Agenda 01/29/2008 Item #16B 3
Agenda Item No, 16B3
January 29, 2008
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation to approve and execute the attached five-year Joint Participation
Agreement (JPA) Contract Number AOW89 with the Florida Department of
Transportation in the amount of $408,790, including a local match of $204,395 for FY
2007/2008, to provide Federal Pass-through Section 5311 operational, administrative and
managerial funding for the provision of public transportation services in Collier County's
non-urbanized areas as identified in Collier County's annual grant application on file with
the Florida Department of Transportation.
OBJECTIVE: To approve and execute the attached five-year Joint Participation Agreement
(JPA) with FIOlida Department of TranSpOliation in the amount of $408,790, including a local
match of $204,395 Ii)r FY 2007/2008, to provide Federal Pass-through Section 531l operational,
administrative and managerial funding I"r the provision or public transportation services in
Collier County's non-urbanized areas as identiiied in Collier County's annual grant application
on file with the Florida Department of Tral1sportation.
CONSIDERATION: FT A Section 5311 funding is made available each year through an
application process administered by the Florida Department of Transportation (FDOT),This
five-year Joint Participation Agreement (JPA) will provide operational, administrative and
managerial funding for the provision of public transportation services in Collier County's non-
urbanized areas, The attached JPA is for a live year period expiring on December 31, 2012. The
_ amount of Federal funding available for FY 2007/2008 is $204,395, A local match totaling
$204,395 is included in the contract bringing the contract value to $408,790. FOOT will advise
in writing the amount of funding available and the beginning date when Ihe County may incur
eligible project costs in all subsequent years.
FISCAL IMPACT: This Section 5311 Fcderal Grant of $204,395, will require a local match of
$204,395, for FY 2007/2008. As stated in Exhibit "B" Project Budget of the JPA, FOOT will
advise in writing the amount of funding availahle and the beginning date when the County may
incur eligible project costs in all subsequent years. The adopted FY 2008 budget includes
funding for the associated expenses for the provision of transportation services in the non-
urbanized areas within Collier COlmty in Fund 426, In approving this item, the BCC is providing
authorization to approve all necessary budget amendments to receive and use these grant dollars
including those incremental grant dollars received above or below the target grant award.
GROWTH MANAGEMENT IMPACT: Consistent with the Transportation Elements m
Objectives 10 and 12 of the Growth Management Plan.
RECOMMENDATION: That the Board approve and execute the attached five-year Joint
Participation Agreement (JPA) with Florida Department of Transportation in the amount of
$408,790, including a local match of $204,395 for FY2007/2008, to provide Federal pass-
through Section 5311 operational, administrative and managerial funding for the provision of
public transportation services in Collier County's non-urbanized areas as identified in Collier
County's annual grant application on file with the Florida Department of Transportation.
.-
Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes
Attachment: (I) Joint Participation Agreement (.IPA); (2) Resolution
Agenda Item No. '1663
January 29, 2008
Page 2 of 29
Page 1 of 2
Agenda Item No. 16B3
January 29,2008
Page 3 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1683
Recommendation to approve O'lnd execuie the attached five-YE,af .Jorn! Participation
.~greernei"it (JPA) Contiact Number AOW89 with Florida Department of Transportation In the
aillounl of $408 790, including a tocal mai.::;h of S204,395 for F'y' ='007/2008, to provide
t::ederal Pass-~h:-o"gl, Ses.tian 531 '1 c::>erational adiiilni2.trative and managerial funding for
the prov:Slon of public trarlsportatlon services in Collier Counrys n.::m-mbanlzed areas 2$
dentrfied in Col:lel' CC,U:lTVS ~11,nl~31~Jr3nt ,c;pplic,atiop an file with the Flcnlda Departrnent of
r'3nSriQrt3tlon
Meeting Date:
:~-';1,'2'J03 S
(JG ,':',M
Prepared By
3ue Faulk!1,-~r
"~i.tnU[)3i ::"nri'~r
";.":r,..'
