Resolution 1999-266 AEXtllBIT C
RESOLUTION NO. 99-
.X RES(')LUI'ION OF THE COLLIER COUNTY B()..\RD OF
COUNTY COMMISSIONERS (APPLICANT).
14EREINAFTER BOARD. AUTH'ORIZING TIlE FII. ING OF A
TI:LANSPORTATION DISADVANTAGED TP. UST FUND
GRANT APPLICATION wrl'H THE FLORIDA
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED. .c~,~ ~ ~ I
tl'lterea.s, this BOA. RD has the authority to tile a Transponam)n l)isadvanLaged Trust Fund
;rant Application and to undertake a tr~s~flation di~dvan~ffed se~'ice proiect ~ authorized by
~cclion 427.0150. I'lorida Statutes. and Rule 41.2. Florida Administrative ('ode;
NOW, TllERI.;I:OiiE, lie IT RESOLVED hy Ihe Collier {.',,unt.~ Hoard of County
'ommlssioner~ that:
I. {'he BOARD ha~ the authority, to file this grant application.
The BOARD authorizes Pamela S. Mac'Kie. Chaim'oman to file and
execute the application on behalf of the Collier County Board of County
Commissioners ~,ith the Florida Commission for the Transportation Disadvantaged.
The BOARD'S; Registered Agent in Florida is David '¢,"ei~l¢l. County txttqmev
The Registered Agents address is .13OI Eas~ Ta_miami Trail, Nap[e';, F orida, .3-1112
Ihe BaAl,rD a,thorizcs Pamela S. Mac,Kit. Chair\roman ~o ~ign any and all
agreements ,,r contracts ,,vhi.ch are required in connection ~'.~lh the apphcation.
'['he BO.,\RD authorize.,, Gavin Jones lo sign any and all assur;,nces, reimbursement
in~mces. ~,,an'anl~cs. ¢crtH]cat~ons and any olher documents ~,.hich may be required in
¢onnecthm with the application or subsequent agreements.
I)I.'I.Y P.&SSED ANI) ,\D(.~PTF.'D FI IIS~J;~-~
\ 1 'I1..~T
I)\VI.(;III' I'L BRt}t K. t I.FRK
iran[ ,Xppl~¢almn Pa.~¢ 4
1 A9
Transportation
Disadva_nta~e__d
Jeb Bush
Governor
Peter Gianino
Chairperson
Kenneth R. Fischer
Vice Chairperson
Jo ,Ann Hutchinson
Executive D/recfor
June 29, 1999
Mr. Gavin Jones
Naples Metropolitan Planning Organization
2800 North Horseshoe Drive
Naples, Florida 33964
Re: Trip/Equipment Grant Agreement
Dear Mr. Jones:
Attached are four copies ora grant agreement providing for Commission for the
Transportation Disadvantaged participation in the above referenced project
Please execute and return ali four copies of the agreement per the attached
checklist.
DO NOT DATE THE AGREEMENTS.
If you have any questions, please call me at (850) 922-7279,
Sincerely,
Region 4.J~vlanager
Enclosures: Checklist
Agreements (4 copies)
cc: file copy
32399.0450 · Phone: 1tiS0) 488.6036 · Toll.free: 1800) 983-2435 · TOD only: ~8001 6,18-6084 · Fax: ~8501 922.7218
www.dot.state.fl.us~ctd
16/19
COMMISSION FOR TIlE TIG'~NSPORTATION DISADVANTAGED
GRANT AGREEMENT CHECKLIST
Please use this checklist on all Grant Agreements, Supplemental Grant Agreements, and
Agreement Termitlations to insure validio' of the Agreement.
1. Original signatures must appear on at least one copy of the agreement.
Be sure authorized parties type or neatly print titles and names on all copies to
insure clarity.
o
Be sure to include a resolution or certified minutes from the agency authorizing
signing of the agreement by an individual. The resolution must have original
signatures; the minutes must be certified copies, The current grant
application includes a sample resolution (Exhibit C of the application).
Signatures on the agreements must be attested to by one affirming official and
sealed (corporate or notary seal). Resolutions or certified minutes should also
be sealed and attested to.
5. Do not fill in any dates on the agreements.
6. Return the four signed copies for further processing to:
Commission for the Transportation Disadvantaged
605 Suwannee Street, Mail Station 49
Tallahassee, Florida 32399-0450
We will mail you a copy of the agreement after the Commission for the
Transportation Disadvantaged has executed it.
Do not incur costs against this project until the Commission for the
Transportation has executed this agreement and you have the notice to proceed
from the Commission for the Transportation Disadvantaged.
Rev. 1/24/}$
16 9
NAPLES (COLLIER COUNTY)
METROPOLITAN PLANNING ORGANIZATION
DEVELOPMENT SERVICES CENTER
2800 North Horseshoe Ddve
Naples, Florida 34104
(941) 643-8300
Suncom 723-8300
Fax (941) 643-6968
BOARD OF' COUNTY
COMMISSIONERS
NAPLES Gl'FY COUNCIL
FLORIDA DEPARTMENT
OF TRANSPORTATION
July 13 .1999
Ms. Jo Ann l lutchinson
Executive Director
Florida Commission tbr the Transportation Disadvantaged
605 Suwannee Street, MS-49
Tallahassee, FL 32399-0450
850-488-6036
Re: Trip and Equipment Grant Agreements for 1999-2000
Dear Ms. Hutchinson:
Enclosed please find four original copies of thc Trip and Equipment Grant
Agreement for 1999-2000. Collier County will appreciate one original for
thcir files when the)' have been executed.
Thc authorizing resolution was transmitted to you with the grant application
with a June 25, 1999 cover letter.
If'you have an)' questions, please call mc.
Yotfrs Truly,
/
Gavin Jones. P.E.. Transportation Planning Manager
C.C.
Robert Mulhere. AICP, Planning Services Director
John Limbaugh. Intergovernmental Liaison, FDOT Ft. Myers off, ce
Fran Thebcrge. Transit Project Coordinator. FDOT Ft. Myers office
Julia Savage. l,ocal TD Program Manager. Southwest Florida
Regional Planning Council
I I.lchlnson J Iransmi! %~-00 granl agrcccments
"- 16A9 -
SAMAS Approp: 08.~L4.6 Ft,'~d: ............. :IJO'!rF .__ FM/Job No(s).:._20724618401
SAMAS Obj.: 79_0_~6 Ftmction: ..... 035
Org Code: ____ 55~_ ~12_0.0_0(_)_.9_52__( 'onlrac[ No. :_.J~t-,C~'..-! ! Vendor No.: ..... 596-000-558-107
I:I.,ORIDA CO51NI ISSION FOR T! IE TI/ANSPORTATION DIS:\I)VANTA. GED
TRII' & EQi~IPNIENT (;RANT AGREEN'IENT
Tt lis AGRF, I:,N1F. NT. made and entered into Ii,is J ci't"'_, day of T'~c,t ~ 1~1(1. by and
between thc S'I'ATt(()F FIX)RIDA COMMISSION FOR THETRANSPORTAI'ION I)ISADXA. FA(,ED.
created purstmnl to ('}mpler 427. Florida Statutes, hcrcinalWr called the Commissitm and_ Collier County Board
~gCout]b: ('0m!~a!tcrs~,~[_]3u~[X~JSa~, Nil~!lorida 34112 hereinalic~ called thc Grantee
WIT N I: $ S I: T II.
WHERF,:\S, the Grantee has the authority to enter into this Agreement and to undertake thc Project hcreinafier
described, a~(I the Commnission has been granted ~l~e authority Io uso Transportation I)isadvantagcd Trust Fund
moneys to subsidize a portior~ of a Iranspotlali{m dJsacMmtagcd person's lransportalion costs which is not
sponsored by an agency, and/or capital equipment pt~t'cJmscd for tim provision of non-sptmsored trallsportalion
services and other responsibilities idc,lilMl in ('}mptcr .127. Florida SlaltllCS or rules ti~crcoF,
NOW, l'l IF.I,LI!F()I(15. in considcratior~ of thc mt,tual covcnanls, promises and represenlalions herein, the parties
agree as follo~vs
1.00 I'url~OSe of 3, greemc,t: Thc purpose oF thi., ..\grccmcn! is Icl
Prt~vidc n(m-sp(ms{~rcd lral~sporlali{m trills and:or capilaJ equipment to the non-sponsored transportation
disadvantaged in accordance with the Transpoilation l)isadvantaged Trust Fund i. Chapter 427. Florida
Stalutcs, Rule .l I-2, f:lt~ricla Administrative Code. Commission policies, thc Application and Policy Manual
thc Trip & I]quipment Grant For non-sponsr,red trips and/or capital equipment as Fevised on Nlarch 31.
