Resolution 2022-098 RESOLUTION NO. 2022- 98
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, ACCEPTING A SECTION 5339
GRANT AWARD FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION, AUTHORIZING ITS CHAIRMAN TO EXECUTE
PUBLIC TRANSPORTATION GRANT AGREEMENT 450306-1-94-01
CONTRACT NUMBER G2692 AND SUBMIT AND REVISE ANY AND
ALL SUPPORTING DOCUMENTS AND ASSURANCES RELATED TO
SUCH AWARD, AND AUTHORIZING THE IMPROVEMENT OF BUS
STOPS FOR ADA COMPLIANCE IN THE RURAL SERVICE AREA.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
has the authority to apply for and accept grants and make purchases and expend funds pursuant
to grant awards made by the Florida Department of Transportation as authorized by Chapter 341,
Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners,
Collier County, Florida, that:
1. The Board authorizes its Chairman to execute, submit, and revise any and all documents required
in connection with the Federal Transit Administration Section 5339 Grant Award including,but not
limited to: (a) executing Public Transportation Grant Agreement 450306-1-94-01; (b) accepting
and executing any required certifications and assurances and all supporting documents related to
the Section 5339 grant awarded to the County, (c) approving all necessary budget amendments to
receive and use grant dollars received above or below the target award referenced in the Section
5339 grant application, and (d) the improvement of bus stops for Americans with Disabilities Act
of 1990 (ADA) compliance in the Rural Service Area and otherwise authorizing the expenditure of
grant funds pursuant to the grant awarded,unless specifically rescinded.
2. The Board's Registered Agent in Florida is Jeffrey A. Klatzkow, County Attorney.
The registered Agent's address is 3299 Tamiami Trail East, Suite 800,Naples, FL 34112.
3. This Resolution shall be effective immediately upon signature by the Chairman.
UTH This Resolution adopted after motion, second and majority vote favoring same, this
// day of MV NC 2022.
ATEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL.K. KINZEL, Clerk COLLIER CO 'f ! ' DA
By: C, 04.s$as.to'S-a;?' by Clerk By: ..••�`" -
Mai
$1gllatllf , Wil ;%m L. McDaniel, Jr., Chairman
A ved as t f rm an gality:
Derek D. Perry
Assistant County Attorney A�1�v
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[22-ATM-00559/1717066/1] Page 1 of 1
CAO
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 01122
Financial Project Number(s): Fund(s): DU FLAIR Category: 088774
(item-segment-phase-sequence) g ry
450306-1-94-01 Work Activity Code/Function: 215 Object Code: 780000
Federal Number/Federal Award Org. Code: 55301000943
Identification Number(FAIN)—Transit only: 1001- Vendor Number: F596000558030
2021-6
Contract Number: G2692 Federal Award Date:
CFDA Number: 20.526 Agency DUNS/UEI Number: 076997790 /JWKJKYRPLLU6
CFDA Title: Buses and Bus Facilities Formula
CSFA Number: N/A
CSFA Title: N/A
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
June 21, 2022 , by and between the State of Florida, Department of Transportation,
("Department"), and Collier County Board of County Commissioners, ("Agency"). The Department and the
Agency are sometimes referred to in this Agreement as a"Party"and collectively as the"Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in using Federal Transit Administration (FTA) Section 5339, "Buses and Bus Facilities Formula" Program
funds for bus stop improvements, as further described in Exhibit"A", Project Description and
Responsibilities, attached and incorporated into this Agreement("Project"), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only,this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
_ Aviation
_ Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
*Exhibit B1: Deferred Reimbursement Financial Provisions
_ *Exhibit B2: Advance Payment Financial Provisions
X *Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
*Exhibit G:Audit Requirements for Awards of State Financial Assistance
Page 1 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC01/22
X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through December 31, 2023. If the Agency does not complete the Project within this
time period, this Agreement will expire unless an extension of the time period is requested by the Agency
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The cost of any work performed prior to the
Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.
a. X If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the 1 day of
September, 2022 or within 120 days of the issuance of the Notice to Proceed for the
construction phase of the Project (if the Project involves construction), whichever date is
earlier. The Department shall have the option to immediately terminate this Agreement should
the Agency fail to meet the above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement, the Department shall notify the Agency of such termination in writing at least
thirty(30)days prior to the termination of the Agreement,with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 01/22
9. Project Cost:
a. The estimated total cost of the Project is $222,355. This amount is based upon Exhibit "B",
Schedule of Financial Assistance.The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit"B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
$222,355 and, the Department's participation in the Project shall not exceed 100.00% of the
total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of
Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of
the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit"B", Schedule of Financial Assistance.
b. Deliverables. The Agency 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 and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit"A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit"F", Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC01122
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall,within thirty(30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will 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 Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850)413-5516.
