Agenda 09/22/2020 Item #16D 1 (FY 20/21 Shirley Conroy Rural Capital Equipment Support Grant)09/22/2020
16.D.1
EXECUTIVE SUMMARY
Recommendation to accept the FY20-21 Commission for the Transportation Disadvantaged Shirley
Conroy Rural Capital Equipment Support Grant in the amount of $25,094 and a local match of
$2,788 for the procurement of one (1) Vehicle Alignment Machine and authorize the necessary
Budget Amendments.
OBJECTIVE: To use grant funds to enhance and maintain transit services in rural areas of Collier
County.
CONSIDERATIONS: On May 26, 2020, the Board of County Commissioners (Board) approved the
submittal of an FY20-21 Shirley Conroy Rural Capital Equipment Support Grant to the Florida
Commission for the Transportation Disadvantaged (FCTD) for the purchase of one (1) Cutaway Transit
vehicle and one (1) Vehicle Alignment Machine.
On August 19, 2020, Public Transit & Neighborhood Enhancement (PTNE) staff received notice of award
from the FCTD for the Vehicle Alignment Machine. The grant requires a ten percent (10%) match in the
amount of $2,788 and is available from the Paratransit Operating Fund. The agreement is attached for the
Board's consideration.
FISCAL IMPACT: A Budget Amendment is required in the amount of $25,094 to recognize grant
funding in Transportation Disadvantaged Grant Fund (428) Project 33718. A Budget Amendment is
required in the amount of $2,788 in Transportation Disadvantaged Match Fund (429) Project 33718.
Matching funds are available from Paratransit Operating Fund (427) Project 31427.
GROWTH MANAGEMENT IMPACT: This Item addressed Objectives 10 and 12 of the
Transportation Element in the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This Item has been reviewed by the County Attorney, raises no legal
issues, and requires majority support for approval. -JAK
RECOMMENDATION: To accept the FY20-21 Commission for the Transportation Disadvantaged
Shirley Conroy Rural Capital Equipment Support Grant in the amount of $25,904 and a local match of
$2,788 for the procurement of one (1) Vehicle Alignment Machine and authorize the necessary Budget
Amendments.
Prepared By: Joshua Thomas, Operations Analyst, Community and Human Services Division
ATTACHMENT(S)
1. Grant Agreement CAO Stamped(PDF)
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16.D.1
09/22/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doe ID: 13330
Item Summary: Recommendation to accept the FY20-21 Commission for the Transportation
Disadvantaged Shirley Conroy Rural Capital Equipment Support Grant in the amount of $25,094 and a
local match of $2,788 for the procurement of one (1) Vehicle Alignment Machine and authorize the
necessary Budget Amendments.
Meeting Date: 09/22/2020
Prepared by:
Title: Grants Support Specialist — Community & Human Services
Name: Joshua Thomas
08/24/2020 1:34 PM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh — Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
08/24/2020 1:34 PM
Approved By:
Review:
Community & Human Services
Cormac Giblin
Additional Reviewer
Community & Human Services
Kristi Sonntag
Additional Reviewer
Public Transit & Neighborhood Enhancement
Michelle Arnold
Community & Human Services
Blanca Aquino Luque Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Level 1 Reviewer
Community & Human Services
Maggie Lopez
Additional Reviewer
Community & Human Services
Todd Henry
Additional Reviewer
Public Services Department
Todd Henry
Level 1 Division Reviewer
County Attorney's Office
Joshua Thomas
Level 2 Attorney of Record Review
Public Services Department
Steve Carnell
Level 2 Division Administrator Review
Grants
Nicole Diaz
Level 2 Grants Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Grants
Therese Stanley
Additional Reviewer
Budget and Management Office
Ed Finn
Additional Reviewer
County Manager's Office
Sean Callahan
Level 4 County Manager Review
Completed
08/24/2020 4:06 PM
Completed
08/24/2020 5:27 PM
Additional Reviewer
Completed
Completed
09/02/2020 5:59 PM
Completed
09/03/2020 1:32 PM
Completed
09/03/2020 2:14 PM
Skipped
09/04/2020 7:35 AM
Completed
09/04/2020 7:48 AM
Skipped
09/02/2020 11:19 AM
Completed
09/08/2020 10:30 AM
Completed
09/11/2020 4:54 PM
Completed
09/14/2020 10:32 AM
Completed
09/14/2020 12:51 PM
Completed
09/14/2020 3:33 PM
Completed
09/14/2020 4:11 PM
Completed
09/15/2020 11:38 AM
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16.D.1
09/22/2020
Board of County Commissioners MaryJo Brock Meeting Pending 09/22/2020 9:00 AM
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16.D.1.a
SAMAS Approp.