-ra~lsPo:'1<~j'i:.~n '::It:'r''.'i': ,'5
/.\lternative '~-r',:'_~E. norti1t"~::l i\f)Dd('s
U;!DliS :: ::'4:;6 PM
Approved By
:;-t,::;n~(:;\'
<:~;-':s
""r3r;~, ;>:,rtaltun
---":'~:,-;~';cr:2~-i:l:l '~;I'lj:'::,:;tr;::-'
.:v,n, t~ :;l!\fJ
AI)provcd By
SharClt'l Newman
-;;.cCc.lun;:::-'~J ':,upervtS:Jr
'.late
Transportation Services
Transportation Services Admin
1/1412008 i ,43 PM
Approved By
Barbara LaPierre
ManagernentfBudget Analyst
Date
Transportation Services
Traffic Operations
1/14/20082:29 PM
Approved By
Diane B. Flagg
Director A TM Director
Date
Transportation Services
Alternative Transportation Modes
1114/20082:34 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1/14/20084:11 PM
Approved By
Scott R Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/14/20084:22 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
1/1512008 1 :20 PM
Approved By
fi Ie:! /C:\Agenda T est\Export\99-J anuary%2029, %202008\ 16. %20CONSENT%20A G EN DA \". 1 /23/2008
Page 2 of2
Agenda Item No. 1683
January 29, 2008
Page 4 of 29
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/16/20089:30 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/18/20089:20 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
County Manager's Office
'iif20f2008 1Q:28 AM
Commtssioners
file;//C:\Agenda T est\Export\99-J anuary%2029, %202008\ 16. %20CON SENT%20AGENDA \... 1/23/2008
RESOLUTION 2008-
Agenda Item No. 1663
January 29, 2008
Page 5 of 29
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE FOR THE USE OF PASS-TliROUGH FUNDS
FROM THE FEm:RAL TRANSIT ADMINISTRATION'S (FTA) SECTION 5311
PROGRAM IN OPERATING, ADMINISTRATIVE, AND MANAGERIAL EXPENSES
ASSOCIATED WITH THE PROVISION OF PUBLIC TRANSPORTATION SERVICES
IN THE NON-URBANIZE!) AREAS OF COLLIER COUNTV AND AUTHORIZING
THE CHAIRMA'i TO SIGN THAT AGREE:MENT ~T THE ,JANUARY 29, 2008
MEETING.
WHEREAS, at the January 29, 200S, meeting ofrhe Board of County Commissioners the
Hoard approved a Joint Participation Agreement (.IrA: FM Project Numher: 4101.20-84
Coni1"8c1 Number" ,\()\VSl)) \Vitll the Fklrida Department of Transportation to pro'vide for the liSt'
uf pass-through 'Lmds ti'om the FTA's Section 5.'"\ 1) nrogram in (lperating, duministrativc, and
managerial expenses associated \vith the provision (If ruhlic tr:l11Srnrlatioll services in the 11011-
urhanized areas of Collier County :::l1ld authorizing the chairman tOSH.!,11 and enter into that
agreement at the January 29. 200S meeting: :md
\VJ!FREAS, lhe Florida Oerarlrncllt \If rr,mSpl1l1<:lliol1 rcqlJires the Hoard pnwide ,I
(('solution memorializing dnd conl11llling ihe Kpard'" ,1j()f('I1Wnli(lned ,ttfinnative \jllte lO
dpprove the ilgrccmcnl and dlllhorilc lhe (ha\rJnan In execute the .lPA;
NOW !HERFFO!!F. Ill' If RESO[VFI) flY IIII' iJO,~RD OF COI:i\TY
CO>vtMISSIONERS OF IOU.IER COUNTY, FLORIDA, thilt;
On .I8nuary 29, 2008, the Board of County Commissioners approved by majority vote the
aforementioned lPA and authorized its chairman to execute that agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to
FOOT along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 29lh day of
January 2008.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMtSSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk
By
TOM HENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
Scott R. Teach,
Managing Assistant County Attorney
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Agenda Item No. 1683
.January 29, 2008
Page 6 of 29
CHARIJE CHIST
(;OVF:RNOR
Florida Department of Transportation
STEPHANIE c. KOPELOCSOS
SECRETARY
November 5. 2007
Ms. Diane Flagg, Director
Alternative Transportation Modes
Collier County Board of County Commissioners
3301 East T31niami Trail
Naples, Florida 34112
RE: New l\lulti-Ycar Joint Participation .'\.grcemen1 for the Department's Federal Transit
A.dministration "Section 5311" Participation in Collier Cllunty's Non-Urban Area Pnblic
Tn1nsl>ortation Services
Finandall'ro,ieet NlImher 410120-1-84- ! Contract Numher AOW89
Federal Grant :'ill.: 1'1...18- 0026
Dear Ms. r;lagg:
Enclosed are four (4) originals of the Jorm Participation i\greemcnt (JPA) providing f<Jr the Department's
participation ill Collier County Transil's Non-l}rhan /\rea Public Transportation Services. I am also
enclosing a smnple Resolution for your convenience.
Please execute and return three (3) originals of the Agreement in accordance with the attached checklist. DQ.1.lOt
date the Agreements. Tbe fourth (4''') original is a copy for your records. Please return the three originals of the
Agreement and t"\vo (2) original Resolutions directly to Ms. Julia B. Davis, AICP, Transit Projects Coordinntor.
Florida Department of Transportation, Southwest Area Office, 2295 Victoria Avenue, Suite 292, P. O. Box 1030,
Fort Myers, Florida 33902-1030.