h. Records Retention. The Agency 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 Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency'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.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
NT
GRANT AGREEMENT DEVELOPM OGC0E22
k. Offsets for Claims. If, after Project completion,any claim is made by the Department resulting
from an audit or for work or services performed pursuant to this Agreement, the Department
may offset such amount from payments due for work or services done under any agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120-day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, 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 be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such contract
or other binding commitment of funds. Nothing herein contained shall prevent
the making of contracts for periods exceeding 1 year, but any contract so
made shall be executory only for the value of the services to be rendered or
agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an
amount in excess of$25,000 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department.Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted,that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit"A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC01122
in writing by the Department. Specific unallowable costs may be listed in Exhibit"A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification.If the Project involves construction,then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right-of-
Way. In the event the cost of the Project is greater than$250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
i. Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. _If this box is checked,then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces,the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. _Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws,Rules,and Regulations,Guidelines,and Standards.The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-C
PUBLIC TRANSPORTATION STRATEGIC
GRANT AGREEMENT DEVELOPMENTOGC0122
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts.The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
13. Maintenance Obligations.In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
LOPMNT
GRANT AGREEMENT DEv OGC0922
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety(90)
days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions"a"and "b" above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20)years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general,the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
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 Federal awards provided
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
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DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
NT
GRANT AGREEMENT DEV LOPM OGC0E22
inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer(CFO), or State of Florida Auditor General.
b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F —Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F —Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F—Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSinaleAuditCa.dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit
Requirements,the cost of the audit must be paid from non-Federal resources(i.e., the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F—Audit Requirements, within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements. However,the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAudit a(�.dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
Page 9 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
GRANT AGREEMENT DEVELOPMENTOGC0122
audit conducted in accordance with 2 CFR Part 200, Subpart F—Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award,the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements,the independent auditor's working 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.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAud it(a�dot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by 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 Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services (DFS),
or State of Florida Auditor General.
b. The Agency, a"nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
i. In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency 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"G",Audit Requirements for
Awards of State Financial Assistance, to this Agreement indicates state financial
Page 10 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
GRANT AGREEMENT DEVELOPMENTOGC0122
assistance awarded through the Department by this Agreement needed by the
Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department 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 Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit(a.dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
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 provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
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:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
FDOTSingleAudit aadot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudaen localgovt(a)aud.state.fl.us
v. Any copies of financial reporting packages, reports, or other information required to
be 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 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
vi. The Agency, when submitting financial reporting packages to the Department for
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
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
Page 11 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC01/22
vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working 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 Agency 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 Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature,judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
Page 12 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 01/22
e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E-Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any 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.
h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is
required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which
the Department must form a sole-source, public-private agreement; or through contract or
other agreement with the State, annually receives 50% or more of its budget from the State or
from a combination of State and Federal funds, Recipient shall submit an Annual Report to
the Department, including the most recent IRS Form 990, detailing the total compensation for
each member of the Agency executive leadership team. Total compensation shall include
salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits,
deferred compensation, real-property gifts, and any other payout. The Agency shall inform the
Department of any changes in total executive compensation during the period between the
filing of Annual Reports within 60 days of any change taking effect. All compensation reports
shall detail the percentage of executive leadership compensation received directly from all
State and/or Federal allocations to the Agency.Annual Reports shall be in the form approved
by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us
within 180 days following the end of each tax year of the Agency receiving Department funding.
i. Design Services and Construction Engineering and Inspection Services. If the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
in Section 332.004, Florida Statutes, the entity performing design and construction
engineering and inspection services may not be the same entity.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part 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 Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify,
defend, and hold harmless the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including,
Page 13 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 01/22
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Agency and persons employed or
utilized by the Agency in the performance of this Agreement. This indemnification shall survive
the termination of this Agreement. Additionally, the Agency 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 Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
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."
b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self-perform the Project,then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an"occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein.The Department's approval or failure to disapprove any policy/ies,
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
Page 14 of 29
•
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC 01/22
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than$6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department,while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so that
Page 15 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
uocualgn cnvelope iu.98tehf85-61JtA-4387-8ECA-D5E2E4B5204C
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC01/22
appropriate changes and modifications may be made by the Department and the Agency to
the end that the Agency may proceed as soon as possible with the Project.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System (FACTS).
i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law, Forum,and Venue.This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: 17Doeu9br.UY
/24�.
Name: John M. Kubler, P.E.
Title: Director of Transportation Development
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Legal Review:
Doealpme M:
Don Conway caw. L v-oorr•rr..
•
AGENCY:
ATTESt BOARD OF COU •MMISSIONERS
CRYS].L K.`KINZEL, CLERK COLLIER COU �/, FLOR
op„,
By: •
' a•uty Clerk Willi L. McDaniel, Jr., Chairman
Tes�t�asto Cyha
Ap �t IMPItt5rm and legality:
e D. Perry ` ti O
Assistant County Attorney t\\11
Page 16 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66 - _
FDC3i ,
....--- ----- .-.
