divided Metropolitan Planning Program (MPP) authorizations into two categories: 80 percent is designated for basic MPP work, with the remaining 20 percent designated for supplemental assistance, FT A combines both the basic and supplemental MPP assistance for each state when FT A publishes its annual apportionment notice in the Federal Register. The ISTEA also prescribes different formulas for apportioning and allocating basic and supplemental MPP assistance, as described below: 1. Basic MPP Assistance a. FT A apportions 80 percent of the available MPP assistance to the states, based on the ratio equal to the population in each state's urbanized areas divided by the total population in urbanized areas in all the states, as shown by the latest available decennial census prepared by the U.S. Bureau of the Census. Ifnecessary, FfA is required to make adjustments to that formula to assure that each state is apportioned a minimum amount of .5 percent of this 80 percent basic assistance. ( b. Each state must then allocate its MPP assistance to its MPOs consistent with the FT A- approved formula the state has developed with its MPOs. 2. Supplemental MPP Assistance a. FT A then apportions the remaining 20 percent of the MPP assistance to the states to supplement costs experienced by MPOs in carrying out MPP activities. FTA's administrative formula for apportioning the remaining 20 percent focuses on the planning needs of the larger, more complex metropolitan areas. b. The state must then allocate this supplemental MPP assistance consistent with a formula reflecting the additional costs its MPOs have experienced in canying out the requisite planning, programming, and work selection necessary for the metropolitan area to comply with the various Federal transportation requirements. Note particularly, that states must allocate to each of its MPOs at least as much MPP assistance as that MPO received in Federal fIscal year 1991. The Department uses the federally published allocations to program and make available the funding under the Section 5303 program to local agencies, The State program procedures Topic No. 725-030-040, Section 5303 Program, require the Districts to use the same federal allocations when preparing agreements with local agencies. 30f3 r ~ ) -.., Ii .- . Agenda Item No. 1686 June 24, 2008 Page 21 of 29 . JPA REOUIREMENTS 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 "C" 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 applicat ion. 7.60 Submit to the Department for each fiscal year the project is open, a copy of your annual agency audit which conforms to OM8 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 p~ragraph 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. Request and obtain the Department's written concurrence on all actions specified in the JPA. 8,23 8.30 Costs incurred by the Agency prior to the date of the JPA or without Department concurrence are inelioible for payment by the Department. J/jpallettersljpareq .wpd . . . 12.10 12,20 13 .10 13.50 14.10 & 15.00 16.00 18.00 21.00 , Exhibits fir e, fC- . Agenda Item No. 1666 June 24.2008 Page 22 of 29 . 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. If your JPA will fund Consultant Services, then three separate items are covered in this section: 1) must fully of Section Competitive comply with the 287.055, F.S" Negotiations Act The Agency provisions Consultants (CCNA) . 2) The Agency must involve the Department in the Consultant selection process. 3) The Agency's attorney must certify to the Department compliance with the CCNA. 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. 