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Backup Documents 06/22/2021 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. 1 he completed routing slip and original documents arc to be loruarded to the(onut} Attorney Office at the time the item is placed on the agenda. All completed routine slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initia s Date 1. County Attorney Office CAO :,, I „I 2. Board of County Commissioners Office BOCC qv At ( 3k) 3. Minutes and Records Clerk of Court's Office kV c,1301 a ► 1O `L 4. Send signed copy to Heather Meyer GMD South PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Heather Meyer/GMD 239-252-5765 Contact/ Department Agenda Date Item was June 22,2021 Agenda Item Number 16A.17 Approved by the BCC Type of Document Resolution and Agreement for TMC Ops Fund Number of Original 2 Attached Documents Attached PO number or account N/A number if document is 1 to be recorded �p 1 b INST UCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK HM 2. Does the document need to be sent to another agency for additional signatures? If yes, HM provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. ROUTE BACK TO HEATHER TO OBTAIN FOOT SIGNATURES 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's HM Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on June 22,2021 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County �, an option for Attorney's Office has reviewed the changes,if applicable. 1110 this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the : option for Chairman's signature. is line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A17 HayesJessica From: BeauvoirPierre Sent: Monday,June 28, 2021 10:36 AM To: HayesJessica Cc: ArencibiaJessica; MeyerHeather Subject: RE: Pink Slip BCC 6-22-21 Item 16A.17 Hi Jessica, Please send the Contract and Resolution to the Attention of: Simon Shackelford Local Program Coordinator South West Area Office I District One Florida Department of Transportation 10041 Daniels Parkway, MS 1-98 Fort Myers, FL 33913 Phone: (239)225-1958 I Fax: (239)225-1957 Email: Simon.shackelford@dot.state.fl.us Respectfully, Pierre-Marie Beauvoir Signal Systems Network Specialist Traffic Management Center (TMC) Operations Co -ter County Growth Management Department Traffic Management Center(TMC) I (239)252-5000 2885 South Horseshoe Drive I Naples. FL 34104 j Phone: 239.252.6066 I Cell: 239.253.8441 I Fax: 239.252.5868 Email: Pierre.Beauvoir a colliercountyfl.gov Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. From: MeyerHeather<Heather.Meyer@colliercountyfl.gov> Sent: Monday,June 28, 2021 10:27 AM To: HayesJessica<Jessica.Hayes@colliercountyfl.gov> Cc: BeauvoirPierre<Pierre.Beauvoir@colliercountyfl.gov>;ArencibiaJessica<Jessica.Arencibia@colliercountyfl.gov> Subject: RE: Pink Slip BCC 6-22-21 Item 16A.17 No worries! Thanks so much Jessica e 1 Crystal K. Kinzel CV1T COURT 1 6 A 17 �� Collier County F'� � °3 Clerk of the Circuit Court and Comptroller 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 * rC'4R COUNT`l•C\P July 1, 2021 Simon Shackelford, Local Program Coordinator South West Area Office - District One Florida Department of Transportation 10041 Daniels Parkway, MS 1-98 Fort Myers, FL 33913 Re: Collier County Resolution 2021-129 Mr. Shackelford, Attached for further processing is a certified copy of the Resolution referenced above, and accompanying documents, adopted by the Collier County Board of County Commissioners June 22, 2021. If your office requires further information regarding this mailing, please feel free to contact me at 239-252-8406. Thank you. CRYSTAL K. KINZEL, CLERK Ann Jennejohn, Deputy Clerk Attachment Phone-(239) 252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@'collierclerk.com 16A17 RESOLUTION NO. 2021 - 12 9 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FUNDING FOR THE COUNTY TO UNDERTAKE THE SIGNAL TIMING PROJECT KNOWN AS THE COLLIER TMC OPERATIONS FUND COUNTY WIDE PROJECT (FM#437103-1-88-01). WHEREAS, the State of Florida Department of Transportation (FDOT) and Collier County, Florida (Collier County)wish to enter into Department Funded Agreement, Financial Management No.437103-1-88- 01 (the "Agreement") to assist and fund Collier County with monitoring and implementing signal timing changes along regionally significant corridors on the State Highway System; and WHEREAS,the existing Department Funded Agreement under FM#437103-1-88-01 expires on June 30, 2021, and the parties wish to execute a new Agreement