Florida Department of Transportation
RON DESANT1S 801 North Broadway JARED W.PERDUE,P.E.
GOVERNOR SECRETARY
Bartow,Florida 33830
MEMORANDUM
Date: April 20, 2022
To: Greg Bowne, District Right of Way Manager
Kevin Ingle, P.E., District One Design Engineer
Melissa Slater, P.E., District Program Management Administrator
Nicole Mills, P.E., ISD Administrator
Abra Horne, District Environmental Administrator
From: John M. Kubler, P.E., Director of Transportation Developm 1 / M ) 1 Pkil
Copies: Legal Office, Human Resources, Financial Services O i
Subject: Delegation of Authority for John Kubler
You are delegated signature and approval authority anytime during my absence from
the office. Signature should be made "in your name for the "Director of Transportation
Development". This delegation rescinds any prior delegations. This delegation will
remain in effect April 20, 2022 — June 30, 2022.
Please ensure all documents requiring signature/or approval under this delegation are
forwarded to my office for proper coordination prior to signing and also provide a
reading file copy of any documents you sign.
JMK:jm
Improve Safety, Enhance Mobility, Inspire Innovation
www.fdot.gov
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): This project will use Federal Transit Administration (FTA) Section 5339,
"Buses and Bus Facilities Formula" Program funds for the Department's participation in the Agency's establishment of
new bus stops and/or the improvement of existing bus stops.
B. Project Location (limits, city, county, map): Rural service area of Collier County, Florida
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): The purpose of this project is for the Department's participation in the
Agency's efforts to improve bus stops in the rural service area. Establishment of new bus stops or improvements to
existing bus stops shall be in accordance with the Americans with Disabilities Act (ADA) of 1990.
D. Deliverable(s): The Agency shall provide a completed Project Monitoring Status Report(FDOT Form 725-030-32)
with each invoice submittal.
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): Expenses created from third party contracts which were not
approved by the Florida Department of Transportation in accordance with Article 12 of this document.
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The
original grant agreement will include funding for year one. Funding for years two and three will be added by
amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year
have been met.
Page 17 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGCO2/20
EXHIBIT B
Schedule of Financial Assistance
FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding
Management Category Fiscal Code CFDA Funding Source
Number Type Year Number Description Amount
450306-1-94-01 DU 088774 2022 780000 20.526 Buses and Bus Facilities $222,355.00
Formula
Total Financial Assistance $222,355.00
B. Estimate of Project Costs by Grant Phase:
Phases* State Local Federal Totals State Local Federal
Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Environmental/Design/Construction $0.00 $0.00 $178,027.00 $178,027.00 0.00 0.00 100.00
Capital Equipment/Preventative $0.00 $0.00 $44,328.00 $44,328.00 0.00 0.00 100.00
Maintenance
Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00
(Transit Only)
Totals $0.00 $0.00 $222,355.00 $222,355.00
*Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant
Agreement.
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be
allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Dale Hanson
Department Grant Manager Name
[-Nit A-'aan,seti,b.. 3/23/2022 I 2:38 PM EDT
Signature Date
Page 18 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
EXHIBIT C
TERMS AND CONDITIONS OF CONSTRUCTION
1. Design and Construction Standards and Required Approvals.
a. The Agency understands that it is responsible for the preparation and certification of all design
plans for the Project. The Agency shall hire a qualified consultant for the design phase of the
Project or, if applicable, the Agency shall require their design-build contractor or construction
management contractor to hire a qualified consultant for the design phase of the Project.
b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the
Agency for the design phase or other non-construction phases of the Project. If the Project
involves a construction phase,the Agency shall not begin the construction phase of the Project
until the Department issues a Notice to Proceed for the construction phase. Prior to
commencing the construction work described in this Agreement, the Agency shall request a
Notice to Proceed from the Department's Project Manager, Dale Hanson (email:
dale.hansondot.state.fl.us) or from an appointed designee. Any construction phase work
performed prior to the execution of this required Notice to Proceed is not subject to
reimbursement.
c. The Agency will provide one(1) copy of the final design plans and specifications and final bid
documents to the Department's Project Manager prior to bidding or commencing construction
of the Project.
d. The Agency shall require the Agency's contractor to post a payment and performance bond
in accordance with applicable law(s).
e. The Agency shall be responsible to ensure that the construction work under this Agreement
is performed in accordance with the approved construction documents, and that the
construction work will meet all applicable Agency and Department standards.
f. Upon completion of the work authorized by this Agreement, the Agency shall notify the
Department in writing of the completion of construction of the Project; and for all design work
that originally required certification by a Professional Engineer, this notification shall contain
an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the
form of which is attached to this Exhibit. The certification shall state that work has been
completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans or specifications, the certification shall include
a list of all deviations along with an explanation that justifies the reason to accept each
deviation.
