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Backup Documents 06/09/2015 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLII.'6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office, Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 5 KV . sA / Gl'ct kC 4. BCC Office Board of County Commissioners \r% // (oAttkt 5. Minutes and Records Clerk of Court's Office -Trn birtft5 3:24 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of th addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Yousi Cardeso, PTNE/IesS)t /. Phone Number 252-5886 Contact/ Department Agenda Date Item was 6/9/15.v/ Agenda Item Number 16-D-9 1/ Approved by the BCC , Type of Document Resolution =7\-;;:ort-A ,{ �c Number of Original One Attached "--\--) ,�� -c 3� Documents Attached PO number or account - aO'S. I IS number if document is to be recorded 'ir"VeL• INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?(54 c*...., 'te S \ 2. Does the document need to be sent to another agency for additional signatur ? If yes, to provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 'S�T 3. Original document has been signed/initialed for legal sufficiency. (All documents to be YC signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's YC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the YC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip '€- should be provided to the County Attorney Office at the time the item is input into SIRE. �_�.0 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/9/15 and all changes made during the YC , meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. ; 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready f• the 5 .\ Chairman's signature. \('N ''' '. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05;Revised 11/30/12 1 6Q9 MEMORANDUM Date: June 17, 2015 To: Yousi Cardeso, Administrative Assistant Alternative Transportation Modes From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2015-115 Attached is your request for one (1) certified copy of the document referenced above, (Item #16D9) adopted by the Board on Tuesday, June 9, 2015. If you have questions or need further assistance, please contact me at 252-8411. Thank you. Attachment 1609 MEMORANDUM Date: June 15, 2015 To: Tessie Sillery, Operations Coordinator Public Transit & Neighborhood Enhancement From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2015-115/Entering into the Transportation Disadvantaged Trust Fund Trip/Equipment Grant Agreement Attached for your record is an original of the item referenced above, (Agenda Item #16D9) adopted by the Board of County Commissioners June 9, 2015. If you have any questions, please call me at 252-8411. ThankY ou. 1609 RESOLUTION No.2015- 1 1 5 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 $781 793.00 AND AUTHORIZING ITS CHAIRMAN TO SIGN THE GRANT AGREEMENT, UPON PRESENTMENT BY THE STATE,FOLLOWING COUNTY ATTORNEY REVIEW. WHEREAS, at the June 9, 2015, meeting of the Board of County Commissioners the Board by majority vote approved entering into a Transportation Disadvantaged Trust Fund Trip/Equipment Grant Information Sheet & Agreement 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) upon presentment of the Agreement by the State and authorized its Chairman to execute the Agreement with the FCTD following County Attorney review;and WHEREAS, the FCTD requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote acknowledging its authorization of its Chairman to execute the Information Sheet&Agreement for funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; On June 9, 2015, the Board of County Commissioners authorized its Chairman, by majority vote, to enter into the above-referenced Transportation Disadvantaged Trust Fund Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission for the Transportation Disadvantaged upon presentment from the State following County Attorney review of the Agreement. This Resolution adopted this 'cA-k-V1 day of 0-(..›Nr\<._, , 2015 after motion, second and majority vote in favor of passage. €s r ., ATt'ESfi .%l BOARD OF COUNTY COMMISSIONERS DWIGHT E. SOCK, CLERK COLLIER COUNTY, FLORIDA B ► `e9By: l �',a4114€ eputy Clerk Attest as to Chairman's Tim Nance, Chairman signature fpnly. Approved as to form and legality. IhDItem# -I By: Scott Teach Agenda J„ � ��S Deputy County Attorney Date =t-W- Date (210.1i s Red t.► , 1 Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPS 60 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 6/23/15 4. BCC Office Board of County Commissioners 6,1.-3\\5 5. Minutes and Records Clerk of Court's Office ICU (p 123115 3:5S? PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Yousi Cardeso,PTNE Phone Number 252-5886 / Contact/ Department Agenda Date item was 6/9/15 V Agenda Item Number 16-D-9 VI Approved by the BCC Type of Document Transportation Disadvantaged Trip& Number of Original One Attached Equipment Grant Application Form Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/9/15 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the -' BCC,all changes directed by the BCC have been made,and the document is ready f the Chairman's signature. PLEASE CONTACT YOUSI CARDESO WHEN READY I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 9 MEMORANDUM Date: June 26, 2015 To: Yousi Cardeso, Administrative Assistant Alternative Transportation Modes From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Transportation for the Disadvantaged Trip & Equipment Grant Application Form Attached is your request for one (1) scanned copy of the document referenced above, (Item #16D9) adopted by the Board on Tuesday, June 9, 2015. Please forward the fully executed original to the Board's Minutes and Records Department to be kept as part of the Board's Official Record. If you have questions or need further assistance, please contact me at 252-7240. Thank you. Attachment rondo Corn, , ,,„ fe4, Transportation Disadvantaged Transportation Trip and Equipment Grant Application Form Disadvantaged 1609 GRANT RECIPIENT LEGAL NAME: Collier County Board of County Commissioners FEDERAL EMPLOYER IDENTIFICATION NUMBER: 59-6000558 REGISTERED ADDRESS: 3299 Tamiami Trail East, Suite # 700 CITY AND STATE: Naples, Fl ZIP CODE: 34112 CONTACT PERSON FOR THIS GRANT: Michelle Arnold PHONE NUMBER: 239-252-5841 FAX NUMBER: 239-252-3929 (REQUIRED) E-MAIL ADDRESS: michellearnold@colliergov.net PROJECT LOCATION [County(ies)]: Collier County PROPOSED PROJECT START DATE: July 1, 2015 PLANNING FUNDS TRANSFERRED FROM PLANNING AGENCY $ 0 GRANT AMOUNT - STATE ALLOCATION (90%) $ 781,703 GRANT AMOUNT - LOCAL MATCH (10%) $ 86,856 VOLUNTARY DOLLAR AMOUNT $ 53 LOCAL MATCH FOR VOLUNTARY DOLLARS (IN KIND) $ 6 TOTAL PROJECT AMOUNT $ 8684619 Anticipated Capital Equipment Request Description Dollar Amount Local Coordinating Board Review Only Required If Requesting Capital Equipment: This Application Form requesting the purchase of capital equipment has been reviewed by the N/A Local Coordinating Board. ATTEST DWIGHT E. BROCK, CLE' Local Coordinating Board Chairpersons Signature t l BY: tar • es es ann. 