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. The Agency shall submit to the Department review and concurrence, all proposals, plans specifications for project equipment facilities. for and and 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. Agency agrees specified time extension prior to complete project within or request and justify a to JPA expiration, the time Agency agrees to comply with restrictions on lobbying and to include appropriate language in all contracts, subcontracts, etc. Agency should be totally familiar with and comply with all of the information and requirements in these exhibits. . , Agenda Item No. 16B6 June 24,2008 Page 23 of 29 ~ ~ 08/28/03 03:05 PM Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AM356 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contr;;lct iAM356. Contract Type: AH -Vendor Name: COLLIER COUNTY MPO Vendor ID: Vf596000558057 Beginning date of this Agmt: 12/09/02 Ending date of this Agmt: 03/31/08 Method of Procurement: G +.........,. ,-... . ... ' . ., v. - ... , ").' ****** **~**~*********************************************************** Description: 20479111401 c ************************************************************************ ORG-CODE *EO (FISCAL YEAR) AMENDMENT ID *OBJECT *AMOUNT *BUDGET ENTITY *SEQ, *USER ASSIGNED *FIN PROJECT *FCT *CATEGORY/CAT YEAR ID *ENC LINE(6S)/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 2004 SOOl *PT *790004 *55100300 *00 * 58801. 00 *20479111413 *088774/04 *0002/04 *215 * 13 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 58,801.00 * ---------------------------------------- ------------------------------- FUNDS APPROVED/REVIEWED FOR ROBIN M. N ITOVE, CPA, COMPTROLLER DATE: 08/28/2003 O\1l "l) ~ COpy . , Agenda Item No. 1686 June 24, 2008 Page 24 of 29 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract#AM356 Contract Type: AH Method of Procurement: G . Vendor Name: COLLIER COUNTY MPO Vendor lD: VF596000558057 Beginning date of this Agmt: 12/09/02 Ending date of this Agmt: 03/31/08 f-.! r.'! r- : >.J I ~ . 0 '.r * *.******~.*~.********.****..******.*********.**.*********.....*....... Description: 20479111401 *************************************************.****..........**...... ORG-CODE 'EO 'OBJECT' AMOUNT 'FIN PROJECT 'FCT 'CFDA (FISCAL YEAR) 'BUDGET ENTITY 'CA TEGORY/CA T YEAR AMENDMENT lD 'SEQ. 'USER ASSIGNED lD 'ENC LINE(6S)/STA TUS .***................**.................................................. Action: SUPPLEMENTAL Funds have been: APPROVED 55012020129 'PT '790004 ' 2005 '55100300 S002 '00' 14 56568.00 '20479111414 '215 '20.505 '088774/05 '0003104 TOTAL AMOUNT: '$ 56,568.00 ' FUNDS APPROVEDIREVIEWED FOR ROBIN M. NA1TOVE, CPA, COMPTROLLER DA TE: 09128/2004 COpy . . Agenf.1i1Jm Na5'~ {June 24, 2008 Page 25 of 29 . The job FI989HLR; user I.D. FI989HL <MVS@DOT> 08/2312005 03:54 PM To PL 133SR@dot.state.fl.us cc bee Subject FUNDS APPROVAL/REVIEWED FOR CONTRACT AM 356 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AM~5~ Contract Type: AH -Vendor Name: COLLIER COUNTY MPO Vendor ID: VF596000558057 Beginning date of this Agmt: 12/09/02 Ending date of this Agmt: 03/31/08 Method of Procurement: G ",,' rr. .,,' t ~ ',} .~. _ \.i ..' **********~************************************************************* Description: 20479111401 ************************************************************************ ORG-CODE *EO (FISCAL YEAR) AMENDMENT ID *OBJECT *BUDGET *SEQ. *AMOUNT ENTITY *USER ASSIGNED *FIN PROJECT *FCT *CFDA *CATEGORY/CAT YEAR ID *ENC LINE(6S)/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 *PT 2006 S003 *790004 * *55100100 *00 * 60948.00 *20479111415 *088774/06 15 *0004/04 *215 *20.505 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 60,948.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/23/2005 COpy ~ A, j(L/), E7l-JW 8/",3/0( . . Agenda Item N~Ei6l- - June O~ Page 6 of 29 . The job FI989NDR; user I.D. Fl989ND <MVS@DOT> 0911912006 03: 15 PM To PI. 133SR@dot.state.f1.us cc bcc Subject FUNDS APPROVAUREVIEWED FOR CONTRACT AM356 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AM356 Contract Type: AH ~ndor Name', CO~LIER COUNTY M Vendor ID: ' VF596000558057 Beginning date of this Agmt: 12/09/02 Ending date of this Agmt, 03/31/08 Method of Procurement: G f:-'{ ~':.'