containing an increased number of traffic signals and associated compensation figures for Fiscal Year 2022 to Fiscal Year 2026. WHEREAS, FDOT agrees to reimburse Collier County for satisfactory performance of the services set forth in the Agreement the amount of$79,500 annually for State Fiscal Years 2022 through 2026, for a total amount of$397,500;and WHEREAS, the Collier County Board of Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. NOW,THEREFORE, BE IT RESOLVED BY TI IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. The Board of County Commissioners approves and authorizes its Chairman to sign the Agreement pertaining to Collier TMC Operations Fund County Wide Project(FM#437103-1-88-01). 2. The Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion,second,and majority vote favoring same,this Vird day of � Q ,2021. ATTEST: BOARD O COUNTY COMMISSIONERS CRYSTl ,.K. KINZEL, Clerk OF COLL UNTY, FLO A -vo,r-, ,` BX .- _�"�. By: • e ty Clerk PENNY TA OR, Chair ': r � , �. . �I CIt,�I�tre,`or1 /��� App ow • as to.fo rt and I gality: Item# •�"S1.3 I I�\ Agenda 'i �.2,1 Sall ar V Date ssista .",ounty Attorney Date V.3P'I 1`c(t" Rec'd ---------- 2 CO) eputy Clerk 4% 16A1 FM#: 437103-1-88-01 Collier County Page 1 of 10 Financial Management No.: Fund: DS/DDR Function: 306 FLAIR Approp:088866 437103-1-88-01 FLAIR Obj.: 131512 Contract Amount:$397,500 Agency:Collier County Total amount in F1'22-26 Org.Code: 55014060162 Contract No: Vendor No.: F596000558003 DEPARTMENT FUNDED AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ANI) COLLIER COUNTY This Agreement, made and entered into this day of —. 2021. by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an executive agency of the State of Florida, (hereinafter referred to as the DEPARTMENT) and COLLIER COUNTY. a Florida municipal corporation. (hereinafter referred to as the COUNTY). WITNESSETH: WHEREAS, the Parties have been granted specific Legislative Authority to enter into this Agreement pursuant to Section 339.12, Florida Statutes; and WHEREAS. the COUNTY can benefit substantially through improved traffic signal operations; and WHEREAS. the DEPARTMENT will provide operations funding on an annual basis, to assist the COUNTY with monitoring and implementing signal timing changes along regionally significant corridors in the Region as determined by the COUNTY and the DEPARTMENT: WHEREAS. the COUNTY by Resolution No.21—1_2glated the 22nd day of June, 2Q.21 2021 a copy of which is attached hereto and made a part hereof, has authorized its Chairman or designee to execute this Agreement on its behalf. WHEREAS, the DEPARTMENT is prepared, in accordance with its Five Year Work Program, to undertake the Project described as the "Collier TMC Operations Fund City Wide", from Fiscal Year 2022 to Fiscal Year 2026 under FM #: 437103-1-88-01. hereinafter referred to as the "Project": and WHEREAS, the Project is on the State Highway System. is not revenue producing and is contained in the adopted Five Year Work Program; and 1 6A17 I M#: 437 l 03-1-88-01 Collier County Page 2 of 10 WHEREAS, the implementation of the Project is in the interests of both the DEPARTMENT and the COUNTY and it would he most practical. expeditious, and economical for the COUNTY to perform the services to complete the Project. WHEREAS, the intent of this Agreement is to establish the terms and conditions of the funding and the production of this Project: and NOW, THEREFORE. in consideration of the mutual objective to efficiently operate the surface transportation network and benefits to be derived from the joint participation of this Agreement, the parties agree as follows: I. TERM A. The term of this Agreement shall begin upon the date of signature of the last part) to sign. The COl:NTY agrees to complete the Project by June 30`''. 2026. in accordance with the schedule described and contained in Exhibit "C" attached hereto. If the COUNTY does not complete the Project within the time period allotted. this Agreement will expire on the last day of the scheduled completion. as provided in this paragraph unless an extension of the time period is requested by the COUNTY and granted in writing by the DEPARTMENT prior to the expiration of the Agreement. Expiration of this Agreement will he considered termination of the Project. After the Project is complete. the term of this Agreement shall continue in effect and he binding on the parties in perpetuity for maintenance responsibilities of the COUNTY. 