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Agenda 06/13/2023 Item #16B8 (To improve accessibility to bus stops within the rural area as it relates to the ADA)16.B.8 06/13/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute a Public Transit Grant Agreement (PTGA) between Collier County and the Florida Department of Transportation (FDOT) FM# 450306-1-94- 02 to accept Federal Transit Administration (FTA) Section 5339 Bus and Bus Facilities funds in the amount of $54,930 for the necessary improvements to bus stops in accordance with the Americans with Disabilities Act (ADA) within the rural areas of the County; execute a resolution memorializing the Board's action; and authorize the necessary budget amendments. OBJECTIVE: To improve accessibility to bus stops within the rural area as it relates to the ADA. CONSIDERATIONS: The Federal Transit Administration (FTA) Section 5339 Bus and Bus Facilities Program is a grant program administered by the Florida Department of Transportation (FDOT), and is authorized by Title 49 U.S. Code. The Program provides capital funding to replace, rehabilitate, and purchase buses, vans, and related equipment, and to construct bus -related facilities in the non -urbanized areas. On December 14, 2021 (Agenda item 16.A.27), the Board authorized staff to submit an application to improve existing bus stops in the rural areas by bringing them into ADA compliance. On August 22, 2022, FDOT notified county staff of its intention to award grant funding. The attached Public Transit Grant Agreement (PTGA) FM#450306-1-94-02 includes the grant award of $54,930 which is 100% of the total project cost. Grant funding will be used to fund design improvements for selected bus stops in the rural area. To the extent that grant funding is available, shelters and amenities (including a bench, trash receptacles, and bike racks) may be included to expend all grant dollars fully. FISCAL IMPACT: Funding is provided by FTA, whereby, these grant dollars are passed through the Florida Department of Transportation via the PTGA. A budget amendment is required in the amount of $54,930 to recognize grant revenue within CAT Grant Fund 4031 Project No. 33854. A local match is not required. The future maintenance of the new bus stops once constructed is included within the contract of the contractor that manages the Collier Area Transit bus system. All bus stops are regularly inspected by the contractor and county staff. The inspections completed by county staff annually capture the condition of the bus stop and updates the Overall Condition Rating within the County's asset management system and uses dedicated grant funding to rehab the bus stops as needed. GROWTH MANAGEMENT IMPACT: This item is consistent with Objective 12 of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve and authorize the Chairman to execute a Public Transit Grant Agreement (PTGA) between Collier County and the Florida Department of Transportation (FDOT) FM#450306-1-94-02 to accept Federal Transit Administration (FTA) Section 5339 Bus and Bus Facilities funds in the amount of $54,930 for the necessary improvements to bus stops in accordance with the Americans with Disabilities Act (ADA) within the rural areas of the County; execute a resolution memorializing the Board's action; and authorize the necessary budget amendments. Prepared by: Omar De Leon, Transit Manager Packet Pg. 666 16.B.8 06/13/2023 ATTACHMENT(S) 1. Public Transportation Grant Agreement (PDF) 2. Resolution - 051623 (PDF) 3. 5339 Rural FY22 Application map and location (PDF) Packet Pg. 667 16.B.8 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.8 Doe ID: 25453 Item Summary: Recommendation to approve and authorize the Chairman to execute a Public Transit Grant Agreement (PTGA) between Collier County and the Florida Department of Transportation (FDOT) FM# 450306-1- 94-02 to accept Federal Transit Administration (FTA) Section 5339 Bus and Bus Facilities funds in the amount of $54,930 for the necessary improvements to bus stops in accordance with the Americans with Disabilities Act (ADA) within the rural areas of the County; execute a resolution memorializing the Board's action; and authorize the necessary Budget Amendments. Meeting Date: 06/13/2023 Prepared by: Title: Planner, Senior — Public Transit & Neighborhood Enhancement Name: Omar Deleon 05/04/2023 5:58 PM Submitted by: Title: — Public Transit & Neighborhood Enhancement Name: Darren Hutton 05/04/2023 5:58 PM Approved By: Review: Growth Management and Community Development Department Jeanne Marcella Department Public Transit & Neighborhood Enhancement Caroline Soto Transportation Management Operations Support Nicole Diaz Public Transit & Neighborhood Enhancement Yousi Cardeso Public Transit & Neighborhood Enhancement Darren Hutton Transportation Management Operations Support Brandy Otero County Attorney's Office Derek D. Perry Level 2 Attorney Review Transportation Management Services Department Trinity Scott Grants Office of Management and Budget County Attorney's Office Grants Office of Management and Budget Erica Robinson Level 2 Grants Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Therese Stanley Additional Reviewer Christopher Johnson Additional Reviewer Transportation Management Services Completed 05/05/2023 7:41 AM Additional Reviewer Completed 05/05/2023 8:55 AM Additional Reviewer Completed 05/05/2023 4:24 PM Additional Reviewer Completed 05/05/2023 4:51 PM Interim Director Review Completed 05/09/2023 12:24 PM Additional Reviewer Completed 05/10/2023 3:31 PM Completed 05/16/2023 8:56 AM Transportation Completed 05/26/2023 9:20 AM Completed 05/26/2023 11:01 AM Completed 05/26/2023 11:12 AM Completed 05/26/2023 4:23 PM Completed 06/02/2023 10:27 AM Completed 06/05/2023 10:56 AM Packet Pg. 668 16.B.8 06/13/2023 County Manager's Office Board of County Commissioners Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/05/2023 1:47 PM 06/13/2023 9:00 AM Packet Pg. 669 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.13.