Please note:
. This Agreement is the new multi-year Agreement. We are sett1l1g the expiration date of the Agreement at
December 3],20]2. That date provides for a five-year time period and includes a final calendar quarter for
billing purposes from October 1, 2007.
. Paragraph 8.30 of the Agreement, "Disallowed Costs." Do not incur any costs to this project until you
receive a fully executed Ab'feemcnt from tbis office. Failure to comply with this provision is cause for
nonparticipation by the Depmtment.
. Paragraph 18.10 in the Ab'Tccment, "Final Invoice." This paragraph establishes a time frame for subnlitting
the final invoice for the project.
. The Department is now using an updated Joint Participation Agreement form dated June 2007. It includes a
new Exhibit D, "Project Audit Requirements."
District One, Modal Development Office
801 North Broadway Avenue' Post Office Box 1249' Baltow, FL 33831-1249
(863)519-2388' (863)534.7172 (Fax)' MS 1-39
Ms. Diane Flagg, Director
November 5, 2007
Page 2
Agenda Item No. 1663
January 29,2008
Page 7 of 29
If you require additional information or have any questions, please feel free to contact Ms. Julia B. Davis, AIel',
Transit Projects Coordinator, at (239) 461-4300 or at Julia.Davis(@dot.state.f1.us
Sincerely,
__..,,-.. I
--IVv1r<( ;f~~-
T~'JTY Beacham
District Modal Development Administrator
rWB/RPS/JBD/mmg
Enclosures: 6
ceo Sue Faulkner, Collier County Alternative Tmnsportation Modes
Phil Tindall, Collier County Metropolitan Planning Organization
Trinity Cauuiil-Scott. Florida Department of Transportation
Richard P. Shine, Modal Development OHice/Public Transit. Florida Department of Transportation
-'an Parham. Modal Development Oftice/Public Transit, Florida Department of Transportation
Julia B. Da'~s, AICp. Modal Development OfticelPublic Transit, Florida Department ofTmnsportation
Agenda Item No. 1683
January 29,2008
Page 8 of 29
ITEM-SEGMENT- PHASE-SEQUENCE
(Financial Management Number)
(SAMPLE)
RESOLUTION FOR
JOINT PARTICIPATION
AGREEMENT
A RESOLUTION of the
au thorizing the execution of that
Departmen t of Transporta tion,
(Public /\ ~ency)_
certain Joint Participation Agreement (JPA) with the Florida
WHEREAS, (Pllblic AgtJJ..Q'l_____________._m.____.____
has the' authority to enter into a IPA with the Florida Department of Transportation to undertake a
project as authorized by FEDERAL TRANSIT ADMINISTRATION ACT OF 1964, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE ___iI'.ubkAg.en-GL___________
..___________._____________.._.______ ________.______ FLORIDA:
J. That the JPA for Item-Segment-Phase-Sequence (Financial Management Number)
!Number) is approved,
2, That (Authorized Individual By Name and Office) is
authorized to enter into, modify or terminate the JPA with the Florida Department of
Transportation, unless specifically rescinded,
DULY PASSED AND ADOPTED THIS
19
By:
Title
A TIEST: .
(Seal)
Agenda Item No. 1663
January 29, 2008
Page 9 of 29
CHECK LIST
Please check for these items on Joint Participation Agreements, Supplemental Joint
Participation Agreements or Joint Participation Agreement Terminations to ensure validity of the
Agreement.
(l) Original Signature must appear on three (3) copies ofthe Agreements.
(2) Please be sure authorized parties !YJ?~ titles and names on all copies for clarity.
(3) Pleasc provide two resolutions from the Agency authorizing signing of the
Agreement. Resolutions must specifically identity, by name or title, person(s)
authorized to Sigl1 As,'Teelnents,P,.esQJutions 111U?1-bell.!:..Qtiginal signature v...ith seaL
b, sample Resolution is attached ic)r your consideration and lise.
(4) Please do not fill in anv dates on the Agreements.
(5) Please return ihree (3) signed copies of the Agreement for further processing to the
District Modal Development Office at the address below:
Florida Department of Transportation
District One
Modal Development Office
P. O. Box 1249
Bartow, Florida 33830
A copy will be furnished to your Agency after the Agreement is executed by the
Department.
(6) Do not obligate funds against this project until final execution of the Agreement by
the State has been completed and you have the necessary written approval from the
Department.
STATE OF FlORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Agenda Item No. 16B3
January 29, 2008
Page 10 of29
72~"030-06
PUBLIC Tfl.ANSPORT ATION
05/07
Page1o(14
Financial Project No. Fund: 010 FLAIR Approp: 088774
410120-1-84- Function: 680 FLAIR Obj: 790004
{Item.-segmenl-pnase-sequencej .-
Federal No.: 49 use 5311 Org. Code: 55012020129
Contract No.. AOW89 DUNS No. Vendor No.: F596000558004
- ---
CFOA Number: 20 509 eSFA Number:
.. --..-.
