Resolution 2009-173
RESOLUTION NO. 2009 - 1 73
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S
APPROVAL OF ENTERING INTO A TRANSPORTATION
DISADV ANT AGED TRUST FUND TRlPIEQUIPMENT GRANT
AGREEMENT WITH THE FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED FOR STATE FUNDING IN THE
AMOUNT OF $571,562.00 AND AUTHORIZING ITS CHAIRMAN TO SIGN
THAT GRANT AGREEMENT.
WHEREAS, at the July 28, 2009, meeting of the Board of County Commissioners the
Board by majority vote approved a Transportation Disadvantaged Trust Fund TriplEquipment
Grant Agreement (the "Agreement" - FM#20724618401l20724638401) with the Florida
Commission for the Transportation Disadvantaged ("FCTD") for State FCTD funding in the
amount of $571,562.00 (with a total project cost of $635,312.00) and authorized the Board of
County Commissioners, through its Chairman, to enter into the Agreement with the FCTD; and
WHEREAS, the FCTD requires the Board to provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote acknowledging its authorization of the
Chairman to execute the Agreement for funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
On July 28, 2009, the Board of County Commissioners authorized its Chairman, by
majority vote, to enter into the above-referenced Transportation Disadvantaged Trust Fund
TriplEquipment Grant Agreement with the Florida Commission for the Transportation
Disadvantaged.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 28th day of July, 2009.
ATTEST;.
DWIGHT E: 'BROCf<.~ Clerk _
:_~i - ..~, '.' -)__
J1t '.,
'. , . . '. 'J:
By: '.~ ;if e~1V l ~
Approved as to form and legal sufficiency:
~tftf?A'~
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY LORIDA
2
By:
SAMAS Approp: 108846 Fund:
SAMAS Obj.: 750074 Function:
Org Code: 55 12 00 00 952 Contract No.:
TDTF
035
FM/Job No(s).: 20724618401/20724638401
CSFA No. 55.001
Vendor No.: 596-000-558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this L day of July, 2009 by and between the STATE
OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter
427, Florida Statutes, hereinafter called the Commission and Collier County Board of County
Commissioners, 3301 East Tamiami Trail. Naples, FL 34112 hereinafter called the Grantee.
WIT N E SSE T H:
WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project
hereinafter described, and the Commission has been granted the authority to use Transportation
Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's
transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the
provision of non-sponsored transportation services and other responsibilities identified in Chapter 427,
Florida Statutes or rules thereof;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,
the parties agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to:
Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation
disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida
Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual
for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 10,
2009 and as further described in this Agreement and in Exhibit(s) A, B, C. D attached hereto and by this
reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-
sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-
sponsored financial assistance will be provided and the understandings as to the manner in which the
Project will be undertaken and completed. Funds available through this agreement may be used only for
non-sponsored transportation services and shall be applied only after all other potential funding sources
have been used and eliminated. Grant funds shall not be used to supplant or replace funding of
transportation disadvantaged services which are currently funded to a recipient by any federal, state, or
local governmental agency.
2.00 Accomplishment of the Project:
2.10 General Requirements: The Grantee shall commence, and complete the Project as
described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner,
and in accordance with the provisions herein, and all federal, state and local applicable laws.
Trip & Equipment Grant Agreement 200912010
Form Rev. 04/15/2009
Page 1 of 27
2.20 Pursuant to Federal, State, and Local Law: In the event that any election,
referendum, approval, permit, notice, or other proceeding or authorization is requisite under
applicable law to enable the Grantee to enter into this Agreement or to undertake the Project
hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the
Grantee will initiate and consummate, as provided by law, all actions necessary with respect to
any such matters so requisite.
2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to
provide the necessary funds or in-kind contributions necessary for the completion of the Project.
2.40 Submission of Proceedings, Contracts and Other Documents and Products: The
Grantee shall submit to the Commission such data, reports, records, contracts, certifications and
other financial or operational documents or products relating to the Project as the Commission
may require as provided by law, rule or under this agreement including those listed in Exhibit "e."
Failure by the Grantee to provide such documents, or provide other documents or products
required by previous agreements between the Commission and the Grantee, may, at the
Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions
against the Grantee, including termination.
2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into
this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable
law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida
Administrative Code, the approved Trip and Equipment grant application submitted by the
Grantee, and the Application and Policy Manual for the Trip & Equipment Grant, as revised on April
10, 2009.
2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board
annually evaluate the performance of the Grantee using evaluation criteria approved by the
Commission. A copy of the evaluation report will be given to the designated official planning
agency and the Commission. The Grantee must fully cooperate with the local coordinating board
in the performance of its duties. The Grantee shall submit to the local coordinating board such
data, reports, records, contracts, certifications and other financial or operational documents or
products relating to the Project as provided by law, rule or under this agreement. Failure by the
Grantee to cooperate with, or to provide such documents or other products to the local
coordinating board may, at the Commission's discretion, result in permissible sanctions against the
Grantee, including termination.
3.00 Total Project Cost: The total estimated cost of the Project is $635,312.00. This amount is
based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The
Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits
involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof
after completion of the project.
4.00 Commission Participation: The Commission agrees to maximum participation, including
contingencies, in the Project in the amount of $571.781.00 as detailed in Exhibit liB," or in an amount
equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less.
