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Agenda 12/09/2025 Item #16B11 (Resolution - Authorizing the execution of an Amendment to the Public Transit Grant Agreements)12/9/2025 Item # 16.B.11 ID# 2025-4522 Executive Summary Recommendation to adopt a Resolution approving and authorizing the execution of an Amendment to the Public Transit Grant Agreements (PTGA) FPN 439255-1-94-23 (G2W58), FPN 448810-1-94-23 (G2Y33), FPN 451147-(1,2,3)-94-22 (G2Y74), and FPN 448810-1-94-02 (G2Y32) with the Florida Department of Transportation to extend the end date to June 30, 2026. OBJECTIVE: To leverage federal and state grant funds for the purchase of replacement vehicles and additional associated hardware to support fixed-route and paratransit services. CONSIDERATIONS: The Federal Transit Administration (FTA) provides funding through various programs administered by the Florida Department of Transportation (FDOT) to support public transportation. Collier Area Transit (CAT) utilizes these funds to maintain its fleet and enhance services. PTGA G2W58 On December 13, 2022 (Agenda Item 16.A.25), the Board authorized staff to submit grant applications to purchase a replacement fixed route bus for service in the rural areas of Collier County. On April 9, 2024 (Agenda Item 16.B.5), the Board approved PTGA Contract Number G2W58 with FDOT to purchase the replacement bus for $715,027. This total project cost, which is fully grant funded, remained unchanged after the Board approved an amendment on May 27, 2025 (Agenda Item 16.B.6), which expanded the project scope to include additional hardware components. The agreement was executed on April 16, 2024, and the amendment was executed on May 29, 2025. Amendment 1 specifically expanded the project scope to include additional hardware for the buses. The County ordered the vehicle specified in the agreement in May 2024, and it was delivered in April 2025. However, the equipment included in the amendment has not yet been procured. An extension is necessary to procure the equipment for the vehicles, allow Staff to fully expend the grant funding and will provide sufficient time to close out the grant. PTGA G2Y33 On December 13, 2022 (Agenda Item 16.A.25), the Board approved the submittal of a FY23 FTA Section 5310 grant application for the purchase of four replacement paratransit cutaway vehicles, along with a radio and tablet for each vehicle. The Board approved PTGA Contract Number G2Y33 with FDOT on May 14, 2024, (Agenda Item 16.B.4) for the purchase of four paratransit cutaway vehicles, four radios, and four tablets in the amount of $721,687. The agreement was executed on May 29, 2024. The County ordered four vehicles in October 2024 and the estimated delivery is in December 2025. Given this delivery timeline and the need to purchase additional equipment for the vehicles, an extension is necessary. This extension will provide sufficient time for delivery of the vehicles, procurement of equipment for the vehicles, fully expend grant funding and time to close out the grant. Should the funding not be extended, there is a possibility that the additional equipment will not be purchased, which would delay the vehicles going into service. PTGA G2Y74 On January 25, 2022 (Agenda Item 16.A.25), the Board of County Commissioners Board (Board) approved the submittal of a FY22 FTA Section 5310 grant application for the purchase of three additional replacement paratransit cutaway vehicles, along with three radios and three tablets for each vehicle. On June 11, 2024, (Agenda Item 16.B.14), the Board approved a PTGA with FDOT for the purchase of three paratransit cutaway vehicles, three radios, and three tablets in the amount of $567,488. The agreement was executed on June 14, 2024. The County ordered three vehicles in October 2024 and the estimated delivery is in December 2025. Given this delivery Page 3794 of 9661 12/9/2025 Item # 16.B.11 ID# 2025-4522 timeline and the need to purchase additional equipment for the vehicles, an extension is necessary. This extension will provide sufficient time for delivery of the vehicles, procurement of equipment for the vehicles, fully expend grant funding and time to close out the grant. Should the funding not be extended, there is a possibility that the additional equipment will not be purchased, which would delay the vehicles going into service. PTGA G2Y32 On December 8, 2020 (Item 16.D.15), the Board approved the submittal of a FY21 FTA Section 5310 grant application for the purchase of three replacement paratransit cutaway vehicles, along with three radios and three tablets for each vehicle. On June 11, 2024 (Agenda Item 16.B.14), the Board approved a PTGA with FDOT for the purchase of three paratransit cutaway vehicles, three radios, and three tablets in the amount of $405,932. The agreement was executed on June 14, 2024. The County ordered three vehicles in September 2024 and received them by February 2025. The County is now in the process of purchasing additional equipment for these vehicles. An extension is necessary to procure the equipment and exhaust the remaining funds. Should the funding not be extended, there is a possibility that the additional equipment will not be purchased, which would delay the vehicles going into service. On September 30, 2025, Transportation Management Services Department staff submitted the requests to FDOT to extend the PTGAs (G2W58, G2Y33, G2Y74 & G2Y32) above, set to expire December 31, 2025, to June 30, 2026, to provide time to receive the vehicles, procure the equipment, fully expend grant funding and close out the grants. Staff received the four Amendments for Extension on October 1st, 2025, for final signature and submittal to FDOT. This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: There is no additional fiscal impact associated with this item. Funding was previously appropriated within CAT Grants Fund 4031, Project 33896 and Fund 4034, Projects 33899, 33898 and 33791. GROWTH MANAGEMENT IMPACT: Transit capital and operations support goals and objectives of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires a majority vote for approval. -JAK RECOMMENDATION(S): To adopt a Resolution approving and authorizing the execution of an Amendment to the Public Transit Grant Agreements (PTGA) FPN 439255-1-94-23 (G2W58), FPN 448810-1-94-23 (G2Y33), FPN 451147-(1,2,3)-94-22 (G2Y74), and FPN 448810-1-94-02 (G2Y32) with the Florida Department of Transportation to extend the end date to June 30, 2026. PREPARED BY: Omar De Leon, Transit Manager, Public Transit & Neighborhood Enhancement Division ATTACHMENTS: 1. G2W58 - AMEND 2025 05-30 FTA 5339 RURAL SFY25 2. G2W58 - AGRMT 2024 04-16 FTA 5339 RURAL SFY25 3. G2Y33 - AGRMT 2024 05-29 FTA 5310 448810-1-94-23 4. G2Y74 - AGRMT 2024 06-14 FDOT FTA 5310 451147-(1,2,3)-94-22 5. G2Y32 - AGMT 2024 06-14 FTA 5310 (PTE FDOT) 448810-1-94-02 G2Y32 6. G2W58 - Amend 2 Resolution FTA 5339 Rural 7. G2W58 - Amend 2 FTA 5339 RURAL 8. G2Y33 - Amend 1 Resolution FTA 5310 9. G2Y33 - Amend 1 FTA 5310 Page 3795 of 9661 12/9/2025 Item # 16.B.11 ID# 2025-4522 10. G2Y74 - Amend 1 Resolution FTA 5310 11. G2Y74 - Amend 1 FTA 5310 12. G2Y32 - Amend 1 Resolution FTA 5310 13. G2Y32 - Amend 1 FTA 5310 Page 3796 of 9661 Page 3797 of 9661 Page 3798 of 9661 Page 3799 of 9661 Page 3800 of 9661 Page 3801 of 9661 Page 3802 of 9661 Florida Department of Transportation RON DESANTIS GOVERNOR 801 N. Broadway Avenue Bartow, FL 33830 JARED W. PERDUE, P.E. SECRETARY Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov May 29, 2025 Mr. Brian Wells Collier County Board of County Commissioners 8300 Radio Road Naples, Florida 34104 RE: Amendment to Public Transportation Grant Agreement (PTGA) for: Section 5339, Bus and Bus Facilities Formula Program Financial Project Number: 439255-1-94-023 Contract Number: G2W58 Dear Mr. Wells: Enclosed please find the fully-executed, Amendment 1 which amends Exhibits A and B of the executed PTGA contract G2W58 executed on April 16, 2024. Please always reference the Financial Project Number and Contract Number identified above when calling or writing about this project. We look forward to working with you to carry out the terms of this Agreement. If you have any questions, please contact Victoria Upthegrove, Transit Projects Coordinator, at 863-519-2484 or at Victoria.Upthegrove@dot.state.fl.us. Sincerely, Victoria Upthegrove Transit Projects Coordinator Enclosures: cc: Michelle S. Peronto, Florida Department of Transportation Caroline Soto, Collier County Omar DeLeon, Collier County Therese Stanley, Collier County Brandy Otero, Collier County Yousi Cardeso, Collier County Corene Sanger, Collier County Page 3803 of 9661 G2W58 Page 3804 of 9661 Page 3805 of 9661 Page 3806 of 9661 Page 3807 of 9661 Page 3808 of 9661 Page 3809 of 9661 Page 3810 of 9661 Page 3811 of 9661 Page 3812 of 9661 Page 3813 of 9661 Page 3814 of 9661 Page 3815 of 9661 Page 3816 of 9661 Page 3817 of 9661 Page 3818 of 9661 Page 3819 of 9661 Page 3820 of 9661 Page 3821 of 9661 Page 3822 of 9661 Page 3823 of 9661 Page 3824 of 9661 Page 3825 of 9661 Page 3826 of 9661 Page 3827 of 9661 Page 3828 of 9661 168 4 DocuSign Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 Financial Project Number(s): Fund{s): DPTO,DU FLAIR Category : 088774 (item-segment -phase -sequence) ____________ _ ____ _ _ 4_48_8_1_0_-1_-9_4_-2_3 ______ Work Activity Code/Function : 215 Obj ect Code: _7_8_00_0_0 __ _ Federal Number/Federal Award Org . Code : 55301000943 Identification Number (FAIN) -Transit only: 2~2~~11 Vendor Number: F596000558030 Contract Number: ____ Federal Award Date : CFDA Number: 20 .513 Agency SAM/UEI Number: JWKJKYRPLLU6 CFDA Title : Enhanced Mobility of Seniors and Individuals with Disabilities 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, ("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 cons ideration 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 "0", 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 th is Agreement is to provide for the Department's participation in using Federal Transit Administration (FTA) Section 5310, "Enhanced Mobil ity of Seniors and Individuals with Disabilities" Program funds to provide capital equipment for public transit services , 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 cond itions 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 ident ification purposes only, this Agreement is implemented as part of the Department program area se lected below (select all programs that apply): Aviation Seaports 2S. Transit lntermodal Rall Crossing _Closure Match to Direct Federal Funding (Aviat ion or Transit) (Note : Section 15 and Exh ibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and inco rporated into this Agreement: 2S. Exhibit A: Project Descript ion and Responsibi lit ies 2S. Exhibit B: Schedule of Financial Assistance *Exhibit B 1: Deferred Reimbursement Financia l Provisions *Exhibit B2 : Advance Payment Financial Provisions *Exh ibit B3 : Alternative Advanced Pay (Transit Bus Program) *Exhibit C: Terms and Conditions of Construction 2S. Exh ibit D: Agency Resolution 2S. Exhib it E: Program Specific Terms and Cond itions Paae 1 of 2 G2Y33 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE May 29, 2024 Page 3829 of 9661 DocuSign Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT ~ Exhibit F: Contract Payment Requ irements *Exhibit G: Audit Requ irements for Awards of State Financ ial Assistance ~ *Exh ibit H: Audit Requirements for Awards of Federal Financial Assistance 168 Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 *Exhibit I: Certificat ion of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exh ibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected . 5. Time. Unless specified otherwise , all references to "days" w ithin this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effect ive Date") and continue through December 31, 2025. 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 t he Agency and granted in writing by the Depa rtment prior to the expiration of this Agreement. Expiration of this Agreement will be considered terminat ion of the Proj ect. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement w ill not be re imbursed by the Department. a. _ If th is box is checked the following provision applies : Unless term inated earlier, work on the Project shall commence no later than the _ day of_, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), wh ichever date is earlier . The Department shall have the option to immed iately terminate this Agreement should the Agency fail to meet the above-requ ired dates. 7. Amendments, Extensions, and Assignment. T his 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 c ircumstances 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 appl icable law or the terms of this Agreement until such time as the event or condition resulting in such suspens ion has ceased or been corrected . a. Notwithstand ing 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 term inate this Agreement when its continuation would not produce beneficial results commensurate w ith the further expenditure of funds . In this event, the Parties shall agree upon the terminat ion 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 w il l 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 determ ined by the Department to have been expended in violation of the Agreement. 4 e Paae 2 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3830 of 9661 DocuSign Envelope ID: O9C0C581-BAOE-40EA-BAE0-D7604F12875B 168 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 $721,687 . 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 $649,517 and, the Department's participation in the Project shall not exceed 90 .00% of the total eligible cost of the ProjectL and as more fully described in Exhibit "8", 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: ~ 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 Paae 3 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3831 of 9661 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 168 Form 725 -000 -01 STRATEG IC DEVELOPMENT OGC 7/22 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 not ice from the Department, provide the Department with a corrective action plan describing how the Agency wi ll 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 follow ing 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 del iverables 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 invo ice 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 invo ice payment requ irements 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. 4 Paae 4 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3832 of 9661 168 4 DocuSign Envelope ID : O9C0C581-BADE-40EA-BAE0-O7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 cla im is made by the Department resu lt ing 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 serv ices 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 upo n an annual appropriation by the Legislature . If the Department's funding fo r th is Project is in multip le 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 uti li zing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval be ing 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 sha ll be prompt ly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise perm itted, that the Agency files shall not constitute a waiver of the Department's rights as the fund ing 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 ~ ~ Paae 5 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3833 of 9661 168 4 DocuSign Envelope ID: D9C0C581-8ADE-40EA-8AE0-D7604F128758 STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 Description and Responsibilities, and as set forth in Exhibit "8", 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. 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 requ ired. 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 mini mus 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 Paae 6 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3834 of 9661 DocuSign Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 168 Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 obta in 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 ameridment 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 select ion has been accompl ished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Polley 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 4 8 Paae 7 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3835 of 9661 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 168 Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 commod ities 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 w ith 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 report ing 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 4 ~ Paae 8 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3836 of 9661 16B 4 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 subreciplent 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. ill. 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@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.govffacweb/ 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 FDOTSinqleAudit@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. CS) Paoe 9 of2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3837 of 9661 168 4 DocuSign Envelope ID : D9COC581-8ADE-40EA-8AEO-D7604F128758 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 v. Within six months of acceptance of the audit report by the FAG, the Department will review the Agency's aud it 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 noncomp liance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compl iance, 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: State Funded: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dot. state. fl. us 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-s ite 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: 8 Paae 10 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3838 of 9661 16B 4 DocuSign Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 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 FDOTSinqleAudit@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 aud it 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 : v. Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSinqleAudit@dot.state .fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street , Room 401 Tallahassee , FL 32399-1450 Email : flaudgen localgovt@aud .state .fl.us 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 Paae 11 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3839 of 9661 168 4 DocuSign Envelope ID : O9C0C581-BADE-40EA-BAE0-O7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION applicable . PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 prov ided 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 prov ide goods or services to a publ ic 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. Paae 12 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3840 of 9661 DocuSign Envelope ID: O9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 168 4 Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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-responsib le 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 conside r 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 violat ion will be cause for unilateral cancellation of th is Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 , Florida Statutes, for construction serv ices and at the time of the competit ive 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. Util ize 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 requ ire any subcontractors performing work or providing services pursuant to the state contract to likew ise utilize the U.S. Department of Homeland Security's E- Ver ify system to verify the employment eligibility of all new employees hired by the subcontractor dur ing the contract term . h. Executive Order 20-44. Pursuant to Governor's Executive Order 20 -44, if the Agency is requ ired 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 w ith the State , annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Rec ipient 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 execut ive 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 execut ive leadership compensation received directly from all State and/or Federal allocations to the Agency . Annual Reports shall be in the form approved by the Depa rtment and shall be subm itted to the Department at fdotsing leaudit@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 part ially funded by the Department and administered by a local governmental entity, except for a seaport listed in Sect ion 311 .09 , Florida Statutes , or an airport as defined in Section 332 .004 , Florida Statutes, the entity perform ing des ign and construction eng ineering and inspection services may not be the same entity . 18. Indemnification and Insurance: Paae 13 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3841 of 9661 DocuSlgn Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 168 4 Form 725.000-01 STRATEGIC DEVELOPMENT OGC 7122 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 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 Paae 14 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3842 of 9661 DocuSlgn Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT 168 4 Form 725 -000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 inc ludes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the lim its 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 . Rail road Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the lim its are not less than $2,000,000 combined single limit for bodily injury and/or property damage pe r 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 here in. The insurance described here in shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing with in 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 ma intain the insurance requ ired here in, 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 Depa rtment as an Additional Insured on the Commercial General Liability policy/ies procured above . 19. Miscellaneous: a. Environmental Regulations . The Agency w ill be solely responsible for compliance w ith all applicable environmental regulations and for any liability arising from non-compliance w ith these regulations , and will reimburse the Department fo r 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 wa iver by the Department of any breach of covenant or any default wh ich 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 Ag reement 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 , consultan ts, and subconsultants are not agents of the Department as a result of this Agreement. e Paae 15 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3843 of 9661 168 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIOA OEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725 -000-01 STRATEGIC DEVELOPMENT OGC 7122 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 orig inal, but all of wh ich 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 dec ided . IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. C hris H a ll , C hairm a n -···-··----~'" ,...,, ... ·\ 1 '-~. • ~ ~. - • • , ', • ~ ,. . .. ,o. Q{) '•, ~ J•~ _,-'\ }J ~•h h., 0 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By : ------------------ Name: Nicole E. Mills, P.E. Title : Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review : ·., :,'' ,., ..... _.,.·· ••... (' • .. ' A:TTES'n / ,•-... , '· ~ • ' C .. ,,B A t .n;s.,$/.,,.