2. Construction on the Department's Right of Way. If the Project involves construction on the
Department's right-of-way, then the following provisions apply to any and all portions of the Project
that are constructed on the Department's right-of-way:
a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to
perform the construction work for the Project. The Agency must certify that the installation of
the Project is completed by a Contractor prequalified by the Department as required by Section
2 of the Standard Specifications for Road and Bridge Construction(2016),as amended, unless
otherwise approved by the Department in writing or the Contractor exhibits past project
experience in the last five years that are comparable in scale, composition, and overall quality
to the site characterized within the scope of services of this Project.
Page 19 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
b. Construction Engineering Inspection (CEI)services will be provided by the Agency by hiring a
Department prequalified consultant firm including one individual that has completed the
Advanced Maintenance of Traffic Level Training, unless otherwise approved by the
Department in writing. The CEI staff shall be present on the Project at all times that the
contractor is working. Administration of the CEI staff shall be under the responsible charge of
a State of Florida Licensed Professional Engineer who shall provide the certification that all
design and construction for the Project meets the minimum construction standards established
by Department. The Department shall approve all CEI personnel. The CEI firm shall not be
the same firm as that of the Engineer of Record for the Project. The Department shall have
the right, but not the obligation, to perform independent assurance testing during the course
of construction of the Project. Notwithstanding the foregoing, the Department may issue a
written waiver of the CEI requirement for portions of Projects involving the construction of bus
shelters, stops, or pads.
c. The Project shall be designed and constructed in accordance with the latest edition of the
Department's Standard Specifications for Road and Bridge Construction, the Department
Design Standards, and the Manual of Uniform Traffic Control Devices(MUTCD).The following
guidelines shall apply as deemed appropriate by the Department: the Department Structures
Design Manual,AASHTO Guide Specifications for the Design of Pedestrian Bridges,AASHTO
LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida
Green Book"), and the Department Traffic Engineering Manual. The Agency will be required
to submit any construction plans required by the Department for review and approval prior to
any work being commenced. Should any changes to the plans be required during construction
of the Project, the Agency shall be required to notify the Department of the changes and
receive approval from the Department prior to the changes being constructed. The Agency
shall maintain the area of the Project at all times and coordinate any work needs of the
Department during construction of the Project.
d. The Agency shall notify the Department a minimum of 48 hours before beginning construction
within Department right-of-way. The Agency shall notify the Department should construction
be suspended for more than 5 working days. The Department contact person for construction
is Beth Mackiewicz elizabeth.mackiewicz(c�dot.state.fl.us (863) 519-2393.
e. The Agency shall be responsible for monitoring construction operations and the maintenance
of traffic (MOT) throughout the course of the Project in accordance with the latest edition of
the Department Standard Specifications, section 102. The Agency is responsible for the
development of a MOT plan and making any changes to that plan as necessary. The MOT
plan shall be in accordance with the latest version of the Department Design Standards, Index
600 series.Any MOT plan developed by the Agency that deviates from the Department Design
Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
f. The Agency shall be responsible for locating all existing utilities, both aerial and underground,
and for ensuring that all utility locations be accurately documented on the construction plans.
All utility conflicts shall be fully resolved directly with the applicable utility.
g. The Agency will be responsible for obtaining all permits that may be required by other agencies
or local governmental entities.
h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all
improvements located on the Department's right-of-way resulting from this Agreement shall
become the property of the Department. Neither the granting of the permission to use the
Department right of way nor the placing of facilities upon the Department property shall
operate to create or vest any property right to or in the Agency, except as may otherwise be
provided in separate agreements. The Agency shall not acquire any right, title, interest or
Page 20 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution,
operation, effect, or performance of this Agreement including, but not limited to, the Agency's
use, occupancy or possession of Department right of way. The Parties agree that this
Agreement does not, and shall not be construed to, grant credit for any future transportation
concurrency requirements pursuant to Chapter 163, F.S.
i. The Agency shall not cause any liens or encumbrances to attach to any portion of the
Department's property, including but not limited to, the Department's right-of-way.
j. The Agency shall perform all required testing associated with the design and construction of
the Project. Testing results shall be made available to the Department upon request. The
Department shall have the right to perform its own independent testing during the course of
the Project.
k. The Agency shall exercise the rights granted herein and shall otherwise perform this
Agreement in a good and workmanlike manner,with reasonable care, in accordance with the
terms and provisions of this Agreement and all applicable federal, state, local, administrative,
regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures,
guidelines, standards and permits, as the same may be constituted and amended from time
to time, including, but not limited to, those of the Department, applicable Water Management
District, Florida Department of Environmental Protection, the United States Environmental
Protection Agency, the United States Army Corps of Engineers, the United States Coast
Guard and local governmental entities.