's I, TIN E' nil�� ecerttfy tha the as eau orized Grant Recipient Representative, r information contained in this forms is true and accurate and is submitted in accordance with the grlication instructions. ll b`clVS Grant Recipient Representative (Signature) Date nrnvprr as to rrn and legality Trip and Equipment Grant Program Manual Form Rev. 5/10/2015 r[/ j y Scat R. leach, Deputy L,,..•.. - . biln(nxhsi`tiv thn f' Transportation Disadvantaged Trust Fund Transportation Disadvantaged Service Rates Form 613 9 Community Transportation Coordinator(CTC) Collier County Board of County Commissioners Service Rate Effective Date 7/1/2015 Grant Agreement Service Rates Type of Service Cost Transportation Mode Unit of Measure Per Unit * Ambulatory Trip $30.65 * Wheel Chair Trip $52.53 *Stretcher Trip $0.00 Bus Pass—Daily Pass _ $4.00 Bus Pass—Weekly Pass _ $15.00 Bus Pass—Monthly Pass _ $35.00 Bus Pass—Daily Reduced Pass $2.00 Bus Pass—Weekly Reduced Pass $7.50 Bus Pass—Monthly Reduced Pass $17.50 Bus Pass—Marco Express Pass $70.00 Bus Pass—Marco Express Reduced Pass $35.00 Group Trip—Per passenger Trip $21.21 Group Trip—Per group Trip $31.66 Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter $ Per Unit Additional Service Transportation Mode Enter Unit of Measure Enter$ Per Unit *Ambulatory, Wheel Chair and Stretcher must all use the same Unit of Measure either Trip or Passenger Mile; Cannot mix, all must be the same regardless of Transportation Mode. service Rates Form 20150510 Form Revised 6/11/2015 I, f Commission for the Transportation Disadvantaged Trip&Equipment Grant Allocations FY 2015-2016 COUNTY TRIP/EQUIP LOCAL TOTAL VOLUNTARY VOLUNTARY TOTAL TOTAL ESTIMATED FUNDS FM/Job# TRIP/EQUIP TRIP/EQUIP DOLLARS FM/Job DOLLARS LOCAL VOLUNTARY PROJECT FUNDING 43202718401 MATCH FUNDS #43202818401 MATCH DOLLARS Alachua $602,225 $66,914 $669,138 $205 $23 $228 $669,366 Baker $187,668 $20,852 $208,520 $0 $0 $0 $208,520 Bay $444,181 $49,353 $493,534 $83 $9 $92 $493,626 Bradford $119,844 $13,316 $133,160 $0 $0 $0 $133,160 Brevard $1,458,517 $162,057 $1,620,574 $297 $33 $330 $1,620,904 Broward $3,745,913 $416,213 $4,162,126 $817 $91 $908 $4,163,033 Calhoun $177,511 $19,723 $197,234 $1 $0 $1 $197,235 Charlotte $358,499 $39,833 $398,333 $20 $2 $22 $398,355 Citrus $397,601 $44,178 $441,778 $39 $4 $43 $441,822 Clay $374,897 $41,655 $416,552 $56 $6 $62 $416,615 Collier $781,703 $86,856 $868,559 $53 $6 $59 $868,619 Columbia $327,536 $36,393 $363,929 $5 $1 $6 $363,934 Desoto $231,519 $25,724 $257,244 $1 $0 $1 $257,245 Dixie $189,434 $21,048 $210,482 $0 $0 $0 $210,482 Duval $1,494,216 $166,024 $1,660,240 $567 $63 $631 $1,660,870 Escambia $657,565 $73,063 $730,628 $136 $15 $151 $730,779 Flagler $277,701 $30,856 $308,557 $23 $3 $26 $308,583 Franklin $171,761 $19,085 $190,845 $0 $0 $0 $190,845 Gadsden $326,798 $36,311 $363,109 $24 $3 $27 $363,135 Gilchrist $108,423 $12,047 $120,470 $1 $0 $1 $120,472 Glades $192,622 $21,402 $214,024 $0 $0 $0 $214,024 Gulf $173,127 $19,236 $192,364 $0 $0 $0 $192,364 Hamilton $154,208 $17,134 $171,343 $0 $0 $0 $171,343 Hardee $241,078 $26,786 $267,864 $6 $1 $7 $267,871 Hendry $343,693 $38,188 $381,881 $2 $0 $2 $381,883 Hernando $398,198 $44,244 $442,442 $39 $4 $43 $442,485 Highlands $445,781 $49,531 $495,313 $7 $1 $8 $495,320 Hillsborough $1,924,352 $213,817 $2,138,169 $242 $27 $269 $2,138,438 Holmes $187,218 $20,802 $208,020 $1 $0 $1 $208,021 Indian River $306,500 $34,056 $340,555 $29 $3 $32 $340,588 Jackson $398,441 $44,271 $442,712 $31 $3 $34 $442,746 Jefferson $172,491 $19,166 $191,657 $2 $0 $2 $191,659 Lafayette $142,044 $15,783 $157,827 $11 $1 $12 $157,839 Lake $671,585 $74,621 $746,206 $128 $14 $142 $746,348 Lee $746,770 $82,974 $829,744 $624 $69 $694 $830,438 Leon $513,353 $57,039 $570,392 $310 $34 $344 $570,736 Levy $364,754 $40,528 $405,282 $4 $0 $4 $405,287 Liberty $243,425 $27,047 $270,472 $1 $0 $1 $270,473 Madison $208,432 $23,159 $231,591 $1 $0 $1 $231,593 Manatee $587,445 $65,272 $652,717 $70 $8 $78 $652,795 Marion $822,167 $91,352 $913,518 $49 $5 $54 $913,573 Martin $283,678 $31,520 $315,198 $96 $11 $107 $315,305 Miami-Dade $8,763,921 $973,769 $9,737,690 $2,664 $296 $2,960 $9,740,650 Monroe $372,786 $41,421 $414,207 $29 $3 $32 $414,239 Nassau $288,182 $32,020 $320,202 $51 $6 $57 $320,258 Okaloosa $464,919 $51,658 $516,577 $27 $3 $30 $516,607 Okeechobee $251,658 $27,962 $279,620 $1 $0 $1 $279,621 Orange $2,059,361 $228,818 $2,288,179 $564 $63 $627 $2,288,806 June 2015 ID 16139 Commission for the Transportation Disadvantaged Trip&Equipment Grant Allocations FY 2015-2016 COUNTY TRIP/EQUIP LOCAL TOTAL VOLUNTARY VOLUNTARY TOTAL TOTAL ESTIMATED FUNDS FM/Job# TRIP/EQUIP TRIP/EQUIP DOLLARS FM/Job DOLLARS LOCAL VOLUNTARY PROJECT FUNDING 43202718401 MATCH FUNDS #43202818401 MATCH DOLLARS Osceola $986,920 $109,658 $1,096,577 $22 $2 $24 $1,096,602 Palm Beach $2,732,255 $303,584 $3,035,839 $743 $83 $825 $3,036,664 Pasco $650,091 $72,232 $722,323 $141 $16 $157 $722,480 Pinellas $2,309,676 $256,631 $2,566,307 $383 $43 $426 $2,566,733 Polk $1,189,086 $132,121 $1,321,207 $162 $18 $180 $1,321,387 Putnam $370,687 $41,187 $411,874 $34 $4 $38 $411,912 Saint Johns $437,406 $48,601 $486,007 $93 $10 $103 $486,110 Saint Lucie $496,338 $55,149 $551,487 $89 $10 $99 $551,586 Santa Rosa $396,395 $44,044 $440,438 $18 $2 $20 $440,458 Sarasota $692,304 $76,923 $769,227 $297 $33 $330 $769,557 Seminole $680,897 $75,655 $756,552 $287 $32 $318 $756,870 Sumter $281,218 $31,246 $312,464 $21 $2 $23 $312,488 Suwannee $237,221 $26,358 $263,579 $2 $0 $2 $263,581 Taylor $280,984 $31,220 $312,204 $6 $1 $7 $312,211 Union $94,303 $10,478 $104,781 $0 $0 $0 $104,781 Volusia $1,046,410 $116,268 $1,162,678 $183 $20 $204 $1,162,882 Wakulla $186,512 $20,724 $207,235 $4 $0 $4 $207,240 Walton $372,229 $41,359 $413,588 $5 $1 $6 $413,593 Washington $214,526 $23,836 $238,362 $2 $G $2 $238,365 TOTALS $47,811,160 $5,312,351 $53,123,511 $9,809 $1,090 $10,899 $53,134,410 June 2015 ) 160 9 EXECUTIVE SUMMARY Recommendation to recognize FY 2015/2016 Transportation Disadvantaged Trust Fund Trip/Equipment Grant revenue in the amount of$781,793 with a local match of$86,866, approve a resolution authorizing its Chairman to execute the grant information sheet and grant agreement upon receipt from the State, after County Attorney review, and approve the appropriate budget amendments to prevent delay of the use of grant funds for the Collier Area Transit system. OBJECTIVE: To continue the Collier Area Paratransit public door-to-door transportation program. CONSIDERATION: Collier County is eligible for Transportation Disadvantaged Trust Fund Trip/Equipment grant funds each year. Funds from this grant cover a portion of the operating expenses of the Transportation Disadvantaged Program. On April 22, 2015 staff received draft allocations from the Florida Commission for the Transportation Disadvantaged (FCTD) regarding the FY 15/16 Transportation Disadvantaged Trust Fund Trip/Equipment funding. Collier County is anticipated to be eligible to receive$781,793 in FY 15/16. A B C D A+C A+B+C+D Trip/Equipment Required Voluntary Voluntary Total Grantor Total Grant Funds Local Match Dollars Dollars Local Contribution Estimate Contribution Match for Collier Project Cost/Award $781,703 $86,856 $90 $10 $781,793 $868,659 Typically, Collier County receives notification of the award and the grant agreement in May of each year. The FLCTD's budget is contingent upon the Florida Legislature adopting a budget and ultimately Governor approval. Unfortunately, since the session ended early and must reconvene in June to adopt a budget, it is anticipated that the FLCTD's grant award notifications will be delayed as well. Since funding cannot be spent until the grant information sheet and grant agreement are executed by both parties, County funds must be used for transit operations in lieu of these grant funds during the award execution and County budget processing period. To expedite the process and prevent excessive use of County funds, CAT is requesting that the Board authorize its Chairman to execute the funding award and Agreement immediately following its receipt from the State after County Attorney review. Additionally, CAT is requesting authorization of award and match budget amendments, in the amount indicated, prior to receipt of the grant award. Expenses will be applied to this grant budget only after the grant award is fully executed. Budget changes required by the final allocation amount will be brought before the Board as required. FISCAL IMPACT: A budget amendment is required in the amount of $781,793 in Transportation Disadvantage (TD) Grant Fund 428, Project 33424. The required 10% match of $86,866 is budgeted separately in TD Match Grant Fund 429 in Project 33424 and also requires a budget amendment. Match funds are available Reserves within the TD Match Fund (429). General Fund (001) revenues are the source of funding. The General Fund provides annual TD support to cover operational costs that exceed grantor subsidies and farebox collections. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT 460 IYI-V RESOLUTION No.2015- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY FLORIDA, MEMORIALIZING TILE BOARD'S APPROVAL OF ENTERING INTO A TRANSPORTATION DISADVANTAGED TRUST FUND TRI_ GRANT AGREEMENT WITH THE FLORIDA COIISSION FOR THE TRANSPORTATION DISADVANTAGED FOR STATE FUNDING IN THE AMOUNT OF $781 793.00 AND AUTHORIZING ITS CHAIRMAN STA E,FOLLOWING COOUNTY ATTORRNNEYR EDPRESENTMENT BY WHEREAS,at the June 9, 2015, meeting of the Board of County Commissioners the Board by majority vote approved entering into a Transportation Disadvantaged Trust Fund Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission for the Transportation Disadvantaged ("FCTD") for State FCTD funding in the amount of $781,793.00 (with a total project co_stof$868,659.Q0) upon presentment of the Agreement by the State and authorized its Chairman to execute the Agreement with the FCTD following County Attorney review;and WHEREAS, the FCTD requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote acknowledging its authorization of its Chairman to execute the Information Sheet&Agreement for funds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; On June 9, 2015, the Board of County Commissioners authorized its Chairman, by majority vote, to enter into the above-referenced Transportation Disadvantaged Trust Fund Trip/Equipment Grant Information Sheet & Agreement with the Florida Commission for the Transportation Disadvantaged upon presentment from the State following County Attorney review of the Agreement. This Resolution adopted this day of , 2015 after motion, second and majority vote in favor of passage. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk Tim Nance,Chairman Approved as to form and legality: By: mss..._ Scott Teach Deputy County Attorney Martha S. Vergara From: Neet, Virginia 160 Sent: Friday, June 26, 2015 10:43 AM To: Martha S. Vergara Subject: FW:Trip Equip Grant Allocations FY 15-16 Attachments: Collier TE Grant Agreement 15-16 (2).pdf; Draft Trip Equip Grant Allocations FY 15-16 (3).xls From: TeachScott Sent: Thursday, June 25, 2015 8:10 AM To: NeetVirginia Subject: FW: Trip Equip Grant Allocations FY 15-16 Fyi, below. Scott R.Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 Office of the County Attorney,3299 East Tamiami Trail,Suite,800, Naples, FL 3411.2 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: ArnoldMichelle Sent: Wednesday, June 24, 2015 5:09 PM To: TeachScott Cc: CardesoYousi; StanleyTherese; SotoCaroline Subject: Trip Equip Grant Allocations FY 15-16 Scott, The attached Draft Trip and Equipment (T&E)grant allocation was sent to staff from the TD Commission in April with the understanding that the amount included was preliminary pending legislative budget allocation. This is the information that was contained in the ES and the Resolution. For the BCC consideration with a request to have the BCC authorize the final amount as specified in the Agreement when received from the TD Commission. We received the Agreement from the TD Commission last week which contains a total grant award amount that is slightly different from what was noted in the Executive Summary and Resolution. The total T&E award amount is $868,619 as opposed to $868,659 noted (a difference of$40). The variance in amount is small enough to be corrected administratively which will be completed by the budget office. The Agreement must be forwarded to the TD Commission prior to June 30th in order to utilize the funding for July 1st. Your assistance in getting the Agreement signed by the Chairman would be greatly appreciated. Thank you, • 1 160 9 Martha S. Vergara From: Neet, Virginia Sent: Friday, June 26, 2015 10:43 AM To: Martha S. Vergara Subject: FW: Trip Equip Grant Allocations FY 15-16 Attachments: Collier TE Grant Agreement 15-16 (2).pdf; Draft Trip Equip Grant Allocations FY 15-16 (3).xls From: TeachScott Sent: Thursday, June 25, 2015 8:10 AM To: NeetVirginia Subject: FW: Trip Equip Grant Allocations FY 15-16 Fyi, below. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252-8400 Fax: (239) 252-6300 Office of the County Attorney, 3299 East Tamiami Trail,Suite 800, Naples, FL 34112 Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: ArnoldMichelle Sent: Wednesday, June 24, 2015 5:09 PM To: TeachScott Cc: CardesoYousi; StanleyTherese; SotoCaroline Subject: Trip Equip Grant Allocations FY 15-16 Scott, The attached Draft Trip and Equipment(T&E)grant allocation was sent to staff from the TD Commission in April with the understanding that the amount included was preliminary pending legislative budget allocation. This is the information that was contained in the ES and the Resolution. For the BCC consideration with a request to have the BCC authorize the final amount as specified in the Agreement when received from the TD Commission. We received the Agreement from the TD Commission last week which contains a total grant award amount that is slightly different from what was noted in the Executive Summary and Resolution. The total T&E award amount is $868,619 as opposed to$868,659 noted (a difference of$40). The variance in amount is small enough to be corrected administratively which will be completed by the budget office. The Agreement must be forwarded to the TD Commission prior to June 30`h in order to utilize the funding for July 1st. Your assistance in getting the Agreement signed by the Chairman would be greatly appreciated. Thank you, 1 1609 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 1 day of July , 2015 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, Florida 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment, and as further described in this Agreement and in Exhibit(s) A, B, and C, 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 2015/2016 Form Rev. 05/10/2015 Page 1 of 23 1609 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. 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant. 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 $868,619. 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 $781,756 as detailed in Exhibit "B," or in an amount Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 2 of 23 1609 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 have from the Commission an executed grant amendment prior to the purchase. 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 3 of 23 16D 9 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 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 4 of 23 1609 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 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, invoices, vehicle titles, and other detailed supporting documentation evidencing in proper detail of the charges The Grantee shall provide upon request, 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: 1. The administration of resources awarded through the Commission to the Grantee by this Agreement may be subject to audits and/or monitoring by the Commission and the Department of Transportation (Department). The following requirements do not limit the Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 5 of 23 1609 authority of the Commission or the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Grantee shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance may include but not be limited to on-site visits by Commission and/or Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Commission by this Agreement. By entering into this Agreement, the Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission and/or the Department. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Commission, the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Commission through this Agreement is subject to the following requirements: i. In the event the Grantee meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit C to this Agreement indicates state financial assistance awarded through the Commission by this Agreement needed by the Grantee to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee is exempt for such Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 6 of 23 160 9 fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Grantee must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Grantee's audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(adot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovtPaud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi.The Grantee, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Grantee's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Commission by this Agreement. If the Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 7 of 23 160 9 corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, DFS or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Commission, the Department, or its designee, DFS or the Auditor General access to such records upon request. The Grantee shall ensure that the audit working papers are made available to the Commission, the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Commission and/or the Department. 