1999;
and as further described in ['~xhibit(s} A. B. (' attached herum and by this reference made a part hereof, hereinafter
called the Project: and, to i)rovide Commission n(m-spo,sored financial assistance to lt~c (}rantee and state the
lerms and conditions upon wi~ich such non-sponsored financial assistance will be provided ;tnd the understandings
as to the manner in which the PrQject will be undeFtaken and completed
Trip & J:quir, nlcnl (}r;mt Agrcc.le.I 1'~99 200~
h,rm Rev 5 19 ')9
2.00 /,,ccomplishmenl o£ Ihe I'rojecl:
2.10 (;cneral Re¢l.iremcnls: Thc (h'amcc shall commence, and complctc~hu I'rqjcc~ as described
Exhibit "A" wifl~ all pr~ctical dispalch, in a s~m,d, economical, and cflici~nt manner, and in accordance with
the provisions herein, and all applicable
2.20 i'ursu:{nt lo Federal, ~t;lle., ~111(| l.oc:d l.au,: In The c'..'cnt that any ebz¢t[on, ~cl',..'rendum, appl~',al.
permit, m~licc, or other p~occcding m' auth~mzalion is requisite under applicable law lo enable Ibc Grantee
t~ cnlu~ inl~ this ,,~g~cu;ncnl or to undertake lhu I'n,jcct hereunder, or Io obscrvc, a>~t.nc or carry out any
of'thc provisit)ns ol'lhc Agreement, thc Grantee will initiate and consummate, as prtwidcd by law. all actions
2.3(I l,'.nds of the (;ra.tce: The (iia.tec shall initiale and prosecute lo completion all proceedings
2.40 .'qul)mission of I'rocecdi.gs. (;a.tract.,, ami ()ther l)ocuments and Products: 'Ibc (3rantcc shall
submit to the ('ommission such data. reports, records, co.tracts, certificatio.s and other financial or
operational doctm~cnts or products relating to the I'ro.jcct as the Commission may require under this
agreement including lhose listed in l(xhibit "C" Failure by the Grantee to provide such documents, or
provide other documents or products rctluircd by prcvit~us agreements between thc Commission and thc
(}ranlcc. may, at thc Commission's discretion, rcsuh in rcfBsal lo reimburse project Ihmls
2.5fl I]~corlmralicm bv Reference: Thc (ir;inlet and C(mmfission agree th;~t tw entering into lhis
Agreement, Iht par~ics explicitly incorp~ratc Iw roil'ronco into this Agreement thc I~x¥ a.d proxisions of
('hi~plc~ .127. I:lt,'itli~ Statutes, Rule-11-2. l:h,~ida Atlministrativc ('ode. and thc ,,Xiq~lication and Policy
Niant~al fbr thc Trip & [(quipmcnt (it'ant. as revised tm March 31, IOq9
3.00 Tot:il i'rojecl (.;()st: The total estimated cost of thc I'rt!ject is S 3~8,093,00 . This amount is based upon
thc estimate summarized in I~xhihit "IV' and hv this rc~Z'rcncc made a part hereof Thc (h-antcc agrees to bear all
expenses in excess of thc ~(,tal cstm~alcd c~sl ofti~c Prqicct and any deficits h~volvc(l, including any deficits revealed
by an audit pcrfi,rmcd in accortlancc with Afl]cie 11 f~l~ hereof after ctmlplclion of thc i~,o. jccl
4.()¢} Commissio. I'articipalim]: Thc ('omm~,,sitm asr'cos Io maximum participation, including contingencies, in
thc Project in thc ~LlllOLIIII O1'$ 358,284,()() _ as detailed in [:xhihit "B", or in an alllOllllt CqtiaJ tO thc percentage(s)
off total actual prq}ccl cost shown in Hxhibit "B" x~hichcvc~ is less
4.10 Eligible ('osls: Trip and I':qmpmcnl (bant Funds, derived exclusively fi'om the Transportation
Disadvantaged 'l'rusl Fund, may only bc used by thc ('ommission and Ibc Grantee to subsidize a portion of
a transpo~ati(m (lisadxantagcd person's lransp~tlali(m c~sls which is not sponsored by any other agency, and
then (mir ifa m~ltch, as spccilScd in thc Application and l'olicv Mallua[ For thc Trip and l{quipmcn't (;rant, is
4.211 Eligible I'rojec! EXlwmlitures: l'rqicct costs eligible [hr State participation u,'ill bc allowed only from
thcctatcofthis.,\grccmcnt It is tmcterst(~od that State participation in eligible project costs issul*,ject to:
Form Re',. 5 19 ~)~)
5.00
6.OO
?.00
4.3O
1¢A9 -
a) Thc undcrslanding thal dislmrsemcnt of filnds will be made in accordance with Ibc Commission's
cash fi~rccast.
b) Availabililv of Ikmds as sla~cJ m ..M~cle 17()0 of this Agreement:
aulhorily becomes available.
d) fiubmiss~on of ali ccrlificatbns. {nvo{ccs, dora{led supporlin~ doct~mcnlali(m, ot other obligal{ng
documents and all olhcr terms of this a?ccmcm.
Fronl End l:un(lin~: f;ront end furldhig is not applicable
Retainage: Retainagc ix not applicable
i'roject lhldgel a,d I)isbursement Schedule:
6.10 The I'rojerl lh.lgel: Thc (h'anlcc shall nlailltain thc ('Omlnl.~.,l~ appl~cd I'l{~.iccl Ih.tgct. a~ Scl
forth in Exhibit "11". carD' otll thc Project, and shall incur obligations againsl ami make disbursements of
Project tim(ts only in c{mtbrmilv with thc latest approved budget tbr Ibc Project Thc budget may bc revised
periodically, but m, budget revision shall bc cflL'ctivc .nlcss it complies with fired parlicipalion requirements
established in Article 4 O0 oflhis Agreement and is apl)loved itl writing by Ibc ('ommission Any budget
reGsion which changes the fired paflicipation requirements established in Article 4 (,) of this agreement shall
not be efta'clive tmlcss appr{wcd in wrhing by thc ('ommission and thc Florida Depart taunt of Transportation
Comptroller
6.20 Srhedule of Dislmrsemcnls: '[ he (,rantcc shall abide by thc ('ommixsk.n approved disbursements
schedule, contained in I{xhibil "B". This schedule shall show cstimalcd disbursement ot' ('ommission fimds
fi~r the entire tcm~ of Ibc Project by m{mfl~ or quarter of thc fiscal year in accordance ~x ilh Commission fiscal
policy. The schedule may be divided by Projccl phase where such division is determined to be appropriate
by the Commission Any significant deviation from thc approved schedule in Exhibit "B" requires advance
submission of a supplemental schedule by thc agency and advance approval by thc Commission
Reimburscnmnt tbr thc Commission's share of Ikc project shall not be made fi~r an amotult greater than the
cumulative total up Io any given monlh as indicated in thc disburscmcnl schedule in ILxhibil "B"
Accounlin~ Records. ,\udils and Insurance:
7.10 Eslalflishnlenl and Maintenance of Arrounlin~ Records: The (irantcc shall establish fi~r the
Projccl, in ccmfi~rnlitv with the latesl current unifi~rn~ rcquircmenls established by ti~e ('ommission lo facilitate
the administration off,he non-sponsored financm~ program, eilher scparale accounls Io be maintained within
ils cxisling acc(ranting system, or establish independent accounts Such non-sponsored financing accounts
arc referred to herein collectively as lhe "Prq~ecl Account" Thc Project Account. and dc~ailed documentation
supposing the l'rqject Accotml, must be made available upon request, without cosl. to the Commission any
time during thc period of the Agreement and tbr five vcl. s after final payment is made t. if any audit has been
initiated and audit Iindings t~ave not bccn ~cs{~Ix cd at ~hc end of five years, the rocor'ds shall be retained until
resolution of thc audit findings
]'rip & Equipmcnl ( Mll'fl Agl,:crncnt lq')'l 2000
Form R¢~. 5'1~) 99
P~ge 3 ,q' I S Paec~
7.20 Fu,.Is i~.cceivcd f)r Made Availahle fl~r The Projecl: Thc Grantee shall approprialely record in
Projccl Accouter. and deposit in a hank or trust c~m~p;my which is a member of thc Federal Deposit Insurance
('(~rp(~tati(m. all n(m-sp~m~orcd Iran~p~l;~titm [~il}'lllurlJ5 received by it IYOrll t}l~ ('(~t~lIHi~SioH purNuanl to this
A~rcemcllt ;111(l fiji other funds provided fi)r, accmirls to, or otherwise received o11 accOtHll of thc l'rojccl,
which ('ommJssion paymcnls and other fimds arc hcrcin collcctivcly referred 1o as "l~rojccl Funds" Thc
Grantee shah rc(illJrC depositories ofl)rojecl Ftmd~ Io soctlrc conlinuousJy and fully all Project Funds in excess
ortho ~llllOLIIII~ insured tmde~ Federal plil115, or Lllldcr SJalg plans which have I)ccn apprt.vcd for Ibc
o~ [~rt~ic'c[ fun(is t~v thc ('0ii1111ig~ioI1. J~ thz' dCJX~Sit or scttin.g aside ofcollateral of Ibc l)pcs and in thc manner
7.3(I ('.sis Incurred f. rfhel'ro, jecl: lhe(iT,Inlcc~.hallchar~ctnthcPro, jcci ..k~,,,;~nt~mlvdi?Nccost~
reqtJircmcnls ol'this ,'~greelllelll, shall mq hc c.n>idefcd eligihle costs
'7.40 l)~wumenlalion of Pro.je¢l ('nsp,: All c.sts charged to thc Project, includin~ ;my approved services
cor~trihulcd by lilt (~rillllce or olhcrs, S}l;l]] I)c st~pporlcd hv properly executed payrolls. Illlle records, invoices.