!:P' , 1< '" '" ** '" y *'"' *:*'~ * ~ '" '" "/I: "" ... * * * '" * * '* '" * * * * '* '" '" * * * * * * * '" '" * * * *... '" '" * * * ... * * * * * * '* '" * '" * * * * * * '" * Description: 20479111401 ************************************************************************ ORG-CODE *EO (FISCAL YEAR) AMENDMENT ID *OBJECT *BUDGET *SEQ. * AMOUNT ENTITY *USER ASSIGNED ID *FIN PROJECT *FCT *CFDA *CATEGORY/CAT YEAR *ENC LINE(6SI/STATUS ************************************************************************ Action: SUPPLEMENTAL Funds have been: APPROVED 55 012020129 *PT 2007 S004 *790004 * *55100100 *00 * 71199.00 *20479111416 *215 *066774/07 16 *0005/04 *20.505 ------------------------------------------------------------------------ TOTAL AMOUNT, *$ 71,199.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 09/19/2006 COpy ~ Florida Department of Transportation Agenda Item No. 16B6 June 24, 2008 Page 27 of 29 CHARLIECRIST GOVERNOR STEPHANIE C. KorELOUSos SECRETARY DATE: TO: FROM: February 01, 2008 Mr. Phil Tindall, Director, Collier County Metropolitan Plannin~ Organization Terry Beacham, District Modal Development Administrator ""1",,3 . SUBJECT: EXTENSION OF TIME - MULTI-YEAR JOINT PARTICIPATION AGREEMENT CONTRACT NUMBER: AM356 FINANCIAL MANAGEMENT NUMBER: 204791-1-14-01; 13; 14; 15; 16 COUNTY: COLLIER PROJECfDESCRIPTION: FfA 5303 TRANSIT PLANNING The time allotted for the completion of services on subject agreement dated December 9. 2002 and any supplement.als thereto will expire on March 31. 2008. In accordance with Section 18,00 of the Joint Participation Agreement, you may request a time extension. Foryour convenience, you may complete, sign, date and return this form to me, The Collier MPO requests that the Joint Participation Agreement for this multi-year subject project be extended until September 30. 2008. This extension would allow the MPO to complete transit planning tasks shown in the UPWP including the Transit Assessment Report on 2016-2030 Transit Needs Plan: the Transit Development Plan and the Transit Level of Service Evaluation. which are all currentlv underwav or scheduled to begin in the near future, Agency: cOlliercountvMetrooo~~ Phillio R. Tindall ,~ (Typed Name) (Signature) z!~118 (Date) By: Title: MPO Director AnROVED, / fl / ~ f-~~r District Secretary, District One or Deputy Director of Transportation Development Date: b/3/0~ RECOMMEND FOR APPROVAL: ~f( J3.o~.~ District Mod Development Administrator 3)Jc)}D~ Distribution Date cc: District One Financial Services Office Ms. Brandy Otero, Collier MPO Mr. Richard P. Shine, District Puhlic Transit Administrator Ms. Julia B. Davis, AlCP, Transit Projects Coordinator /JBDI DiSIriCI One, Public Transportation Office 801 NorIh Broadway Avenue"Post Office Box 1249"Bartow, FL 33831-1249 (863) 519-2388"(863) 534-7172 (Fax)"MS 1-39 WW\V.dot.state.fl,us Agenda Item No. 16B6 June 24, 2008 Page 28 of 29 Florida Department of Transportation CHARLIE CRIST GOVERNOR STEPHANIE C. KOPELOUSOS SECRETARY March 07, 2008 .~ Mr. Phillip Tindall Collier County MPO 2885 South Horseshoe Dr. Naples, FL 34104 Re: Extension of Time - Joint Participation Agreement Financial Management number: 204791-1-14-01; 13; 14; 15; 16 Contract Number: AM356 County: Collier Dear Mr. Tindall: Attached is your copy of the fully executed Extension of Time - Joint Participation Agreement for the above referenced project. If you have any questions or concerns, please contact Julia B. Davis, AICP at 239-461-4300. Sincerely, --rt:ur .I.l(l ~ '--'-- Terry Beacham District Modal Development Administrator TWB:bct Attachment District One Intermodal Systems Development Office 80] North Broadway Avenue" Post Office Box ]249 " Bartow FL 33831-]249 (863) 5]9-2388 (863) 534-7]72 (Fax)" MS]-39 e Q C08 ~ OOIel ~. Agenda I~~ '~~6 June 24, 2008 Page 29 of 29 "-:1.' 'n;;J:". ~',".' b\-i:: ~",tt",,:,~ t"';':(. :(~~, ~);,~:H;;'~'l~; : F:.:. ':"-;., . 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