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ07/22 Financial Project Number(s): Fund(s): DU FLAIR Category: 088774 (item -segment -phase -sequence) g ry 450306-1-94-02 Work Activity Code/Function: 215 Object Code: 780000 Federal Number/Federal Award Org. Code: 55301000943 Identification Number ( FAIN) 2021-6 —Transit only:1001- Vendor Number: F596000558030 Contract Number: Federal Award Date: CFDA Number: 20.526 Agency SAM/UEI Number: 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 by and between the State of Florida, Department of Transportation, a ("Department"), and Collier County Board of County Commissioners, ("Agency"). The Department and the M Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." Q NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the U- Project, the Parties agree to the following: LO 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached Ln 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, m Florida Statutes, to enter into this Agreement. E 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" Prooram 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 *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) _ *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 [23-TRO-00372/1788619/1] Page 1 of 24 y Packet Pg. 6 0:1 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 _ *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance — *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor — *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, 2024. 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 3 Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. Q, a. If this box is checked the following provision applies: — M M `O Q Unless terminated earlier, work on the Project shall commence no later than the _ day of _, H L` or within _ 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. m 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 Q prior written consent of the Department. L 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 2 applicable law or the terms of this Agreement until such time as the event or condition resulting in such M suspension has ceased or been corrected. °a a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate N 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 •2 of termination or specify the stage of work at which the Agreement is to be terminated. 3 IL 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, E 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. [23-TRO-00372/1788619/1] Page 2 of 24 Packet Pg. 671 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.13.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 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. 9. Project Cost: a. The estimated total cost of the Project is $54,930. 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 54 930 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. L rn M M In Q LL M In 1* N 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 r [23-TRO-00372/1788619/1] Page 3 of 24 Packet Pg. 672 aae 6 o DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 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. 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, 3 failure to meet the minimum performance levels, deliverable deficiencies, or contract non- a 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 ,M 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 LL 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 E 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. a� 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. [23-TRO-00372/1788619/1J Page 4 of 24 Packet Pg. 673 aae 4 o DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGco7/22 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. 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 m. Department's Performance and Payment Contingent Upon Annual Appropriation by the M Legislature. The Department's performance and obligation to pay under this Agreement is LL 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 c approval being received. The Department will notify the Agency, in writing, when funds are E 0) available. 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 [23-TRO-00372/1788619/1] Page 5 of 24 Packet Pg. E4J DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07/22 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 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. L b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide M 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 Q 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 - M N 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: c 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 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. X If this box is checked, then the Agency is permitted to utilize Indirect Costs Reimbursement for Indirect Program Expenses (select one): I. X 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. Ill. _ 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 [23-TRO-00372/1788619/1] Page 6 of 24 Packet Pg. 675 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEELO ME TEGIT GRANT AGREEMENT Occo7/22 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 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 [23-TRO-00372/1788619/1] Page 7 of 24 P Packet Pg. 676 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occon22 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: 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 L interests in real property, facilities, or equipment funded in any part by the Department under 3 this Agreement without prior written approval by the Department. a, b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real M M property, facilities, or equipment is approved by the Department, the following provisions will LL apply: I. The Agency shall reimburse the Department a proportional amount of the proceedsLO M D7 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) L days of closing of sale. Q 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. 