~tti~· f:G:Yi~ :i, Approved • d legality Don Conway 4 H4 Paae 16 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3844 of 9661 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT A Project Description and Responsibilities 168 4 Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7/22 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 agreement provides FTA Section 5310 capital funds for the capital purchase as identified in the Agency's application on file with the Department. B. Project Location (limits, city, county, map): Bonita Springs Urbanized Area of Collier County, FL C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): This agreement provides FTA Section 5310 capital assistance related to purchasing capital equipment listed below in the amount not to exceed that identified in Exhibit B of this agreement or as amended . VEHICLE/S -Four (4) Busses -Replacement Under 30 FT EQUIPMENT -Four (4) Radios EQUIPMENT -Four (4) ADP Hardware If applicable, the Agency will also prov ide procurement documentation prior to the purchase of project equipment and will submit to the Department documentation of purchase, delivery, and/or installation for all items. If the actual costs are less than the estimated total cost, the difference will remain in the Department's general program fund and will be used to advance any remaining grant requests. D. Deliverable(s): When submitting an invoice for reimbursement the Agency must submit the invoice using the FOOT Transit Capital Invoice Form . The Agency will provide appropriate documentation to support all costs being submitted for reimbursement. The Agency must subm it a Progress Report with each invoice submitted utilizing the FOOT Project Monitoring Status Report. If invoicing is delayed , a quarterly report must still be provided . The project scope identifies the ultimate project deliverables. De liverables 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 requ ired 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 invo ices on schedule and the project deliverables for the year have been met. e Pace 17 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3845 of 9661 168 4 DocuSlgn Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance Form 725-000·02 STRATEGIC DEVELOPMENT OGC 7/22 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 Descrlotion Amount Enhanced Mobility of Seniors and Individuals with 448810-1-94-23 DU 088774 2024 780000 20.513 Disabilities $577,348 .00 448810-1-94-23 DPTO 088774 2024 780000 20.513 Enhanced Mobility of Seniors $72,169.00 and Individuals with Disabilities Total Financial Assistance $649,517.00 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 $0.00 $0 .00 0 .00 0 .00 0 .00 Capital Equipment/ Preventative $72,169 .00 $72,170.00 $577,348.00 $721,687.00 10.00 10.00 80 .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 Onlv) Totals $72169.00 $72,170 .00 $577,348 .00 $721,687.00 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item ALI Transit Onl 11.12.04, 11.62 .03, 11.42.07 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 . Todd Engala, MURP Department Grant Manager Name Signature ~DocuSlgned by: 'ToeU 6.-.,"'"' 5CEEDF59FF4D4B6 ... 03/06/2024 I 12:42 PM EST Date Paae 18 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3846 of 9661 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7/22 e Paae 19 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3847 of 9661 168 4 RESOLUTION NO. 2024 -80 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A SECTION 5310 PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING TO PURCHASE FOUR REPLACEMENT BUSES, RADIOS AND TABLETS TO SUPPORT THE PARA TRANSIT SERVICE. (FPN 448810-1-94-23) WHEREAS, the State of Florida Department of Transportation (FDOT ) is willing to enter into a Section 5310 Public Transportation Grant Agreement (the "Agreement") with Collier County, wherein FDOT will reimburse Collier County up to the sum of $721,687 (Seven Hundred and Twenty-one Thousand and Six Hundred and Eighty-Seven Dollars) to purchase four replacement buses , radios and tablets to support the Paratransit service (FPN 448810-1-94- 23); and WHEREAS, the Collier County Board of County Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County , Florida, that: 1. The Board approves and authorizes its Chairman to sign the Agreement pe1taining to FPN 448810- 1-94-23, as well as any required ce1tifications and assmances related therewith. 2. The Collier County Clerk is directed to forward a ce1tified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, same , this ~ qay. of , f?p._f , 2024. second and majority vote favoring I ATT CR By: _,' _,.· ~fls.::Jo~=-::...v-~-+t:-:---:---:t1'----- Attes t as to 'etrfi,r rm~o '.s. ·; • sigrrnt "r:; <,f •. il' -~.,;)~"-' Approved as to form and le l eanne Sanseverino C§ u.\\1\11--\ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By :~ ~all,Chairman'- Page 1 of 1 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3848 of 9661 DocuSign Envelope ID : D9C0C581-8ADE-40EA-8AE0-D7604F128758 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS -TRANSIT (Section 5310: Enhanced Mobility of Seniors & Individuals with Disabilities) 168 Form 725 -000-02 STRATEGIC DEVELOPMENT OGC 7/22 1. Conformance with Enabling Legislation. Th is Agreement is i n conformance with Section 5310 of the Federal Trans it Act of 1991, 49 U.S .C. 5310, as amended , and Section 341 .051(1)(a), F.S. 2. Prevention Programs. T he Section 5310 subrecipient shall estab lish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S .C. 5331, and 49 CFR 40 . 3. Adherence to Certifications and Assurances. The Section 5310 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5310 funds . 4. FTA Compliance. The Section 5310 subrecipient shall at all times comply with all appl icable FTA regulations, polic ies, procedures and directives, includ ing w ithout limitation those listed directly or by reference in the Master Agreement between the FOOT and FT A , as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Nondiscrimination. The Section 5310 subrec ipient 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. 2000(d), and 49 CFR 21 , and understands that this assurance extends to its entire facility and to facil it ies operated in connect ion with the project. 6. Charter Operation. The Section 5310 subrecipient agrees to comply with 49 U.S.C . 5323(d) and 49 CFR 604 , which provide that recip ients and subrecip ients of FTA assistance are prohibited from prov iding charter service using federally funded equipment or facil ities if the re is at least one pr ivate 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 . 7. Exclusive Operation. Pursuant to 69 U.S .C . 5323(f) and 49 CFR 605 , the Section 5310 subrecipient may not engage in school bus operat ions exclus ive ly 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 serv ice under an allowable exemption, subrecipients may not use federally funded equipment, vehicles , or fac ilit ies . 8. Buy America. The Sect ion 5310 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. The recip ient also agrees to comply with the pre-award and post-delivery requirements outlined in 49 CFR 661.12 . 9. Water Pollution Control. The Section 5310 subrecipient agrees to comply with all applicable standards, orders or regulat ions issued pursuant to the Federal Water Pollut ion Control Act, codified at 33 U.S.C. 1251 et seq ., as amended , if the agreement exceeds $100,000 . 10. Anti-Lobbying. The Section 5310 subrecipient agrees to comply with the requirements pursuant to Byrd Anti- lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR 20 , Appendix A. e Paae 20 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3849 of 9661 DocuSign Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS 16 8 Form 726-000-02 STRATEGIC DEVELOPMENT OGC 7122 11. Bonding Requirements. If this agreement is for a construction project over $150,000, the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 12. Clean Air Act. The 5310 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 $150,000. 13. Resource Conservation and Recovery Act (RCRA). The 5310 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. 14. Davis-Bacon and Copeland Anti-kickback. The 5310 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. 15. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5310 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S .C . 3701 et seq. 16. Transit Employee Protective Agreements. The 5310 subrecipient agrees to comply with the Transit Employee Protective Agreements, as codified in 49 U.S.C. 5310 and 29 CFR 215 . 17. Compliance with FTA Terms and Conditions The 5310 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FOOT requests which would cause the 531 O subrecipient to be in violation of the FTA terms and conditions. 18. Public Body Non-CTC Recipients. An Agency may receive 5310 funds when the Community Transportation Coordinator in the county is a private-for-profit entity . When the Agency accepts the 5310 funding, enters into a contract/PTGA with the Department, and then contracts with the Community Transportation Coordinator to provide enhanced mobility of seniors and individuals with disabilities in the same service area in which the Community Transportation Coordinator is provid ing non-sponsored trips for the Commission for the Transportation Disadvantaged, then the non-sponsored human service transportation grant funds will be considered as eligible match for the 5310 funds . The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips . The public body must keep financial records that substantiate the eligibility of the match being provided and make that documentation available to the Department on request. 19. Annual Performance Measures Report. The Agency will submit an Annual Performance Measures Report. The Annual Performance Measures Report is due by January 31 of each year. The annual report will include both quantitative and qualitative information as available on each of the following measures: a) Gaps in Service Filled: Provision of transportation options that would not otherwise be available for seniors and individuals with disabilities, measured in numbers of seniors and Individuals with disabilities afforded mobility they would not have without program support as a result of traditional Section 5310 projects implemented in the current reporting year. b) Ridership: Actual or estimated number of rides (as measured by one-way trips) provided annually for seniors or individuals with disabilities on Section 5310 supported vehicles and services as a result of traditional Section 5310 projects implemented in the current reporting year. 20. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, 8 CAO - Paae 21 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3850 of 9661 DocuSign Envelope ID: D9C0C581 -BADE-40EA-BAE0-O7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS 168 4 Form 725-000·02 STRATEGIC DEVELOPMENT OGC 7/22 inventory transfer and disposal actions . This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and 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 Department programs. --End of Exhibit E -- e Paae 22 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3851 of 9661 DocuSign Envelope ID : D9C0C581-BADE-40EA-BAE0-D7604F 12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts 168 4 Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7/22 Invoices for cost reimbursement contracts must be supported by an item ized 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 ind icate 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 subm itted . The payroll register should show gross salary charges, fringe benefits, other deductions and net pay . If an individual for whom reimbursement is be ing 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 emp loyee (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 cop ies of checks for fringe benefits. (3) Travel : Reimbursement for travel must be in acco rdance with Section 112. 