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009 Page 2 of 27
4,10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the
Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee
to subsidize a portion of a transportation disadvantaged person's transportation costs which is not
sponsored by any other agency, and then only if a match, as specified in the Application and
Policy Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment
Grant Funds may also be used to purchase capital equipment used for the provision of non-
sponsored transportation services.
4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed
only from the date of this Agreement. It is understood that State participation in eligible project
costs is subject to:
a) The understanding that disbursement of funds will be made in accordance with the
Commission's cash forecast;
b) Availability of funds as stated in Article 17.00 of this Agreement;
c) Commission approval of the project scope and budget (Exhibits A & B) at the time
appropriation authority becomes available;
d) Submission of all certifications, invoices, detailed supporting documentation, or other
obligating documents and all other terms of this agreement.
If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged
Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written
approval of such acquisition from the Commission and then execute an amended Exhibit "A."
4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant
agreement, the Grantee must also adhere to the following limitations on the use of Transportation
Disadvantaged Trust Funds:
4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may
not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one
designated service area to another without the express written approval of the Commission.
4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation
Disadvantaged Trust Funds which the Grantee actually uses to transport eligible
transportation disadvantaged passengers in the coordinated system.
4.40 Front End Funding: Front end funding is not applicable.
5.00 Retainage: Retainage is not applicable.
6.00 Project Budget and Disbursement Schedule:
6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit liB," carry out the Project, and shall incur obligations against and
make disbursements of Project funds only in conformity with the latest approved budget for the
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009 Page 3 of 27
Project. The budget may be revised periodically, but no budget revision shall be effective unless it
complies with fund participation requirements established in Article 4.00 of this Agreement and is
approved in writing by the Commission. Any budget revision that changes the fund participation
requirements established in Article 4.00 of this agreement shall not be effective unless approved in
writing by the Commission and the Florida Department of Transportation Comptroller.
6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved
disbursements schedule, contained in Exhibit "B," This schedule shall show estimated
disbursement of Commission funds for the entire term of the Project by month or quarter of the
fiscal year in accordance with Commission fiscal policy, The schedule may be divided by Project
phase where such division is determined to be appropriate by the Commission. Any deviation from
the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by
the agency and advance approval by the Commission. Reimbursement for the Commission's share
of the project shall not be made for an amount greater than the cumulative total up to any given
month as indicated in the disbursement schedule in Exhibit liB."
7 .00 Accounting Records, Audits and Insurance:
7 .10 Establishment and Maintenance of Accounting Records: The Grantee shall establish
for the Project, in conformity with the latest current uniform requirements established by the
Commission to facilitate the administration of the non-sponsored financing program, either
separate accounts to be maintained within its existing accounting system, or establish independent
accounts. Such non-sponsored financing accounts are referred to herein collectively as the
"Project Account."
The Project Account, and detailed documentation supporting the Project Account, must be made
available upon request, without cost, to the Commission any time during the period of the
Agreement and for five years after final payment is made or if any audit has been initiated and
audit findings have not been resolved at the end of five years, the records shall be retained until
resolution of the audit findings.
Should the Grantee provide "sponsored" transportation to other purchasing agencies within the
coordinated system during the time period of this Agreement, the Grantee shall maintain detailed
documentation supporting the "sponsored" transportation to the other purchasing agencies, and
must make this documentation available upon request, without cost, to the Commission any time
during the period of the Agreement and for five years after final payment is made or if any audit
has been initiated and audit findings have not been resolved at the end of five years, the records
shall be retained until resolution of the audit findings,
7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately
record in the Project Account, and deposit in a bank or trust company which is a member of the
Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it
from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the Project, which Commission payments and other funds are
herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project
Funds to secure continuously and fully all Project Funds in excess of the amounts insured under
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Form Rev. 04/15/2009 Page 4 of 27
Federal plans, or under State plans which have been approved for the deposit of Project funds by
the Commission, by the deposit or setting aside of collateral of the types and in the manner as
prescribed by State law for the security of public funds, or as approved by the Commission.
7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only
eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to
actions which have not met the other requirements of this Agreement, shall not be considered
eligible costs.
7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged
to the Project, including any approved services contributed by the Grantee or others, shall be
supported by properly executed payrolls, time records, invoices, contracts, driver's manifests,
vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail
the nature and propriety of the charges. Records must be kept to show how the value placed on
third party transactions was derived.
The Grantee shall provide sufficient detailed documentation for each cost or claim for
reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were
those which were promised. The documentation must be sufficiently detailed to comply with the
laws and policies of the Department of Financial Services.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect
to any item which is or will be chargeable against the Project Account will be drawn only in
accordance with a properly signed voucher then on file in the office of the Grantee stating in
proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the
Project shall be clearly identified, readily accessible, within the Grantee's existing accounting
system, and, to the extent feasible, kept separate and apart from all other such documents.
7.60 Audits:
Part I: Federally Funded
Recipients of federal funds (Le. state, local government, or non-profit organizations as defined
in OMB Circular A-133, as revised) are to have audits done annually using the following
criteria:
1. In the event that the recipient expends $500,000 or more in Federal awards in
its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised.