2. SERVICES AND PERFORMANCES A. The COUNTY shall furnish the services to construct the Project. The COUNTY shall perform all other necessary work to complete the Project. as specified in Exhibit "A". Scope of Services attached hereto and by this reference made a part hereof. Nothing herein shall be construed as requiring the COUNTY to perform any activity which is outside of the scope of services of the Project. 13. The COUNTY shall he responsible for obtaining clearances/permits required for the implementation of the Project from the appropriate permitting authorities. 16A17 FM#: 437103-1-88-01 Collier County Pane 3of10 ('. The DEPARTMENT will he entitled at all times to be adx ised. at its request. as to the status of work being done by the COUNTY and of details thereof. Coordination shall he maintained by the COUNTY w ith representatives of the DEPARTMENT. 3. COMPENSATION AND REIMBURSEMENT A. The Department agrees to compensate the COUNTY for services described in Exhibit A — Scope of Services. The Method of Compensation is included as Exhibit B. 13. The COUNTY shall provide quantifiable. measurable. and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Project Number 437103-1-88-01. and the quantifiable. measurable. and verifiable units of deliverables are described more fully in Exhibit A — Scope of Services (Section 287.058(I) (d) and(e). ES.) C. Invoices shall be submitted by the COUNTY on an annual basis upon successful completion of performance and shall he in detail sufficient for a proper pre-audit and post audit based on the quantifiable. measurable and verifiable units of deliverables as established in Exhibit A — Scope of Services. Deliverables must he received and accepted in writing by the DE.PARTMENT's Project Manager prior to payments. (Section 287.058(1)(a), F.S.) D. Supporting documentation submitted by the COUNTY must establish that the deliverables were received and accepted in writing by the DEPARTMENT and must also establish that the required minimum level of service to he performed based on the criteria for evaluating successful completion as specified in Exhibit A — Scope of Services was met. All costs invoiced shall he supported by properly executed payrolls. time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F- Contract Payment Requirements. (Reference Guide for State Expenditures Cost Reimbursement Requirements.) f:. There shall he no reimbursement for travel expenses under this Agreement. F. Payment shall he made only after receipt and approval of services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. or the Departments Comptroller under Section 334.044 (29). Florida Statutes. If the DEPARTMENT determines that the performance of the COUNTY is unsatisfactory. the DEPARTMENT shall notify the COUNTY of the deficiency to he corrected. which correction shall 16A 1 7 FM#: 437103-1-88-01 Collier County Page 4 of 10 he made within a time-frame to he specified by the DEPARTMENT. The COUNTY shall, within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the COUNTY gill address all issues of contract non-performance. unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT. the COUNTY shall he assessed a non-performance retainage equivalent to 10%of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall he withheld until the COUNTY resolves the deficiency. lithe deficiency is subsequently resolved, the COUNTY may bill the DEPARTMENT for the retained amount during the next billing period. If the COUNTY is unable to resolve the deficiency. the funds retained may he forfeited at the end of the Agreement's term. (Section 287.058(1)(h), F,S.) G. The COUNTY providing services to the DEPARTMENT should he aware of the following time frames. Inspection and approval of services shall take no longer than 5 working days unless bids specifications. purchase order or contract specifies otherwise. (Any deviations should he referenced in the agreement or an addendum in accordance with Section 2.1.) The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the DEPARTMENT of Financial Ser%ices. 