conlracls, driver's manit~sls, voucher,, vehicle zillcs. ;md detailed stlpporlin~ (h~cumcnlalitm cvidcncin~ in
proper detail thc n[lltlrc and proprich' .f Ibc charges Records nlusl he kepi lo ~h,~k how Ibc vMuc placed
on third parly Ir[msactmns was derived
7.50 (]wcks. ()r(lers. ami Voucher',: Any check (,r t,clcr draxvn hv thc (;ranlcc x~ ith rc~pccl h~ any
item which is or will I~c char~cahlc ~ainsl Ibc I'ro. jcc~ .,~ccotllll will he ctra~n onlx in accor'dancc x~ilh a
properly si?cci v~uchcr lhCll oll file in ibc off]cc tffthc Grantee surfing in proper detail thc purpose for
which such check (~r (,'clef is clrawn All chcckh, paFrolls, invoices, conhacls. VOllChcr~. orders. (~r other
accounling d(~cumcnls pertaining in whole or in parl t~ lilt Project shall be clcark idcnlified, readily
accessible, within thc Grantee's cxistin~ ;tCCOtJntin~ sxMem, and. t(~ the extent fca,tide, kept separate and
apart l?om all other such dt~cuments
7.60 Audit i,lel)orts: Thc (irantcc shall provide t'~r each of its fiscal years For which Ibc Project Account
remains ope,. an audit rep()~ prepared cithcr hv ils official auditor or audit agency ()l ar1 independent certified
public accountam, reflecting the use of the non-sponsored Iransportation fimds of Ibc Commission.
Grantee. and those tYom any other source with respect m the Project Audits shall bc conducted under
guidelines of thc t%tcd Stales Office of Management ired Budget (O~IB) Circular A-133, Seclion 216.349.
Florida Sl~llules. and ('hapter 10.600. Rules of lhe Auditor (;cneral For (irantcc fiscal years I,c~inning
on or before June 3iL I0~)8, thc reporting packages and (hlla collection t~rnls shall l~c submitted to ~he CTD
regional manager t~v ~he Grantee within thc earlier of.lO days after thc receipt of thc auditor's rcpom or 13
months after ibc end ~fflhe subrecipicnl's fiscal year For fiscal years I, cginning after June 30. 1998,
reporting I)ackagc> :md dala collection fi,'ms arc to be submitted within thc earlier of 3~) days after the receipt
of thc auditor's report, or 9 months after thc end oFthe Grantee's fiscal year For audits conducted only
under Section 216.349, Florida Statutes. thc report is Io be submitted within Ibc earlier of 30 days after the
receipt of thc auditnr's report, or 12 munths after the end of the Grantee's fiscal year The date the audit
report was ddivcrcd to the Grantee must be indicaled by lhe Grantee in correspondence accompanying the
audit rcp~n, t~r rcp,)rting package, and data collection form The Grantee shall follow up and take corrective
action (m audil finctinus OM B (;ircular A-133 fiirlhcr requires lhe preparation of a summam schedule of
t"urm Re', .S I') ')u
J'ilg¢ ,l ol I × I'a.ee,
prior audit findings and a ¢orreclivc action plan ~or currem year audit findings. Thc Gramee shall also require
auditors to determine compliance with Article 1200 and Paragraph 826. and I~xhibit "A", "Special
Considerations by Grantee .
7.70 Insurance: Thc Grantee shall car~' insurance on Project vehicles and Ctluipmcnt. and guarantee liability
for rninimurn covcrage as follows:
7.71 l,iabilitv: I.iability coveragc in an amount ofSl00,000foranvone(I)pcrson, S200,000per
occurrence at all times in which Project vehicles or equipment are engaged in approved prQiect
activities Thc (Jranlcc shall insure Ihat contracting Transportation ()peratot5 also maintain thc same
minimum liability instlrallcc, or all equal ?vcrnmcnta] insurance program
7.72 (;ollision: ('{~llisimL fire, thct't, and com[~rchcnsive coverage in any amotmt required to pay fi,
any damages to thc Pro.jeer vehicle(s) and equipment including restoring to its then market value or
replacement.
7.73 Property lnst, rance: The (;rantcc shall carry fire, theft, and comprehensive coverage property
insurance, with replacement cost value, on equipment, other than vehicles, purchased with
Transportation Disadvantaged Trust Funds
7.74 Olher Insurance: Thc abc,~.c ro, luired inst,rancc will be primary tt~ any olhcr insurance coverage
tlu~t may be applicable
8.00 Requisitions and l'aymenls:
8.10 Preliminar?' Action by the (;r:,ntee: In order to obtain any Transportation [)isadvantagcd Trust
Funds, the Grantee shall
8.11 File ss'ith the C'ommission £or the 'lransportalion Disadvantaged. 605 Sux~annee Street. Mail
Station 49. Taltahassce, Florida. 323o*;-0-150, its requisition on fi~rm or fk~rms prescribed by the
Commission, and such other detailed supporting documentation pertaining to ti~e Project Account and
the Project (as listed in Exhibit "('" hcreoO as thc Commission may require, to justilk' and suppon the
payment requisitions, invoices, and vouchers, including, at a minimum.
( I )the date the Grantee incu~ed project costs and equipment, vehicles or other property or services
associated ,.vith thc Project.
(2)a statement bv thc Grantee certifying that thc Grantee has acquired the property or se~'iccs.
(3)the actual consideration paid tbr the properly: and
(4)an attestation, on the titan or forms prescribed by the ('ornmissJorL from the head off the
Grantee. under thc penalties tfl' pcuur3.', that the Grantee has complied with the provisions of the
Grant ,,\grcemcnt The designated signatory of thc Grantee must sign the lbllowing attestation
which appears on all Commission form invoices and requisitions:
I certify, unctcr penahy of perjury, that the aforesaid listing is tree and correct, anti the
Agency has complied with the provisions of the Agreement.
Trip & Equipfncnl (;rani A,erecmcnt 1';9') 20On
Form Rev, 5"19 99
Page 5 of I g Page',
8. I2 Comply with all applicable provisions of this Agreement.
8.20 Thc Commission's Obligations: Subject to other provisions hereof, thc Commission ,.viii honor such
requisitions in amounts and at times deemed by tile Commission to be proper and in accordance with this
Agreement to ensure tile completion of thc Project and payment of the eligible costs. However.
