Resolution 2014-111 RESOLUTION No.2014- 1 1 1
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF
ENTERING INTO A TRANSPORTATION DISADVANTAGED TRUST FUND
TRIP/EQUIPMENT GRANT AGREEMENT WITH THE FLORIDA COMMISSION
FOR THE TRANSPORTATION DISADVANTAGED FOR STATE FUNDING IN
THE AMOUNT OF 5781 ,793.00, AND AUTHORIZING ITS CHAIRMAN TO
SIGN THE GRANT AGREEMENT.
WHEREAS, at the June 10, 2014, meeting of the Board of County Commissioners
the Board by majority vote approved a Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Agreement (the "Agreement" — FM# 43202718401/43202818401)
with the Florida Commission for the Transportation Disadvantaged ("FCTD") for State
FCTD funding in the amount of $781,793.00 (with a total project cost of $868,659.00) 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
the Board's aforementioned affirmative vote acknowledging its approval and 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 June 10, 2014, the Board of County Commissioners authorized its Chairman, by
majority vote, to enter into the above-referenced Transportation Disadvantaged Trust Fund
Trip/Equipment Grant Agreement with the Florida Commission for the Transportation
Disadvantaged.
This Resolution adopted this 10th day of June, 2014 after motion, second and majority
vote in favor of passage.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER OUNT , FLORIDA
By: 10. . ' % -h.C- By:
Deputy Clerk 4117. om -enning, C airm. \
Attest as airman's
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Approved as to form and legality:
By: U A -c
Scott R. Teach
Deputy County Attorney
SAMAS Approp: 108846 Fund: TDTF FM/Job No(s).: 43202718401/43202818401
SAMAS Obj.: 750074 Function: 035 CSFA No. 55.001
Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59-6000558-004
FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED
TRIP & EQUIPMENT GRANT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2014 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, 3299 Tamiami Trail, Suite #700, Naples, FL 34112 hereinafter called the
Grantee.
WITNESSETH:
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
Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as
revised on April 2, 2014, 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.
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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 "C." 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, and the Program Manual for the Trip & Equipment Grant, as
revised on April 2, 2014.
2.60 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 refusal
to reimburse project funds or other permissible sanctions against the Grantee, including
termination.
3.00 Total Project Cost: The total estimated cost of the Project is $868,659.00. This amount is
based upon the amounts 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 $781,793.00 as detailed in Exhibit "B," or in an
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amount equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is
less.
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
Program 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:
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6.10 The Project Budget: The Grantee shall maintain the Commission approved Project
Budget, as set forth in Exhibit "B," 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 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 "B." Grantee shall invoice on a monthly basis actual costs that may be
above or below (+/-) the amount of the monthly allocation disbursement schedule reflected on
Exhibit "B". At times, this may result in "underbilling" or "overbilling". Any excess
(underbilled) funds may be recaptured on a monthly invoice that does not exceed the
cumulative total of funds disbursed to date with supporting documentation. No excess funds
remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any
overpayment of TD funds must be repaid to the Commission upon project completion.
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
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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 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.
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7.60 Audits:
Part I: Federally Funded
Recipients of federal funds (i.e. 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
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 (i.e., 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 (i.e. a nonstate entity as defined by Section 215.97(2), 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
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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(8), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2), 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
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:
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Florida Department of Transportation
Office of Comptroller, MS 24
Tallahassee, Florida 32399-0450
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit @ dot.state.fl.us
A. 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
B. Other Federal agencies and pass-through entities in accordance with Sections
.320 (e) and (f), OMB Circular A-133, as revised.
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), OMB
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:
Florida Department of Transportation
Office of Comptroller, MS 24
Tallahassee, Florida 32399-0450
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit @ dot.state.fl.us
In addition, pursuant to Section .320(f), OMB 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:
Florida Department of Transportation
Office of Comptroller, MS 24
Tallahassee, Florida 32399-0450
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit @dot.state.fl.us
3. Copies of financial reporting packages shall be submitted by or on behalf of the recipient
directly to each of the following:
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Florida Department of Transportation
Office of Comptroller, MS 24
Tallahassee, Florida 32399-0450
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit @dot.state.fl.us
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:
Florida Department of Transportation
Office of Comptroller, MS 24
Tallahassee, Florida 32399-0450
605 Suwannee Street
Tallahassee, Florida 32399-0450
Email: FDOTSingleAudit @dot.state.fl.us
Part V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms 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:
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7.71 Liability: Liability coverage in an amount of $200,000 for any one (1) person,
$300,000 per occurrence at all times in which Project vehicles or equipment are engaged.
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
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;
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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 arrangements which have not been approved in writing by the Commission or
certified by the Grantee, pursuant to Exhibit "C."
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-1, Florida
Administrative Code, and the Program 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
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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, 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
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Form Rev. 4/2/2014 Page 12 of 28
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, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or 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.
Trip& Equipment Grant Agreement 2014/2015
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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 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.
Trip&Equipment Grant Agreement 2014/2015
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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.
13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's
E-Verify system, in accordance with the terms governing use of the system, to confirm the
employment eligibility of:
1. all new persons employed by the grantee during the term of the grant agreement to
perform employment duties within Florida; and
2. all new persons, including subcontractors, assigned by the grantee to perform work
pursuant to the contract with the Commission.
The Commission shall consider the employment by any vendor of unauthorized aliens a
violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly
employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this
agreement.
Refer to the U.S. Department of Homeland Security's website at www.dhs.gov to learn more
about E-Verify.
14.00 Miscellaneous Provisions:
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.
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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 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
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
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Form Rev. 4/2/2014 Page 16 of 28
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.