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. (Section 215.422(1), F.S.) I I. If a payment is not available within 40 days. a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will he due and payable. in addition to the invoice amount. to the COUNTY. Interest penalties of less than one (1) dollar will not he enforced unless the COUNTY requests payment. Invoices that have to he returned to a COUNTY because of COUNTY 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. (Section 215.422(3)(b), F.S.) 1. A Vendor Ombudsman has been established within the DEPARTMENT of Financial Services. The duties of this individual include acting as an advocate for COUNTY who may he experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may he contacted at (850)413-5516. (Section 215.422(5) and(7). F.S.) J. The COUNTY shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this 16A17 FM#: 437103-1-88-01 Collier County Page 5 of 10 Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for a minimum of five years after final payment is made. Copies of these documents and records shall he furnished to the DEPARTMENT upon request. Records of costs incurred include the COUNTY's general accounting records and the project records. together with supporting documents and records. of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. (Section 287.058(4), F.S.) K. In the event this contract is for services in excess of S25.000.00 and a term for a period of more than I year. the provisions of Section 339.135(6)(a), F.S.. are hereby incorporated: "The DEPARTMENT, during any fiscal year. shall not expend money. incur any liability. or enter into any contract which. by its terms. involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void. and no money may he paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such 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 I year. hut any contract so made shall he executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25.000.00 and which have a term for a period of more than 1 year." L. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 287.0582, F.S.) 4. COMPLIANCE WITH LAWS A. The COUNTY shall allow public access to all documents. papers, letters, or other material subject to the provisions of Chapter 119. Florida Statutes. and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall he grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. 16A17 FM#: 437103-1-88-01 Collier County Page 6 of 10 B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof. The COUNTY shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch. or a state agency. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract. E. The COUNTY shall: 1. Utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the COUNTY during the term of the contract; and 2. Expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 2011Executive Order Number 11-116) 5. TERMINATION AND DEFAULT A. This Agreement may be cancelled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This contract may be cancelled by the COUNTY upon sixty (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement. or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or(c)taking whatever action is deemed appropriate by the DEPARTMENT. 16A17 FM#: 437103-1-88-01 Collier County Page 7 of 10 C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to he terminated. D. lithe Agreement is terminated before performance is completed. the COUNTY shall be paid only for that work satisfactorily' performed for which costs can he substantiated. Such payment. however. may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily' completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT MENT and will he turned over promptly by the COUNTY. 6. MISCELLANEOUS A. 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 vender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY 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 COUNTY. and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations. correspondence. conversations, agreements. or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly. it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall he effective unless contained in a written document executed with the same formality and of equal dignity herewith. t� 1 6 A 1 7 FM#: 437103-1-88-0I Collier County Page 8 of 10 E. All tracings. plans specifications. maps, models. reports. or other work product prepared or obtained under this Agreement shall be considered works made for hire for the DEPARTMENT and the COUNTY and shall at all times be and remain the property of the DEPARTMENT and the COUNTY without restriction or limitation on their use. F. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein determined by a court of competent jurisdiction, or any other legally constituted body having jurisdiction, to be invalid or unenforceable shall be severable and the remainder of this Agreement shall remain in hull force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of-this Agreement. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the Project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the DEPARTMENT. The DEPARTMENT may, at any stage, amend or terminate the Project in whole or in part if the DEPARTMENT determines that such action is in the best interest of the public. However, the COUNTY's obligation to maintain the PROJECT after completion shall survive the term of this Agreement. I I The COUNTY agrees to indemnify the DEPARTMENT up to the limits provided by Florida Statute 768.28 against any loss or damage resulting from the negligent or wrongful act of omission of any officer. employee, contractor, sub-contractor or agent while acting within the scope of said person's employment under this Department Funded Agreement. Nothing in this Department Funded Agreement shall be construed as a waiver by the COUNTY of its sovereign immunity protections as provided by Florida Statute 768.28. Additionally. the COUNTY shall require all contractors and subcontractors who conduct operations within the scope of this Department Funded Agreement to indemnify and hold the DEPARTMENT harmless. I. PUBLIC ENTITY CRIME INFORMATION AND ANTI-DISCRIMINATION STATEMENT: 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 hid 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 1 6 A 7 FM4: 437103-1-88-01 Collier County Page 9 of'10 with any public entity in excess of the threshold amount provided in Section 287.017. for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a hid on a contract to provide any goods or services to a public entity. may not submit a hid on a contract «ith 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 he awarded or perform work as a contractor. supplier. subcontractor. or consultant under a contract with an\ public entity. and may not transact business with any public entity. J. All notices required pursuant to the terms hereof shall be sent by First Class United States Mail. Unless prior written notification of an alternate address for notices is sent, all notices shall he sent to the following addresses: Florida Department of Transportation ('oilier• County Mark Mathes Anthony Khawaja District Traffic Operations Engineer Chief TralIic Operations Engineer 801 N. Broadway Ave 2885 S Horseshoe Dr. 13arto‘y. Florida 33830 Naples. Fl. 34104 K. Exhibits A. B. C. and Attachment F are attached hereto and incorporated by reference. 16A17 E M4: -1 3 7 1 03-1-88-0 1 Collier County Page 10 of 10 IN WI I NE'SS WI II:RE:OI . COLLIER ('OIJNI Y has caused this Aereement to he executed in its behalf. the Chairman or its I)esiunee. and the I.I.ORIDA DF:PAR fMI:N I OF I RANSPORI A IlON has caused this Agreement to he executed in its behalf through its District Secretary or authorised Designee. I his Atifeement shall become ef'fecti\e on: ) partnt.ttt to otter JAIL'• - COMER ( ()l \ I 1 . I.1.013IDA • --ril I: _1*U* • / 0.0 • CE AK , ��, , (SEAL) (.11.AIR\1 \\ (AVI)I SI(i\I I — — tifflll.'IfthpArl�1 BOARDOF COI N I Y CO\IMISSIO\I:RS a9a Pe-nr‘N Icks3ar- DA l I: PRINT N 91: DATE E VA COUNTY LEGAL -- ----- ---- ------ RE:VI1:\ ': BY: � AW D:A S ST tJT ( W\I ST,AT'F. OF FLORIDA DEPARTMENT OF TRANSPORTATION Vl IfS l 13Y: 1:\l;('l : I IVE SECRETARY (SI..\1.) DIS I RI(' I SI ('RI-.I:\RY OR DESIGNEE DISTRICT ONE PRINT NAME'. I) \ Il- PRIN I N \\II DATA', I I. \. DWI".. OE. TRANS. I.EGAI. .\VAII.A1311.ITY OF FUNDS APPROV:\I : RI \ II \\ : Ill : DA'll C AU 16A17 FM#: 437103-1-88-01 Collier County Page 1of2 EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 437103-1-88-01 COLLIER TMC OPERATIONS FUND COUNTY WIDE 1. The COUNTY agrees to follow the policies and procedures as outlined in the Collier County Traffic Management Center(TMC) Operations Manual dated December 23, 2015 and any subsequent amendments thereto. 2. The COUNTY agrees to continue to document and report quarterly (the first report due on or before September 30, 2021, followed by reports on or before December 31, March 31 and June 30 of each year) on measures of effectiveness identified in the "Collier County Traffic Management Center Quarterly Dashboard," which may be modified from time to time by mutual agreement of the parties. 3. The COUNTY will monitor and implement signal timing changes. if necessary, along regionally significant corridors as determined by the COUNTY and the DEPARTMENT during the regular TMC operating hours which is to include the AM and PM peak hours of traffic. The need for implementing the signal timing changes in response to an incident or a non-recurring congestion or any other planned or unplanned event will be determined by and the implementation will he performed under the direct supervision of a Professional Engineer licensed in the State of Florida. 