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 Bo."'.d ClfCountY_C;olTliTl'ssloners
3301 East Tamiami Trail, Naples, Florida 34112
______..._ ____.__~_._..__._____.____,,__..._____.__.____.__..__.___.._"'......__ ._w_.____..._. ~_m__..._._._ _.__"._._________..._,,_,,__._. ._'_~_'_~_
hereinafter referred to as Agency. The Department and Agency agree that all terlns of this Agreement will he completed
on or before Q_ecem.ber 3J"c-..?Ql~_____,. ____._.~_ and this f\greement will expire unless a time extension IS provided
ill accordance with Section 1800
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
:34.1.051 (1)~_____.____________________ ___ _. .....,_____
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree
as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
(0 provide for the Department's participation, using pass-through funds from the Federal Transit Administration (FTA)
Section 5311 Program, in the Agency's operating, administrative, and managerial expenses associaled with the provision
of public transportation services in the non-urbanized areas of Collier County, as identified in the Agency's annual grant
application on file with the Department.
and as further described in Exhibit(s) A, B, C, and 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.
!\gencJa Item No. 1663
January 29, 2008
Page 11 of 29
725.030-06
PUBLIC TRANSPORT ATrON
OGIO?
f',lge 2.:J! 1~
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 Of 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 rederal 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 :locuments relating to the project as the Department may
require as listed In Exhibit "e" attached hereto and by thiS reference ;nade 3 Dart hereof.
3.00 Project Cost: The total estima1ed c.o~t OT the project is $ ,~~~_~.>.~t,!~~!~__~^_.. ___ Tllis amount
is based upon the estimate summarized in exhibit 'f;" 2ttached hereto and by this reference made a pan hereof this
t\greernent rh'2 I\gency agrees to bear all expenses In excess of the tot31 estimated cost of the project and any defiCits
involved
4.00 Department Participation: rhe 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 ihe
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 & 6) at the time appropriation authority
becomes available.
4,20 Front End Funding: Front end funding 0 is @ is not applicable. If applicable, the Departmenl
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at Ihe
Department's discretion, on or before the completion of the final project audit.
Agenda Item No. 1683
January 29, 2008
Page 12 of 29
6.00 Project Budget and Payment Provisions:
725.C30.06
PUB~'C TRANSPORTATIOt~
Of:i107
Page 3 of 1~
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice
7.00 Accounting Records:
7,10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for Stale 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 af the Agreement and for
three years dfter 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 Depaliment pursuant to this Agreement and all other tunds provided for. accruing to, GI
rJthervvise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds" The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner
as prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detait 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 chargeabte against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly Identified. readily accessible, and, to the exlent feasible, kept separate and apart from all other such
documents
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits
and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews.
investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor
General, or any other state official.
The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by
this reference made a part hereof this Agreement.
Agenda Item No. 16B3
January 29, 2008
Page 13 of 29
725-03D-06
PUBLIC TRANSPORTATION
06107
Page 4 0114
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 FDOT's
Office of Inspector General (DIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
7.62 Audits:
Part I Federally Funded; If the Agency is a state, local government, or non-profit organizations as defined in OMS
Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply:
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised.
Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year, the recipient shaH 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 fuifill 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) tiUe 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 Sec\ion 215.97(2)(m), Florida Statutes, and
a recipient of state funds, the following annuai audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,
000 in any fiscal year, the recipient must have a State single or project~specific audit for such fiscal year in accordance
with Section 215.97, FlOrida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include Federal direct or pass~through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connecllon with the audil requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Fiorida Statutes. This includes SUbmission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3, If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient
elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate
entities.