108846
Fund TDTF
FM/Job No(s).
41065618401
SAMAS Obj,
751000
Function 683
CSFA No.
55.001
Org. Code
55120000952
Contract No.
Vendor No.
59-6000558
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE PROGRAM GRANT
THIS AGREEMENT, made and entered into this day of , 20 , by and
between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created
pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier County Board
of County Commissioners, 3299 Tamiami Trail, Suite #700, Naples, Florida 34112, hereinafter called
the Grantee.
WITNESSETH:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non -sponsored transportation services and other responsibilities identified in Chapter 427,
Florida Statutes or rules thereof;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide financial assistance to
Community Transportation Coordinators in rural areas for the purchase of capital equipment. These
grant funds are to be expended and utilized in accordance with the Transportation Disadvantaged Trust
Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies,
Program Manual and Application Instructions for the Shirley Conroy Rural Area Capital Assistance Grant
as revised on April 6, 2020, and as further described in Exhibit(s) A, B, and C, attached hereto and by
this reference made a part hereof, hereinafter called the Project; and, to provide financial assistance to
the Grantee and state the terms and conditions upon which such financial assistance will be provided
and the understandings as to the manner in which the Project will be undertaken and completed.
2.00 Accomplishment of the Project: The Grantee shall commence, and complete the Project as
described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions herein, and all federal, state and local applicable laws.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
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2.10 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 Grantee to enter into this Agreement or to undertake the Project hereunder, or to
observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and
consummate, as provided by law, all actions necessary with respect to any such matters so
requisite.
2.20 Funds of the Grantee: The Grantee will provide the necessary funds or in -kind
contributions necessary for the completion of the Project.
2.30 Submission of Proceedings, Contracts and Other Documents and Products: The
Grantee shall submit to the Commission such data, reports, records, contracts, certifications and
other financial or operational documents or products relating to the Project as the Commission may
require as provided by law, rule or under this agreement. Failure by the Grantee to provide such
documents, or provide other documents or products required by previous agreements between the
Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse
project funds or other permissible sanctions against the Grantee, including termination.
2.40 Incorporation by Reference: The Grantee and Commission agree that by entering into
this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law
and provisions of Chapter 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code,
and the Program Manual and Application Instructions for the Shirley Conroy Rural Area Capital
Assistance Grant as revised on April b, 2020.
3.00 Total Project Cost: The total estimated cost of the Project is $27,882.00. This amount is based
upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee
agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved,
including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after
completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including
contingencies, in the Project in the amount of $25,094.00 as detailed in Exhibit "B", or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B", whichever is less.
4.10 Eligible Costs: The Shirley Conroy Rural Area Capital Assistance Grant Funds, derived
exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission
and the Grantee to subsidize a portion of the purchase of capital equipment, and then only if a
match, as specified in the Program Manual and Application for the Shirley Conroy Rural Area Capital
Assistance Program Grant. Areas designated as part of the Rural Economic Development Initiative
(REDI) may be granted a reduction or waiver of match.
4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed
only from the date of this Agreement. It is understood that State participation in eligible project
costs is subject to:
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev, 8/14/2020
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16.D.1.a
a} The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Section 14.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
4.30 Project Funds: In addition to other restrictions set out in this Grant agreement, the Grantee
must also adhere to the following limitations on the use of Transportation Disadvantaged Trust
Funds:
4.31 Transfer of Funds: A Grantee in a non -multi -county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding and Retainage: Front end funding and retainage are not applicable.
5.00 Project Budget and Disbursement Schedule:
5.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget,
as set forth in Exhibit "B," 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.
The budget may be revised periodically, but no budget revision shall be effective unless it complies
with fund participation requirements established in Section 4.00 of this Agreement and is approved
in writing by the Commission. Any budget revision that changes the fund participation requirements
established in Section 4.00 of this agreement shall not be effective unless approved in writing by the
Commission and the Florida Department of Transportation Comptroller.