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 $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 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 "B" hereof) as the Commission may require, to justify and support the payment as specified in the Commission's Grant Agreement and Invoicing Procedures. Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 8 of 23 1 6 0 9 8.12 Grantee certifies, under penalty of perjury, that the Grantee 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 invoices 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 arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "B." 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 9 of 23 1609 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 and 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, 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 10 of 23 160 9 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, upon request, 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 contracts 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 provide, upon request, documentation of 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 11 of 23 1609 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 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 12 of 23 significant time or cost savings for the Grantee and the project. 160 9 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. 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: Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 13 of 23 1609 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. 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. Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 14 of 23 1609 1,1 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. The Grantee shall notify the Commission in writing of any lease or assignment of operational responsibility of project vehicles and equipment to third-persons. 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 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. Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 15 of 23 16 09 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. 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. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2016. 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 16 of 23 1609 , 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, 2016. 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. 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: Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 17 of 23 ,, , t 9 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 2015/2016 Form Rev. 05/10/2015 Page 18 of 23 160 9 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: BY: TITLE: TITLE: Executive Director(Commission Designee) Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 19 of 23 16LJ9 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, Florida 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 20 of 23 1609 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, Florida 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. 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 $868,559.00 FM# 43202718401 Voluntary Dollar $60.00 FM# 43202818401 TOTAL $868,619.00 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 $53 Monetary Value of In-Kind Match ? Total Project Cost $868,619 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 15/16 65,205 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 2015/2016 Form Rev. 05/10/2015 Page 21 of 23 16Q9 TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES EXHIBIT B PAGE 2 OF 2 COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners EFFECTIVE DATE: 7/1/2015 TYPE OF SERVICE TO BE UNIT COST PER UNIT PROVIDED (Passenger Mile or Trip) $ Ambulatory Passenger Trip $30.65 Wheelchair Passenger Trip $52.53 Stretcher Passenger Trip $0.00 Group Passenger Trip (Per Group) $31.66 Group Passenger Trip (Per Individual) $21.21 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 Per pass $35.00 fare) Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 22 of 23 160 9 FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT"C" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department of Transportation State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) TRIP AND EQUIPMENT GRANT PROGRAM CSFA Number: 55.001 *Award Amount: $ "The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.001 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.001 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 23 of 23 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIt n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT,TO 416 u THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SRT 6> 612G 5 ��kk`kc 4. BCC Office Board of County Commissioners \rNS 5. Minutes and Records Clerk of Court's Office PiOIf( is PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Yousi Cardeso,PTNE Phone Number 252-5886 Contact/ Department Agenda Date Item was 6/9/15 V Agenda Item Number 16-D-9 J Approved by the BCC Type of Document Transportation Disadvantaged Agreement Number of Original Two Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS& CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT See note provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/9/15 and all changes made during the SRT N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the �.. N A is not BCC,all changes directed by the BCC have been made,and the document is ready forth ` opticl Chairman's signature. this ling PLEASE CONTACT YOUSI FOR COMMISSION CONTACT INFORMATION 1:Forms!County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 9 rIj- I '1a o 3` m 4.