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
Agenda Item No. 1683
January 29, 2008
Page 14 of 29
725-030-00
PUBLIC TRAI~SPORTATlrJN
06107
"'''!l~ 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, Ihe
Department Comptroller, and the Auditor General. This section does not limit the authority of Ihe Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revIsed, and required
by Section 7.622 Part I of this agreement shall be submitted, wilen required by Section 320 (d), OMS Circular A-133,
by or on behalf of the recipient directly to each of the following:
A. The Departmenl at each of the following addre.sses
Florida Department of Transportation, District On'9 Headquarters
Office Modal Development/Public Transit, MS 1-39
801 North Broadway Avenue, Bariow, FL 33830
B. The number t)f copies required by Sections .,'320 ((1)(1) and (2), OMS Circular A-133, submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f), OMS Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section .320 (e)(2), OMS Circular A-133, the recipient shall submit the required written notification
pursuant to Section .320 (e)(2) and a copy of Ihe recipienl's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation, District One Headquarters
Office Modal Development/Public Transit, MS 1-39
801 North Broadway Avenue, Bartow, FL 33830
In addition, pursuant to Section .320 (I), 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 Headquarters
Office Modal Development/Public Transit, MS 1-39
801 North Broadway Avenue, Bartow, FL 33830
Agenda Item No. 16B3
January 29, 2008
Page 15 of29
72:'-030.06
PUBLIC TRANSPORTATION
06/07
rage 6 ol'~
3 Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation, District One Headquarters
Office Modal DevelopmenUPublic Transit, MS 1-39
e.01 North Broadway Avenue, Bartow. Fl 33830
B The Auditor General's Office at the following address
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee. Florida 32399-1450
4 Copies of reports or the management letter required by Section 762 Part !II of this Agreement shalf be submitted by
)f on behalf of lhe recipient directly to
A The Department at each of the following addresses:
,Clarida D9partm'~nt of Transportation. District 'Jne H'28oquarters
Office Modal DevelopmenlJPubljc TranSIt. 1\,18 139
1301 North Broadway Avenue. Barto-v\', fl_ 33830
5. ,A,ny reports, l;lanagement letter, Of other information required to be submitted to the Department pursuant to this
Agreement shall be submitted tlme!y in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with 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 01
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 of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a stalement 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 Participalion 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.
Agenda Item No. 16B3
January 29, 2008
Page 16 of 29
725-030-05
PUBLIC TRANSPORT A TION
06107
Page 7 01 14
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District One Public Transportation Office 801 North Broadway Ave., 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 I nvoices 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 112061, 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 10 other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit "B."
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 10 goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
Agenda Item No. 1663
January 29, 2008
Page 11,s'I,\~
PUBLIC TRAt~SPQRT/,TION
06/07
P;jgefJQI '4
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 tile .l\gency abandons or, before completion, finaily dis':.antinues
t11l;: proJ'2Ct: or if, by reason of any of the events or conditions set forth in Sectio:ls 821 to 8 26 inclusive, or for any other
reason, the GQlnmencement. prosecution, or timely cornplellon of the projec:t by the ,A,gency is f9-ndered !mproh::3ble,
infeasible, imoossibie, or illegal. the Di:'martrneni will by wntten nolle€! tu tile /,gencv, suspend any or an of (50
:)biigations under thiS !\greernent until such time as [he event or condition resulting in suc.h suspension h3S ':>2as(~d ::tr
[.l2Sn corrected Df :he Department :T\ay 12rmil,ate any or al! of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termlnatlon or
:;,;uspens:on ~lOiics under this p31"<::grClph, 1he:: Ac~!::n~:y shai! ;:;rnceeci prDmntly to ::aIT~' ':Jul, the actions r~c~quIH~[j therein
which may include any or al! of the blloWI."lg <' 1 ~ iil'?CeSS3ry acti'Jil 10 temlinaleJl' suspeneJ, as the case ITlay be, proje',)
8chv:lies and cont:'ccts .?on:] 3'J:~t~ ::,tf1er a:;lon as may be i:'!Jlilrf;C or desirabl~7 t:) keep to th'? Tllnimum the ,::.oslS upon tlll-:.
tJ8sis (jf'.I"hich the finanCing IS to!")..::; computed 12: furnish:3 :;ratemem {Jf the DroJ':~C1 acli\/lties and cO:ltracts, and either
Jlnderta~;lnqs ihe CDSt 'Ji which 3r0 nthsrINIse ncIUO;;ll)!e2s r.;rc,+:~ct c:Jsts ~Jnd :J) remit to Ih7:'--: D~O'~fjartmenl.sLJch PC)fiIO:l ')i
lh~; :inan::inJ anc.; cH:Y :;dvancc r,~'1YrT1ellt pr,::;vi':::'!jsiy :'c~;::.~;',i\.;C dS 's ,:je\e~llln::cj tJY :ilE' OeDanment Ie be due under 1.11-2
pr::)v:Slons cd ~~-Ie FJ,Fee;;HilL ':-h." to! rrllnZittcn c_:, ;;;usp<:;nsi:::m shalf De ,=arne:J cu! in (:onfor1l1ity \,\Iith ~h2 latest scheduie.