5.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B," or upon completion of project.
6.00 Accounting Records, Audits and Insurance:
6.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish
for the Project, in conformity with the latest current uniform requirements established by the
Commission to facilitate the administration of the non -sponsored financing program, either separate
accounts to be maintained within its existing accounting system, or establish independent accounts.
Such non -sponsored financing accounts are referred to herein collectively as the "Project Account."
The Project Account, and detailed documentation supporting the Project Account, must be made
available upon request, without cost, to the Commission any time during the period of the
Agreement and for five years after final payment is made or if any audit has been initiated and audit
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
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findings have not been resolved at the end of five years, the records shall be retained until
resolution of the audit findings.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
must make this documentation available upon request, without cost, to the Commission any time
during the period of the Agreement and for five years after final payment is made or if any audit has
been initiated and audit findings have not been resolved at the end of five years, the records shall
be retained until resolution of the audit findings.
6.20 Funds Received Or Made Available for The Project; The Grantee 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 non -sponsored transportation payments received by it
from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the Project, which Commission payments and other funds are
herein collectively referred to as "Project Funds." The Grantee 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 Commission, 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 Commission.
6.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs. There shall be no reimbursement for travel expenses under this Agreement.
6.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to
the Project, including any approved services contributed by the Grantee or others, shall be
supported by, invoices, vehicle titles, and other detailed supporting documentation evidencing in
proper detail of the charges. The Grantee shall provide upon request, sufficient detailed
documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the
services rendered or costs incurred were those which were agreed upon. The documentation must
be sufficiently detailed to comply with the laws and policies of the Department of Financial Services.
6.60 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to
any item which is or will be chargeable against the Project Account will be drawn only in accordance
with a properly signed voucher then on file in the office of the Grantee 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, within the Grantee's existing accounting system, and, to the extent
feasible, kept separate and apart from all other such documents.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
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6.60 Audits:
1. The administration of resources awarded through the Commission to the Grantee by this
Agreement may be subject to audits and/or monitoring by the Commission and the Department
of Transportation (Department). The following requirements do not limit the authority of the
Commission or 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 Grantee shall comply with all audit
and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida
Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance
may include but not be limited to on -site visits by Commission and/or Department staff
and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance
awarded through the Commission by this Agreement. By entering into this Agreement, the
Grantee agrees to comply and cooperate fully with any monitoring procedures/processes
deemed appropriate by the Commission and/or the Department. The Grantee further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Commission, the Department, the Chief Financial Officer (CFO)
or the Auditor General.
b. The Grantee a nonstate entity as defined by Section 215.97, Florida Statutes, as a
recipient of state financial assistance awarded by the Commission through this Agreement
is subject to the following requirements:
In the event the Grantee meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Grantee must have a State single or project -
specific audit conducted for such fiscal year in accordance with Section 215.97, Florida
Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules
of the Auditor General. Exhibit C to this Agreement indicates state financial assistance
awarded through the Commission by this Agreement needed by the Grantee to further
comply with the requirements of Section 215.97, Florida Statutes. In determining the
state financial assistance expended in a fiscal year, the Grantee shall consider all
sources of state financial assistance, including state financial assistance received from
the Commission by this Agreement, 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.
ii. In connection with the audit requirements, the Grantee shall ensure that the audit
complies with the requirements of Section 215.97, Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97, Florida
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
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Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General.
In the event the Grantee does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Grantee is exempt for such fiscal year from the
state single audit requirements of Section 215.97, Florida Statutes. However, the
Grantee must provide a single audit exemption statement via email to the Department
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at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Grantee's audit period for each applicable audit year. In the event the Grantee does
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not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with the
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provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from
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the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's
resources obtained from other than State entities).
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iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for -profit organizations), Rules of the Auditor General, copies of financial reporting
packages required by this Agreement shall be submitted to both:
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Email: DOTSingleAudit@dot.state.fl.us Email: flaudgen_localgovt@aud.state.fi.us
v. Any copies of financial reporting packages, reports or other information required to be
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submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
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(nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
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vi. The Grantee, when submitting financial reporting packages to the Department for
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audits done in accordance with Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should
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indicate the date the reporting package was delivered to the Grantee in
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correspondence accompanying the reporting package.