�. 1 to 1 V e 11 le m Y2"1moasf a E (A U 4.z h z 3❑ O �gg 4 >4 F >Ag, Eiot c�.A� U 61 o.E_g a s 1 , 0 LnI al I ❑ I Ngo N�' 1.0 o 0 a. C ❑ ❑ s P - Ia a C! d y=Q " f v i vZ, Is LL fn > Vit chi 1 ❑ I H :p T g d r a OJSE �g '?{ 5 � ';I gg _ dSE Chi E . ;1 [jd IG I I C Zm eix Q 1 € � � m O -"litaE m a d gs r = Elo E�l• = > 1 E. e 5.g" € to m la . _ ,,- ii. i Q zi ko c i T. Q Sa t ❑ t I g8 €€z' b `iir' 1011 c S,.Y " g Pi yep 4 l Iz lg _g 0, , 3e X'2 S $l AI: S' a d 'i y A zdi I z 8d If!Is ' e ' a II ❑ to ❑ m ❑ ❑ ❑ a r� El 1M i P t ct� a a g— C I'Zi, Ep I --5 lig y E. i go cCV 44) c.• Nj s�$ ' VI M 0m 4--! o V...4 Ct 0.2 ..D V V R N 0 c Crt ' I= ga 43 IP )...?, M }_szl as w tO A i je o) BF= g CI) ;� u- 1Y aI y 7I E d LI ���i 9 ii i I- .fie s I". s t a 1_,,d 43g m � r . * Q G70 —i .nom 12 £ 1L OI NZ V U ON 012I .SQ3 3IA U .. N en 6EEE ssti 008 L X3POdOa ooa 1 wo3lxapal _ 1 6 9 County of Collier CLERK OF THE CIRC IT COURT COLLIER COUNTY(cOUR IOUSE 3315 TAMAM1 TRL E STE 102 Dwight E. Brock-dkerk of Qircuit Court P.O. BOX 413044 NAPLES,FL 34112-5324NAPLES, FL 34101-3044 Clerk of Courts • Comptroller • Audito -! Cistodian of County Funds July 1, 2015 Florida Commission for the Transportation Disadvantaged Attn: John Irvine 605 Suwannee Street, Mail Station 49 Tallahassee, FL 32399-0450 Re: Florida Commission for the Transportation Disadvantaged Trip & Equipment Grant Agreement Transmitted herewith are two (2) originals of the grant application referenced above for final signatures, as approved by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, June 9, 2015, during Regular Session. Please forward a fully executed original, an envelope has been provided for your convienance. If you have any questions feel free to call our office any time (239) 252-7240. Very truly yours, DWIGHT E. BROCK, CLERK 7Thricatitqii, Martha Vergara, Pep ty lerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk(&collierclerk.com 1 6 0 9 Flo Commission for toe Cr, Transportation Jul 23, 2015 Disadvantaged y Rick Scott Ms. Michelle Arnold Governor Collier Area Transit David Darm 2885 Horseshoe Drive South Chairperson Naples, Florida 34104 Mike Willingham Re: 2015-16 Trip/Equipment Grant Agreement #G0135 (Collier County) Vice Chairman Steven Holmes Dear Ms. Arnold: Executive Director Enclosed is your copy of the fully executed grant agreement for the above referenced project. Consider this letter to be your authorization to proceed and begin incurring project costs, effective the execution date of this agreement. Please also find attached a form letter that is to be completed as appropriate and forwarded to all subcontractors providing service funded by Transportation Disadvantaged Trust Fund moneys. Distribution of the letters to subcontractors should coincide with the execution date of the grant. Thank you for your continued support of the Transportation Disadvantaged Coordinated System. Please contact me at (850) 410-5712 if you have any questions concerning this project. Sincerely, John Irvine Area 6 Project Manager Enclosure: Executed Agreement Sample Subcontractor Letter cc: DOT Comptroller Elmer Melendez, Financial Services Manager 605 Suwannee Street,MS-49 Tallahassee,FL 32399-0450 Phone:(850)410-5700 Et)Toll Free:(800)983-2435 FrJ Fax:(850)410-5752 www.dot.state.fl.us/ctd 1609 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.: G( a 3S Vendor No.: 59-6000558-004 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this 1 day of July , 2015 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, Florida 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment, and as further described in this Agreement and in Exhibit(s) A, B, and C, 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 2015/2016 Form Rev. 05/10/2015 Page 1 of 23 1609 . 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. 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant. 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 $868,619. 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 $781,756 as detailed in Exhibit "B," or in an amount Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 2 of 23 Odd, 160 9 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 have from the Commission an executed grant amendment prior to the purchase. 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 3 of 23 1 6 0 9 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 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 4 of 23 1 6 0 9 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 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, invoices, vehicle titles, and other detailed supporting documentation evidencing in proper detail of the charges The Grantee shall provide upon request, 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: 1. The administration of resources awarded through the Commission to the Grantee by this Agreement may be subject to audits and/or monitoring by the Commission and the Department of Transportation (Department). The following requirements do not limit the Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 5 of 23 (Di) 1609 authority of the Commission or the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Grantee shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Grantee's use of state financial assistance may include but not be limited to on-site visits by Commission and/or Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Commission by this Agreement. By entering into this Agreement, the Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission and/or the Department. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Commission, the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Grantee a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Commission through this Agreement is subject to the following requirements: i. In the event the Grantee meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee must have a State single or project-specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit C to this Agreement indicates state financial assistance awarded through the Commission by this Agreement needed by the Grantee to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Grantee is exempt for such Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 6 of 23 J -% 1 6 0 9 fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Grantee must provide a single audit exemption statement to the Department at FDOTSingleAudit(adot.state.fl.us no later than nine months after the end of the Grantee's audit period for each applicable audit year. In the event the Grantee does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Grantee's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAuditCadot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(a>aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi.The Grantee, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Grantee in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Grantee's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Commission by this Agreement. If the Grantee fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Commission and/or the Department may take appropriate Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 7 of 23 16fl 9 corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Grantee shall permit the Commission, the Department, or its designee, DFS or the Auditor General access to the Grantee's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Grantee shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Commission, the Department, or its designee, DFS or the Auditor General access to such records upon request. The Grantee shall ensure that the audit working papers are made available to the Commission, the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Commission and/or the Department. 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 $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 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 "B" hereof) as the Commission may require, to justify and support the payment as specified in the Commission's Grant Agreement and Invoicing Procedures. Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 8 of 23 rOb'J 1 6 0 9 8.12 Grantee certifies, under penalty of perjury, that the Grantee 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 invoices 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 arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "B." 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 9 of 23 �b'j 1 6 0 9 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 and 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, 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 10 of 23 1 6 0 9 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, upon request, 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 contracts 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 provide, upon request, documentation of 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 11 of 23 160 9 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 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 12 of 23 �V,J 1 60 9 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. 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: Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 13 of 23 1609 . 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. 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. Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 14 of 23 O`d0 16B9 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. The Grantee shall notify the Commission in writing of any lease or assignment of operational responsibility of project vehicles and equipment to third-persons. 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 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. Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 15 of 23 1609 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. 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. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2016. 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 16 of 23 161J 9 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, 2016. 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. 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: Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 17 of 23 160 9 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 2015/2016 Form Rev. 05/10/2015 Page 18 of 23 1 6 0 9 FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. GD 13S AGREEMENT DATE 1/1 { t s 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: BY: TIM NANCE 4,V\ \• 'j TITLE: CHAIRMAN TITLE: Executive Director(Commission Designee) I `i Attest as to Chairman's signature only. pproved a t fo a d legality Scott R.Teach,Deputy County Attorney Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 19 of 23 1 60 9 FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. [;% 35 AGREEMENT DATE 7 / 1 / IT 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, Florida 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. 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 Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 20 of 23 0 1 6 0 9 - FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. Gc i r, AGREEMENT DATE I / 1 S� 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, Florida 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 Fiscal Year 2015-16 Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment. 