notwithstanding any other provision of this Agreement, the Commission may give xvritten notice to tile
Grantee that it ,,,,'ill refuse to make a payment to the Grantee on tile Project Account it':
8.21 Misrepresentation: Thc (irantee has made misrepresentations of a material nature in its
application, or any supplement thereto or amendment thereof, with respect to any document or record
of data or certification t~m~ishcd thcrcx~ifl~ or pursuant hereto;
8.22 I.itigation: There is pendin~ litigation with rcspcct to thc pcrfi~rmancc by the Grantee of any of
its duties or obligations which may jeopardize or adversely afl, ct the Pmjccl. the Agreement, or
payments to the Project,
8,23 Required Sul)millals/(;erlific:~tions: The Grantee has failed or refi.~sed to provide to tile
Commission detailed documentation of requisitions or certifications of actions taken;
8.24 Conflicl of Interests: There has been any violation o£the conflict of interest provisions,
prtdlibited inlcrcsts, or lobbying restrictions, contained herdm
8.25 Default: The Grantee has bccn determined by Ibc Commission to be in (lei'mdt Lmder any of the
provisions ot'this or any other Agreement whicil the Grantee has with tile (7()mmission~ or
8.26 Supplanling of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to
replace or supplant available anti appropriate funds for the same purposes, in violation of Chapter 427,
Florida Statutes
8.30 I)isallo',ved Costs: In detemlining the amount o['the Grantee's payment, tile Commission ,.,,'ill exclude
all costs incurred by the Grantee prior to the efl'ective date of this Agreement, costs which are not provided
for in the latest approved budget ti'~r tile Project, costs which are not within tile statutory criteria for the
Transportation Disadvantaged Trust Fund. and costs attribulable to goods, equipment, vehicles or sea, ices
received under a contract or other arran.uements which bare not been approved in writing by the Commission
or certified by tile (Jrantee, pursuant t, [".xhibit "C"
8.40 Invoices for (;oods or Services: Invoices for goods or services or expenses provided or incurred
pursuant to this Agreement shall be submitted in detail sufticient for a proper preaudit and postaudit
thereof' Failure to submit to tile Commission detailed supporting documentation with the invoice or
request for prt~jcct funds will be cause fi}r the Commission to refi~se to pa)' tile amount claimed by tile
Grantee until tile ('onmdssiorl is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rtsle
41-2, Florida Administrative Code, and tile Application and Policy Manual for the Trip 8: Equipment
Grant is met
Trip & Equipmcnl ¢;rant Ag~ccmc.! 1')'~'~ 2iitl,
Form Rev 5 19 99
Page 6 of I lg t'agc,4
8.50 Commission Claims: It; after project completion, any claim is made by the Commission resulting from
an audit or lbr work or so,ices pertbrmed pursuant ~o this agreemenL thc Commission may oflgct such
amount from paymenls due for work or se~'ices done under any .grant agreement which it has with the
Grantee owing such amount if. upon demand, payment of the amount is not made within (60) days ~o the
Commission. Off,citing any amotlilt pursuant lo this section shall not be considered a hreach of contract hy
the Commission.
9.00 Terminalion or Suspension or Project:
9.10 Tcrminatio,~ or Svspe~sio,, (;cnerally: If the Grantee abandons or, before completion, finally
discontinues thc l'ro.jcct, or it~ by reason of any of thc events or cm~ditions scl fi~rlh in Section 8,20, or for
any (~thcr reason, thc commencement, pr(~sCCt~tioH, Or timely completion of the lht~jcct by the Grantee is
rendered improbable, infeasible, impossible, or illegal, thc Commission may. by written notice to the Grantee,
suspend any or all offits obligations under this Agreement until such time as the event or condition resulting
in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations
under this Agreement
9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination
or suspension notice under this Paragraph. thc Grantee shall proceed promptly to carry otlt the actions
recluired therein which may include any or all of the following: (I) necessaD' action to terminate or suspend,
as thc case may be, I'mjcct activities and contracts and such other action as may be required or desirable to
keep to the minimun~ the costs upon the basis of which the financing is to be computed; (2) fi~rnish a
statement of the project activities and contracts, and other undertakings the cost of which are othe~vise
includable as Project costs; and (3) remit to thc ('ommission such portion of the financing and any advance
payment previously received as is dctemfined by the Commission to be due under the provisions of the
Agreement. The termination or suspension shall he carried out in confformity with the latest schedule, plan,
and budget as approved by the Commission or upon the basis of terms and conditions imposed by the
Commission upon the failure of thc Grantee to [t~rnisb the schedule, plan, and budget within a reasonable
time, The acceptance o1' a remittance by thc Grantee shall not constitute a xvaivcr of any claim which the
Commission may othcrxvise have arising out of this Agreement.
9.30 l'ublic Access to Records: The Corrm'fission reserves thc right to unilaterally cancel this agreement
f'or refusal by thc Grantee or its contractors to allow public access to all documents, papers, letters, records
or other materials subject to the provisicms of' Chapter 119, Florida Statutes. and made or received in
conjunctior~ with this agreement
10.00 Remission of i'roject Account Upon Completion o£ Project: LJpon completion anct after financial audit
of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the
Project Account is made. thc Grantee shall remit lo thc C.mmission its share of any unexpended balance in the
Project Account
II.00 Audit and Inspection: The Grantee shall permit, anti shall require its contractors to permit, the
Commission's authorized representatives to inspect all work. materials, payrolls, records; and to audit the books,
records and accounts pertaining to the financing and development of the Project at all reasonable times including
upon completion oF the I'roject, arid without notice
'['rip ,~: Equipment Grant Aerccmc,t
Form Re'. 5 19 99
Page 7 .f I g }';,ge~,
12.00 Conlract.softheGranlee:
12.10 Third l'arty Agreements: The Grantee shall not executc any contract or obligate itsel£in any manner
requirh~g Ibc disbursement of Transportation Disadvantaged Trust Fund moneys, including transporlation
operator and consuhant contracts or amendments Iherelo, with any third party with respect to the Project
without being able to provide a written certification by the Grantee that the contract or obligation was
executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes,
Chapter 427, Florida Statulcs, and Ibc roles promulgated by the Depaament off Management Services Failure
to provide such ccnilicalion, upon the ('ommissitm's request, shall be sufficient cause fi)r' nonpayment by thc
Commission as provided in I'aragraph 8 23 Thc (;rantce agrees, that by chlorine into this Agreement. it
explicitly certifies that all of its third party comacts will be executed in compliance with 1/tis section
12.21) Compli:mce with (;onsultanls' (;omi}elitive Negotialion Act: It is undcrstotM and agreed by
parties hereto that parlicipalion by Ibc ('ommissitm in a project wifll a Grantee. where the project involves
a consuhant contract tbr any se~¥ice, is contingent nn the Grantee complying in fifll with provisions ,f Sect ion
287 055. Florida Statutes. Consultants ('mnpetitive Negmiation Act. The Grantee shall ccrtiCy compliance
with this law to the Commission fi~r each ctmsuhant contract it enters
12.30 ('Oml)etitive Procuremenl: Procurement o£all services, vehicles, equipment (>r other commodities
shall comply with the provisions oF Section 287 (}57. l:lorida Statutes. tJpon the ('ommission's request, the
Gramce shall certiFv compliance with this law
13.00 Restrictions, Prohibitions, Controls, and lmbor Provisions:
13.10 Equal Emph~yment Opportunity: In connection with the car~,ing out of this Agreement, the
Grantee shall not discriminate against any employee or applicant for employment because of race. age,
disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that
applicants are employed, and timt employees arc treated during employment, without regard to their race, age,
disability, creed, color, sex, or national origi, Such action shall include, but not be limited to, the following:
I~mployment upgrading, demotion, or transtk'r: recruitment or recruitment adveaising: layoff or termination;
rates of pay or other titans oFcompensation: and selection for training, including apprenticeship. The Grantee
shall insert the Foregoing provision modified only ~o show the particular contractual relationship in all its
contracts in connection with thc development of operation ofthe Project, except contracts for the standard
commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all
subcontracts, except subcontracts for standard commercial supplies or raw materials The Grantee shall post.
in conspicuous places available to employees and applicants for employment for Project work, notices setting
tbrth the provisions of the nondiscrimination clause
13.20 Title VI - CMl Rights Act of 1')64: The Grantee must comply with all the requirements imposed
by Title VI oFthe CMl Rights Act ot'196.1 (78 Statute 252), the Regulations of the Federal Department of
Transportation, the Regulations of thc Federal Department of Justice and the assurance by the Grantee
pursuant thereto.