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vii. Upon receipt, and within six months, the Department will review the Grantee's financial
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reporting package, including corrective action plans and management letters, to the
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extent necessary to determine whether timely and appropriate corrective action on all
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deficiencies has been taken pertaining to the state financial assistance provided
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through the Commission by this Agreement. If the Grantee fails to have an audit
conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the a
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Grantee shall permit the
Commission, the Department, or its designee, CFS or the Auditor General access to the
Grantee's records including financial statements, the independent auditor's working
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
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papers and project records as necessary. Records related to unresolved audit findings,
appeals or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Commission, the Department, or its designee, CFO or the Auditor General access
to such records upon request. The Grantee shall ensure that the audit working papers are
made available to the Commission, the Department, or its designee, CFO or the Auditor
General upon request for a period of five years from the date the audit report is issued
unless extended in writing by the Commission and/or the Department.
6.70 Inspection: The Grantee shall permit, and shall require its contractors to permit, the
Commission'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
at all reasonable times including upon completion of the Project, and without notice.
6.80 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
6.81 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
$300,000 per occurrence at all times in which Project vehicles or equipment are engaged.
The Grantee shall insure that contracting Transportation Operators also maintain the same
minimum liability insurance, or an equal governmental insurance program.
6.82 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
6.83 Property Insurance: The Grantee shall carry fire, theft, and comprehensive
coverage property insurance, with replacement cost value, on equipment, other than
vehicles, purchased with Transportation Disadvantaged Trust Funds.
6.84 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
7.00 Compensation and Payments: In order to obtain any Transportation Disadvantaged Trust
Funds, the Grantee shall:
7.10 File with the Commission for the Transportation Disadvantaged,
FLCTDInvoice dot. state. f1.us, its invoice on a form or forms prescribed by the Commission, and
such other detailed supporting documentation pertaining to the Project Account and the Project
(as listed in Exhibit "B" hereof) as the Commission may require, to justify and support the payment
as specified in the Commission's Grant Agreement and Invoicing Procedures.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
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7.11 Grantee certifies, under penalty of perjury, that the Grantee will comply with the
provisions of the Agreement and that all invoices and support documentation will be true and
correct.
7.12 Financial Consequence: Reimbursement payment for transportation services shall not
be provided to the Grantee until documentation supporting such services has been approved.
In addition, payment shall not be provided to the Grantee for capital until the capital has
been received and proof of payment and other back up documentation as requested is
provided to the Commission. The project must be completed (capital received and approved
by the Grantee) no later than June 30, 2021.
7.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such invoices in amounts and at times deemed by the Commission to be proper and in
accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the
Project Account if:
7.21 Misrepresentation: The Grantee has made misrepresentations of a material nature
in its application, or any supplement thereto or amendment thereof, with respect to any
document or record of data or certification furnished therewith or pursuant hereto;
7.22 Litigation: There is pending litigation with respect to the performance by the Grantee
of any of its duties or obligations which may jeopardize or adversely affect the Project, the
Agreement, or payments to the Project;
7.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
7.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
7.25 Default: The Grantee has been determined by the Commission to be in default under
any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
7.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
7.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission
will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs
attributable to goods, equipment, vehicles or services received under a contract or other
arrangements which have not been approved in writing by the Commission
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7.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or
incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper pre -audit
and post -audit thereof. Failure to submit to the Commission detailed supporting documentation
with the invoice or request for project funds will be cause for the Commission to refuse to pay the
amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapter
427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Program Manual and
Application Instructions for the Shirley Conroy Rural Area Capital Assistance Grant as revised on
April 6, 2020, is met.
7.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services done under any
grant agreement which it has with the Grantee owing such amount if, upon demand, payment of
the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, o
finally discontinues the Project; or if, by reason of any of the events or conditions set forth in u
Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of N
the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the C2
Commission may, by written notice to the Grantee, suspend any or all of its obligations under this U_
Agreement until such time as the event or condition resulting in such suspension has ceased or M
been corrected, or the Commission may terminate any or all of its obligations under this
Agreement.