061 , Florida Statutes, which includes submission of the claim on the approved State trave l 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 Adm i nistrative Code, regarding the requ irements 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 ind irect costs will be paid based on a specified rate , then the calculation should be shown . Contracts between state agencies, and/or contracts between univers ities may submit alternative documentation to substantiate the re imbursement request that may be in the form of FLAIR reports or other detailed reports . The Flo rida Department of Financ ial Serv ices, online Reference Guide for State Expend itures can be found at this web address https ://www.myfloridacfo.com/Div ision/AA/M anuals/docume nts/Refere nceGuideforStateExpenditures .pdf. f " Paae 23 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3852 of 9661 DocuSign Envelope ID: D9C0C581-BADE-40EA-BAE0-D7604F12B75B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBITH AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.513 CFDA Title: Enhanced Mobility of Seniors and Individuals with Disabilities *Award Amount: $577,348 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 .87 168 4 Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7/22 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 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 -Flor ida Division www .fhwa .dot.gov/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS) www.fsrs.gov e Paae 24 of 2 DocuSign Envelope ID: 709ECB1F-259D-419D-9AB2-0AD5EDD439BE Page 3853 of 9661 G2Y74 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 June 14, 2024 Page 3854 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3855 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3856 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3857 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3858 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3859 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3860 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3861 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3862 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3863 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3864 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3865 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3866 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3867 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3868 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3869 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3870 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3871 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3872 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3873 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3874 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3875 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3876 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3877 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3878 of 9661 DocuSign Envelope ID: 9AEAA408-F4E4-41C2-B9E6-0099D509BA65 Page 3879 of 9661 DocuSlgn Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000 -01 STRATEGIC DEVELOPMENT OGC 7/22 Financial Project Number(s): Fund(s): (item -segm ent-phase-s equence) DPTO,DU FLAIR Category: 088774 ------------_44_8:...;:8..c1..:.0--'-1-'-9'-'4--0=-=2;________ Work Activity Code/Function : ...;::2:...c.1.;:_5 ___ Object Code : 780000 -----------Federal Number/Federal Award Identification Number (FAIN) -Transit only : 26~~~11 -C-on-t-ra_c_t N_u_m_b_e_r_: -=._-=._-_-_-_-_-_ -_ Federal Award Date : Org. Code: Vendor Number: 55301000943 F596000558030 CFDA Number: 20 .513 Agency SAMIUEI Number: JWKJKYRPLLU6 CFDA Title : Enhanced Mobility of Seniors and Individuals with Disabilities CSFA Number: NIA CSFA Title : NIA THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into ______________ , 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 partic ipation 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 5310, "Enhanced Mobility of Seniors and Individuals with Disabilities" Program funds to provide capital equipment for public transit services, 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 lntermodal 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 Exhib it B: Schedule of Financial Assistance *Exhibit B 1: Deferred Reimbursement Financial Provisions *Exhibit 82 : Advance Payment Financial Provisions *Exhibit 83: 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 Paae 1 of 2 G2Y32 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C June 14, 2024 Page 3880 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT ~ Exhibit F: Contract Payment Requirements *Exhibit G: Audit Requ irements for Awards of State Financial Assistance ~ *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor * Additional Exhib it(s): *Indicates that the Exhibit is only attached and incorporated if appl icable 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 , 2025 . If the Agency does not complete the Project within this time period, this Agreement w ill 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 cons idered terminat ion 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 re imbursed by the Department. a. _ If this box is checked the following provision applies : Un less terminated earl ier, work on the Project shall commence no later than the _ day of_, or with in _ 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 term inate 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 otherw ise encumbered by the Agency under any circumstances without the pr ior wr itten 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 th is Agreement until such time as the event or cond ition 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 te rmination 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 Pa rties to th is Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate w ith the further expenditure of funds . In this event, the Parties shall agree upon the term ination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid on ly for that work satisfacto rily performed for which costs can be substantiated . Such payment, however, may not exceed the equ ivalent 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 perfo rm or honor the requirements and provisions of th is Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the term ination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. Paae 2 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3881 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records prov isions of Chapter 119, Florida Statutes . 9. Project Cost: a. The estimated total cost of the Project is $405,932 . Th is amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and d istribution 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 requ ires 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 $365,339 and, the Department's part icipation in the Project shall not exceed 90.00% of the total elig ible 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 defic its 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 deliverab les . Each de li verable must specify the requ ired minimum level of serv ice to be performed and the criteria for eva luating successful complet ion . The Project and the quantifiable , measurab le, and ver ifiable un its 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. Invo ices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-aud it 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 support ing documentati on for the deliverables being bi lled 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 del iverables were received and accepted in writing by the Agency and must also establ ish that the required minimum standards or level of service to be performed based on the criteria for evaluat ing 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, invo ices, contracts , or vouchers ev idenc ing 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 : ~ Travel expenses are NOT eligible for re imbursement under this Agreement. _ Trave l expenses ARE elig ible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's & Paoe 3 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3882 of 9661 DocuSlgn Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC7/22 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 del iverables and costs incurred unless advance payments are authorized by the Chief Financ ial 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 , wh ich correction shall be made within a time- frame to be specified by the Depa rtment. 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 a ll issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, delive rable deficiencies, or contract non- compliance . If the correct ive act ion 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 financia l assistance from the Department shou ld 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 de li verables are received , inspected or verified , and approved . If a payment is not available w ithin 40 days , a separate interest penalty at a rate as establ ished pursuant to Section 55 .03(1 ), Florida Statutes, will be due and payable , in addition to the invoice amount, to the Agency . Interest pena lties of less than one (1) dol lar 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 invo ice is provided to the Department. A Vendor Ombudsman has been established w ithin the Department of Financial Services . The duties of th is ind ividual include acting as an advocate for Agency who may be experiencing prob lems 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 mainta in an accounting system or separate accounts to ensure funds and projects are tracked separate ly. Records of costs incurred under the terms of th is Agreement shall be mainta ined and made available upon request to the Department at all times du ring the period of this Agreement and for five years after final payment is made . Copies of these reco rds 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 support ing documents and records, of the Contractor and all subcontractors performing work on the Project , and all other records of the Cont ractor and subcontractors considered necessary by the Department for a proper aud it of costs . i. Progress Reports. Upon request , the Agency agrees to provide progress reports to the Departmen t in the sta ndard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be adv ised, at its request, as to the status of the Project and of deta ils thereof. e Paae 4 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3883 of 9661 DocuSlgn Envelope ID: C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000.01 STRATEGIC DEVELOPMENT OGC7/22 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 th is Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an aud it 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 tha t 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 th is 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 obl igation 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 "8", 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 availab le. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event th is 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 vo id, and no money may be pa id 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 . No t hing herein contained shall prevent the mak ing of contracts fo r periods exceed ing 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 th is Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project ~ "-...:: Paae 5 of2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3884 of 9661 DocuSign Envelope ID : C1B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725 -000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 effic ient manner, and in accordance w ith the prov isions in th is 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 prov ide 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 prequali fi ed contracto r, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project w ithin the time frame set forth in this Agreement. d. _ If th is box is checked, then the Agency is permitted to uti lize its own forces and the following provision applies : Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project util izing its own forces, the Agency will only be re imbursed for direct costs (th is 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 app ly a de mini mus 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 comp ly with all terms (9 Paae 6 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3885 of 9661 DocuSlgn Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7122 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 ob ligated 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 Admin istration (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 serv ices 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 w ith 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 lim its . Contracts , purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget conta ined 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 part icipation 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 prov isions 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 Negotiat ion 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 opportun ity 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 Paae 7 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3886 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 acquis it ion of commodities then the following prov isions 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 th is provision shall surv ive the term ination of this Agreement. 