13.30 Prohilfiled Interesls:
'Dip & Equipmcnl (ir;mt Ai2rcemcm I'~'m
[:,tm Rev. 519 99 Page g ,',1' I ~ I)agc,
13.31 Gourmets or I'urchases: Unless at|~,horizcd in writing by the Commission, no o~]ccr of the
(3ranter, or employee acting in his or her official capacity as a purchasing agent, shall either directly or
indirectly purchase, rem. or lease any rcahy, goods, or services for the Grantee from any business entity
of which thc officer or employee or thc officer's or employee's business associate or spouse or child is
an otl~ccr, partner, director, or proprietor or in which such officer or cmt~loycc or thc officer's or
clnploycc's spot:sc or child, or any combination of them, has a material interest
13.32 llusiness ('onllicts: th'dess authorized in xvritin~ by thc (7ontlnission. it i~ uill,~xvl~l l;~I an otl]ccr
tlr' employee et'thc (iranlcc. tlr for itnv Ct~lllpall.~,, corporation, tlr lirm in x~bich an otlicer el cmplo>'ec
o£thc (}rantcc has a tinancial interest, to bid on, enter into, or be personally interested in thc purchase
or thc ftlrnishing of any materials, services or supplies to be used in_the s. volk of this agreement or irt
thc performance of any other work for which the (irantee is responsible
13.33 Sol;elint;oas: No otticcr or employee {if thc (irantec shall directly o~ intlil cclly s~licit ~i accept
t'tllldS [~rolll ix;Iv pt:fsi}fl x'.ho hits, maintains, t,T seeks bLlSillc.q.s relations xvith thc (illtllt¢C
13.34 Former I'~ml~loyees - Contrnclunl Services: tJnless aulhori×¢d in xvlitiiLu by thc ('ommission.
no employee oV Iht (;rantce shall, within I year after retirement or terminati~m, have or hold any
cn~ployment tlr contractual relationship xvith any business entity in connection xvith any contract for
contractual services which xvas within his tlr her responsibility while an employcc
13.35 Former Employees - Consulting Ser'x'ices: Thc sum of money paid to a Ik~rmcr employee of
the Grantee (luring the first year after thc cessation of his or her responsibilities, by the Grantee. tbr
contractu~fl scad'ices provided to tile Grantee, shall not exceed thc annual salary received on thc date of'
cessation ofhis or her responsibilities The provisions of this section may be waived by the (irantce for
a partict~lar contract iFlhc Grantee determines, and the Comnfission approves, lhat stroh xvaix'er will
result in signilicant time or cost savings fi~r the (irantee and the project.
Thc C}rantcc shall insert in all contracts entered into in connection with this/\grccmcnt and shall require
its contractors to insert in each of their subcontracts, the following provision
"No membc|', otticcr', or employee el'the Cirantee during his tenure or for t,tlt.' xcar thereat'ret shall
have any interest, direct or indirect, itl this contract tlr thc proceeds thcrcot'"
The provisions of this section shall not be applicable to any agreement bet~vccn thc (.3rantee and its fiscal
elopes;tortes, or to any agreement fi~r tltililv services the rates for xvhich arc lixcd or controlled by a
(Jovcrnmcntal agency
13.4{) Non-~iiscrimination of Persons ~s, ;th I)is:,bilities: The Grantee and any off;ts contractors or their
sub-contractors shall not discriminate against anvonc on the basis ora handicap or disability (physical. mental
or emotional impairment) The Grantee agrees tit;il no funds shall be used to rent. lease or barter any real
proper-ty that is not accessible to persons x,,'ith disabilities nor shall any meeting be held in any £acitilv unless
the facility is accessible to persons with disabilities The Grantee shall also assure compliance with The
Americans with Disabilities Act of 1OO(). as it may be amended t¥om lime 1o time
Trip & l~qulpmcnl
Form Re'.'. 5 '19 90 Page 9 of 1 8 J'agc',
13.50 i,oblLving l'rohilfition: No Grantee may usc any funds received pursuant lo this/,,greemcnt for the
purpose of lobbying the Legislature, tile judicial branch, or a state agency No Grantee may employ any
person or organization with funds received pursuant to this Agreement for thc purpose of lobbying the
I~cgislaturc, the judicial branch, or a state agency. Thc "purpose of lobbying" includes, but is not limited to,
salaries, travel expenses and per diem. the cost for publication and distribution of each publication used in
lobbying: other printing; media; advertising, including production costs; postage; entcrtainmcm: and telephone
and telegraph; and association dues
13.61) Public Entity C,'imes: No Grantee shall accept any bid from, awarct any contract lo. or transact any
business with any person or affiliate on the convicted vendor list for a period of 36 monlhs fi'on~ the (late that
person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed
fi'om thc list pursuant to section 287 133. Florida Slalutes. 1'he Grantee may not allt,x~ such a person or
aflSliate to perform work as a contractor, supplier, subcontractor, or consultant under a conlraCl with the
Grantee. If the (iran(cc was transacting business wilh a pc(son at the time of thc commission ova public cntitx
crime which ~csulted in that person being placed on thc convicted vendor list. the Grantee may also not accept
any bid from. award any contract to, or transact any business with any other person who is under the same.
or substantially lbo same. contrt~J as thc pc(son whose name appears on the coilviclcd vendor list so long as
that person's name appears on thc convicted vendor list
14.00 IMiscellaneous Provisions:
14. I 0 Environmental I'olh,tion: All l'roposals. Plans, and Specifications for the acquisition, reconstruction,
or improvement ofvchiclcs or equipment, shall show that such vehicles or equipment arc equipped to prevent
and control environmental pollution.
14.20 ('.7onlnlJssion Nol OI)ligated Io Third Parties: Thc Commission shall not bc obligated or liable
her(under to mi;' party t,thcl (Mn thc (}rantcc
14.30 When Rights and Remedies Not Waived: In no event shall the making by thc Commission of any
payment to tile Grantee constitute or be construed as a waiver by the Commission of any breach of covenant
or any dcfat,h which may then exist, on the part of the Grantee, and the making of such payment by the
Commission while any such breach or defauh shall exist shall in no way impair or pr,~udice any right or
remccty available to tile Commission fi'~r such breach or defat, h.
14.40 flow (7onlract Affected lly l'rovisions Being lleld Invalid: If any provision ofthis Agreement is
held invalid, thc provision shall be severable and thc remainder of(his Agreement shall not be affected. In such
an instance thc remainder would then continue lo coati, tm to the terms and requirements of applicable law.
14.50 Bonus and (;ommissions: By execution ofthe Agreement the Grantee represents that it has not paid
and, also, agrees not to pay, any bonus or comm}ssion for the purpose of obtaining an approval of its
application for the financing hereunder.
14.60 SIIlIc or Territorial l,aw: Nothing in tile Agreement shall require the Grantee lo observe or enforce
compliance with any provision thc(eot; pcrtbrm any other act or do any other thing in contravention of any
applicable State or federal lax,.': F'rovided. that it'any oF(he prm,4sions of the Agreement violate any applicable
]'rip & t']quipmcnl (;rani Agrccrncnl I'lq'~ 21}t~
Form Rev. 5/19 99
Page 10 ol I,X I'agc,,
State ()r federal law, the Grantee ,,viii at once noti£y thc Commission in writing in or(Itt that appropriate
changes and modifications may be made by the Commission and the Granite lo the end Ihat the Grantee may
proceed as soon as possible with the Project
14.70 i'urchased Vehicles orEqvipment:
14.71 Maintenance of Purclmsed Vehicles or Equipment: The G~anlcc ;~grccs to maintain thc
vehicles and equipment purchased or financed in whole or in part pursuant to this Agreement in good
working order fi~r Ibc uscfid lil~ o1' thc vehicles and ecluipmcnt. Thc (~ranlcc ;tgrccs not lo make
alterations or modifications to thc equipment or vehicles without thc consent or'iht Commission Any
lease or assignment oFopcrational rcsptmsibility oFpmjcct vehicles and equipment is not allo~ved unless
approved in writing by the Commission
14.72 t;tilization: '['he Grantcc agrccs to assure that all Project equipment and vehicles, whether
leased or purchased, are used to meet the identified transpo~ation needs of thc non-sponsored and in
support cd'thc service plan established under thc provisions off Rule al-2, Florida Administrative Code,
to sea'e thc transporlation needs oFthc transportation disadvantaged of the area l,cascd and purchased
Project equipment and vehicles shall be operated to their maxhnum possible clt~ciency, Purchased
vehicles and equipment will be used lbr the period of their usefil] lives in accordance with the most
current Commission policies. Thc Commission may, after consultation with the Grantee, transfer
purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its
intended purpose This underutilized equipment and vehicles will be returned to the Commission at a
specified Iocati(m at a mutually agreeable time Reimbursement ofanv equity or interest of'thc Grantee
will be made after another party has assumed thc obligations under the terms and conditions of this
Agreement or disposal of said items by sale has occurred. The Commission shall make the sole
determination off the Grantee's interest and reimbursement. As determined by thc ('ommission, failure
to satisfactorily utilize vehicles and equipment which are leased with PrQecl thnds shall be sufficient
cause for non-payment by the Commission as provided in Paragraph 8.25
14.73 l)islmsal or l'urch:~sed i'roject Eq.ipment: Useful life of capital equipment is defined in the
Commission's Capital Equipment Proce(h~re as incorporated herein by rct~rcnce The fi~llowing
applicable process must be used prior to disposhivn of any capital equipment purchased with these grant
ffmds:
a) While thc Grantee is still under contract with the Commission and the capital equipment still has
useful life, the Grantee must request written approval from the Commission prior to disposing off
any equipment purchased or financed in whole or in part pursuant lo this Agreement, including
vehicles, during its usefi~} lil~, fi, r any purpose Proceeds from thc sale of purchased prQect
equipment and vehicles shall bc documented in the project file(s) by the Grantee. With the approval
of tim Commission, these proceeds may be re-invested for any purpose which expands
transpo~ation disadvantaged services tbr thc non-sponsored. If the Grantee does not elect to re-
invest for puq~oses which expand transportation disadvantaged se~ices, the gross proceeds from
sale shall be relhnded to the Commission in the same pa~icipation percentage ratios as were used
to fired the original purchase
Trip ,~ I-iquipmcn! (;ran! A~rccmc,l I '"~'~ 2'
Form Rev. 519 99 Page Il
b) The pt,rchase of all vehicles and cqt,ipmcnt financed in whole or in part pursuant lo this
Agrecmcnt shall be undem~kcn by the Granlee on behalf of lhe Floricla (;ommission for the
Transportation Disadvanlaged in accordance with State regulations and slalutes. Title to any
vehicle purchased ;~'ith Project funds shall be in thc name of thc Grantee. stfl~jcct to lien in favor
of the Commission The Commission will relinquish all interest in the x'dficles and equipment when
it has reached the end of its uselifl lilb and at this time the Commission will sali~tK' its lien of record
c) When a Grantee is no longer an eligible recipient of trip and equipment grant ti,ntis and no
k~ngcr a ('ommission approved Community Transportation (~oordinamr. thc capital equipment
with tlscful life purchased with these grant funds must be transferred to an eligible recipient in
accordance with fl~e Commission's Capital Equipment Procedure or the Commission
1.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles undc~ conttacl bctxvccn the
,mnlunity Iransportatitm coordinator and a transpollatitm operator or coordination contractor paid in whole or
pan with lmst fi~nd money, must be reported to thc Commission
{ccidents involving a Fatality or fatalities must be reported to the Commission not more than 24 hours after the
~nmmnitv transpom~tkm coordinator becomes axvarc of the l~ta] accident. Any other accident, those noI involving
~atality or fatalities, with over 5500 in property dam~ges, must be reported to the Commission not more than 72
mrs after the commtmitv transpoNatJon coordinator becomes aware of the accident.