4. The COUNTY agrees to provide the DEPARTMENT a quarterly performance report for each of the major arterial corridors as identified below. The corridor performance reports to substantially conform to the attached sample performance report which may be modified from time to time by mutual agreement of the parties. This includes identification of any ongoing crash patterns, TOD concentration of crashes, any potential signal operation changes to alleviate the noted crash patterns, recommendation of projects/initiatives to enhance safety and operation etc. The COUNTY will implement signal operation changes that can be done with minimal effort, in coordination with the DEPARTMENT,to improve safety and operation. a. SR 84 from US 41 to Collier Blvd b. US 41 from Pine Ridge Rd to Old US 41 c. US 41 from SR 29 to Commercial Dr/Palm St d. SR 951 from Capri Blvd to US 41 e. SR 29 from Farm Workers Way to New Market Rd 1 6 A 1 7 FM#: 437103-1-88-01 Collier County Page 2 of 2 5. The COUNTY will provide data to the DEPARTMENT, on a quarterly basis. from the traffic data collection devices connected to the TMC. and as identified in the Collier County TMC Operations Manual. The COUNTY shall provide the DEPARTMENT with any and all reports or other documents from this project. 6. The COUNTY will, during the regular TMC operating hours, coordinate with the District I operations staff to monitor signals and implement signal timing changes related to interstate operations for active arterial management. 7. The COUNTY will provide PTZ access to all state arterial cameras within the County jurisdiction to the DEPARTMENT. The COUNTY will provide all necessary information to configure these cameras in DEPARMENT's Sunguide application. 8. The COt NTY agrees to work w ith the assistance from DEPARTMENT IT Technical Staff to configure network equipment to provide multicast services for multicast capable devices. 9. The COUNTY will provide the DEPARTMENT, real-time access to the central traffic controller program and database. The COUNTY will assist the DEPARTMENT with the analysis of data for generating Signal Performance Matrices(SPM). alerts and reports. 10. The COUNTY agrees to adopt and implement industry standard cyber security policies and best practices to protect the ITS network/system from vulnerable security threats. The COUNTY agrees to notify the DEPARTMENT of known or suspected security incidents that may impact the DEPARTMENT's ITS network. I I. The COUNTY will provide access to all Bluetooth travel time and Microwave Vehicle Detection Site (MVDS) detectors within the County jurisdiction to the DEPARTMENT. The COUNTY will provide all necessary information to configure these devices in the DEPARTMENT's SunGuide application. Upon request. the COUNTY will establish specific detector pairs and reports for travel time analyses,or provide the DEPARTMENT with login access rights to the BlueArgus (or other) platthrm to establish these detector pairs and related reports. 1 6A 1 7 ti 'r , 111 E[OQET ' i ..,, z - r 'j _ r-S • - (salnuiVy)luan3So '` uouleina a8e+any r•I iNCI L E __ k - Wll) I— o a 1 1 = OSOOEI x W i. L ti a tta , L ° o f 0- 2 -- v © U 95 Sli W 6t00U L �fr Z. it : ..-. -:. ::., io - . o (salnuiyi)awitaneii a ® Ki09 J ' - _ _ -1 ■ L. IL ...- •6. t E Mrt�lrl■ - a J - ! R y _ v 1.._._ - . x � ®> .w, .- - -- x1 t © 1Sdt F. J r rta r Ei ad ' C J OC G 2 v �� tt Q _ (sAeo)iiedaa of awija2e+an; © PM9 mil ) ��� if. (salnwW)aw11anejl 4 1 6 A 1 7 FD017) Performance IN leasure- Travel Time Information SR 64 SR 64-Carlton Arms Blvd to Upper Manatee Rd, 5.2 miles length, 12 traffic signals,45 mph posted speed limit 0 1 SEM 5th Percentile Travel Time 9 CI 1 0 . I . _ . 1 1 1 l' •-• 7 A i 1 El 0 95th Percentile Travel Time Average Travel Time Free Flow Travel Time - Travel Time Index ii_ il il U i I- i-: I i.' ..._ 1 1_ Planning Time Index i,..... . _1 Free Flow Travel Time:7.27 minutes Eastborind Travel Times-AM Peak Period Westbound Travel Tmes-AM Peak Period •, I-. •. Is rii 1 . Id Id 13:a 13 26 12 21 12 13 12 11 11 5? 11 1 ri4 12 12 10139 9 70 31 S E6 3 52 I) 8 18 8 939 JO9 20,3, 9088 2 i).038 39 8 99, 13 7 1' 8 41 9 158 j)322,.. 9 298 9 14 908 7 318 6 i 85 E"25 d-M 3 86, 7 72 8 ni 3 E "i .-..