ulan, and budget Z~3 a[;[:r(lV:,:O ;h~: D7~'i::;;3"'1n1(~:;1 T Up'.Jfl :rle [J8sis of ;tnrns and conditions Imposed by the Department
I,JiYJn ~he faiiw'~", (:If t'ie /\'~J(-;nc\, Ie fUIT;i,:,h th,:c- 3ctv::,dul.;:, :'itan, and budget within a reasonable time. The approval of a
remittance tlY the hq0nt:y Cil 111'3 closi:lg oc!: of feder31 f:r~3ncial participation in the project shall not constitute a waiver of
any claim wtHch (he Dep3itmenl r"";ay clhervvis,,,,: '-,eve a::s:,:ng out of this Agreerrent
9.12 The Department reserves the right to uniiaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other materral subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the proJect, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account
11,00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12,00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherWise authorized in wrrting by the Department, the Agency stlall
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 approvat of the Department. Faiiure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Seclion 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
Agenda Item No. 1683
January 29, 2008
Page 18 of 29
725-030-06
PUBLIC TRANSPORT/,nON
06107
PagB 90114
12.20 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, FS, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished In compliance with the Consultants' Competitive Negoliation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged bUSiness enterprises as defined
In 49 CFR Part 26, as amended, shall have the maximum opportunity to participate In the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of -49 CFR
Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance
of contracts and this Agreement In this regard, aU recipients, and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts, Grantees, recipients and fheir 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 eFR Part 26 filed
under tllis 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 wilh 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 10 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 recruilment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency sllall insert the foregoing provision modified only 10 show the particular contractual relalionsl1ip 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 invofves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employmenl for project work, notices to be provided by tile Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI. Civil Rights Act of 1964; Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements Imposed by Title VI of the Civil Rights Act of 1964 (42
USC. 2000d, et seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitules a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreemenl
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 use. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
Agenda Item No. '16B3
January 29, 2008
Page 19 of 29
725.030.06
PU9UC TRANSPORT A TION
(;6107
Page 10 DI i~
13.50 Prohibited Interests: The Agency shall not enter inlo a contracl 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 sha!! not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for Nhich 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 j1l8mber or delegate to ~he Congress of the
United States shall be admitted to any share Qr part of the :1,greemeni or any benefit arising thetefn)fn
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 canied out In conformance with all applicable environmental regulations includmg the
securing of any appllcabJe 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 defaull 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 appiication 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.
Agenda Item No. 16B3
,January 29, 2008
Page 20 of 29
725-030_06
PUBLIC TRArJSPORTATION
06107
Psge11of14
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 delermined 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 Equipme,nt: 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 io
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost. charge, or expense arising out of any act. error, omission, or negligent act
by the Department or any of lts officers. agents, or employees during the performance of the Agreement.
VVhen 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 Departmenl Will
determine whether fo 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 shail not act as a waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if
any However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses
at trial.
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit fa the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
8.23.
16,00 Project Completion, Agency Certification; The Agency will certify in writing on or attached to the final
Invoice, that Ihe 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,
Agenda Item No. 1683
January 29, 2008
Page 21 of 29
725-030"06
PUBUC TR/lJ~SPORTATION
06107
Page12of14
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 availabte for expenditure during such fiscal year. Any
contract, verbal or written, made In violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in aU 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
December 31,2012 If the A.gency does not complete the protect within this time period, thiS Agreement
will expire unless an e}1ension" of the time period ;s lequested by the Agency and granted in writing by the
Dlstrict_?,,-cret~:Lor_His/HerD~~}tne,,_ Expiration of Ihls Agreement will be considered termination
of the project and the procedure establishecl in Section 9.00 of this ,ll,greement shatl be initiated
18.1Q Ffna~ lnvoice: The Agency must subml! the final inVOice on thiS project to the Department within 120 days
after t:--Ie -::xpiiatior: of ~rl'S Agreement. InVOices submitted after 1 he 120 day jil11e periOd will ("lot t)8 p8id
i 9.00 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 nclude the sin'jular. 16.1: words used in any gender shaH extend :0 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 log ether 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 Ihe 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, granl, loan or cooperative agreement.
If any funds other than federai appropriated funds have been paid by the Agency to any person for inftuencing 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.
Agenda Item No. 1663
January 29, 2008
Page 22 of 29
725.030.06
PUBLIC TRANSPORTATION
06r07
Page 13 Of 14
22.00 Vendors Rights; Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interesl penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition
to the invoice amounl to the Agency. The interest penalty provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency
requests payment Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
!~ Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
Include acting as an advocate for Agencies who rnay 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,
nlay 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.
Agenda Item No. 16B3
January 29, 2008
Page 23 of 29
725_030_06
PUBLIC TRANSPORT AT ION
06""
Page14of14
Financial Project No. 410120-1-84-26
Contract No. AOW89
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused Ihese presents be executed, the day and year first above written.
AGENCY
FOOT
Collier County Board of County Commissioners
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller
SIGNATORY (PRINTED OR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
~utv Director of Transportation Production
TITLE
TITLE
I
I
i
_J
Agenda Item No. '16B3
January 29, 2008
Page 24 of 29
Collier County
Financial Management Project Number: 410120-] -84-
Contract Number: AOW89
Federal Transit Administration (FT A) Section 531] funds
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department ofTranspOJiatioll and the Colli.cr Cmmtv Board of Count v Con1.!l1i9_~ioners, 3_~D-1
East TADlmmi.J):.~iL__N~wJ~--,LE1QEi9~_)":+-LL2: d31ed _ ..referenced by the above Financial
Project Number.