EXHIBIT "D" to this agreement indicates Federal resources awarded through
the Department by this agreement. In determining the Federal awards
expended in its fiscal year, the recipient shall consider all sources of Federal
awards, including Federal resources received from the Commission. The
determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the
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Form Rev. 04/15/2009 Page 5 of 27
provisions of OMB Circular A-133, as revised, will meet the requirements of this
part.
2. In connection with the audit requirements addressed in Part I, paragraph 1.,
the recipient shall fulfill the requirements relative to auditee responsibilities as
provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, is not required. However, if the recipient elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised
the cost of the audit must be paid from non-Federal resources (Le., the cost of
such an audit must be paid from recipient resources obtained from other than
Federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic
Assistance (CFDA) title and number, award number and year, and name of the
awarding federal agency.
Part II: State Funded
Recipients of state funds (Le. a nonstate entity as defined by Section 215.97(2)(1), Florida
Statutes) are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial
assistance equal to or in excess of $500,000 in any fiscal year, the recipient must
have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services and the CFO; and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General. EXHIBIT "D" to this agreement indicates state financial assistance
awarded through the Commission by this agreement. In determining the state
financial assistance expended in its fiscal year, the recipient shall consider all
sources of state financial assistance, including state financial assistance received
from the Commission, 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.
2. The Recipient shall ensure that the audit complies with the requirements of
Section 215.97(7), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(d), Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its
fiscal year, an audit conducted in accordance with the provisions of Section
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Fo.. I :<ev. 04/15/2009 Page 6 of 27
215.97, Florida Statutes, is not required. However, if the recipient 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 nonstate entity's resources
(i.e., the cost of such an audit must be paid from the recipient's resources
obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance
(CSFA) title and number, award number and year, and name of the state agency
awarding it.
Part III: Other Audit Requirements
The Recipient shall follow up and take corrective action on audit findings. Preparation
of a summary schedule of prior year audit findings, including corrective action and
current status of the audit findings is required. Current year audit findings require
corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until
the action is completed or the dispute is resolved. Access to project records and audit
work papers shall be given to the Commission, the Department of Financial Services, and the
Auditor General. This section does not limit the authority of the Commission to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance
or limit the authority of any other state official.
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by Part I above shall be submitted, when required by
Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly
to each of the following:
A. Regional Manager
Florida Commission for the Transportation Disadvantaged
605 Suwannee Street, MS 49
Tallahassee, Florid 32399-0450
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-
133, as revised, should be submitted to the Federal Audit Clearinghouse) at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections
.320 (e) and (f), OMB Circular A-133, as revised.
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2. In the event that a copy of the reporting package for an audit required by Part I
above and conducted in accordance with OMB Circular A-133, as revised, is not required
to be submitted to the Commission for reasons pursuant to section .320(e)(2), OMS
Circular A-133, as revised, the recipient shall submit the required written notification
pursuant to Section .320(e)(2) and a copy of the recipient's audited schedule of
expenditures of Federal awards directly to each of the following:
Regional Manager
Florida Commission for the Transportation Disadvantaged
605 Suwannee Street, MS 49
Tallahassee, Florida 32399-0450
In addition, pursuant to Section .320(f), OMS Circular A-133, as revised, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular
A-133, as revised, and any management letters issued by the auditor, to the
Commission at each of the following addresses:
Regional Manager
Florida Commission for the Transportation Disadvantaged
605 Suwannee Street, MS 49
Tallahassee, Florida 32399-0450
3. Copies of financial reporting packages shall be submitted by or on behalf of the
recipient directly to each of the following:
Regional Manager
Florida Commission for the Transportation Disadvantaged
605 Suwannee Street, MS 49
Tallahassee, Florida 32399-0450
And
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by audit findings shall be
submitted by or on behalf of the recipient directly to:
Regional Manager
Florida Commission for the Transportation Disadvantaged
605 Suwannee Street, MS 49
Tallahassee, Florida 32399-0450
Part V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms
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Furm Rev. 04/15/2009 Page 8 of 27
of the Trip and Equipment Grant agreement for a period of at least five years from the
date the audit report is issued, and shall allow the Commission, or its designee, CFO, or
Auditor
General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the Commission, or its designee, CFO, or Auditor
General
upon request for a period of at least five years from the date the audit report is issued,
unless extended in writing by the Commission.
Monitoring: In addition to reviews of audits conducted in accordance with Section 215.97,
F.S., as revised (see "Audits" above), monitoring procedures may include, but not be limited
to, on-site visits by Commission staff. The recipient agrees to comply and cooperate fully with
any
monitoring procedures/processes deemed appropriate by the Commission. In the event the
Commission determines that a limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the Commission staff regarding
such audit. The CTC further agrees to comply and cooperate with any inspections,
reviews, investigations, or audits deemed necessary by the Florida Department of
Transportation's Office of Inspector General (OIG) and Florida's Chief Financial Officer
(CFO) or Auditor General.
7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and
guarantee liability for minimum coverage as follows:
7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person,
$200,000 per occurrence at all times in which Project vehicles or equipment are engaged in
approved project activities. The Grantee shall insure that contracting Transportation
Operators also maintain the same minimum liability insurance, or an equal governmental
insurance program.