14. Sale, Transfer, or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfe r 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 w ithout prior written approval by the Department. b. If a sale, transfer, or disposa l by the Agency of all or a portion of Department-funded real property, fac il ities, or equipment is approved by the Department , the follow ing provisions will apply : I. The Agency sha ll reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proporti onal 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 rem itted to the Department within ninety (90) days of clos ing of sale. iii. Sa le of property developed or acquired with Department funds shall be at market value as determined by appra isal or public bidd ing process, and the contract and process for sale must be approved in advance by the Department. Iv. If any port ion of the proceeds from the sale to the Agency are non-cash considerations, re i mbursement 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 terminat ion of this Agreement. i. The terms shall rema in in full force and effect throughout the useful l ife of facilities developed , equ ipment acqu ired, 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 aud its and/or monitoring by the Department. The follow ing requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluat ions of Federal awards or State financial assistance or limit the authority of any state agency inspector general , the State of Florida Audi tor General , or any othe r state official. The Agency shall comply with all audit and audit reporting requ irements as spec ified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200 , Subpart F - Aud it Requirements , monitoring procedures may include but not be limited to on-site visits by @ Paae 8 of2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3887 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7122 Department staff and/or other procedures, including rev iewing any required performance and financ ial 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 Ag reement, 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 aud its deemed necessary by the Department , State of Florida Chief Financ ial 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 sing le or program-specific audit conducted for such fiscal year in accordance with the prov isions of 2 CFR Part 200, Subpa rt 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 re lated to the Federal award occurs , including the Federal award provided through the Department by this Agreement. The determ ination of amounts of Federal awards expended should be in accordance with the guide li nes 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 Requ irements , will meet the requirements of this part . ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the aud itee respons ibilities as provided in 2 CFR Part 200 , Subpart F - Aud it 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 FDOTS ingleAud it@dot.sta te.fl.us no later than nine months after the end of the Agency's aud it per iod 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 t he 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 ent ities). iv. The Agency must electronically subm it 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 -Aud it Requirements , within the earl ier of 30 calendar days after receipt of the aud itor's report(s) or nine months after the end of the audit period. The FAC is the repos itory of record for audits required by 2 CFR Part 200 , Subpart F -Aud it Requirements . Howeve r, the Department requires a copy of the audit reporting package also be submitted to FDOTSing leAud it@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 aud it period as required by 2 CFR Part 200 , Subpart F -Audit Requirements . 6) Paae 9 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3888 of 9661 DocuSign Envelope ID: C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 prov ided 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, wh ich 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 des ignee, the CFO , or State of Florida Auditor General access to the Agency's records, including financ ial statements, the independent auditor's work ing papers, and project records as necessary . Records related to unresolved audit findings, appeals, or litigation shall be retained until the act ion is complete or the dispute is resolved . vii. The Department's contact information for requirements under this part is as follows : State Funded: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Flor ida 32399-0450 FDOTSingleAudit@dot.state. fl . us 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 rev iewing 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 w ith 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 : Paae 10 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3889 of 9661 DocuSign Envelope ID : C182AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 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 determin ing the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financ ial 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 connect ion w ith the audit requirements , the Agency shall ensure that the audit complies with the requ irements of Section 215 .97(8), Florida Statutes . This includes submission of a financial report i ng 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 Genera l. 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 FDOTSi ngleAudit@dot.state.fl.us no later than nine months after the end of the Agency 's audit period for each appl icable 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 pa id 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 report ing packages required by this Agreement shall be submitted to : Flor ida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee , Florida 32399-0405 FDOTSi ng leA udit@ dot.state .fl.us And State of Flor ida Audito r General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email : fla udgen loca lgo vt @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 Sect ion 215 .97 , Florida Statutes , and Chapters 10 .550 (local governmental entities) or 10 .650 (nonprofit and for-profit organ izat ions), Rules of the Auditor General , as Paae 11 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3890 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323 -2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION applicable. PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 cond ition 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 , includ ing 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 reta in sufficient records demonstrating its compl iance 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 des ignee , 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 cr ime may not submit a bid on a contract to provide any goods or serv ices 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, supp lier, subcontractor , or consultant under a contract w ith 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 Discr iminatory 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 subm it a bid on a contract with a public entity for the construction or repair of a public build ing or public work ; may not submit bids on leases of real property to a public en t ity ; 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. e Paae 12 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3891 of 9661 DocuSign Envelope ID: C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 build ing 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 v iolation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowing ly 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 so li citation for the Project, 50 percent or more of the cost of the Project is to be pa id 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 elig ibil ity of all new employees hired by the Agency during the term of the contract ; and ii. Expressly requ ire any subcontractors performing work or providing services pursuant to the state contract to likewise util ize the U.S. Department of Homeland Security's E- Verify system to verify the employment el igibility of all new employees hired by the subcontractor du ring the contract te rm. 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 Fede ral funds , Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990 , detail ing the total compensation for each member of the Agency executive leadership team . Total compensation shall include salary , bonuses, cashed -in leave, cash equ ivalents , severance pay, retirement benefits, deferred compensation , real -property gifts , and any other payout. The Agency shall inform the Department of any changes in total execut ive 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 governmenta l entity, except for a seaport listed in Section 3 11.09, Florida Statutes, or an airport as defined in Section 332 .004, Florida Statutes , the ent ity performing design and construction eng ineer ing and inspection services may not be the same entity . 18. Indemnification and Insurance: Paoe 13 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3892 of 9661 DocuSign Envelope ID : C182AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000 -01 STRATEGIC DEVELOPMENT OGC7/22 a. It is spec ifically 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 benefic iary under th is 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 liab ilities, damages , losses , and costs , Including, but not lim ited to , reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or ut ilized by the Agency in the performance of th is Agreement. This indemnification shall surv ive the termination of th is Agreement. Add it ionally, the Agency agrees to include the following indemnificat ion 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 ho ld harmless the Agency and the State of Florida , Department of Transportation, inc luding the Department's officers and employees , from liab ilities , 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. Th is indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensat ion 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 acco rdance with Florida's Workers ' Compensation law. If using "leased employees " or employees obtained through profess ional 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 requ ired under Florida's Workers' Compensation law. c. If the Agency elects to self-perform the Proj ect, 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 Liab ility insurance providing continuous coverage for all work o r operations performed under this Agreement. Such insu rance shall be no more rest rict ive than that provided by the latest occurrence form edition of the standard Commerc ial 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 Add itional 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, inclus