I. If the Department determines a condition exists which threatens the public's safety, the
Department may, at its discretion, cause construction operations to cease and immediately
have any potential hazards removed from its right-of-way at the sole cost, expense, and effort
of the Agency. The Agency shall bear all construction delay costs incurred by the Department.
m. The Agency shall be responsible to maintain and restore all features that might require
relocation within the Department right-of-way.
n. The Agency will be solely responsible for clean up or restoration required to correct any
environmental or health hazards that may result from construction operations.
o. The acceptance procedure will include a final "walk-through" by Agency and Department
personnel. Upon completion of construction, the Agency will be required to submit to the
Department final as-built plans and an engineering certification that construction was
completed in accordance to the plans. Submittal of the final as-built plans shall include one
complete set of the signed and sealed plans on 11"X 17" plan sheets and an electronic copy
prepared in Portable Document Format(PDF). Prior to the termination of this Agreement, the
Agency shall remove its presence, including, but not limited to, all of the Agency's property,
machinery, and equipment from Department right-of-way and shall restore those portions of
Department right of way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project.
p. If the Department determines that the Project is not completed in accordance with the
provisions of this Agreement, the Department shall deliver written notification of such to the
Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's
written notice, or such other time as the Agency and the Department mutually agree to in
writing, to complete the Project and provide the Department with written notice of the same
(the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or
if it is determined that the Project is not properly completed after receipt of the Notice of
Completion, the Department, within its discretion may: 1) provide the Agency with written
authorization granting such additional time as the Department deems appropriate to correct
the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense,
Page 21 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGCO2/20
without Department liability to the Agency for any resulting loss or damage to property,
including, but not limited to, machinery and equipment. If the Department elects to correct the
deficiency(ies),the Department shall provide the Agency with an invoice for the costs incurred
by the Department and the Agency shall pay the invoice within thirty (30) days of the date of
the invoice.
q. The Agency shall implement best management practices for erosion and pollution control to
prevent violation of state water quality standards. The Agency shall be responsible for the
correction of any erosion, shoaling, or water quality problems that result from the construction
of the Project.
r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may
exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate
and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the
Department must be contacted immediately.
s. During construction, highest priority must be given to pedestrian safety. If permission is
granted to temporarily close a sidewalk, it should be done with the express condition that an
alternate route will be provided, and shall continuously maintain pedestrian features to meet
Americans Disability Act (ADA) standards.
t. Restricted hours of operation will be as follows, unless otherwise approved by the
Department's District Construction Engineer or designee (insert hours and days of the week
for restricted operation):
u. Lane closures on the state road system must be coordinated with the Public Information Office
at least two weeks prior to the closure. The contact information for the Department's Public
Information Office is:
Insert District PIO contact info:
Andy Orrell andy.orrell&..dot.state.fl.us (863) 519-2828
Note: (Highlighted sections indicate need to confirm information with District Office or
appropriate DOT person managing the Agreement)
3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable
Engineer's Certification of Compliance to the Department upon completion of the construction phase
of the Project.
Page 22 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
ENGINEER'S CERTIFICATION OF COMPLIANCE
PUBLIC TRANSPORTATION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and
PROJECT DESCRIPTION:
DEPARTMENT CONTRACT NO.:
FINANCIAL MANAGEMENT NO.:
In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been completed in
compliance with the Project construction plans and specifications. If any deviations have been made from the
approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each
deviation,will be attached to this Certification. Also,with submittal of this certification, the Agency shall furnish
the Department a set of "as-built" plans for construction on the Department's Right of Way certified by the
Engineer of Record/CEI.
By: , P.E.
SEAL: Name:
Date:
Page 23 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
Page 24 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
RESOLUTION NO. 2022- 98
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, ACCEPTING A SECTION 5339
GRANT AWARD FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION, AUTHORIZING ITS CHAIRMAN TO EXECUTE
PUBLIC TRANSPORTATION GRANT AGREEMENT 450306-1-94-01
CONTRACT NUMBER G2692 AND SUBMIT AND REVISE ANY AND
ALL SUPPORTING DOCUMENTS AND ASSURANCES RELATED TO
SUCH AWARD, AND AUTHORIZING THE IMPROVEMENT OF BUS
STOPS FOR ADA COMPLIANCE IN THE RURAL SERVICE AREA.