7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required
to pay for any damages to the Project vehicle(s) and equipment including restoring to its
then market value or replacement.
7.73 Property Insurance: The Grantee 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 Other Insurance: The above required insurance will be primary to any other
insurance coverage that may be applicable.
8.00 Requisitions and Payments:
8.10 Preliminary Action by the Grantee: In order to obtain any Transportation
Disadvantaged Trust Funds, the Grantee shall:
8.11 File with the Commission for the Transportation Disadvantaged, 605
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Fon~v. 04/15/2009 Page 9 of 27
Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice
on a form or forms prescribed by the Commission, and such other detailed supporting
documentation pertaining to the Project Account and the Project (as listed in Exhibit "C"
hereof) as the Commission may require, to justify and support the payment requisitions,
invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing
Procedures.
8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the
provisions of the Agreement and that all invoices and support documentation will be true and
correct.
8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will
honor such requisitions in amounts and at times deemed by the Commission to be proper and in
accordance with this Agreement to ensure the completion of the Project and payment of the
eligible costs. However, notwithstanding any other provision of this Agreement, the Commission
may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the
Project Account if:
8.21 Misrepresentation: The Grantee 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 furnished therewith or pursuant hereto;
8.22 Litigation: There is pending litigation with respect to the performance by the
Grantee of any of its duties or obligations which may jeopardize or adversely affect the
Project, the Agreement, or payments to the Project;
8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide
to the Commission detailed documentation of requisitions or certifications of actions taken;
8.24 Conflict of Interests: There has been any violation of the conflict of interest
provisions, prohibited interests, or lobbying restrictions, contained herein;
8.25 Default: The Grantee has been determined by the Commission to be in default under
any of the provisions of this or any other Agreement which the Grantee has with the
Commission; or
8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust
Funds to replace or supplant available and appropriate funds for the same purposes, in
violation of Chapter 427, Florida Statutes.
8.30 Disallowed Costs: In determining the amount of the Grantee's payment, the Commission
will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs
which are not provided for in the latest approved budget for the Project, costs which are not
within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs
attributable to goods, equipment, vehicles or services received under a contract or other
Clrrangements which have not been approved in writing by the Commission or certified by the
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Form Rev. 04/15/2009 Page 10 of 27
Grantee, pursuant to Exhibit "e."
8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided
or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting
documentation with the invoice or request for project funds will be cause for the Commission
to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the
criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-l, Florida
Administrative Code, and the Application and Policy Manual for the Trip & Equipment Grant is
met.
8.50 Commission Claims: If, after project completion, any claim is made by the Commission
resulting from an audit or for work or services performed pursuant to this agreement, the
Commission may offset such amount from payments due for work or services 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 to the Commission. Offsetting any amount pursuant to
this section shall not be considered a breach of contract by the Commission.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion,
finally discontinues the Project; or if, by reason of any of the events or conditions set forth in
Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of
the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the
Commission may, by written notice to the Grantee, suspend any or all of its 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, the Grantee shall proceed promptly to
carry out the actions required therein which may include any or all of the following: (1) necessary
action to terminate or suspend, as the case may be, Project activities and contracts and such other
action as may be required or desirable to keep to the minimum the costs upon the basis of which
the financing is to be computed; (2) furnish a statement of the project activities and contracts,
and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit
to the Commission such portion of the financing and any advance payment previously received as
is determined by the Commission to be due under the provisions of the Agreement. The
termination or suspension shall be carried out in conformity 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 the Grantee to furnish the schedule, plan, and budget within a
reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of
any claim which the Commission may otherwise have arising out of this Agreement.
9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this
agreement for refusal by the Grantee or its contractors to allow public access to all documents,
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Form Rev. 04/15/2009 Page 11 of 27
papers, letters, records or other materials subject to the provisions of Chapter 119, Florida
Statutes, and made or received in conjunction with this agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion and 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, the Grantee shall remit to the Commission its share of
any unexpended balance in the Project Account.
11.00 Audit and Inspection: The Grantee shall permit, and 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 Project, and without notice.
12.00 Contracts of the Grantee:
12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself
in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys,
including transportation operator and consultant contracts or amendments thereto, 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 Statutes, and the
rules promulgated by the Department of Management Services. Failure to provide such
certification, upon the Commission's request, shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this
Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance
with this section.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and
agreed by the parties hereto that participation by the Commission in a project with a Grantee,
where the project involves a consultant contract for any service, is contingent on the Grantee
complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive
Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each
consultant contract it enters.
12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other
commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the
Commission's request, the Grantee shall certify compliance with this law.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying 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 that employees are treated during
employment, without regard to their race, age, disability, creed, color, sex, or national origin.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009 Page 12 of 27
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
forms of compensation; and selection for training, including apprenticeship. The Grantee shall
insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development of operation of the 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 forth the provisions of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements
imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal
Department of Transportation, the Regulations of the Federal Department of Justice and the
assurance by the Grantee pursuant thereto.
13.30 Prohibited Interests:
13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no
officer of the Grantee, or employee acting in his or her official capacity as a purchasing
agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services
for the Grantee from any business entity of which the officer or employee or the officer's or
employee's business associate or spouse or child is an officer, partner, director, or proprietor
or in which such officer or employee or the officer's or employee's spouse or child, or any
combination of them, has a material interest.