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8.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any E
final termination or suspension notice under this section, the Grantee shall proceed promptly to in
carry out the actions required therein which may include any or all of the following: (1) necessary °a
action to terminate or suspend, as the case may be, Project activities and contracts and such other U
action as may be required or desirable to keep to the minimum the costs upon the basis of which a
the financing is to be computed; (2) furnish a statement of the project activities and contracts, E
and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit 2.
to the Commission such portion of the financing and any advance payment previously received as Q
is determined by the Commission to be due under the provisions of the Agreement. The r-
termination or suspension shall be carried out in conformity with the latest schedule, plan, and 0
budget as approved by the Commission or upon the basis of terms and conditions imposed by the
Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a E
reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of
any claim which the Commission may otherwise have arising out of this Agreement.
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Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020
Page, 9 cf 22
Packet Pg. 1408
16.D.1.a
8.30 Public Records: IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(850) 410-5700
CTDOmbudsman( dot.state.f1.us
605 Suwannee Street, MS 49
Tallahassee, Florida 32399
The Grantee shall keep and maintain public records required by the Commission to perform the
service of this agreement.
Upon request from the Commission's custodian of public records, provide the Commission with a
copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
agreement term and following completion of the agreement if the Grantee does not transfer the
records to the Commission.
Upon completion of the agreement, transfer, at no cost, to the Commission all public records in M
possession of the Grantee or keep and maintain public records required by the Commission to M
perform the service. If the Grantee transfers all public records to the Commission upon completion
of the contract, the Grantee shall destroy any duplicate public records that are exempt or a
confidential and exempt from public records disclosure requirements. If the Grantee keeps and E
maintains public records upon completion of the contract, the Grantee shall meet all applicable in
requirements for retaining public records. All records stored electronically must be provided to the °a
Commission, upon request from the Commission's custodian of public records, in a format that is L)
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compatible with the information technology systems of the Commission.
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Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for
immediate unilateral cancellation of this Agreement by the Commission. a
9.00 Remission of Project Account Upon Completion of Project: Upon completion and after 0
financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project
costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of £
any unexpended balance in the Project Account.
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10.00 Contracts of the Grantee: a
10.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, with any third
Shirley Conroy Rural Area Capital Assistance Program Grant 2020121
Collier County
Form Rev. 8/14/2020
Page 10 of 22
Packet Pg. 1409
16.D.1.a
party with respect to the Project without being able to provide, upon request, a written
certification by the Grantee that the contract or obligation was executed in accordance with the
competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida
Statutes, and the rules promulgated by the Department of Management Services. Failure to
provide such certification, upon the Commission's request, shall be sufficient cause for
nonpayment by the Commission as provided in Section 8.20. The Grantee agrees, that by entering
into this Agreement, it explicitly certifies that all of its third parry contracts will be executed in
compliance with this section.
10.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall provide, upon request, documentation of compliance with this
law to the Commission for each consultant contract it enters.
10.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
11.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
11.10 Equal Employment Opportunity: In connection with the carrying out of this
Agreement, the Grantee shall not discriminate against any employee or applicant for employment
because of race, age, disability, creed, color, sex or national origin. The Grantee will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, disability, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development of operation of the Project, except contracts for the
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. The Grantee shall post, in conspicuous places available to employees and applicants for
employment for Project work, notices setting forth the provisions of the nondiscrimination clause.
11.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice and the
assurance by the Grantee pursuant thereto.
11.30 Prohibited Interests:
11.31 Contracts or Purchases: Unless authorized in writing by the Commission, no
officer of the Grantee, or employee acting in his or her official capacity as a purchasing
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. &/14/2020
Page 11 of 22
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agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services
for the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
11.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful
for an officer or employee of the Grantee, or for any company, corporation, or firm in which
an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be E
personally interested in the purchase or the furnishing of any materials, services or supplies 2
to be used in the work of this agreement or in the performance of any other work for which a
the Grantee is responsible. a
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11.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit o
or accept funds from any person who has, maintains, or seeks business relations with the o
Grantee.
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11.34 Former Employees - Contractual Services: Unless authorized in writing by the CO
Commission, no employee of the Grantee shall, within 1 year after retirement or termination, o
have or hold any employment or contractual relationship with any business entity in U
connection with any contract for contractual services which was within his or her N
responsibility while an employee. }
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11.35 Former Employees - Consulting Services: The sum of money paid to a former o
employee of the Grantee during the first year after the cessation of his or her responsibilities, M
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual ZI
salary received on the date of cessation of his or her responsibilities. The provisions of this
section may be waived by the Grantee for a particular contract if the Grantee determines, E
and the Commission approves, that such waiver will result in significant time or cost savings 40,
for the Grantee and the project. o
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The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision: E
"No member, officer, or employee of the Grantee during his tenure or for one year a
thereafter shall have any interest, direct or indirect, in this contract or the proceeds =
thereof."