2 r r iv. If any portion of the proceeds from the sale to the Agency are non -cash o considerations, reimbursement to the Department shall include a proportional y 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 [23-TRO-00372/1788619/1] Page 8 of 24 Packet Pg. 677 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 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 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: 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 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 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. CAO [23-TRO-00372/1788619/1] Page 9 of 24 Packet Pg. 678 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07122 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 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 L the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all M or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; a 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. c 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 FDOTSingleAudit(aDdot.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: [23-TRO-00372/1788619/1] Page 10 of 24 Packet Pg. 679 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 07122 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 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 FDOTSingleAuditgdot.state.fl.us :f. State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen Iocalgovt(cDaud.state .fl.us L rn M M Lf� Q U_ M N 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 C [23-TRO-00372/1788619/1] Page 11 of 24 Packet Pg. 680 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT applicable. Form 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 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. 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. [23-TRO-00372/1788619/1] Page 12 of 24 Packet Pg. 681 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07/22 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. 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. 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: L CD M M Lfl Q LL c� LO I* In N [23-TRO-00372/1788619/1] Page 13 of 24 Packet Pg. 682 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occo7/22 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, 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 cons ultants/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 [23-TRO-00372/1788619/1] Page 14 of 24 Packet Pg. 683 aae 124 of 2 DocuSign Envelope ID: 11BA9174-010A-464A-BEF5-5969726BD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07/22 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. 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 L 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 M than $2,000,000 combined single limit for bodily injury and/or property damage per 141) 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 U_ 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 u, 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 a 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. c LJ [23-TRO-00372/1788619/1] Page 15 of 24 Packet Pg. 684 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07/22 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 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 L 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. M M h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution a of the Agreement, the Department may unilaterally add the FAIN to the Agreement without LL 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 v Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). N 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 E 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. AGENCY Collier County Board of County Commissioners BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: John M. Kubler, P.E. Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: Eol� Don Conway Derek D. Perry �4 Assista 3C-MoArr�' 372�/ � 19/1 Page 16 of t �'24 ] Packet Pg. 685 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc0v23 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 L 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 M Agency's efforts to improve existing bus stops and/or add new 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 Q (ADA) of 1990. D. Deliverable(s): The Agency shall provide a completed Project Monitoring Status Report (FDOT Form 725-030-32) le with each invoice submittal. In 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 E 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. a 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. [23-TRO-00372/1788619/1] Page 17 of 24 Packet Pg. 686 Paae 17 of 2 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC01/23 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 T Type Category Fiscal Code CFDA Funding Source Amount Number Year Number Description 450306-1-94-02 DU 088774 2023 780000 20.526 Buses and Bus Facilities $54,930.( Formula Total Financial Assistance $54,930.( B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State Local Feder-, Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.0 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 O.0 Environmental/Design/Construction $0.00 $0.00 $54,930.00 $54,930.00 0.00 0.00 100.0 Capital Equipment/ Preventative Maintenance $0.00 $0.00 $0.00 $0.00 0.00 0.00 O.0 Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 O.0 Mobility Management Transit Only) $0.00 $0.00 $0.00 $0.00 0.00 0.00 O.0 Totals $0.00 $0.00 ` $54,930.00 $54,930.