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.
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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 or any subcontractor's or other entity'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. If applicable, Grantee's
performance of its obligations under this Agreement is subject to an appropriation by the
Grantee's Board of County Commissioners for the purposes set forth hereunder. The
Commission acknowledges where the Grantee is a political subdivision of the State of Florida it
is authorized to act in accordance with the Grantee's purchasing ordinance(s), laws, rules and
regulations.
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 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
Trip&Equipment Grant Agreement 2014/2015
Form Rev. 4/2/2014 Page 18 of 28
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, 2015. If the Grantee does not complete the Project within this time period, this agreement will
expire. 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 received 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, 2015.
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.
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.
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•
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.
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1
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
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:( 1► \J BY:
TOM HENNING
TITLE: CHAIRMAN TITLE: Executive Director(Commission Designee)
ATTEST
DWIGHT E. BROCK, CLERK
BY:n2.1.44.4-ert5LIC"--
5pttest as to
Signature only.
roved as tom/aill legality
Scott R. Teach, eputy County Attorney
Trip& Equipment Grant Agreement 2014/2015
Form Rev. 4/2/2014 Page 21 of 28
LC
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
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, 3299 Tamiami Trail,
Suite #700, Naples, FL 34112.
PROJECT LOCATION: Collier County(ies)
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 Program
Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April
2, 2014. 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 latest Florida
Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal,
state, or local government agency.
SPECIAL CONSIDERATIONS BY COMMISSION:
Not applicable
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Form Rev. 4/2/2014 Page 22 of 28
FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT "B"
PROJECT BUDGET AND 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, 3299 Tamiami Trail, Suite
#700, Naples, FL 34112.
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 Program Manual for
the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 2, 2014.
Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of
this agreement.
Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the
monthly allocation disbursement schedule reflected on Exhibit "B". At times, this may result in
"underbilling" or "overbilling". Any excess (underbilled) funds may be recaptured on a monthly invoice
that does not exceed the cumulative total of funds disbursed to date with supporting documentation. No
excess funds remaining on the grant at the end of the grant period will be reimbursed to the Grantee.
Any overpayment of TD funds must be repaid to the Commission upon project completion.
Non-sponsored Trips $868,559 FM# 43202718401
Voluntary Dollar $100 FM# 43202818401
TOTAL $868,659
II. SOURCE OF FUNDS:
Commission for the Transportation
Disadvantaged State Funds (no more than 90%) $781,703
Local Cash Funds $86,856
Voluntary Dollar Contributions $90.00
Monetary Value of In-Kind Match $10.00
Total Project Cost $868,659
III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
FY 14/15 65,242 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141 65,141
Trip&Equipment Grant Agreement 2014/2015
Form Rev. 4/2/2014 Page 23 of 28
TRANSPORTATION DISADVANTAGED TRUST FUND
SERVICE RATES
EXHIBIT B
PAGE 2 OF 2
COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners
EFFECTIVE DATE: July 1, 2014
TYPE OF SERVICE TO BE UNIT COST PER UNIT
PROVIDED (Passenger Mile or Trip) $
Ambulatory Passenger Trip $25.96
Wheelchair Passenger Trip $44.50
Stretcher Passenger Trip $76.87
Group Passenger Trip (Per Group) $23.88
Group Passenger Trip (Per Individual) $20.33
Escort Passenger Trip $5.00
Bus Pass (daily full fare) per pass $4.00
Bus Pass (daily reduced fare) per pass $2.00
Bus Pass (weekly full fare) per pass $15.00
Bus Pass (weekly reduced fare) per pass $7.50
Bus Pass (monthly full fare) per pass $35.00
Bus Pass (monthly reduced fare) per pass $17.50
Macro Express (monthly full fare) per pass $70.00
Macro Express (monthly reduced fare) per pass $35.00
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Form Rev. 4/2/2014 Page 24 of 28
r
FM/30B No(s). 43202718401143202818401
CONTRACT NO.
AGREEMENT
DATE
EXHIBIT "C"
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, 3299 Tamiami Trail,
Suite #700, Naples, 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(2), Florida Statutes ($35,000).
3. Contracts for consultant services for an amount less than Category I as set forth in Section
287.017(1), Florida Statutes ($20,000).
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FM/JOB No(s). 43202718401/43202818401
CONTRACT NO.
AGREEMENT
DATE
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
TOTAL STATE FUNDING AMOUNT: $781,793.00
COMPLIANCE REQUIREMENTS:
ALLOWED ACTIVITIES:
Trip
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. [Program Manual for Trip & Equipment Grants, Rule 41-2.014, Florida Administrative Code].
Eauipment
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.
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EQUIPMENT/REAL PROPERTY MANAGEMENT:
All vehicles purchased with Transportation Disadvantaged Funds shall be titled to the recipient 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 consumed. 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. [Program Manual for Trip & Equipment Grants].
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. Recipients who intend
to utilize project vehicles for demand response services shall assure 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. [Program manual for the Trip &
Equipment Grants].
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 insurance. The Commission must be made an
additional insured for liability policies. [Program Manual for Trip & Equipment Grants, 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. [Program Manual for Trip & Equipment Grants].
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. [Program Manual for Trip & Equipment Grants].
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 subgrantee, or pass through funding
recipient, consultants, or others in the private sector for work needed to carry out a project. Unless
otherwise authorized in writing by the Commission, the Grantee may not execute any contract or
obligate itself in any manner 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
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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; Program Manual for Trip & Equipment Grants].
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
(OIG) and Florida's Chief Financial Officer or Auditor General. [Program Manual for Trip & Equipment
Grants].
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