ive 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 w ith or diminished by claims unrelated to the Agreement. The po licy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insu red . No policy/ies or coverage described herein may conta in or be subject to a Retention or a Self-Insured Retention un less the Agency is a state agency or subdivision of 8 Paae 14 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3893 of 9661 DocuSign Envelope ID: C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7122 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 w ithin 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 wa iver 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 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. Pr ior to the execution of the Agreement, and at all renewal periods wh ich occur pr ior to final acceptance of the work, both the Department and the railroad shall be prov ided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein . The insurance described herein shall be maintained through fina l 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 descr ibed 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 ma intain the insurance required herein , nor serve as a waiver of any rights the Department may have . e. When the Ag reement 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 compl iance 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 Paoe 15 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3894 of 9661 DocuSign Envelope ID: C1 B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/22 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 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. Chri s Hall , Chairman " r'i I' " • A.i .TES'f'J 1 , . ·c R , • ' I L,CLERK STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By :---------------- Name: Nicole E. Mills, P.E. Title : Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: ;~: < BY:~~;ili~~~~~ ... lJ an 's Don Conway ,; ,,,_ . \ .. ~ . .. ,, (o -····. • ,.,~~pr!> and legality Attorney G-JS S j1,0 Paae16of2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3895 of 9661 DocuSlgn Envelope ID : C 1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT A Project Description and Responsibilities Form 725-000-02 STRATEGIC DEVELOPMENT OGC 1122 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 agreement provides FTA Section 5310 capital funds for the capita l purchase as identified in the Agency's application on file with the Department. B. Project Location (limits , city, county, map): Bonita Springs Urbanized Area within Collier County, FL C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule , project size): This agreement provides FTA Section 5310 capital assistance related to purchasing capital equipment l isted below in the amount not to exceed that identified in Exhibit B of this agreement or as amended . VEHICLE/S : EQUIPMENT: EQUIPMENT: Th ree (3) Bus Replacement less then 30 ft Three (3) Radios Three (3) Communications System -Tablets If applicable , the Agency will also provide procurement documentation prior to the purchase of project equipment and will subm it to the Department documentation of purchase, delivery, and/or installation for all items. If the actual costs are less than the est imated total cost, the difference will remain in the Department's general program fund and will be used to advance any remaining grant requests . D. Deliverable(s): When submitting an invoice for reimbursement the Agency must submit the invoice using the FOOT Transit Capital Invoice Form. The Agency will provide appropriate documentation to support all costs being submitted for reimbursement. The Agency must submit a Progress Report with each invoice submitted utilizing the FOOT Project Monitoring Status Report. If invoicing is delayed, a quarterly report must still be prov ided . The project scope identifies the ultimate project deliverables . Deliverables for requisition , payment and invoice purposes will be the incremental progress made toward complet ion of project scope elements. Supporting documentat ion will be quantifiable , measurable , and verifiable, to allow for a determ ination of the amount of incremental progress that has been made, and provide ev idence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency . E. Unallowable Costs (including but not lim ited to): Expenses created from third party contracts which were not approved by the Flo rida Department of Transportat ion in accordance with Article 12 of this document. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy w ill require an expend iture detail report from the Agency that matches the invoice period . The expenditure detail , along w ith the progress report , will be the required deliverables fo r Transit Operating Grants. Operati ng grants may be issued for a term not to exceed three years from execution . The original grant agreement will inc lude funding for year one. Fund ing 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. Paae 17 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3896 of 9661 DocuSigo Envelope I D: C182AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance Form 725 •000 ·02 STRATEGIC DEVELOPMENT OGC7/22 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 Management Type Category Fiscal Code Number Year 448810-1-94-02 DU 088774 2024 780000 448810-1-94-02 DPTO 088774 2024 780000 B. Estimate of Project Costs by Grant Phase: Phases* State Local Land Acquisition $0.00 $0.00 Planning $0 .00 $0 .00 Environmental/Design/Construction $0.00 $0 .00 Capital Equipment/ Preventative $40,593.00 $40 ,593 .00 Maintenance Match to Direct Federal Funding $0 .00 $0.00 Mobility Management $0.00 $0 .00 <Transit Onlv) Totals • $40,593 .00 $40 593 .00 CSFA/ CSFA/CFDA Title or CFDA Funding Source Number Descri tion Enhanced Mobility of Seniors and Individuals with 20 .513 Disabilities 20.513 Enhanced Mobility of Sen iors and Individuals with Disabilities Federal Totals State % $0.00 $0 .00 0 .00 $0 .00 $0.00 0 .00 $0.00 $0 .00 0 .00 $324 ,746.00 $405,932.00 10.00 $0.00 $0 .00 0.00 $0 .00 $0.00 0.00 $324,746.00 • .• $405,932.00 Funding Amount $324,746 .00 $40,593 .00 Local Federal % % 0 .00 0.00 0.00 0 .00 0 .00 0.00 10.00 80 .00 0.00 0.00 0 .00 0.00 *Sh ifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item ALI Transit Onl 11 .12 .04, 11 .62.03 , 11.62 ,02 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 . Todd Engala, MURP Department Grant Manager Name 03/11/2024 I 3:14 PM EDT Signature ~OoeuSlgned by : rau~~~ 5CEEDF59FF4O4B6 ... Date @ Paae 18 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3897 of 9661 DocuSlgn Envelope ID : C1B2AF37-68E9-4BE5-8323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBITD AGENCY RESOLUTION PLEASE SEE ATTACHED Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7122 (9 Paae 19 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3898 of 9661 RESOLUTION NO. 2024 - 1 04 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE A SECTION 5310 PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING TO PURCHASE THREE REPLACEMENT BUSES, RADIOS AND TABLETS TO SUPPORT THE PARATRANSIT SERVICE. (FPN 448810-1-94-02) WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Section 5310 Public Transpmtation Grant Agreement (the "Agreement") with Collier County, wherein FDOT will reimburse Collier County up to the sum of $405,932 (Four Hundred and Five Thousand and Nine Hundred and Thirty-Two Dollars) to purchase three replacement buses , radios and tablets to support the Paratransit service (FPN 448810-1-94-02); and WHEREAS, the Collier County Board of County Commissioners finds that the Agreement is in the public interest and benefits the citizens of Collier County. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The Board approves and authorizes its Chairman to sign the Agreement pe1taining to FPN 448810- 1-94-02, as well as any required ce1tification and assurances related therewith. 2. The Collier County Clerk is directed to forward a ce1tified copy of this Resolution along with the Agreement for execution by FDOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, tl~is _Jj__ day of ::Jua e , 2024. o c:rs s/io oun y Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By tlJJau si-fau.chairman' Page I of I DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3899 of 9661 DocuSign Envelope ID : C1B 2A F37-68E9-4BE5-83 23-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS -TRANSIT (Section 5310: Enhanced Mobility of Seniors & Individuals with Disabilities) Form 725 -000-02 STRATEGIC DEVELOPMENT OGC 7/22 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 531 o of the Federal Transit Act of 1991, 49 U.S.C. 53 10, as amended , and Section 341 .051(1)(a), F.S . 2. Prevention Programs. The Section 5310 subrecip ient shall establish and implement anti -drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655 , 49 U.S.C. 5331, and 49 CFR 40 . 3. Adherence to Certifications and Assurances. The Section 5310 subrecipient shall ensure adherence w ith all federally required certifications and assurances made in its application to t he Department for Section 5310 funds . 4. FTA Compliance. The Secti on 5310 subrec ip ient 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 Master Agreement between the FOOT and FTA, as they may be amended or promulgated from time to t ime during the term of this contract. Failure to comp ly shall constitute a material breach of this contract. 5. Nondiscrimination. The Section 5310 subrecipient assures the project w ill be completed in accordance with all applicable requirements imposed by or issued pursuant to 49 U.S .C . 5332, 42 U.S.C. 2000(d), and 49 CFR 21, and understands that th is assurance extends to its entire faci li ty and to facilities operated in connection with the project. 6. Charter Operation. The Sect ion 5310 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR 604, which provide that recipients and subrecip ients of FT A ass istance are prohibited from provid ing charter service using federally funded equipment or facil ities 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 transpo rtation . 7 . Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605 , the Section 5310 subrecipient may not engage in school bus operations exclus ively 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 allowab le exemption, subrecipien t s may not use federally funded equipment, veh icles , or facilities. 8. Buy America. The Section 5310 subrecipient agrees to comp ly with Buy Amer ica requirements outlined in 49 U.S.C. 53230) and 49 CFR 661 , if using the funds granted under this agreement for rolling stock pu rchases . The rec ipient also agrees to comply w ith the pre-award and post-delivery requirements outlined in 49 CFR 661 .12 . 9. Water Pollution Control. The Section 5310 subrecipient agrees to comp ly w ith 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. 10. Anti-Lobbying. The Section 5310 subrec ipient agrees to comply with the requirements pursuant to Byrd Ant i- lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR 20 , Append ix A. Paae 20 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3900 of 9661 DocuSign Envelope ID : C182AF37-68 E9-4BE5-8 323-2DCDEBB4D4DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC7/22 11. Bonding Requirements. If this agreement is for a construction project over $150 ,000, the recipient must adhere to FTA 's bonding requirements as outlined in the Best Practices Procurement Manual. 12. Clean Air Act. The 5310 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clea n Air Act , 42 U.S.C . 7401 et seq., as amended, if this agreement exceeds $150,000 . 13. Resource Conservation and Recovery Act (RCRA). The 5310 subrecipient agrees to comply with all the requ irement of Section 6002 of the Resource Conservat ion and Recovery Act (RCRA), 49 U.S.C . 6962, as amended , including but not limited to the regulatory provisions of40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247 . 