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The provisions of this section shall not be applicable to any agreement between the Grantee r
and its fiscal depositories, or to any agreement for utility services the rates for which are s
fixed or controlled by a Governmental agency.
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11.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its
contractors or their sub -contractors shall not discriminate against anyone on the basis of a
handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020
Page 12 of 22 C
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Packet Pg. 1411
16.D.1.a
funds shall be used to rent, lease or barter any real property that is not accessible to persons with
disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons
with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities
Act, as amended, as it may be amended from time to time.
11.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "purpose of
lobbying" includes, but is not limited to, salaries, travel expenses and per diem, the cost for
publication and distribution of each publication used in lobbying; other printing; media;
advertising, including production costs; postage; entertainment; telephone; and association dues.
The provisions of this section supplement the provisions of Section 11.062, Florida Statutes, which
is incorporated by reference into this Agreement.
11.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or
transact any business with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to Section 287.133, Florida Statutes.
The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the convicted vendor list, the Grantee may also not accept any bid
from, award any contract to, or transact any business with any other person who is under the
same, or substantially the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
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11.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E- E
Verify system, in accordance with the terms governing use of the system, to confirm the in
employment eligibility of: a
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1. all new persons employed by the grantee during the term of the grant agreement to perform a
employment duties within Florida; and E
2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant L
to the contract with the Commission. Q
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The Commission shall consider the employment by any vendor of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs c
unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. E
Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more about
E-Verify.
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12.00 Miscellaneous Provisions:
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020
Page 13 of 22
Packet Pg. 1412
16.D.1.a
12.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
12.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or
liable hereunder to any party other than the Grantee.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
12.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and 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.
12.50 Bonus and Commissions: By execution of the Agreement, the Grantee 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 financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State or Federal law. Provided, that if any of the provisions of the
Agreement violate any applicable State or Federal law, the Grantee will at once notify the
Commission in writing in order that appropriate changes and modifications may be made by the
Commission and the Grantee to the end that the Grantee may proceed as soon as possible with
the Project.
12.70 Venue: This agreement shall be governed by and construed in accordance with the law of
the State of Florida. In the event of a conflict between any portion of the contract and the Florida
law, the laws of Florida shall prevail. The Grantee agrees to waive forum and venue and that the
Commission shall determine the forum and venue in which any dispute under this Agreement is
decided.
12.80 Purchased Vehicles or Equipment:
12.81 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order
for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations
or modifications to the equipment or vehicles without the consent of the Commission. The
Grantee shall notify the Commission in writing of any lease or assignment of operational
responsibility to third parties within the CTC's service area. The Grantee shall notify the
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev.8/14/2020
Page 14 of 22
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Commission in writing of any lease or assignment of operational responsibility of project
vehicles and equipment to third -persons.
12.82 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non -sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most current
Commission policies. The Commission may, after consultation with the Grantee, transfer
purchased equipment and vehicles that it deems to be underutilized or that is not being
operated for its intended purpose. This underutilized equipment and vehicles will be returned
to the Commission at a specified location at a mutually agreeable time. Reimbursement of
any equity or interest of the Grantee will be made after another party has assumed the
obligations under the terms and conditions of this Agreement or disposal of said items by sale
has occurred. The Commission shall make the sole determination of the Grantee's interest
and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles
and equipment that are purchased with Project funds shall be sufficient cause for non-
payment by the Commission as provided in Section 8.20.
12.83 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by reference.
The following applicable process must be used prior to disposition of any capital equipment
purchased with these grant funds:
a) When the Grantee is still under contract with the Commission and the capital equipment
still has useful life, the Grantee must request written approval from the Commission prior
to disposing of any equipment purchased or financed in whole or in part pursuant to this
Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the
sale of purchased project equipment and vehicles shall be documented in the project
file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-
invested for any purpose which expands transportation disadvantaged services for the
non -sponsored. If the Grantee does not elect to re -invest for purposes which expand
transportation disadvantaged services, the gross proceeds from sale shall be refunded to
the Commission in the same participation percentage ratios as were used to fund the
original purchase.