13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful
for an officer or employee of the Grantee, or for any company, corporation, or firm in which
an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be
personally interested in the purchase or the furnishing of any materials, services or supplies
to be used in the work of this agreement or in the performance of any other work for which
the Grantee is responsible.
13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit
or accept funds from any person who has, maintains, or seeks business relations with the
Grantee.
13.34 Former Employees - Contractual Services: Unless authorized in writing by the
Commission, no employee of the Grantee shall, within 1 year after retirement or termination,
have or hold any employment or contractual relationship with any business entity in
connection with any contract for contractual services which was within his or her
responsibility while an employee.
13.35 Former Employees - Consulting Services: The sum of money paid to a former
employee of the Grantee during the first year after the cessation of his or her responsibilities,
by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual
salary received on the date of cessation of his or her responsibilities. The provisions of this
Trip & 'quipment Grant Agreement 2009/2010
Form Rev. 04/15/2009 Page 13 of 27
section may be waived by the Grantee for a particular contract if the Grantee determines,
and the Commission approves, that such waiver will result in significant time or cost savings
for the Grantee and the project.
The Grantee shall insert in all contracts entered into in connection with this Agreement and
shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Grantee during his tenure or for one year
thereafter shall have any interest, direct or indirect, in this contract or the proceeds
thereof. "
The provisions of this section shall not be applicable to any agreement between the Grantee
and its fiscal depositories, or to any agreement for utility services the rates for which are
fixed or controlled by a Governmental agency.
13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its
contractors or their sub-contractors shall not discriminate against anyone on the basis of a
handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no
funds shall be used to rent, lease or barter any real property that is not accessible to persons with
disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons
with disabilities. The Grantee shall also assure compliance with The Americans with Disabilities
Act, as amended, as it may be amended from time to time.
13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this
Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No
Grantee may employ any person or organization with funds received pursuant to this Agreement
for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The "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; entertainment; telephone; and association dues.
The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes,
which is incorporated by reference into this Agreement.
13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or
transact any business with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list unless that
person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes.
The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting
business with a person at the time of the commission of a public entity crime which resulted in
that person being placed on the 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 the same, control as the person whose name appears on the convicted
vendor list so long as that person's name appears on the convicted vendor list.
14.00 Miscellaneous Provisions:
Trip /<; Equipment Grant Agreement 2009/2010
F . ..". 04/15/2009
Page 14 of 27
14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition,
reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or
equipment are equipped to prevent and control environmental pollution.
14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated
or liable hereunder to any party other than the Grantee.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the
Commission of any payment to the Grantee constitute or be construed as a waiver by the
Commission of any breach of covenant or any default which may then exist, on the part of the
Grantee, and the making of such payment by the Commission while any such breach or default
shall exist shall in no way impair or prejudice any right or remedy available to the Commission for
such breach or default.
14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this
Agreement is held invalid, the provision shall be severable and 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.
14.50 Bonus and Commissions: By execution of the Agreement the Grantee 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.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe
or enforce compliance with any provision thereof, perform any other act or do any other thing in
contravention of any applicable State or Federal law . Provided, that if any of the provisions of the
Agreement violate any applicable State or Federal law, the Grantee will at once notify the
Commission in writing in order that appropriate changes and modifications may be made by the
Commission and the Grantee to the end that the Grantee may proceed as soon as possible with
the Project.
14.70 Purchased Vehicles or Equipment:
14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to
maintain the vehicles and equipment purchased or financed in whole or in part with
Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order
for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations
or modifications to the equipment or vehicles without the consent of the Commission. Any
lease or assignment of operational responsibility of project vehicles and equipment to third-
persons is not allowed unless approved in writing by the Commission.
14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles
purchased with Transportation Disadvantaged Trust Funds are used to meet the identified
transportation needs of the non-sponsored and in support of the service plan established
under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009 Page 15 of 27
needs of the transportation disadvantaged of the area. Purchased Project equipment and
vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and
equipment will be used for the period of their useful lives in accordance with the most
current Commission policies. The 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 location at a mutually agreeable time.
Reimbursement of any equity or interest of the Grantee will be made after another party has
assumed the 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 of the
Grantee's interest and reimbursement. As determined by the Commission, failure to
satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be
sufficient cause for non-payment by the Commission as provided in Paragraph 8.25.
14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is
defined in the Commission's Capital Equipment Procedure as incorporated herein by
reference. The following applicable process must be used prior to disposition of any capital
equipment purchased with these grant funds:
a) While the 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 of any equipment purchased or financed in whole or in
part pursuant to this Agreement, including vehicles, during its useful life, for any
purpose. Proceeds from the sale of purchased project equipment and vehicles shall be
documented in the project file(s) by the Grantee. With the approval of the Commission,
these proceeds may be re-invested for any purpose which expands transportation
disadvantaged services for the non-sponsored. If the Grantee does not elect to re-
invest for purposes which expand transportation disadvantaged services, the gross
proceeds from sale shall be refunded to the Commission in the same participation
percentage ratios as were used to fund the original purchase.
b) The purchase of all vehicles and equipment financed in whole or in part pursuant to
this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission
for the Transportation Disadvantaged in accordance with State regulations and statutes.