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 $868,559.00 FM# 43202718401 Voluntary Dollar $60.00 FM# 43202818401 TOTAL $868,619.00 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 $53 Monetary Value of In-Kind Match Total Project Cost $868,619 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 15/16 65,205 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 2015/2016 Form Rev. 05/10/2015 Page 21 of 23 160 9 TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES EXHIBIT B PAGE 2 OF 2 COMMUNITY TRANSPORTATION COORDINATOR: Collier County Board of County Commissioners EFFECTIVE DATE: 7/1/2015 TYPE OF SERVICE TO BE UNIT COST PER UNIT PROVIDED (Passenger Mile or Trip) $ Ambulatory Passenger Trip $30.65 Wheelchair Passenger Trip $52.53 Stretcher Passenger Trip $0.00 Group Passenger Trip (Per Group) $31.66 Group Passenger Trip (Per Individual) $21.21 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 Per pass $35.00 fare) Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 22 of 23 160 9 FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. e(), c� AGREEMENT DATE 7 1 j 1 /S EXHIBIT"C" STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency: Commission for the Transportation Disadvantaged/Florida Department of Transportation State Project Title: COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) TRIP AND EQUIPMENT GRANT PROGRAM CSFA Number: 55.001 *Award Amount: $ *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.001 is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.001 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Trip&Equipment Grant Agreement 2015/2016 Form Rev. 05/10/2015 Page 23 of 23 DRAFT Commission for the Transportation Disadvantaged Trip&Equipment Grant Allocations FY 2015-2016 COUNTY TRIP/EQUIP LOCAL TOTAL VOLUNTARY VOLUNTARY TOTAL TOTAL ESTIMATED FUNDS FM/Job# TRIP/EQUIP TRIP/EQUIP DOLLARS FM/Job DOLLARS LOCAL VOLUNTARY PROJECT FUNDING 1 6 mh., 9 43202718401 MATCH FUNDS #43202818401 MATCH DOLLARS Alachua $602,225 $66,914 $669,138 $265 $30 $295 $669,433 Baker $187,668 $20,852 $208,520 $2 $0 $2 $208,523 Bay $444,181 $49,353 $493,534 $43 $5 $48 $493,582 Bradford $119,844 $13,316 $133,160 $4 $1 $5 $133,165 Brevard $1,458,517 $162,057 $1,620,574 $485 $54 $539 $1,621,113 Broward $3,745,913 $416,213 $4,162,126 $1,541 $171 $1,712 $4,163,838 Calhoun $177,511 $19,723 $197,234 $1 $0 $1 $197,235 Charlotte $358,499 $39,833 $398,333 $76 $8 $84 $398,417 Citrus $397,601 $44,178 $441,778 $96 $11 $107 $441,886 Clay $374,897 $41,655 $416,552 $72 $8 $80 $416,633 Collier $781,703 $86,856 $868,559 $90 $10 $100 $868,659 Columbia $327,536 $36,393 $363,929 $8 $1 $9 $363,938 Desoto $231,519 $25,724 $257,244 $2 $0 $2 $257,246 Dixie $189,434 $21,048 $210,482 $1 $0 $2 $210,484 Duval $1,494,216 $166,024 $1,660,240 $551 $61 $612 $1,660,852 Escambia $657,565 $73,063 $730,628 $156 $17 $173 $730,801 Flagler $277,701 $30,856 $308,557 $68 $8 $75 $308,632 Franklin $171,761 $19,085 $190,845 $4 $0 $4 $190,849 Gadsden $326,798 $36,311 $363,109 $18 $2 $20 $363,129 Gilchrist $108,423 $12,047 $120,470 $1 $0 $1 $120,471 Glades $192,622 $21,402 $214,024 $1 $0 $1 $214,025 Gulf $173,127 $19,236 $192,364 $0 $0 $0 $192,364 Hamilton $154,208 $17,134 $171,343 $0 $0 $0 $171,343 Hardee $241,078 $26,786 $267,864 $4 $1 $5 $267,869 Hendry $343,693 $38,188 $381,881 $4 $0 $4 $381,885 Hernando $398,198 $44,244 $442,442 $19 $2 $21 $442,463 Highlands $445,781 $49,531 $495,313 $4 $1 $5 $495,318 Hillsborough $1,924,352 $213,817 $2,138,169 $771 $86 $856 $2,139,025 Holmes $187,218 $20,802 $208,020 $50 $6 $56 $208,076 Indian River $306,500 $34,056 $340,555 $48 $5 $53 $340,608 Jackson $398,441 $44,271 $442,712 $37 $4 $41 $442,753 Jefferson $172,491 $19,166 $191,657 $0 $0 $0 $191,657 Lafayette $142,044 $15,783 $157,827 $0 $0 $0 $157,827 Lake $671,585 $74,621 $746,206 $187 $21 $207 $746,413 Lee $746,770 $82,974 $829,744 $771 $86 $856 $830,601 Leon $513,353 $57,039 $570,392 $257 $29 $285 $570,677 Levy $364,754 $40,528 $405,282 $8 $1 $8 $405,290 Liberty $243,425 $27,047 $270,472 $0 $0 $0 $270,472 Madison $208,432 $23,159 $231,591 $0 $0 $0 $231,591 Manatee $587,445 $65,272 $652,717 $183 $20 $203 $652,920 Marion $822,167 $91,352 $913,518 $49 $5 $54 $913,572 Martin $283,678 $31,520 $315,198 $41 $5 $45 $315,243 Miami-Dade $8,763,921 $973,769 $9,737,690 $2,335 $259 $2,594 $9,740,284 Monroe $372,786 $41,421 $414,207 $112 $13 $125 $414,332 Nassau $288,182 $32,020 $320,202 $29 $3 $32 $320,234 Okaloosa $464,919 $51,658 $516,577 $50 $6 $55 $516,632 Okeechobee $251,658 $27,962 $279,620 $2 $0 $2 $279,623 Orange $2,059,361 $228,818 $2,288,179 $863 $96 $958 $2,289,137 Osceola $986,920 $109,658 $1,096,577 $66 $7 $74 $1,096,651 Palm Beach $2,732,255 $303,584 $3,035,839 $1,266 $141 $1,406 $3,037,245 Pasco $650,091 $72,232 $722,323 $232 $26 $257 $722,580 Pinellas $2,309,676 $256,631 $2,566,307 $561 $62 $623 $2,566,930 Polk $1,189,086 $132,121 $1,321,207 $191 $21 $212 $1,321,418 Putnam $370,687 $41,187 $411,874 $9 $1 $11 $411,884 Saint Johns $437,406 $48,601 $486,007 $112 $13 $125 $486,132 Saint Lucie $496,338 $55,149 $551,487 $99 $11 $110 $551,597 Santa Rosa $396,395 $44,044 $440,438 $82 $9 $91 $440,529 Sarasota $692,304 $76,923 $769,227 $690 $77 $766 $769,993 Seminole $680,897 $75,655 $756,552 $300 $33 $334 $756,885 Sumter $281,218 $31,246 $312,464 $40 $5 $45 $312,509 Suwannee $237,221 $26,358 $263,579 $26 $3 $29 $263,607 Taylor $280,984 $31,220 $312,204 $1 $0 $2 $312,206 Union $94,303 $10,478 $104,781 $6 $1 $6 $104,788 Volusia $1,046,410 $116,268 $1,162,678 $314 $35 $349 $1,163,027 Wakulla $186,512 $20,724 $207,235 $3 $0 $3 $207,238 Walton $372,229 $41,359 $413,588 $12 $1 $13 $413,601 Washington $214,526 $23,836 $238,362 $1 $0 $1 $238,363 TOTALS $47,811,160 $5,312,351 $53,123,511 $13,317 $1,479 $14,797 $53,138,307 cr.,-. March 4,2015 1 6 0 9 SAMPLE LETTER TO SEND TO CONTRACTED OPERATORS July 1, 2015 Transportation Operator 2000 W. Wheels Avenue, Suite 800 Yourtown, Florida 39999 Dear Operator: As a contracted operator in the Your CountyCommunity Transportation System, you are entitled to prompt payment for services funded by the Commission for the Transportation Disadvantaged Trust Fund as outlined in the Trip/Equipment Grant executed between the Commission and the Community Transportation Coordinator as follows: 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 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 1 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. If you feel that the Community Transportation Coordinator is not fulfilling the obligations as outlined in the above paragraph, you can seek assistance through the Commission for the Transportation Disadvantaged Ombudsman Program Helpline at 1-800-983-2435 (TTY 1-800-648-6084). In addition, a Vendor Ombudsman at the Department of Financial Services may be contacted at (850) 413-5516 or toll free (800) 342-2762 for assistance. Sincerely, John Jones Super Florida Transportation, Inc. Your County Community Transportation Coordinator cc: Steven Holmes, Executive Director Commission for the Transportation Disadvantaged