:)pies of any accident reporls prepared or received by file community transportation coorclinat~r as a resuh of any
:cident must be sent [o the Commission upon receipt or preparation of thc report
00 Plans and Specificalions: In the event thal this agreement involves thc purchasing of'capital equipment
' major components thereof, upon the Commission's request the Grantee shall submit Io the Cornrnission.
:rtification that all such equipment meets or exceeds the requirements as identified in Exhibit "A" Fnilure to abide
this requirement shall be sufficient cause for nonpnyment by the Commission as provided in l'aragraph S 23
.00 Co~llr;lclual Indemnity: To the extent permitted by lax,.', the Grantee shall indemnify, defend, save. and
~ld harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands.
td liability of any nature whatsoever arising out Gl: becat,se of. or due to breach of thc agreement by the Grantee
'its subcontractors, agents or employees or dut.. lo anv negligent act. or occurrence ofomissicm or commission
the Grantee, its subcontractors, agents or employees Neither the Grantee nor ans' of its agents ,.,,'ill be liable
der this article for damages arising out of injury or damage to persons or property directly caused or resulting
)m the sole negligence of the Commission or any of their officers, agents or employees The parties agree that
is clause shall not waive the benefits or pr,:wisic, ns of Section 768.28, Florida Statutes or any similar provision
'law. Notwiti~standing the foregoing, pursuant to Section 76828, Florida Statmes, no agency or subdivision of
;tare shall be recluired to indemnit3', insure, or assume any liability for the Comrni,~sion's negligence
.00 Approl)rintion of Funds:
17.10 The State of Florida's performance and obligation to pay under this agreement is contingent t, pon an
annual appropriation by the Legislature
~& J'~quipmenl (}rant Agrccmenl iq")9 ?)Ot,~
Re,,' ~ 1990
17.20 ~lolti-Year {:ommitment: Whereas the Commission is created in the Florida ~cpanmcnt of
'l'ranspo~lation (l)cpa~lmcnt) and assigned Io thc Sccrcta~ of the Florida Dcpartrncnt of'Fransponation for
administrative and fiscal accountability purposes, in thc 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(7)(a) and Section 287,058,
Florida Statutes, are hereby incorporated
Thc l)cpartmcnt, during any fiscal ,,'car. shall nol expend money, incur any liability. ~r enter into any
contract which, by its terms, involves thc expenditure of money in excess of thc alllOtmts budgeted
as available t~r cxpunditorc durin~ stroh t]scal year Any contract, verbal or written, made in violation
of tt~is subsec6(m shall be null and void, and no money may be paid on such contract, The
Department shall require a slalcmem frtm~ thc complroiler of the [)eparmmnt theft ['tmds arc available
prior to entering into any such conlracl or other binding commitment of fimcl~ Nothing herein
contained shall prcvcnl thc making of contracls for periods excecdin~ one year, t~t~l any contract so
made shall be cxcculo%' only for the value of thc sca'ices to be rendered or agreed ~o be paid for in
succeeding fiscal )'cars, and this paragraph shall be incorporated verbatim in all contracts of the
l)cparttnem which are ft~r an amount in excess ofitwcntv-five thousand dollars ired having a term for
a period of more than one year"
In tile event that this Agreement is for more than one year, this Agreement may be rencxvcd on a yearly basis
for a period of up to 2 years after the initial Agreement or for a period no longer than thc term of the original
Agreement, whichever period is longer, on the condition that renexvals shall be contingent upon satisfactoD'
performance evaluations by the Grantee and is subject to thc availability of funds The Commission's
pcrCormance and t~bligalion to pay under any multi-year Agreement is explicitly contingent upon an annual
appropriation by thc l.cgislaturc.
18.00 Expiration of Agreement: The Grantee agrees to complete thc Project on or bcIbre , June 3.0. 2000 If
tile Grantee does not complete tile Project ,,vithir~ this time period, this agreement will expire unless an extension
of'thc time period is granted to the Grantee in writing by the Chairperson o£the Commission for thc Transportation
Disadvantaged or designee Expiration o£ this agreement ,.,,'ill be considered termination of' tile Project and the
procedure established in Article 900 of this agreement shall be initiated. For thc purpose of this Article. completion
of project is defined as thc latest date by which services mav have been provided or equipment funds ma)' have been
expended or ~,bligatcd under a purchase order, as provided in the project description (l:~xhibit "A"). Unless
otherwise extended by thc Ctmm~ission. all reimbursement invoices must be received by the ('ommissior~ no later
than 90 davsaftcrthcexpirationdalet~Fthisagrccmcnt
19.00 ,,\grceme~! Form:it: :XII xvords used herein itl the singular f'orm shall cxtcnd to and include tile plural All
xvords used in thc plural form shall extend to and include thc singular. All ,.%'ords used in any gender shall extend
to and include all genders
20.00 Execution of A~recment: This agreement mav be simuhancouslv executed in a minimum of two
counterparts, each o1' which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument
21.00 Vendors Righls: ',.'cndors (in thi..; dr,cement identified as Grantee) providing goods and services to the
Commission ,,,.'ill receive payments in accordance with section 215.422, Florida Statutes The parties hereto
acknowledge Section 215422, Florida Statutes. and hereby agree that the time in which the Commission is required
Trip & [~quipmcn!
]:orm [?..c~.. 5 19 9')
1';~8e 13 o1'18
to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to
a period not to exceed eleven ( I 1 ) working days. The Florida Department of Transportation has 20 days to deliver
a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the
latter of the date the invoice is received or the goods or services are received, inspected, and approved. The
Grantee shall promptly pa5' all subcontractors their proportionate share of payments received fi'om the Commission.
Ifa payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of
goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to
the invoice amount to the Grantee. Thc interest pcnahy provision applies after a 35 day time period to health care
providers, as defined by role. Interest penalties of less than one (1) dollar will not be entBrccd unless the Grantee
requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result
in a delay itl the payment The invoice payment requirements do not start until a properly completed invoice is
provided to the Commission.