Title to any vehicle purchased with Project funds shall be in the name of the Grantee,
subject to lien in favor of the Commission. The Commission will relinquish all interest in
the vehicles and equipment when it has reached the end of its useful life and at this
time the Commission will satisfy its lien of record.
c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds
and no longer a Commission approved Community Transportation Coordinator, the
capital equipment with useful life purchased with these grant funds must be transferred
to an eligible recipient in accordance with the Commission's Capital Equipment
Procedure.
14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract
Trir & Equipment Grant Agreement 2009/2010
F,. ,Rev 04/15/2009
Page 16 of 27
between the community transportation coordinator and a transportation operator or coordination
contractor paid in whole or in part with trust fund money, must be reported to the Commission.
Accidents involving a fatality or fatalities must be reported to the Commission not more than 24
hours after the community transportation coordinator becomes aware of the fatal accident. Any
other accident, those not involving a fatality or fatalities, with over $1,000 in property damages,
must be reported to the Commission not more than 72 hours after the community transportation
coordinator becomes aware of the accident.
15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital
equipment or major components thereof, upon the Commission's request the Grantee shall submit to
the Commission, certification that all such equipment meets or exceeds the requirements as identified
in Exhibit "A." Failure to abide by this requirement shall be sufficient cause for nonpayment by the
Commission as provided in Paragraph 8.23.
16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend,
save, and hold harmless the Commission and all their officers, agents or employees from all suits,
actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to
breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any
negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or
employees. Neither the Grantee nor any of its agents will be liable under this article for damages
arising out of injury or damage to persons or property directly caused or resulting from the sole
negligence of the Commission or any of their officers, agents or employees. The parties agree that this
clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar
provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no
agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the
Commission's negligence.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Legislature.
17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida
Department of Transportation (Department) and assigned to the Secretary of the Florida
Department of Transportation for administrative and fiscal accountability purposes; 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(7)(a) and Section 287.058, 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 shall be 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
Trip &. Equipment Grant Agreement 2009/2010
Foni ev. 04/15/2009 Page 17 of 27
periods exceeding one 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 twenty-five thousand dollars and having a term for a period of more
than one year.
In the event that this Agreement is for more than one year, this Agreement may be renewed
on a yearly basis for a period of up to two (2) years after the initial Agreement or for a
period no longer than the term of the original Agreement, whichever period is longer, on the
condition that renewals shall be contingent upon satisfactory performance evaluations by the
Grantee and is subject to the availability of funds. The Commission's performance and
obligation to pay under any multi-year Agreement is explicitly contingent upon an annual
appropriation by the Legislature.
18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30,
2010. If the Grantee does not complete the Project within this time period, this agreement will expire
unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the
Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be
considered termination of the Project and the procedure established in Article 9.00 of this agreement
shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by
which services may have been provided or equipment funds may have been expended or obligated
under a purchase order, as provided in the project description (Exhibit "A"). Unless otherwise extended
by the Commission, all reimbursement invoices must be received by the Commission no later than
August 15, 2010.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the
plural. All words used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders.
20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of
two counterparts, each of which so executed shall be deemed to be an original, and such counterparts
together shall constitute one in the same instrument.
21.00 Vendors and Subcontractors Rights:
21.10 Vendors (in this document identified as the Grantee) providing goods and services to the
Commission will receive payments in accordance with section 215.422, Florida Statutes. The
parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in
which the Commission is required to approve and inspect goods and services shall be for a period
not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department
of Transportation has twenty (20) days to deliver a request for payment (voucher) to the
Department of Financial Services after receiving an approved invoice from the Commission. The
twenty (20) days are measured from the latter of the date the invoice is received or the goods or
services are received, inspected, and approved.
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009
Page 18 of 27
If a payment is not available within forty (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. The interest
penalty provision applies after a 35 day time period to health care providers, as defined by rule.
Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests
payment. Invoices which have to be returned to a Grantee because of vendor preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Commission.
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be
contacted at (850) 413-5516 or toll free (877) 693-5236.
21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with
approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes.
Each third party contract from the Grantee to a subcontractor for goods or services to be
performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must
contain the following statement:
When a contractor receives from a state agency any payment for contractual services,
commodities, supplies, or construction contracts, except those construction contracts
subject to the provisions of chapter 339, the contractor shall pay such moneys received to
each subcontractor and supplier in proportion to the percentage of work completed by
each subcontractor and supplier at the time of receipt of the payment. If the contractor
receives less than full payment, then the contractor shall be required to disburse only the
funds received on a pro rata basis with the contractor, subcontractors, and suppliers,
each receiving a prorated portion based on the amount due on the payment. If the
contractor without reasonable cause fails to make payments required by this section to
subcontractors and suppliers within seven (7) working days after the receipt by the
contractor of full or partial payment, the contractor shall pay to the subcontractors and
suppliers a penalty in the amount of one-half of one percent of the amount due, per day,
from the expiration of the period allowed herein for payment. Such penalty shall be in
addition to actual payments owed and shall not exceed 15 percent of the outstanding
balance due. In addition to other fines or penalties, a person found not in compliance
with any provision of this subsection may be ordered by the court to make restitution for
attorney's fees and all related costs to the aggrieved party or the Department of Legal
Affairs when it provides legal assistance pursuant to this section. The Department of
Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings
brought against contractors under the provisions of this section.