14. Davis-Bacon and Copeland Anti-kickback. The 5310 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. 15. Contract Work Hours and Safety Standards. For any contract over $2 ,000 the 53 10 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act , cod ified at 40 U.S .C. 3701 et seq . 16. Transit Employee Protective Agreements. The 5310 subrecipient agrees to comply with the Transit Employee Protective Agreements , as codified in 49 U.S.C . 5310 and 29 CFR 215. 17. Compliance with FTA Terms and Conditions The 5310 subrecipient shall not perform any act, fail to pe rform any act, or refuse to comply with any FOOT requests which would cause the 5310 subrecipient to be in violation of the FTA terms and cond iti ons. 18. Public Body Non-CTC Recipients. An Agency may rece ive 5310 funds when the Commun ity Transportation Coord inator in the county is a private-for-profit entity. When the Agency accepts the 5310 funding , enters into a contracUPTGA with the Department , and then contracts with the Community Transportation Coordinator to provide enhanced mobility of seniors and indiv iduals w ith disabilities in the same service area in which the Community Transportation Coordinator is providing non-sponsored trips for the Commiss ion for the Transportat ion Disadvantaged , then the non-sponsored human service transportation grant funds will be considered as eligible match for the 5310 funds . The Agency will be respons ible for ensuring that the Community Transportation Coordinator meets all the requ irements assoc iated with the federal funds. The Agency will be respons ible for ensuring that all dollars prov ided as match were for pub li c transportation eligible trips . The pub lic body must keep financial records that substantiate the eligibility of the match being prov ided and make that documentation available to the Department on request. 19. Annual Performance Measures Report. The Agency will submit an Annual Performance Measures Report. The Annual Performance Measures Report is due by January 31 of each year. The annual report will inc lude both quantitative and qualitative information as available on each of the following measures: a) Gaps in Service Filled : Provision of transportation opt ions that would not otherwise be available for seniors and individuals w ith disabi li ties, measured in numbe rs of seniors and indiv iduals with disabilities afforded mobility they would not have w ithout program support as a result of traditional Sect ion 5310 projects implemented in the current reporting year. b) Ridersh ip: Actual or estimated number of rides (as measured by one-way trips) provided annually for seniors or ind ividuals with disabilities on Section 5310 supported vehicles and services as a result of traditional Section 5310 projects implemented in the current reporting year. 20. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725 -030-025i), which outlines the requirements for continuing management contra~ ~ Paae 21 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3901 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 725-000-02 STRATEGIC DEVELOPMENT OGC 7/22 inventory transfer and disposal actions . This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310 , Section 5311, Section 5316 , and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public trans it 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 Department programs . --End of Exhibit E -- Paae 22 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3902 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Form 725 -000-02 STRATEGIC DEVELOPMENT OGC 7/22 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 re imbursed . 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 prem i ums 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 w ith Section 112 .061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electron ic 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 serv ices are terminated . Documentation must be provided to show compliance w ith Department of Management Services Rule 60A-1 .017, Florida Administrative Code, regarding the requirements for contracts which include services and that prov ide for the contractor to purchase tang i ble personal property as defined i n 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 spec ifies that ind irect costs will be paid based on a specified rate, then the calculation should be shown . Contracts between state agencies, and/or contracts between un iversities 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 .myflo ridacfo.c om /D ivi sion /AA/Manu als/d ocumen ts/Refe renceG ui de forStateExpendi tures.pdf. Paae 23 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3903 of 9661 DocuSign Envelope ID : C1 B2AF37-68E9-4BE5-8323-2DCDEBB404DA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS : CFDA No.: 20 .513 CFDA Title: Enhanced Mobility of Sen iors and Ind ividuals w ith Disabilities *Award Amount: $324 ,746 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: NIA **Award is for R&D: No *The federa l award amount may change with amendments **Research and Development as defined at 2 CFR §200 .87 Form 725-000 ·02 STRATEGIC DEVELOPMENT OGC 7/22 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 -Un iform Adm inistrative Requirements, Cost Principles & Aud it Requirements fo r Federal Awards www .ecfr.go v 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 , Un ited States Code htt p://u scode .ho use .gov/browse.xhtm l Infrastructure Investment and Jobs Act (IIJA) (Public Law 117 -58, also known as the "Bipartisan Infrastructure Law ") https://www .co nqress.g ov/117 /bi ll s/h r3684 /BIL LS-117 hr3684enr.p df Fede ral Highway Admin istration -Florida Div ision www. fhw a.do t.qov/fldi v Federal Fund ing Accountab ility and Transparency Act (FFATA) Sub-award Reporting System (FSRS) www .fs rs.gov Paae 24 of 2 DocuSign Envelope ID: 56143BEF-C3B9-447A-8487-3C77A4128D1C Page 3904 of 9661 RLSOT,UTTO\ NO. 2025 - A I{E,SOLUTION BY 'I'HT,] BOAITI) OF COUNTY COMNIISSIONERS, COLLIf,R COUNTY, FLORIDA, APPIIOVING AND AT]THORIZIN(; I1'S CHAIIIMAN TO EXECUTE AMITNI)MENT NO. 2 TO THE SECTION 5339 PUBLIC TRANSPORTATION GRANT AGREENlEN'I' 439255-I-94.2] CON'TRACT NUMBER G2W58 SD-t 1'O I.]XPIRE, ON DECEMBER 3I. 2025 TO .IUNE 30, 2026, AND St]I]NIIT AND REVISE ANY ALL SUPPORTINC DOCUMENTS AND ASSIJRANCES RELATED TO SUCH AWART) I{ELATING TO THE STATI' OI' T'LORIDA DEPARTNIENT OF TRANSPORI'A'TION FOR GRANT FUNDING TO PLRCIIASIi A REPLACEMENT BUS AND EQUIPMI,]NT FOR THE RURAL SERVICE AREA. WHEREAS, on April 9,2024. the Board of County Commissioners ("Board") adopted Resolution No.2024-52, accepting and authorizing its chairman to execute a Section 5339 Grant Award lronr the Florida Department of 'fransportation under Grant Agreement 439255-l-94-23, contract number G2W58. dated April 16, 2024. in the amount of $715.027 (thc "Agreement"), relating to the purchase of a replacement bus lor the rural service area; and WHEREAS, the Florida Department of 'l ransportation and the Board r.r,ish to amend the Agreement to purchase additional equipment with remaining grant funds ("Amendment No. l")l and WHEREAS, the Board finds the Amendment No. I to the Agreement is in the public interest and benefits the citizens of Collier County; and WHEREAS, the Florida Department of Transportation and the Board wish to modif.v the Agreement to extend the end date ofthe Agrecment to June 30.2026 ("Amendment No. 2"). NOW THEREFORE, tsE IT RESOLVED by the Board of County Commissioners ol Collier County, Florida, that: The Board hereby approves the Amendment for Extension of Public Transportation Grant Agreement G2W58 to extend the term to June 30, 2026, and authorizes its Chairman to execute. submit. and revise any and all documents required in connection with the Federal Transit Administration Section 5339 Grant Arvard including. but not limited to: (a) executing the amended Public Transportation Grant Agreement 439255-l-ga-23; (b) accepting and executing any required certifications and assurances and all supponing 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 belor.l the target ar.lard rcfbrenced in the Section 5339 grant application. and (d) the fixed route public transit operating services in the Rural Service Area and otheru'ise authorizing the expenditure ofgrant f'unds pursuant to the grant awarded, unless specifi cally rescinded. 2. 'l'he Collier County Clerk is directed to forward a certified copy of this Resolution along with the Amendment No. I to the Agreement for execution by FDOT. 3. This Resolution shall take ell'ect inrmediatcly upon adoption Page 1 of 2 Page 3905 of 9661 THIS RESOLUTION ADOPTED aflter motion, second and majority vote lavoring same. this _ day ol'_, 2025, ATTEST: CRYSTAL K. KINZEL, Clerk Bv: , Deputy Clerk Approv .le ffrey County Attorney BOARD OF COUNTY COMMISSIONEI{S OF COLLIER COUNTY. FLORIDA Bun L. Saunders, Chairman Ilv t)' II Pagc 2 of 2 Page 3906 of 9661 Docusign Envelope lD E788A898-80E5-4630-8A78-E096E33F31E8 STATE OF FLORIDA OEPARTMENT OF TRANSPORIATION AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT STRATECIC OEVELOPMENT occ 0a19 OAIEt 10t112025 TO: Collier Countv Board of County Commissioners FRO M: Victoria U otheorove. SUBJECT: Time Extension CONTRACT NUMBER: G2W58 AMENDMENT NUMBER: 2 FINANCIAL MANAGEMENT NUMBER: 439255-1-94-23 The Public Transportation Grant Agreement ("Agreement") between the Florida Department of Transportation ("Department") and Collier Countv Board of Countv Commissioners ("Agency'), dated 411612024, is scheduled to expire on the 31 day of December, 2025. The Agency requests an Amendment of the Agreement, to extend the end date of the Agreement to the :39 day of 06, 2026, for additional time to complete the Project for the following reasons to allow additiona time to Drocure. order and install the additional ro ment that was added to the PTGA throuoh an amendmenteou executed on May 29,2025 The Department agrees to the requested extension of the Agreement. All of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. lN WITNESS WHEREOF. the Parties have executed this Amendment on completed by Department). (to be AGENCY Collier County Board of County Commissioners STATE OF FLORIDA. DEPARTI,IENT OF TRANSPORTATION By: Name Title: and legality By: Name Title: Nicole E. Mills, P.E Oirector of Transportation Development STATE OF FLORIDA, DEPART[/ENT OF TRANSPORTATION e A Jeflrey A.; County Attomey Don Conway, Senior Attorney Page 'l of 1 Legal Review 1 u Page 3907 of 9661 RESOLLTTION NO.2025 - A ITESOLUTION B\' THE BOAITD OT' COUNTY CO]VINIISSIONERS, COLLIER COUNTY. FLOIIIDA, APPROVING AND AUTTIORIZING ITS CTIAIIT]IIAN TO EXECUTE AN AMENDMENT TO T]XTEND THE SECTION 53IO PUBI,IC TILANSPORTAI'ION GIIAN'I AGREEME:\IT FPN 1488I0.I-94.23 CONTT{-,\CT NUMBER G2Y33 WITH THE STATE OF FI,ORIDA DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDING TO PURCHASE, T'OUR REPLACEMENT BT,SES, RADIOS AND'I'ABI,[,TS TO SUPPORT THtr PARATRANSI'T SERVICE. WHEREAS, the State of Florida Department of Transportation (FDOT) is u'illing to enter into a Section 53 10 Public Transportation Grant Agreement (the ''Agreement") u,ith Collier County. wherein FDOT will reimburse Collier County up to the sum ol $721 .687 (Seven Hundred and Twenty-one Thousand and Six Hundred and Eighty-Seven Dollars) to purchase four replacement buses, radios and tablets to support the Paratransit service (FPN 448810-l-94- 23): and WHEREAS, the Collier County Board of County Commissioners finds that the Agreement is in the public interest and benefits the citizens ol'Collier County: and WHEREAS, the Florida Department o l' Transportation and the Board rvish to modil.v the Agreement to extend the end date ofthc Agreement to June 30,2026. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners ol' Collier County. Florida. that: The Board hereby approves the Amendment for Extension of Public 'I'ranspofiation Grant Agreemenl G2Y33 to extend the term to June 30,2026, and authorizes its Chairman to execute. submit, and revise any and a.ll documents required in connection with the Fcderal Transit Administration Section 5310 Crant Award including, but not limited to: (a) executing the amended Public TransporraLion Grant Agreement 4488I 0-l-94-23'. (b) accepting and executing any required ceftificalions and assurances and all supporting documents related to the Section 5310 grant awarded to dre Counr)- (c) approving all necessary budget amendments to receive and usc grant dollars receivcd above or below the target award referenced in the Section 5310 grant application, and (d) the Paratransit sen'ices in the Rural Service Area and othernise authorizing the cxpenditure of grant f,urds pursuant to the grant awarded, unless specifically rescinded. 2. Board approves and authorizes its Chairmiur to sign the Amendment I perraining to FPN 448810- l-94-23, as well as any required certification and assurances related therewith. 3. The Collier County Clerk is directed to forward a certified mpy of this Resolution along rvith the Ageement for execution by FDOT. 4. This Resolution shall take effect immediatell, upon adoption. Page l of2 Page 3908 of 9661 THIS RESOLUTION ADOPTED alicr motion. second and majority vote lavoring same. this _ day of 2025. A'I'TEST: CRYSTAL K. KINZEL. Clerk B)': BOARD OF COTJNTY COMMISSIONERS OF COLLIER COLTNTY. FLORIDA Burt L Sauders. Chairman By . Deputy Clerk rm and legality: .letiiey County Attorney Page 2 of 2 Page 3909 of 9661 Doc!sign Envelope lD: 988680EE-5445-442C-9E82471 14802039E STRATEGIC DEVELOPiVENT oGc 0?J19 The Public Transportation Grant Agreement ("Agreement") between the Florida Department of Transportation ("Department") and Collier Countv Board of Countv Commissioners ("Agency"), dated 512912024, is scheduled to expire on the 31 day of December. 2025. The Agency requests an Amendment of the Agreement, to extend the end date of the Agreement to the :Eq day of June, 2026, for additional time to complete the Project for the following reasons: to allow additional time to orocure. order. and install the eouioment ne ded to put the four buses deliverino in December of 2025 into service The Department agrees to the requested extension of the Agreement. All of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. lN WTNESS WHEREOF, the Parties have executed this Amendment on completed by Department). (to be AGENCY Collier County Board of County Commissioners STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name Title: form and legality N cole E l\,4ills P.E Direclor of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review:e itJcffrcy A.County Attomey Don Conway, Senior Attorney Page 1 of 1 SiATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT By: Name: Title: OAf E: 101112025 TO: Collier Countv Board of Countv Commissioners FROM: Victoria Uotheorove SUBJECT: Time Extension CONTRACT NUMBER: G2Y33 AMENDMENT NUMBER: ] FINANCIAL MANAGEMENT NUMBER: 448810-1 -94-23 1 Page 3910 of 9661 RESOLUTION NO. 2025 - A RESOLUTION BY THE I}OAIID OF COUNTY COMMISSIONERS, COLLIF,R COUNTY, T'LORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO EXECUTE AN ANIENDME:\IT TO EXTEND THE SECTION 53IO PUBLIC TRANSPORTATION (;RANT AGREEMENT FPN(s) 151117-l-94-22, 431147-2-94-22 and 451 l,17-3-94-22 CONTRACT NUMBER G2Y74 WITII TIItr STATE OF FLORIDA DEPARTMENTOF TRANSPORTATIoN FOR GRAN'I' F'UNDING TO PURCHASE THREE REPLACEME,NT I]USES, IIADIOS AND TAI]LETS TO SUPPORT THE PARATRANSIT SERVICE,. WHEREAS, the State of Florida Department ol Transportation (FDOT) is willing to enter into a Section 5310 Public Transportation Grant Agreement (the "Agreement") with Collier County, wherein FDOT will reimburse Collier County up to the sum of $567,488 (Five Hundred and Sixly-Severi Thor.rsand and l'our Hundred and Eighty-Eight Dollars) to purchase three replacement buses, radios and tablets to support the Paratransit service (FPN(s) 451147-1-94-22. 4 5 I 1 47 -2-94-22 and 45 1 I 47-3 -94 -22): and WHEREAS, the Collier County Board of County Commissioners finds that the Agrcement is in the public interest and benefits thc citizens of Collier County; and. WHEREAS, the Florida Department of Transportation and the Board wish to modi$ the Agreemcnt to extend the end datc ofthe Agreement to June 30.2026. NOW THEREFORE, BE IT RESOLVED by the Board of Countl Commissioners ol Collier County, Florida, that: The Board hereby approves the Amendment lbr Extension of Public Transporlation Grant Agreement G2Y74 to extend the term to June 30. 2026, and authorizes its Chairman to execute. submit, and revise any and all docunrents required in connection w'ith the Federal Transit Administration Section 5310 Grant Award including, but not limited to: (a) executing the amended Public Transportation Grant Agreement 451 147- I -94-22,451147-2-94-22 wtd 451147-3-94-22; (b) accepting and executing any required certiircations and assuances and all supporting documents related to thc Section 5310 grant awarded to the County (c) approving all necessary budgct amendments to receive and use grant dollars received above or below the target award refbrenced in the Section 5310 grant application. and (d) the Paratransit senices in the Ruml Service Area and otherwise authorizjng the expenditure o1' grant lunds pursuant to the grant aw,arded" unless specilically rescinded. 2. Board approves and authorizrs its Chairman to sign the Amendment 1 pertaining to FPN(s) 451147-1-94-22. 451147-2-94-22 and 451147-3-94-22), as well as any required certification and assurances related therewith. 3. The Collier Coutty Clerk is directed to forward a certified copy of this Resolution along with the Agrcement fbr execution by FDOT. Pagc I o1' 2 Page 3911 of 9661 4. 'fhis Resolution shall take eil'ect immediately upon adoption. THIS ltESOLU'tlON ADOPTIID altcr motion. second and nrajoritl r,ote thvoring same, this _ day of 2025. A1''IEST: CRYSTAI, K, KINZEI,, CICTK I31 : , I)eputy Clerk Appro Iegality: Jelliey Counly Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Bv: Burt L. Saunders. Chairman itlIlL Page 2 ol' 2 Page 3912 of 9661 Docuslgn Envelope lD 1F63618A-5SA5-4481-8874-C64C3AED2C5O SIATE OF FLORIOA OEPARTMENI OF IRANSPORTAI]ON AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT OEVELOPMENT occ ozr9 The Public Transportation Grant Agreement ("Agreement") between the Florida Department of Transportation ("Department") and Collier Countv Board of Countv Commissioners ("Agency"), dated 611412024, is scheduled to expire on the 31 day of December, 2025. The Agency requests an Amendment of the Agreement, to extend the end date of the Agreement to the :30 day of June, !p!Q, for additional time to complete the Project for the following reasons to allow additional time for the deliverv of three buses and orocure orde r, and receive the necessary eouioment needed to put the buses in service once th h b n 5 The Department agrees to the requested extension of the Agreement. All of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. lN WITNESS WHEREOF, the Parties have executed this Amendment on completed by Department). (to be AGENCY Collier County Board of County Commissioners STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name Title: End lcgality By: Name Title: Nicole E. Mills P,E Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review:e Don Conway, Senior Attorney 1 t( Jeffrey A.County Atlomey Page I oi 1 OAIE:1011120?5 TO: Collier Countv Board of Countv Commissioners FROM: Victoria Uotheqrove. SUBJECT: Time Extension CONTRACT NUMBER: G2Y74 AMENOMENT NUMBER: ] FINANCIAL MANAGEMENT NUMBER: 451147 -1-94-22, 451147 -2-94-22, 451147 -3-94-22 Page 3913 of 9661 I{ES()t.IrTION NO. 2025 - A I{I]SOLIITION BY TIIE BOAII.D OF COUNTY COMMISSIONI,]RS, COLI,IER COUNTY, FT,OITIDA, APPROVING AND AUTHORIZING ITS CIIAIRMAN TO EXECTiTE AN AMENDMENT TO EXTEND THE SE,CTION 53IO PUBLIC TRANSPORT,4-I'ION GRANT A(;REEMENT FPN 44It8IO.I.94-02 CONTRACT NUMBER G2Y32 WITII THE S]'A'I'E OF FLORIDA DEPARTMENT OF TRANSPORTATIoN FOR GRANT I'T]NDING TO PURCIIASE THRE,E REPLACEMENT BUSES, RADIOS AND T,{BI,[,TS TO SUPPORT THE PARATRANSIT SE,RVICE. WHEREAS, the State of Florida Dcpartment of Transportation (FDOT) is willing to enter into a Section 5310 Public 'f ransportatiol.l Grant Agrecment (the "Agreement") with Collier County. wherein FDOT rvill reimburse Collier County up to the sum of$405.932 (Four Hundred and Five Thousand and Nine Ilundred and 'l'hirty-Tr.r'o Dollars) to purchase thrcc replacement buses, radios and tablets to support the Paratransit service (FPN 448810- 1-94-02): and WHEREAS, the Collier County Board of County Comrnissioners llnds that the Agreement is in the public interest and benefits the citizens of Collier Ciountl,: and WHEREAS, the Florida Depafiment ol Transportation and the lloard wish to modif_v the Agreemcnt to extend the end date ol'the Agrecmcnt to June 30.2026. NOW THEREFORE, BE IT RESOLVED by the Board ol County Comrnissioners ol Collier County, Florida, that: 1. The Board hereby approves thc Amendment for Extension of Public Transponation Grant Agreement G2Y32 to extend thc term to June 30.2026, and authorizes its Chairman to execute. subrnit, and revise any and all documents required in connection with the Federal Transit Administration Section 5310 Grant Award including, but not limited to: (a) executing the amended Public 'lrarsportation Grant Agreement 448810-1-94-02; (b) accepting eurd executing any required ce(ifications and assurances and all supporting documents related to the Section 5310 grant arvarded to the Counqv (c) approving all neccssary budget amendments lo receive and use grant dollars received above or belorv the target award referenccd in the Section 5310 grant application, and (d) the Paratratrsit services in the Rural Service Area and otherw,ise authorizing the expenditure ofgrant lunds pursuant to the grant awarded, unless specilically rescindcd. 2. Board approves and authorizes its Chairman to sign the Amendment I penaining to |PN 448810- 1-94-02. as well as any requircd certification and assurances related therewith. 3. 'lhe Collier County Clerk is directed to forward a certified copy of this Resolution along with the Agreement for execution by FDOT. 4. This Resolution shall take eft'ect immediately upon adoption. Page I of2 Page 3914 of 9661 I'HlS RESOLUTION ADOPTEI) alier motion. sccond and nrajority'volc thvoring same. this _ da1' of 2025. AT'I'EST: CRYS IAL K. KINZEL, Clerk By: . Deputy Clerk Approved ality: Jeffiey A . Count) Attorncy BOARD OF COI,]NTY COMMISSIONERS OF'COLLIER COLIN] Y. FLORIDA By: Burt L Sauders. Chairman a o Page 2 of 2 ll-1, Page 3915 of 9661 Docusign Envelope lD: F83F6FEF-0503-4FE0-88A7-0CBC5Ec955A0 STAIE OF fLORIDA OEPARIMENI OF TRANSPORTATION AMENDMENT FOR EXTENSION OF PUBLIC TRANSPORTATION GRANT AGREEMENT STRATEGIC OEVETOPMENI occ 0zlr OATE: 101112025 TO: Collier Countv Board of C ntv Commissioners FROM: Vrctoria Uptheqrove, SUBJECT: Time Extension CONTRACT NUMBER: G2Y32 AMENOMENT NUMBER: 1 FINANCIAL MANAGEMENT NUMBER: 448810-1 -94-02 The Public Transportation Grant Agreement ("Agreement") between the Florida Department of Transportation ("Department") and Collier Countv Board of Countv Commissioners ("Agency"), dated 611412024, is scheduled to expire on the 31day of Oecember, 2025. The Agency requests an Amendment of the Agreement. to extend the end date of the Agreement to the :90 day of 06. 2026, for additional time to complete the Project for the following reasons: to allow additional time to Drocure, order. and install additional eouiDment needed to out the three buses received Februarv 2025 into service.. The Deparlment agrees to the requested edension of the Agreement. All of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. lN WTNESS WHEREOF, the Parties have executed this Amendment on completed by Oepartment). (to be AGENCY Collier County Board of County Commissioners STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name TiUe: By: Name Tifle:Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review:eand legality 1 lq Jcffrey County Attomey Page 1 of 1 Nicole E. l\4ills, P E Don Conway, Senior Attorney Page 3916 of 9661