A Vendor Ombudsman [las been established within the Commission of' Banking and Finance The duties of this
individual include acting as an advocate fi~r vendors who may be experiencing problems in obtaining timely
payment(s) from the Commission. ]'lie Vendor Omlmdsman may be contacted at (850) 488-2924 or by calling the
State Comptroller's liotline, 1-800-848-2924
Trip & Equipment Grant Agrccmcnt I c~')~) 2000
Fc~rm Rex'. 5,'19 99
Page 14 ofl~
FM/JOB NO(S).
20724018401
16 9
CONTRACT NO.. &t4
AGREEMENT DATE
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
COMMISSION FOR TIlE
TRANSPORTATION DISADVANTAGED
TITLE:
ACRES'[:
DWIGHT E. BROCK, CL~K
Attest as to Chlt~n's
NOTARY
:?.,..~ %,.... Erin K. Scheper?
°'.,.~._.. :*:
':i,: ;~/ O~ern/:~r 21. 200t
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM
DEPARTMENT OF TRANSPORTATI()N)
Junc 14. 1999
Trip & Equipmenl (;ran! Agrccmc. I 1999 2000
Form Rev. 5/1999
I'age 15 .fig Pages
FM/JOB NO(S).
20724618401
CONTRACT NO,
EXtlIBIT "A"
I'ROJECT DESCRIPTION AND RESPONSIBILITIES
TR! P/EQU 1 PM ENT
This exhibit forms an integral part of that Grant Agreement, dated 4-"~;~ _c3 ICl .19q ~
between thc State of Florida. Commission tbr the Transportation Disadvantaged and_Collier County Board of
County Commissi~crs. 3301 ~mi:Trail g~,.Uaplcs. Florida 34112
I'ROJECT I.OCATION: Collier
PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be
provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule
41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual
for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 31, 1999.
Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation
system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, i:lorida Statutes and Rule
41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in the approved se~'ice plan
pursuant to Rule 4 I-2, Florida Administrative Code. Capital equipment will consist of:
SPECIAl. CONSIDERATIONS BY GRAN'I'EE:
All project equipment or vehicles shall meet or exceed the applicable criteria set fonh in the Florida Depanmem
of Transportation's equipment specifications, "Guidelines for Acquiring Vehicles" dated October 1993 (or as
updated), "Pan I, Bid Documents," dated July 1995 (or as updated), and "Part 2, Specification Guidelines for
Specialized Vehicles," dated July 1993 (or as updated), or criteria set forth by any other federal, state, or local
government agency
SPECIAL CONSIDERATIONS BY COMMISSION
Trip & Equipment Grant Agreement 19992000
Form Rev. 5/19/99 Page Iff of18 Page~.
16 9
FM/JOB NO(S).:. 207246184(!!
CONTRACT NO.
EXliiBIT "B"
PROJECT BUI)GET AND CASll FLOW
This exhibit forms an imc.gral pan of that certain Grant Agrccmcnt between Ibc Florida Commissio, for the Transpoflation
Disadvantaged and ~~ County Boar~~y Commissioncrs~ 3301 Tamiami 'l'ri~Lt. East. Naples. Florida
)4112 ,, dated ~o1.~ I ct ~ iCtC~C'l
PROJEC/F COST:
Estimated Project Cost shall conform to thosc eligible Costs as indicated by Chapter 427. Florida Slat,les. Rt,lc 41-2. Florida
Administrative Code. thc most current Commission policies and thc Application and Policy Manual for thc Trip &
Equipment Grant for non-sponsored trips and/or capital equipment as revised on May 19. 1999 Trips shall be purchased
at thc farcs indicatcd in the approved service plan pt,rs,ant to Rule 4 I-2, Florida Administrative ('adc
Nero-sponsored Trips
$398,093.00
Ii.
TOTAl,
SOl)liCE OF FUNI)S:
Commission for thc Transportation
Disadvantaged Stale Ftmds (no morc
than 90%)
Local Cash Funds
Vo[unta~' Dollar Contrib,tions
Monctar)' Value of In-Kind Match
Total Project Cost
$398.093.00
358.284.00
39.809.00
$ 398.093.00
III. I)ISBURSEMENT SCilEI)UI,E OF COMMISSION (State) FUNDS ( $ x 1000)
Jtll Atlg Scp Oct No's I)CC Jar! Fcb, Mar
FY 99/00
FY
Apr Ma', Jun
29.857 29.857 29.857 2').587 2'~.857 29.857 29 857 29.857 29.857 29.857 2!).857 29.857
Trip & Equlpmcnl ¢;r:m! Agrcemc,1 199q~2000
Form Rev. 5/I 9:99
I'agc 17 of 18 I'ago~
FM/JOB NO.__2072461X 4J9_1
CONTRACT NO. ,:4 i-tl2c, )
EXlllBIT "C"
TR I I'/EQ i iIl'M ENT
This exhibit forms an integral part of that certain ('}rant Agreement between the FIc, rida ('ommission for the
Transportation Disadvantaged and Collier ('¢mnty Board of County Commissioners. 33(.U_Tamianfi 'Frail East.
Naples. Florida 341 L2 dated __._.~'! %i ic,~ , !c~ttq
'l't IE GRANTEE SI IAI,I, RETAIN AND/OR SIIBMIT TIlE FOI.LOWING REQUIRF. I) I)O('UMENTS AND
CERTIFI(bVrlONS:
DOCUMENTS:
Submit an audit report, based on the agency's records, in accordance with Section 7o0 of this Agreernent.
Submit invoices for goods and services, with detailed supporting docume,~tatkm, in detail sufficient for a
proper preaudit and postaudit thereol~
Retain, and upon request, submit drivers' manifests, with st.pporling detailed documentation, in detail
st, fficient for a proper preaudit and postaudit thereof
_CLg R'T! F I C,'VI'I O N S:
Certification of Equivalent Sea'ice in accordance with the Commission's policy on the acquisition of vehicles
as it pertains to the Americans with Disabilities Act of 1090, as amended. Said certification shall accompany
any reimbursement request for vehicles and shnll t,se the Commission approved format
THIRD I'ARTY CONTRACTS: The Grantee must certit;v to all third party contracts pursuant to Section 12. I0
except that written approval is hereby granted for:
Contracts fi~rnishing contractual services or commodities front a valid State or inter-governmental
contract including the Memorandum of Agreement and Transportation Disadvantaged Sen'ice Plan
as set forth in section 287.042(2). Florida Statutes, and in Rule 41-2, Florida Administrative Code.
2. Contracts fi~rnishing contractual services or commodities less than $15,000
3. Contracts for consullant services less than
Trip & Equipmenl (;rant Agrecm¢.t 10o'}'2flgo
I:,~rm Re",', 5/19 99
Page I g of' I S
EXHIBIT A
COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED GRANT APPLICATION INFORMATION
FORM CONCERNING THE TRIP/EQUIPMENT GRANT
P ROG RAM
I. I)A'I'I.i %IIBMI'I I I!1):
2. l,l,Xb\l. NAMI,i ()1.' AI~Iq.I('ANI': Collier County
.I. I:I~I)I.TRAI. II)l!N'l II,'I('ATI()N NIINII~ER: 59-600055~,
4. ,,XI)I)RI.NS: 3301 East 'l'amiami Trail
6.
7.
9.
l la.
(TI'Y AND STATI(: N~)plcs, I:loFj&~ ,, .
('f)NT:\("I' PI-TR,Nf )NFf )R TI IlS (iRANI': ( iavin Jones
PI I()NI:. NI ;MBI!R: 941-40o-_41)0
I!-MAII. ,,\I)I)RI!NS:,, gavh!ionesq; collicrgov.net
,":, t ;.H ¢ $ 3561.2~4
l,ocal $ 39.g09
TO*I'AI, S 39,~.093
Ilo. VOI.I;N'I.,\RT I)()I.I.:\RS RI!QI 'l!S'l'l!l)
~tate $
l.ocal In-Kind
TOTAl,
ZIP C()DI!: 34112
lib,
-, (
FAX NtIMI½F. R: 941-64a-6)68
Trip & Iktuipmcm (;rant ApplicaUon 1999/2000
Form Rev, 5,"19,'99
('oilier ('ounty
liNI)IN(; I),,Vl'li: {')6-3()-()()
PI.,,\NNIN(~ FtINI)IN(J AI.I.O('ATI()N
'IRANSFF. RRF. I) TO TRIP ($RANI'
Slate
Grant Applica6on Page
16/19
12. I hereby certify that this document has been duly authorized by the governing hod>' oflhc
applicant, and the applicant intends to complete the prqject, and to comply with an5' attached assurances if
Ibc assistance is awarded.