22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by
the Commission.
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009
Page 19 of 27
FM/JOB Noes). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE July 1, 2009
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year
first above written.
GRANTEE: Collier County Board of County COMMISSION FOR THE TRANSPORTATION
Commissioners DISADVANTAGED
BY:
tfJ~ ~~
BY:
DONNA FIALA
TITLE: BCC Chairman
TITLE: Executive Director (Commission Desianee)
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i ~ Comm# DOO810028 i
i ~~~ e.,.. 7i2912012 ~
: ~,~()fl\: ~ Notanr' : (SEAL)
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NOT ARY.o.r.ft'Yl:I:..................;
~;~m 'V""u", h~L." V1
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ATTEST:
(SEAL)
NOTARY or TITLE
A........ . .. IonI a ..... sume...,
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Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009
Page 20 of 27
FM/JOB Noes). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE July 1, 2009
EXHIBIT "An
PROJECT DESCRIPTION AND RESPONSIBILmES
TRIP /EQUIPMENT
This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners, 3301 East Tamiami Trail,
Naoles. FL 34112.
PROJECT LOCATION: Collier County(s)
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 April 10, 2009. 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, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the
fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Capital equipment
will consist of:
None
SPECIAL CONSIDERATIONS BY GRANTEE:
1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida
Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000
or criteria set forth by any other federal, state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009
Page 21 of 27
FM/JOB No(s). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE July 1, 2009
EXHIBIT "B"
PROJECT BUDGET AN D DISBURSEMENT SCHEDULE
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners.
I. PROJECT COST:
Estimated Project Cost shall conform to those eligible Costs as indicated by 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 April 10, 2009.
Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this
agreement.
Non-sponsored Trips
Voluntary Dollar
$
635,069.00
243.00
20724618401
20724638401
TOTAL
$635,312.00
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%)
Local Cash Funds
Voluntary Dollar Contributions
Monetary Value of In-Kind Match
Total Project Cost
$571.562.00
$63.507.00
$219.00
$24.00
$635.312.00
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000)
FY 09/10
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
47.851 47.630 47.630 47.630 47.630 47.630 47.630 47.630 47.630 47.630 47.630 47.630
Trip & Fquipment Grant Agreement 2009/2010
Form i':(v. 04/15/2009
Page 22 of 27
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners, 3301
East Tamiami Trail. NaDles. FL 34112
EFFECTIVE DATE: Julv 1. 2009
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile or Trip) $
Ambulatory Per Passenger Trip $16.47
Wheelchair Per Passenger Trip $28.24
Stretcher Per Passenger Trip $58.83
Group Per Passenger Trip $8.08
Escorts Per Passenger Trip $5.00
Trip & Equipment Grant Agreement 2009/2010
Form Rev. 04/15/2009
Page 23 of 27
FM/JOB No(s). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE July 1, 2009
EXHIBIT "e"
TRIP/EQUIPMENT
This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the
Transportation Disadvantaged and Collier County Board of County Commissioners, 3301 East Tamiami Trail.
Naoles. FL 34112.
THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND
CERTIFICATIONS:
DOCUMENTS:
Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a
proper pre-audit and post-audit thereof.
Retain, and upon request, submit drivers' manifests, with supporting detailed documentation, in detail
sufficient for a proper pre-audit and post-audit thereof.
CERTIFICATIONS:
Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles
as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any
reimbursement request for vehicles and shall use the Commission approved format.
THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10
except that written approval is hereby granted for:
1. Contracts furnishing contractual services or commodities from a valid State or inter-governmental
contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan
as set forth in section 287.042(2), Florida Statutes.
2. Contracts furnishing contractual services or commodities for an amount less than Category II as set
forth in section 287.017(1)(b), Florida Statutes.
3. Contracts for consultant services for an amount less than Category I as set forth in section
287.017(1)(a), Florida Statutes.
Trir & Equipment Grant Agreement 2009/2010
FCJ:i,i Rev. 04/15/2009
Page 24 of 27
FM/JOB No(s). 20724618401/20724638401
CONTRACT NO.
AGREEMENT DATE July 1, 2009
EXHIBIT "D"
STATE AGENCY: FLORIDA DEPARTMENT OF TRANSPORTATION / FLORIDA COMMISSION FOR THE
TRANSPORTATION DISADVANTAGED
CSFA #: 55.001
TITLE: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (COMMISSION) TRIP
AND EQUIPMENT GRANT PROGRAM
AMOUNT: $571,781.00
COMPLIANCE REQUIREMENTS:
ALLOWED ACTIVITIES:
TriD
An eligible non-sponsored trip is one that originates or ends in the Community Transportation
Coordinator's service area. The Commission funds for non-sponsored trips shall be expended through a
Community Transportation Coordinator, which is operating under a current Memorandum of Agreement
(MOA), and will be expended at the fare structure contained in the approved Transportation
Disadvantaged Service Plan for the particular type or mode of service. Lack of an executed MOA and
approved Transportation Disadvantaged Service Plan will prevent the expenditure of any of these non-
sponsored trip/equipment funds unless otherwise approved in writing by the Commission or their
designee. (Application and Policy Manual, Section 1.A.(l), Rule 41-2.014, Florida Administrative Code).