PROJ ECT LOCATION: Collier County, F]orida
PROJECT DESCRIPTION:
rhe purpose nfthis project Agrccrncnt is 10 !"lrovidc for the Department's partjcipation, using P]S~-
through funds from the Fedetal Transit Administration (ETA) Section 53] I Program, in the Agency's
operating, administrative, and managerial expenses associated with the provision of public
transportation services in the non-urbanized areas of Collier County, as identified in the Agcncy's
annual grant application on file with the Department.
SPECIAL CONSIDERA TrONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the
Agreement shall ine]ude a schedule of project assistance that will reflect the Department's fiscal ycar of award,
contract number, Financial Project Number, Catalog of State Financial Assistance title and number, and the
Catalog of Federal Domestic Assistance title and number, where applicable, and the amouot of state funding
action (receipt and disbursement offunds) 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
]1' applicahle, the eligible project period identified in the Project Description shown above, may be extended by
letter from the Department upon a written request from the Agency,
Exhibit A, page] of I
i\genda lIem I~o. 16B3
January 29, 2008
Page 25 of 29
Coil ier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 53] ] funds
~:XHIBIT "B"
PROJECT BUDGET
(For Transit Multi-year Projects)
This exhibit forms an integral pan of that certain .loint Pa11icipation Agreement between the State of
Florida, Departmcnt of Transportation and Collier County Board of Count v' C0!11missioners, 330]
East Tamiami frail. Naples, Florida 34112: dated "efereneed by the :,lhove
Financial Project i'-!umbe-r.
Project Estimated and Prognlmmcd r.~udgcl:
rhe Department has programmed the hmding :JITHH.!Ilts ~')bo\"'n belo\1\,' in the most currently adopted
\\lurk Program. The funding ft)f subsequent years is based upon federal and/or state appropriation
levels. This funding will be made available, annually, in the following manner: Aller the Agency has
met all program requirements, the Department will encumber timds for that tlscal year and will
advise the agency in writing of the amount of funding available and the beginning date when the
Agency may incur eligible project cost. This notification must be signed by the agency and returned
to the Department.
FY 2007/08
Local Funding (LF)
Federal.Pass Through Funding (DU)
State Funding (DS/DDR)
(50%)
(50%)
(NIA%)
Total
$ 204,395.00
$ 204,395.00
NIA
$408,790.00
It is the intent aftile Department to participate in the project to the level of Department funding encumbered
Exhibit B, page I of I
Agenda Item No. 1683
January 29, 2008
Page 26 of 29
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 5311 funds
EXHIBIT "e"
(For Transit Multi-year Section 5311 Projects)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of
Florida, Department of Transportation and thc Collier County Board of Count v Commissioners.
3301 East Tamiami Trail, Naples. Florida 34112 dated_~___._.., referenced by the above
Financial Project Number.
Requests for Reimbursement (Invoice Submittals) 'in accordance with Section 215.422 Florida
Statutes and the requirement of Paragraph 22.00 of this Agreement:
] . Required Submittal Time
The Agency must 5ubmit 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 docwnentation will include
the appropriate items necessary to verify costs incutTed 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.
Exhibit C, page 1 of 3
Agenda Item I~o. '16B3
January 29, 2008
Page 27 of 29
Collier County
Financial Management Project Number: 410] 20.] -84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 53]] funds
Safct), Rcquirements
Bus Transit System -In accordance with Florida Statute 341.06], and Rule Chapter 14-90, Florida
Administrative Code, the Agency shall submit, and tbe Department sball have on file, an annual
safety ceJ1ification that the Agency has adopted and is complying with its adopted System Safety
Program Plan pursuant to Rule Chapter] 4-90 and has performed annual safety inspections uf all
buses c'p,~~,ratcd
SECTIONS MARKED WITH AN "X" ARE APPLICABLE TO THIS AGREEMENT
Third p,,,.;)' Contracts
rhe Department must approve third party contracts pursuant to Paragraph 12.00 except that when
checked below, written approval is hereby granted for:
~X.I.
Execution of contracts for materials and/or vehicles from a valid state or inter-
governmental contract.
~_ 2.
Other contracts less than $25,000 excluding consultant services or construction
contracts. The Department shall require all consultant and construction contracts and
amendments thereto to receive concurrence prior to award.
_..K.__ 3.
Recuning, renewable, or on-going operational contracts that have Jess than a twenty-
five percent (25%) change in total dollar amounts from one year to the next.
__~ 4.
Purchase of service contracts where the Agency will provide transportation service
for a fee.