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this
Agreement shall be undertaken by the Grantee on behalf of the Florida Commission far the
Transportation Disadvantaged in accordance with State regulations and statutes. Title to
any vehicle purchased with Project funds shall be in the name of the Grantee, subject to
lien in favor of the Commission. The Commission will relinquish all interest in the vehicles
and equipment when it has reached the end of its useful life at which time the Commission
will satisfy its lien of record.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020
Page 15 of 22
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c) When a Grantee is no longer an eligible recipient of these grant funds and no longer a
Commission approved Community Transportation Coordinator, the capital equipmentwith
useful life purchased with these grant funds must be transferred to an eligible recipient in
accordance with the Commission's Capital Equipment Procedure.
12.84 Equivalency of Service: In the event that this agreement involves the purchasing
of vehicles, upon the Commission's request, the Grantee shall submit to the Commission,
certification that such equipment meets or exceeds equivalency of service requirements in
accordance with the Commission's Capital Equipment Procedures. Failure to abide by this
requirement shall be sufficient cause for nonpayment by the Commission as provided in
Section 8.20.
13.00 Contractual Indemnity: It is not intended by any of the provision of this Agreement to create
in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement. The Grantee guaranties the payment of all just
claims for materials, supplies, tools, or labor and other just claims against the Grantee or any
subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as
limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Grantee agreements
to indemnify, and hold harmless the Commission, including the Commission's officers and employees,
from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to
the extent caused by negligence, recklessness, or intentional wrongful misconduct of the Grantee and
persons employed or utilized by the Grantee in the performance of this Agreement. This
indemnification shall survive the termination of this agreement. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the Grantee's sovereign immunity.
Additionally, the Grantee agrees to include the following indemnification in all contracts with
contractors/subcontractors and consultants/subconsultants who perform work in connection with this
agreement.
"To the fullest extent permitted by law, the Grantee's contractor/consultant shall indemnify,
and hold harmless the Commission for the Transportation Disadvantaged, including the
Commission's officers and employees, from liabilities, damages, losses, and costs, including
but not limited to, reasonable attorney's fees, to the extent caused by negligence,
recklessness, or intentional wrongful misconduct of the Contractor/consultant and persons
employed or utilized by the contractor/consultant in the performance of this Agreement.
This indemnification shall survive the termination of this agreement. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
Grantee's sovereign immunity."
14.00 Appropriation of Funds: The State of Florida's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Legislature. If applicable, the Grantee's
performance of its obligations under this Agreement is subject to an appropriation by the Grantee's
Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges
where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance
with the Grantee's purchasing ordinance(s), laws, rules and regulations.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020 Page 15 of 22
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15.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30,
2021. If the Grantee does not complete the Project within this time period, this agreement will expire.
Expiration of this agreement will be considered termination of the Project and the procedure established
in Section 8.00 of this agreement shall be initiated. For the purpose of this section, completion of
project is defined as the latest date by which services may have been provided or equipment funds may
have been received as provided in the project description (Exhibit "A"). Unless otherwise extended by
the Commission, all reimbursement invoices must be received by the Commission no later than August
15, 2021.
16.00 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.
17.00 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.
18.00 Vendors and Subcontractors Rights: Vendors (in this document identified as the Grantee) o
providing goods and services to the Commission will receive payments in accordance with Section 0
215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and N
hereby agree that the time in which the Commission is required to approve and inspect goods and Q
services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. iu-
The Florida Department of Transportation has twenty (20) days to deliver a request for payment M
(voucher) to the Department of Financial Services after receiving an approved invoice from the M
Commission. The twenty (20) days are measured from the latter of the date the invoice is received or
the goods or services are received, inspected, and approved. a
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If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection co
and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due oo
and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies d
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 Grantee requests payment. Invoices which have to be E
returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The a
invoice payment requirements do not start until a properly completed invoice is provided to the a
Commission.