WHEREAS, the Board of County Commissioners of Collier County, Florida ("Board"),
has the authority to apply for and accept grants and make purchases and expend funds pursuant
to grant awards made by the Florida Department of Transportation as authorized by Chapter 341,
Florida Statutes, and by the Federal Transit Administration Act of 1964, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners,
Collier County, Florida, that:
1. The Board authorizes its Chairman to execute, submit, and revise any and all documents required
in connection with the Federal Transit Administration Section 5339 Grant Award including,but not
limited to: (a) executing Public Transportation Grant Agreement 450306-1-94-01; (b) accepting
and executing any required certifications and assurances and all supporting documents related to
the Section 5339 grant awarded to the County, (c) approving all necessary budget amendments to
receive and use grant dollars received above or below the target award referenced in the Section
5339 grant application, and (d)the improvement of bus stops for Americans with Disabilities Act
of 1990(ADA)compliance in the Rural Service Area and otherwise authorizing the expenditure of
grant funds pursuant to the grant awarded,unless specifically rescinded.
2. The Board's Registered Agent in Florida is Jeffrey A. Klatzkow, County Attorney.
The registered Agent's address is 3299 Tamiami Trail East, Suite 800,Naples, FL 34112.
3. This Resolution shall be effective immediately upon signature by the Chairman.
This Resolution adopted after motion, second and majority vote favoring same, this
/71- day of <StJ NE 2022.
ATEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER CO ' ! ' DA
By: `e � ," 'IA Ii i� - Cam`'' „r_ �
�► 9 as.to • Sy Clerk By: 1 .
SIgt1$�Itt ¢�1Y;'' Wil ;.m L. McDaniel, Jr., Chairman
A v ed as t f rm 79gality:
Derek D. Perry
Assistant County Attorney \'Lv
ti
[22-ATM-00559/1717066/1] Page 1 of 1
CAO
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC
GRANT AGREEMENT EXHIBITS OGCO2/20
EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS—TRANSIT
(Section 5339: Bus & Bus Facilities Formula Program)
The Agency as the"subrecipient" shall comply with the following requirements:
1. Conformance with Enabling Legislation. This Agreement is in conformance with 49 U.S.C. 5339/MAP-21
Section 20029, 49 U.S.C. 5339, and Section 341.051(1)(a), F.S.
2. Prevention Programs. The Section 5339 subrecipient shall establish and implement anti-drug and alcohol
misuse prevention programs in accordance with the terms of 49 CFR 655.
3. Adherence to Certifications and Assurances. The Section 5339 subrecipient shall ensure adherence with
all federally required certifications and assurances made in its application to the Department for Section 5339
funds.
4. Formula Information. This program is authorized under 49 U.S.C. 5339/MAP-21 Section 20029, Federal
Transit Administration Circular Bus and Bus Facilities and FTA Circular 9300.1A"Capital Program: Grant
Application Instructions," November 1, 1998, as amended. Said circular, Chapter II, Section 3, outlines the
formula for federal apportionments under this program. Section 5339 funds are apportioned to the states by a
statutory formula based on the ratio of nonurbanized population of each state to the nonurbanized population
of all the states, according to the latest available U.S. census data.
5. Nonurbanized Population Formula. The Department's Central Transit Office and District offices, further
suballocate the state's federal apportionment of Section 5339 funds to eligible sub-recipients using the same
nonurbanized population formula as the Federal Transit Administration, which is outlined in FDOT Procedure
No. 752-030-004, Section 5311 Program.
6. FTA Compliance. This Agreement is in conformance with 49 U.S.C. Section 5339/MAP-21 20029 Federal
Transit Administration Circular Bus and Bus Facilities as amended and Section 341.051(1) (a), F.S. The
Section 5339 subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Agreement between the
FDOT and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Failure to so comply shall constitute a material breach of this contract.
7. Nondiscrimination. The Section 5339 subrecipient assures the project will be completed in accordance with
all applicable requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR
21, and understands that this assurance extends to its entire facility and to facilities operated in connection
with the project.
8. Charter Operation. The Section 5339 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR 604,
which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service
using federally funded equipment or facilities if there is at least one private charter operator willing and able to
provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under
one of the exceptions must be"incidental," i.e., it must not interfere with or detract from the provision of mass
transportation.
Page 25 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC
GRANT AGREEMENT EXHIBITS OGC 02/20
9. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Section 5339 subrecipient of FTA
assistance may not engage in school bus operations exclusively for the transportation of students and school
personnel in competition with private school bus operators unless qualified under specified exemptions. When
operating exclusive school bus service under an allowable exemption, subrecipients may not use federally
funded equipment, vehicles, or facilities.
10. Buy America. The Section 5339 subrecipient agrees to comply with Buy America requirements outlined in 49
U.S.C. 5323(j) and 49 CFR 661 if using the funds granted under this agreement for rolling stock purchases.
The recipient also agrees to comply with the pre-award and post-delivery requirements outlined in 49 CFR
661.12.
11. Water Pollution Control. The Section 5339 subrecipient agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et
seq., as amended, if the agreement exceeds $100,000.
12. Anti-Lobbying. The Section 5339 subrecipient agrees to comply with the requirements pursuant to Byrd
AntiLobbying Amendment, 31 U.S.C. 1352(b)(5).