Exhibit C, page 2 of 3
Agenda Item No. 1663
.January 29, 2008
Page 28 of 29
Collier County
Financial Management Project Number: 410120-1-84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 53] ] funds
Required Submittals
SUBMITTAL/CERTIFICA TION
RES.I.'.ONSIBILITY
___2L_
Procurement Requests
Agency
----..X_
Safety Compliance
Agency
y
--~~._---~_...-
Specifications
A. gency
v
-,~-----
invoices
Agency
.._..:L~ ..
A udit Reports
Agency Annually During
Life of Project
FEDERAL SECTlON 5311 PROGRAM
Program Requirements
This Agreement is in conformance with Section 53 I I of the Federal Transit Act of1991, as amended
(49 U.S.C. app. 1)53] I) and Section 341.051(1)(a) Florida Statutes.
The Section 53] I subrecipient (the Agency) shall establish and implement anti-drug and alcohol
misuse prevention programs in accordance with the terms of 49 CFR parts 40 and 655.
The Section 531 I subrecipient (the Agency) shall ensure adherence with all federally required
celiifications and assurances made in its applicalion to the Department for Section 53 I I funds.
The Section 53 11 subrecipient (the Agency) shall require the independent auditor, retained to
perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that
services funded by the program were provided in nonurbanized areas, that there was no restriction on
public use, and that the State and Federal share of eligible costs did not exceed amounts specified in
the approved project budget (EXHIBIT B).
Exhibit C, page 3 of 3
Agenda Item l~o.J 683
January 29, 2008
Page 29 of 29
Collier County
Financial Management Project Number: 4] 0 120- f ~84-
Contract Number: AOW89
Federal Transit Administration (FTA) Section 53 II funds
:"~"o,oo
hhibitD
puuu;:. ,P."'ISPOPT~HO>I
'"~
[,I,,"eD
F EOERAt and/or S., ATE fiJ$OLJr::es awarded to the re-::;Ipienl pUI-suan, to this agreerm;nt should be lisled below !f the
reSO'jrC85 awarded lo \he recipien! represent more their' one ;:cde;al or Stale program, pcovirJr; the; ~;amc informaiion fOf
8iolCh program and thl:: \otal rCSOUlce5 awarded Compliance ReqLliremonts applicable to eacll Federal or State program
';h)'.rld also be listeo bO!lo\/\'. :f the resources awarded te ihe re::ipIBIl\ represenl morf; them ore ;:nogr8rn, list 3oplicabl~
':0rtlfJliance 1;;:Quiremen:s ;[J( each prO';J"am in th'3 sa:ne Tlanllor C)~; ;,hOltm r.ere.
. ,C (l \Nha~ ~;Cf\/Ices 0: :J~TpiJ;;e" the:' 'C~;Odrcl':S mLJ1.\ De Lfbed hi)
" e~; [ligib,:ity '1~'HJire~'efl\s t,:;>, f'::'c,iol'cnts of Ih~ 1(!~:'J\lr:;.:,~,i
(EIr;
hJOTE: h1,~t68d 01 iisi.ing the sr'2l:ili,; ~~olf1piia[lc;e reqlHri:menl~ &$ SI18W!~, Zibov(;, the State.; <Jl'iardirl? 3\]enc:y rn3Y cle;;, \0
lse ianguage thilt requires the r~ciplenl tc.' comply with i~le r!?qulfemenl::; of ~PDjicab!e pmvisions (1/ ~;pecif1c; laws, ILlles,
eguiations, ~!c The St;il~ 8w8raw,q c~;enr;y if pract'ca;, "rl;;JY 'M8n! ic aHach a-:opy Of ~h0 _specific i:!'N, 'ule or legulalio',
':fr:rred 18
~_t;DC:-:R,ll-,l::. RESQUF\~S,;i
FT/\
g!oItaIOQ.-:;f "Rceral OOr.les,lf: A,"slslS:.Q5'c~JI~urpbe; ,<.;. TIU~J
-_.-,~--"._--- -----..---1
20. 509
'\ITlO.'::'.'l!
S204.395 00
,
___J
:~C'P_~!,:!~~..t..~'JL' <'1'
,
.___.u_.----.
49 use 531]
,
I N/A
l N/A
J
STA TE RESOURCES
St.ale Aoencv Ca.<1llXl 01 51i'1:.;': FIT"mtiai .I,.~~i~;t'1nr::E: (Nunll),,-'I E; Till~
i
I Florida Department
l of Transportation
'~ci!!I'J~1!:!:_'i'.l~ ~,;!~'i!.ijn~ :1 ~ ~
~mount
L:.204,3950~
]
2
3
..Chapter 341.051 (1) (a), Florida Statutes;
All terms of Department Contract
Malchina Resources for Federal proarams
Federal Aoenev
Calaloo of Federal Domeslic Assistance (Number & Title)
fl.mouf1l
N/A
EJ
I N/A
c()~ ll, 'P:"~'l1r"'"m n,;;
N/A
N/A
N/A
3
NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projocts includQd in this exhibit be provided to the recipient