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A Vendor Ombudsman has been established within the Department of Management Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850)
413-5516. r
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19.00 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved
third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party
contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part
with Transportation Disadvantaged Trust Fund moneys, must contain the following statement:
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020 Page 1 / or 22
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16.D.1.a
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts subject
to the provisions of Chapter 339, the contractor shall pay such moneys received to each
subcontractor and supplier in proportion to the percentage of work completed by each
subcontractor and supplier at the time of receipt of the payment. If the contractor receives
less than full payment, then the contractor shall be required to disburse only the funds
received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving
a prorated portion based on the amount due on the payment. If the contractor without
reasonable cause fails to make payments required by this section to subcontractors and
suppliers within seven (7) working days after the receipt by the contractor of full or partial
payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount
of one-half of one percent of the amount due, per day, from the expiration of the period
allowed herein for payment. Such penalty shall be in addition to actual payments owed and
shall not exceed 15 percent of the outstanding balance due. In addition to other fines or
penalties, a person found not in compliance with any provision of this section may be ordered
by the court to make restitution for attorney's fees and all related costs to the aggrieved party
or the Department of Legal Affairs when it provides legal assistance pursuant to this section.
The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in
proceedings brought against contractors under the provisions of this section.
20.00 Modification: This Agreement may not be changed or modified unless authorized in writing by
both parties.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020
Page 18 of 22
Packet Pg. 1417
16.D.1.a
FM/JOB NO(5), 41065618401
CONTRACT NO.
AGREEMENT DATE:
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year first above written. E
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GRANTEE: COLLIER COUNTY BOARD OF COMMISSION FOR THE TRANSPORTATION a
COUNTY COMMISSIONERS DISADVANTAGED
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Collier County
Form Rev. 8/14/2020 Page 19 of 22
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16.D.1.a
FM/JOB No(s). 41065618401
CONTRACT NO.
AGREEMENT DATE:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
Shirley Conroy Rural Area Capital Assistance Program Grant
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This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission a
for the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299 a
Tamiami Trail, Suite #700, Naples, Florida 34112. c�
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PROJECT LOCATION: Collier County(ies) c
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PROJECT DESCRIPTION: To purchase capital equipment so that transportation can be provided to T
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the non -sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule
41-2, Florida Administrative Code, the most current Commission policies and the Program Manual and o
Application Instructions for the Shirley Conroy Rural Area Capital Assistance Grant as revised on April 6,
2020. Services shall be provided and equipment, including vehicles, will be utilized through a N
coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in 8
Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Capital equipment will consist u_
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One (1) Alignment Machine
SPECIAL CONSIDERATIONS BY GRANTEE: E
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1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest O
Florida Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any
other federal, state, or local government agency.
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Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev.8/14/2020
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16.D.1.a
FM/JOB No(s).
CONTRACT NO.
AGREEMENT DATE:
41065618401
EXHIBIT "B"
PROJECT BUDGET AND DISBURSEMENT SCHEDULE
Shirley Conroy Rural Area Capital Assistance Program Grant
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for
the Transportation Disadvantaged and Collier County Board of County Commissioners, 3299 Tamiami
Trail Suite #700, Naples, Florida 34112,
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Program
Manual and Application Instructions for the Shirley Conroy Rural Area Capital Assistance Program Grant
as revised on April 6, 2020.
Capital Equipment:
One (1) Alignment Machine
TOTAL
II. SOURCE OF FUNDS:
Commission for the Transportation Disadvantaged State Funds
Local Cash Funds
Total Project Cost
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Execution Date through June 30, 2021 FY2020-21: $25,094,00
$27,882.00
$27,882.00
S25,094.00
$2,788.00
$271882.00
Financial Consequence: Payment shall not be made to the Grantee until the capital has been received
and proof of payment and other back up documentation as requested is provided to the Commission.
The project must be completed (capital received and approved by the Grantee) no later than June 30,
2021.
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020 Page 21 of 22
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16.D.1.a
FM/JOB No(s).
CONTRACT NO.
AGREEMENT DATE;
41065618401
EXHIBIT " C"
STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Commission for the Transportation Disadvantaged/Florida
Agency: Department of Transportation
State Project COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
Title: (CTD)
TRIP AND EQUIPMENT GRANT PROGRAM
CSFA Number: 55.001
*Award Amount: $25,094.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number 55,001 is provided at:
https://apps.fldfs.com/fsaa/searchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.001 are provided at:
https://apps,fldfs.com/fsaa/"`searchComr)liance.aspx
The State Projects Compliance Supplement is provided at:
https://apps.fldfs.com/fsaa/comi2liance.aspx
Shirley Conroy Rural Area Capital Assistance Program Grant 2020/21
Collier County
Form Rev. 8/14/2020
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