Pamela S. Mac' Kic. Chair\roman
'I'YPIiD NAME ()F At.rH I()RIZI!D
RIiPRf~'IVI'; AN~q'I)'I'I'1'I,t:,
APPR()VI';.D AS TO FORM AND
I.I';GAL SUFFICII~NCY
l)~vid C. Wcigcl. C{;'tmt)c. A4tt racy
ATTEST:
I)WIGItT E. IIR()CK. {.'I.I'~RK
sl~ture
13. NOT REQIr[I{I.~I) II-' ()NI,V TRll'S ARE PIIRCliASEI)
I hereby certify flint this grant has been revicxved and approved in its entirety by the
..................................................... County Coordinating Board.
I)A'I'I~
Trip & Equiprncnl (;ranl ,Application 1999/2000
Form Rev. 5/I 0,'09
Grant Application Page
EXtiiBIT B
I'I~OPOSEI) I'I{.O,IECT AND FUNDING
I. l'roicct I)¢scription and
.Norl-sponsorcd trips
(.'al',iml cquipn~cnl
S .... 3.98,093
I. $
(' ('('ullir'l~cnc) $
11.
FundhLg, I'anicipati~m
'l'otal Pro col ('os! $ .39g,093
('ommission fi~r Iht Transportation l)isadvanlagcd
.qlatu Fund..,
FL ('ash l.ocal Xlatch
('. Volunlnrv I)ollnr
I)..XI;.tlch fi~r 'Vohmt~r3 I)olh. ir
$
S
358,284
38,809
(If in-kind..~,~ .',;1~11¢ xvith monetary, value)
Ii. Total i)ro.ject (,()st $ , 398,093
I11. ILstimatcd cash-Ilokv of I"Y gg/00 S'FATE grant funds only ($ x 1000)
()nj,,' complele this sec/ion if desired cash flow is different than one lwelfth of s/ale funds per monlh.
1"Y99/00
I"h'()O/O l
Jul ,'\ug ,~cp ()ct Nov I)cc .liill Feb Mar Apr May .)t,n
Trip & [-;quipmen! (;rant Applicnlion 199012000
Form Rev. 5'19/99
Grant Application Page 3
EXHIBIT C
RESOLUTION NO. 99- 26~,
A RI~SOI,UTION OF TIlE COLI.IER COUNTY BOARD OF
('()UNTY COMMISSIONERS (APPI.ICANT).
I IF. RF. INAF'FFJ,I. BOARI), AUTi IORIZING TI IE FII.ING OF A
TRANSPORTATION DISAI)VANTAGED TRUST FUND
GRANT APPi. I('ATION WITII Till'.' FLORIDA
('()MMISSION Ff)R TI IF. TRANSPORTATION
I)ISAI)VANTA(W.I).
UTterea.s', this Bf)ARI) has fin: ;,t,lhorib lo file a 'l'ransporlation l)isadvantagcd 'l'rus! Fund
(;ranl Application and m undertake ;0 Irimsporlation disadvanlaged service projec! as at,lhorizcd b.,,
Seclion 427.ol 5% Florida .qU. ilules, arid Rule 4 I-2. I"lorid;, Adminislrafive ('ode:
NO~,~, TIIEI{EFOI{I';, lie IT RE.";OI,VEI) by lh¢ ('oilier ('ounty Iioard of('ounl.x
Ihc I~,().\RI) ha~ tile auflmrily m file Ihis granl application.
I'hc BI )ARI) ;mthorizcs I'~~ ~c('hai voman Io file and
c×ccut¢ tile application on behalfoflh¢ ('oilier County Board of('ountv
('omnfissiJmers with tilt: I:lorida ('ommission tbr the Transrmrtafion Disadvantaged.
l'hc I~,()ARI)'S Registered Agent in Florida is l)avid W¢i ,el 'o tv Attorney
Thc Registered Agents address is 3301 I{a~c,~ I"lorida 34112 __
Ihc tI().,\RI) ;,mhorizes Pi, m¢l:l S. Mac'Kie ( I' ~airwoman to sign an)' and
agrccn~cnts or contracts which arc required in connectio,1 with Ihe application.
Iht I~{ L,\RI) authorizes (ia~ in .hines lo sign any and all assurances, rdmburscmcnt
inv,dccs, xxarranlics, ceailications and any other documents Milch may be required in
conncctim~ with the application or subsequent agrccmenls.
I)lff. Y PASSI'.'D AND AI)¢)PTI!I) TI
APPROVED AST() F()RM AND
l)avid ('. Wcigcl. ('ounb' Alt~ey
l'rip & liquipmcnt (iran! Applicalion 1000 2000
J:orm R~s,', 5119'g9
Grant Application Page 4
EXHIBIT D
STANDARD ASSURANCES
'l'h¢ rccipicn! hcrcbx assures and ccrtil]cs lhat:
(I)
'Ibc rccipicm ,,kill comply with thc federal, stale, and local statutes, regulations, cxcculivc orders, and
admini~tratix c requirements x~t~ich relate to discrimination on the basis of race. color, creed, religion.
sex. a~c. and handicap xxith respect Io cmplo)mcnt, service provisi.n, and procurcmcm.
l~ulqic and pti,, ate I'-r-pr~fil. transit and paratransit operators have hccn tlr xx ill bc afl'tm, lcd a fair and
limcl,, opportunit.', by thc local rccipicm lo participate to the maximum ¢×tent l'casiblc in linc planl,ing
alld pr.k i.siou .f thc proposed transportation planning services.
'Iht recipient has thc rcquisilc fiscal, managerial, ami IcL-mi capacity ltl carry oul thc Transporlalion
I)isadvamagcd I~rogrm'n and lo rcccix c and disburse State funds.
Iht recipient intcmt,, Io accomplish all lasks as idcnliliud in this grant applicati~m.
'1 ranspormli,,n I)isadvanlagcd 'l'rust I"unds '.~ ill n~l bc used lo supplanl or replace existing lcdcral.
:qab.:. or h)cal go'., cFnrncn[ J'[llld,s.
6)
('apital Ctluipmcnt purchased Ihrough this grant meets or exceeds the criteria scl Ibrth in thc Florida
l)cpartmcnl of I'ransportation's cquipmcnl spccilicafions. "(;uidclines Ibr Acquiring Vddclcs" dated
()ctobcr 1993 (or as upchtlcd ). "Part I. Bid l)-cumcnts." dated July 1905 (or as updated), and "Part 2.
Npccilicali~m (iuidclincs lbr Specialized Vehicles." dated July 1993 (or as updalcd), or criteria set
fl)rlh by ;lllk ~)lllcr It'dcnd. slate. (~r h)caJ goxcrnrncnl
7)
('al'dlal CCltlil'mlcnl or ctmsullant scrx ices purchased through this ~ralll compl) x,, ith thc competitive
procurement rcquircmcnls of('haptcr 297 and ('haptcr 427. Florida S~atules.
¢'apiml cquipmcnl purchased ,0.'ith grant funds ,,','ill he Year 2000 compliant. No purchases vdthou!
ccrtil]calion J'FOlll Iht vendor will he approved for r¢imhursemcnl.
If capitol cquipmcnl is purchased
imlividuals xvilh disabilities, includin~ individuals Mm use ~,vheclchairs. is equix alcn~ lo lhe lex cl and
quality ol'serx icc ol'fcrcd
cmirclv, i,, pn,,. idcd in thc most intcgralcd scuin~ I'casiblc and is equivalent v, ilh rcspcc! to:
(a) response Iii'nc.
Ibl [hres.
lc} ~c%uraphic scrx icc area.
(tit h,,ur~ and daxs of service.
ri rip & hquipmcnL (iranl ,.'MH~lical,m Iq99 21)(}0 Grant Applicalion Page
Form Rex'. 5 'l 9'90
restrictions on trip purpose.
availability of infi~rmation and reservation capability, and
c.ntract.s ~m capacity or service availability.
c)
ltl accordance with 49 ('I:R Part 37. public entities operating demand responsive systems for the
general public which receive tinancial assistance under Sections 5310 or 531 I of tile Federal Transit
Adminislrati(m (FTA) have filed a certification with the appropriate .state program office before
procuring any inacccssiblc vehicle. Such public entities not receiving FTA funds have also filed a
ccrtilication with tile appropriate progran~ office. Such public entities receiving FTA funds under any
(uher section of tile FTA have tiled a ccrtilication with thc appropriate F'I'A re~2i~mal office.
I'his ccrtilicati(m i~ valid for no h)ngcr than tile contract peri()d fi)r xvbicll thc k~ralu application is
filed.
Trip & I:quipmcnt (Jranl Applicalim~ IggC~:200(!
J:orlll R¢~,', 5 Ig gg
Grant Application I'agc 6