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity I11.31.10 Line Item (ALI) (Transit Only) 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 DocuSigned by: 03/13/2023 1 5:35 AM EDT I-Vab- hJA S6V, Signature EBBC4131523C4C4... Date GNC [23-TRO-00372/1788619/1] Page 18 of 24 Packet Pg. 687 aue DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OG001/23 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED c,,,r) [23-TRO-00372/1788619/1] Page 19 of 24 Packet Pg. 688 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC GRANT AGREEMENT EXHIBITS OGC01/23 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/Infrastructure Investment and Jobs Act (IIJA) Section 20029, 49 U.S.C. 5339, and Section 341.051(1)(a), 2 F.S. 2. Prevention Programs. The Section 5339 subrecipient shall establish and implement anti -drug and alcohol rn misuse prevention programs in accordance with the terms of 49 CFR 655. Q LL 3. Adherence to Certifications and Assurances. The Section 5339 subrecipient shall ensure adherence with ch all federally required certifications and assurances made in its application to the Department for Section 5339 funds. N 4. Formula Information. This program is authorized under 49 U.S.C. 5339/Infrastructure Investment and Jobs Act (IIJA) 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 Il, 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/Infrastructure Investment and Jobs Act (IIJA) 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. 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. [23-TRO-00372/1788619/1] Page 20 of 24 T Packet Pg. 689 aoe 20 o DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 16. B.8.a Form 725-000-02 PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS DEVELOPMENTSTRATEGIC OGC 02/20 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. 53230) and 49 CFR 661 if using the funds granted under this agreement for rolling stock purchases. R The recipient also agrees to comply with the pre -award and post -delivery requirements outlined in 49 CFR ' 661.12. M M LO 11. Water Pollution Control. The Section 5339 subrecipient agrees to comply with all applicable standards, Q 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. v 12. Anti -Lobbying. The Section 5339 subrecipient agrees to comply with the requirements pursuant to Byrd N AntiLobbying Amendment, 31 U.S.C. 1352(b)(5). y 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. [23-TRO-00372/1788619/1] Page 21 of 24 t"? 8 Packet Pg. 990 Paae 21 of 2 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC GRANT AGREEMENT EXHIBITS OGCO2/20 21. 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. 22. 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 rn clearly identified and distinct from other FTA funds. M M 23. First -Come, First -Served. Section 5339 funded programs must provide service on a first -come, first -served LL basis to the general public. Prioritizing trips is not allowed. M 24. Special Requirements. Capital items purchased with these grant funds will require approval by the Department prior to completing your purchases. 25. 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. 26. 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 -- [23-TRO-00372/1788619/1] Page 22 of 24 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC01/23 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 W agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. a, M M Lf) Listed below are types and examples of supporting documentation for cost reimbursement agreements: Q U_ (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 141) being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. y' (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.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures pdf X [23-TRO-00372/1788619/1] Page 23 of 24 Packet Pg. 692 DocuSign Envelope ID: 118A9174-010A-464A-BEF5-596972BBD97C 16.B.8.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC GRANT AGREEMENT EXHIBITS DEVELOPMENT OGC01123 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: $54,930 Awarding Agency: Florida Department of Transportation rn Indirect Cost Rate: No M LO **Award is for R&D: No Q H *The federal award amount may change with amendments c� **Research and Development as defined at 2 CFR §200.87 N r� FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: E m L 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards Q www.eefr.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 Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law") https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr pdf Federal Highway Administration — Florida Division www.fhwa.dot.gov/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.00v [23-TRO-00372/1788619/1] Page 24 of 24 ado Packet Pg. 693 Paoe 24 of 2 16.B.8.c RESOLUTION NO.2023 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A SECTION 5339 GRANT AWARD AGREEMENT 450306-1-94-021, TO SUBMIT AND REVISE ANY AND ALL SUPPORTING DOCUMENTS AND ASSURANCES RELATED TO SUCH AWARD, AND AUTHORIZING THE DESIGN AND CONSTRUCTION OF BUS STOP IMPROVEMENTS IN THE RURAL 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 450306-1-94-02; (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 design and construction of bus stop improvements 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 13th day of June 2023. ATTEST: CRYSTAL K. KINZEL, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA In Approved as to form and legality: Derek D. Perry Assistant County Attorney\) [23-TRO-00372/1787356/1] Page 1 of 1 Rick LoCastro, Chairman Packet Pg. 694 _ OR m � L Q � 9 � � � C\l � � H � � r,r U) (Y) ce) If) 5; CL ) w / / (jejnN6 E V1]:£ Z uoiel,gpuedew ugmmMd¥Z A]IejnN USS :Iu8wL43ePV 2 < G u Ln k ccLn GLn/ Ln LLI z q 2 < Ln < 2 = Q Cf \ / / $ < wLnG w < G O a � % < f c § \ b \ \ \ y w w a m g Lr) 2 # 2 m $ 2 m r14 m « a 4) k a } \ CP ) \ \ \ ] \ / 2 f / k 2 \ \ \ / ) E } ] S / } }