-: 1 I I i 1 4 1 Moq da 1 lt.?,cav stis•drstdsy t allSdar .1-da', ,,tl.,tly ',arcs/ Vloncay Tuesday Arednesca2 Thtrtcas End,/ Saturday Surdas Eastbound Travel Times-MID Peak Period Westbourd Travel Times-MID Peak Period 21 2? .., .i. 12 SIG 1.t ta, 4 :2 3E, :2 72 :3 16 13 Ill 13 12 13 cs 12:1 14, _c 9,:i .,4cc JO A.'s s8 5774,4 9b14 61 99°498: 8'1+9 7,1'419 ' 1:,-.,1'...,7.'4.1'1C, L...:1)20 94, ''S.' ' e 53 .. 8 B. 5, ` 1 lir itli. a 8 iit7 i2tt; ,2 01'.' . 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O U J j•t -1 n to ,O 0 - 0 7 +n �I —. - i6A17 FM#: 437103-1-88-0I Collier County Page 1 of 1 EXHIBIT "B" METHOD OF COMPENSATION Financial Management Number: 437103-1-88-01 COLLIER TMC OPERATIONS FUND COUNTY WIDE This is a cost reimbursement agreement. This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Collier County referenced by the above Financial Project Number. By and through this Department Funded Agreement with COLLIER COUNTY. the DEPARTMENT agrees to reimburse the COUNTY up to. but not to exceed $79.500 (Seventy- Nine Thousand-Five Hundred Dollars) annually from fiscal years 2022-2026 in the total amount of$397,500 (Three Hundred Ninety-Seven Thousand-Five I kindred Dollars). For the satisfactory performance of services detailed in Exhibit "A" the COUNTY shall he paid the annual amounts shown below: $79.500 from Fiscal Year 2022 $79.500 from Fiscal Year 2023 $79.500 from Fiscal Year 2024 $79.500 from Fiscal Year 2025 $79.500 from Fiscal Year 2026 The COUNTY shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department. PROGRESS PAYMENTS: The COUNTY shall submit annual invoices (3 copies) in a format acceptable to the Department. 30 days prior to the end of each fiscal year. Invoices shall be submitted to: Florida Department of Transportation Mark Mathes 801 North Broadway Avenue Bartow, FL 33830 r" 16A17 FA1r: 437103-I-88-01 Collier County Pace l of l EXHIBIT "C" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 437103-1-88-01 COLLIER TMC OPERATIONS FUND COUNTY WIDE • Contract to he a‘Aarded by: June 30. 202I • Contract to he completed by: June 30. 2026 16 * 17 FM#: 437103-1-88-01 Collier County Pan 1 of 2 ATTACHMENT "F" Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Financial Management Number: 437103-1-88-01 COLLIER TMC OPERATIONS FUND COUNTY WIDE Invoices for cost reimbursement contracts must he supported by an itemized listing of expenditures by category (salary. travel. expenses. etc.). Supporting documentation shall he submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid.Check numbers may he provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must he allowable(pursuant to law)and directly related to the services being provided. listed below are types and examples of supporting documentation for cost reimbursement agreements: ( i) Salaries:A payroll register or similar documentation should he submitted.The payroll register should show gross salary charges. fringe benefits. other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour. a document reflecting the hours worked times the rate of pay will he acceptable. (2) Fringe Benefits: Fringe Benefits should he supported by invoices showing the amount paid on behalf of the employee(e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits. then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061. Florida Statutes. which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will he made based on paid invoices/receipts. 1f nonexpendable property is purchased using State funds. the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017. Florida Administrative Code. regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defines in Section 273.02 Florida Statues for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature(e.g..postage.copies.etc.)may be reimbursed on a usage log which shows the units times the rate being charged. The rates must he reasonable. l6A17 I \I.:: 437103-1-88-01 Collier County Vatic ") of (6) Indirect costs: II'the contract specifies that indirect costs will he paid based on a specified rate. then the calculation should he shown. Contracts between state acencies.and or contracts between universities may submit alternati c documentation to substantiate the reimbursement request that ma he in the form of l 1.:11R reports or other detailed reports. The Florida Department of Financial Services.online Reference Guide Iiir State Expenditures can he found at this web address loth,: \,\\\\\.n2\11urid:rcfu.cuin'diki,i�rnaa nr.inual> document. Reference(iuidettnStatel .vp,irditures.pol 1