EauiDment
Capital Equipment is any equipment used to maintain or provide improved or expanded transportation
services to the transportation disadvantaged and is exclusively utilized by the Community
Transportation Coordinator. Eligible capital equipment includes but is not limited to:
. small medium buses, cutaway vans (van body on truck chassis), etc.;
. station wagons or vans;
. wheelchair lifts, ramps, and restraints;
· two-way radios and communications equipment (TDD-Telecommunications Device for the Deaf),
cell phones, excluding annual service contracts;
. computer hardware/software;
· support equipment, other than items specifically identified in this section, above $500 per piece;
. vehicle procurement, testing, inspection acceptance, and vehicle rehabilitation when the
rehabilitation extends the life of the vehicle one year beyond the original expectancy; and
· initial installation or set-up costs of any of the above items.
(Application and Policy Manual, Section 1.A.(2), Rule 41-2.014, Florida Administrative Code)
ALLOW ABLE COST:
See Part Three
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CASH MANAGEMENT:
See Part Three
EOUIPMENT I REAL PROPERTY MANAGEMENT:
All vehicles purchased with Transportation Disadvantaged Funds shall be titled to the applying agency
with a lien to the Florida Commission for the Transportation Disadvantaged. Equipment purchased with
this grant shall be for exclusive use by the Community Transportation Coordinator and shall not be
leased or assigned for operational responsibility to third parties, unless approved in writing by the
Commission. The Commission shall retain a majority of the interest in all capital equipment until the
useful life of such equipment has been expended. At that time, the grantee may dispose of such
equipment with the written permission of the Commission in accordance with the Commission's Capital
Equipment Procedures. [Application and Policy Manual, Section l.A.(2)].
In accordance with the Americans with Disabilities Act, all vehicles purchased through this grant, which
are to be utilized on a fixed route/fixed schedule service, must be lift equipped. Applicants who intend
to utilize project vehicles for demand response services shall certify that their demand response service
offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the
level and quality of service offered to individuals without disabilities. [Application and Policy Manual,
Section l.A.(2)]
The Community Transportation Coordinator may allocate up to 25 percent of the total project budget
for capital expenditures excluding voluntary dollar contributions. Each vehicle or other capital
equipment purchase must be covered for liability and property insurance. The Commission must be
made and additional insured for liability policies and the loss payee for property insurance coverage.
(Application and Policy Manual, Section l.A.(2), Rule 41-2.014(2)(a), Florida Administrative Code).
MATCHING:
The trip/equipment grant program requires a local match. In defining local match, Rule 41-2.014(3),
Florida Administrative Code, requires that eligible grant recipients must provide at least 10 percent of
the total project cost as the local share. Examples of cash generated from local sources include local
appropriations, dedicated tax revenues, private donations, net income generated from advertising and
concessions, contract revenues, and farebox revenues. No federal or state revenues are acceptable as
local generated cash. (Application and Policy Manual, Section 2)
A 10 percent match is required for the money from the voluntary dollar contribution generated from
the annual vehicle registration forms and must be in-kind match. Examples of in-kind match include
non-cash donations, volunteered services, and salaries and fringe benefits. The value of each of these
must be documented, reasonable and necessary for the arrangement or provision of transportation
disadvantaged services. Service provided with State or Federal government revenues is not accepted
as in-kind match. (Application and Policy Manual, Section 2)
PERIOD OF AVAILABILITY:
Project costs eligible for State participation will be allowed only from the date of the Agreement. (Grant
Agreement Provision 4.20)
SUBRECIPIENT MONITORING:
Third party contracts are contracts between a grantee and any subg rantee, or pass through funding
recipient, consultants, or others in the private sector for work needed to carry out a project. Unless
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Fe. I Rev. 04/15/2009 Page 26 of 27
otherwise authorized in writing by the Commission, the Grantee may not execute any contract or
obligate itself in any manne r requiring the disbursement of Transportation Disadvantaged Trust Fund
money, including transportation operator and consultant contracts or amendments thereto, with any
third party with respect to the project without being able to provide a written certification (upon the
Commission's request) 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
Statutes, and the rules promulgated by the Department of Management Services. The procurement,
execution, audit and closing of third-party contracts are basic grantee responsibilities and must be
carried out using the same guidelines and procedures as described in Chapter 287, Florida Statutes.
Inter-agency agreements or contracts passing through grant funds to other public bodies (including
public transit operators) or transportation operators as defined in Chapter 427, Florida Statutes, are
not third-party contracts. However, the pass-through recipient must comply with Chapter 287, Florida
Statutes, if it enters into any subsequent third-party contract using Transportation Disadvantaged Trust
Funds. (Grant Agreement Provision 12.10; Application and Policy Manual, Section 7)
In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, as
revised, monitoring procedures may include, but not be limited to, on-site visits by Commission staff.
The Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Commission, the Florida Department of Transportation's Office of Inspector General
(DIG) and Florida's Chief Financial Officer or Auditor General. (Application and Policy Manual, Section
7).
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