13. Bonding Requirements. If this agreement is for a construction project over$100,000 the recipient must
adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual.
14. Clean Air Act.The 5339 subrecipient agrees to comply with applicable standards, orders or regulations issued
pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this agreement exceeds$100,000.
15. Resource Conservation and Recovery Act(RCRA). The 5339 subrecipient agrees to comply with all the
requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as
amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as
they apply to the procurement of the items designated in Subpart B of 40 CFR 247.
16. Davis-Bacon and Copeland Anti-kickback.The 5339 subrecipient agrees to comply with the Davis-Bacon
and Copeland Anti-kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement
exceeding $2,000.
17. Contract Work Hours and Safety Standards. For any contract over$2,000 the 5339 subrecipient agrees to
comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq.
18. Transit Employee Protective Agreements. The 5339 subrecipient agrees to comply with the Transit
Employee Protective Agreements, codified in 49 U.S.C. 5339 and 29 CFR 215.
19. Compliance with FTA Terms and Conditions. The 5339 subrecipient shall not perform any act, fail to
perform any act, or refuse to comply with any FDOT requests which would cause the 5339 subrecipient to be
in violation of the FTA terms and conditions.
20. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida
Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety
certification stating that the Agency has adopted and is complying with its adopted System Safety and Security
Program Plan, and has performed annual safety inspections of all buses operated.
Page 26 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC
GRANT AGREEMENT EXHIBITS OGCO2/20
21. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required
by the Office of Management (OMB) Circular A-133 and/or the Florida Single Audit Act, Section 215.97, F.S.,
to specifically test and certify that services funded by the program were provided in non-urbanized areas, that
there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed
amounts specified in the approved project budget (Exhibit B).
22. Disadvantaged Business Enterprises(DBE). This Agreement requires the recipient of Section 5339 funds
ensure the Disadvantaged Business Enterprises maximum opportunity to compete for and perform contracts.
Information on contracts utilizing 5339 funds must be submitted to the Department District Office every two
years.
23. FTA Drug and Alcohol Regulation.The direct recipient of Section 5339 funds is responsible for ensuring that
any entity providing transportation services on its behalf is in compliance with the FTA Drug and Alcohol
Program, codified at 49 C.F.R. Part 655. If a transit system serves only to pass through non-FTA funding to
another transportation agency, the latter is not covered by the regulations. Those pass through funds must be
clearly identified and distinct from other FTA funds.
24. First-Come, First-Served. Section 5339 funded programs must provide service on a first-come, first-served
basis to the general public. Prioritizing trips is not allowed.
25. Special Requirements. Capital items purchased with these grant funds will require approval by the
Department prior to completing your purchases.
26. Bus shelters and stops. In keeping with the current policy of the Department, placement of bus shelters and
stops are to be coordinated with the Department District Bicycle/Pedestrian Coordinator prior to installation.
27. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory
Management Procedure (725-030-025),which outlines the requirements for continuing management control,
inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock
using the FTA Section 5310, Section 5311, Section 5316 or Section 5317 programs as the funding source, or
where the Department participates in 50% or more of the public transit vehicle's purchase price. This may
include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program,
State Transit Service Development Program, or other applicable Departmental programs.
--End of Exhibit E--
Page 27 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC 02/20
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be 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 be 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 be 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:
(1) Salaries: A payroll register or similar documentation should be 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 be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be 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 be made based on paid invoices/receipts. If 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 defined in
Section 273.02, Florida Statutes, 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 be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address https://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.
Page 28 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGCO2/20
EXHIBIT H
AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.526
CFDA Title: Buses and Bus Facilities Formula
*Award Amount: $222,355
Awarding Agency: Florida Department of Transportation
Indirect Cost Rate: N/A
**Award is for R&D: No
*The federal award amount may change with amendments
**Research and Development as defined at 2 CFR §200.87
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING
AUDIT REQUIREMENTS:
2 CFR Part 200—Uniform Administrative Requirements, Cost Principles &Audit Requirements for Federal Awards
www.ecfr.gov
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23—Highways, United States Code
http://uscode.house.gov/browse.xhtml
Title 49—Transportation, United States Code
http://uscode.house.gov/browse.xhtml
MAP-21 —Moving Ahead for Progress in the 21st Century, P.L. 112-141
www.dot.qov/map21
Federal Highway Administration—Florida Division
www.fhwa.dot.qov/fIdiv
Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)
www.fsrs.qov
Page 29 of 29
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
DocuSign
Certificate Of Completion
Envelope Id:98ECFF856DEA43878ECAD5E2E4B5204C Status:Completed
Subject:Please DocuSign:450306-1-94-01 G2692 Draft PTGA for Legal Review.pdf
Contract Number(ex.C9Al2,optional):G2692
Document Contains Confidential Information?: No
Fin Proj Num(ex.123456-1-32-01,Optional):450306-1-94-01
Office(contact Procurement if add is needed):
Transit
HR Action?:No
Source Envelope:
Document Pages:29 Signatures: 1 Envelope Originator:
Certificate Pages:2 Initials: 1 Dale Hanson
AutoNav:Enabled 605 Suwannee Street
Envelopeld Stamping: Enabled MS 20
Time Zone:(UTC-05:00)Eastern Time(US&Canada) Tallahassee, FL 32399-0450
Dale.Hanson@dot.state.fl.us
IP Address: 156.75.252.6
Record Tracking
Status:Original Holder: Dale Hanson Location: DocuSign
3/23/2022 2:32:31 PM Dale.Hanson@dot.state.fl.us
Signer Events Signature Timestamp
Dale Hanson �11DoaaSI9n.dby: Sent:3/23/2022 2:37:36 PM
dale.hanson@dot.state.fl.us VAt, N-.bt,S6l&, Viewed:3/23/2022 2:37:52 PM
Transit Projects Coordinator EBBc4131523C4C4...
1 Signed:3/23/2022 2:38:10 PM
ATKINS on behalf of the Florida Department of
Transportation Signature Adoption:Pre-selected Style
Security Level:Email,Account Authentication Using IP Address: 156.75.252.E
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Don Conway Sent:3/23/2022 2:38:11 PM
Don.Conway@dot.state.fl.us DS 106Viewed:3/28/2022 8:09:12 AM
Senior Attorney Signed:3/28/2022 8:11:11 AM
Florida Department of Transportation
Security Level: Email,Account Authentication
Signature Adoption: Pre-selected Style
(None) Using IP Address: 156.75.252.6
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
DocuSign Envelope ID:2DC6BC6E-B16B-46C8-87F6-D617AFD8CD66
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/23/2022 2:37:36 PM
Certified Delivered Security Checked 3/28/2022 8:09:12 AM
Signing Complete Security Checked 3/28/2022 8:11:11 AM
Completed Security Checked 3/28/2022 8:11:11 AM
Payment Events Status Timestamps
DocuSign
Certificate Of Completion
Envelope Id:2DC6BC6EB16B46C887F6D617AFD8CD66 Status:Completed
Subject:Please DocuSign:450306-1-94-01 G2692 PTGA for Final Execution.pdf
Contract Number(ex.C9Al2,optional):G2692
Document Contains Confidential Information?:No
Fin Proj Num(ex.123456-1-32-01,Optional):G2692
Office(contact Procurement if add is needed):
Transit
HR Action?:No
Source Envelope:
Document Pages:33 Signatures:2 Envelope Originator
Certificate Pages:2 Initials:0 Dale Hanson
AutoNav:Enabled 605 Suwannee Street
Envelopeld Stamping:Enabled MS 20
Time Zone:(UTC-05:00)Eastern Time(US&Canada) Tallahassee,FL 32399-0450
Dale.Hanson@dot.state.fl.us
IP Address: 156.75.252.6
Record Tracking
Status:Original Holder:Dale Hanson Location:DocuSign
6/20/2022 1:35:38 PM Dale.Hanson@dot.statell.us
Signer Events Signature Timestamp
Don Conway Doeu5I9 Nd Sent:6/20/2022 1:41:51 PM
Don.Conway@dot.state.fl.us Viewed:6/20/2022 2:56:08 PM
Senior Attorney B37D,D54zoA84D9... Signed:6/20/2022 2:57:37 PM
Florida Department of Transportation
Security Level:Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Signed by link sent to Don.Conway@dot.state.fl.us
Using IP Address: 156.75.180.190
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nicole E Mills �°o°uebnid Sent:6/20/2022 2:57:38 PM
nicole.mills@dot.state.fl.us Viewed:6/21/2022 8:10:40 AM
ISD Administrator —E4FD33w841427...
Signed:6/21/2022 8:11:08 AM
Florida Department of Transportation
Security Level: Email,Account Authentication Signature Adoption:Drawn on Device
(None) Signed by link sent to nicole.mills@dot.state.fl.us
Using IP Address: 156.75.180.190
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dale Hanson Completed Sent:6/21/2022 8:11:09 AM
dale.hanson@dot.state.fl.us Viewed:6/21/2022 10:01:16 AM
Transit Projects Coordinator Signed:6/21/2022 10:01:55 AM
ATKINS on behalf of the Florida Department of Signed by link sent to dale.hanson@dot.state.fl.us
Transportation Using IP Address: 156.75.180.190
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/20/2022 1:41:51 PM
Certified Delivered Security Checked 6/21/2022 10:01:16 AM
Signing Complete Security Checked 6/21/2022 10:01:55 AM
Completed Security Checked 6/21/2022 10:01:55 AM
Payment Events Status Timestamps