Agenda 06/14/2016 Item #16D17 6/14/2016 16.D.17.
EXECUTIVE SUMMARY
Recommendation to execute a Joint Participation Agreement between Collier County and the
Florida Department of Transportation to accept Federal Transit Administration Section 5339 Bus
and Bus Facilities funds in the amount of$263,000 for the necessary improvements to bus stops in
the rural area in accordance with the Americans with Disabilities Act; approve a resolution
authorizing the Chairperson to sign the agreement; and authorize the necessary budget
amendments.
OBJECTIVE: To improve accessibility to bus stops within the rural area as it relates to the
Americans with Disabilities Act(ADA).
CONSIDERATIONS: Section 5339 is a grant program administered by the Florida Department
of Transportation authorized by 49 U.S.C. § Section 5339 Bus and Bus Facilities Program. It
provides capital funding to replace, rehabilitate and purchase buses, vans, and related equipment,
and to construct bus-related facilities in the non-urbanized areas.
On January 12, 2016, agenda 16D3, the Board authorized staff to submit an application for
improvements to bus stops in the rural area. The Florida Department of Transportation has
notified county staff of its intention to award funds on the application.
The Joint Participation Agreement (JPA) for this project is attached, which includes the grant
award of$263,000, 80% of which are federal funds ($210,400) and the remaining 20%which are
state funds ($52,600). No local match is required for this grant.
Each location will be evaluated and potential improvements will be designed by a professional
engineer. The grant funding will be used for design and construction of improvements to
improve ADA accessibility to bus stops in the rural area. To the extent that grant funding is
available, shelters and amenities may be included in order to fully expend all grant dollars.
FISCAL IMPACT: This JPA provides for total funding in the amount of$263,000. The total
funding is made up of federal funds in the amount of$210,400 and 20% state funds $52,600. A
budget amendment will be required to recognize grant revenue to CAT Grant Funds (424),
Project 33474.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION: That the Board approves a Joint Participation Agreement between
Collier County and the Florida Department of Transportation to accept Federal Transit
Administration Section 5339 Bus and Bus Facilities funds in the amount of $263,000 for the
necessary improvements to bus stops in the rural area in accordance with the Americans with
Disabilities Act; approve a resolution authorizing the Chairperson to sign the agreement; and
authorize the necessary budget amendments.
Prepared by: Michelle Arnold, Director, Public Transit&Neighborhood Enhancement
Attachments: 1)Joint Participation Agreement
2) Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.17.
Item Summary: Recommendation to execute a Joint Participation Agreement between
Collier County and the Florida Department of Transportation to accept Federal Transit
Administration Section 5339 Bus and Bus Facilities funds in the amount of$263,000 for the
necessary improvements to bus stops in the rural area in accordance with the Americans with
Disabilities Act; approve a resolution authorizing the Chairperson to sign the agreement; and
authorize the necessary budget amendments.
Meeting Date: 6/14/2016
Prepared By
Name: ScottTrinity
Title:Manager-Planning,Transportation Planning
5/16/2016 3:30:16 PM
Submitted by
Title:Manager-Planning,Transportation Planning
Name: ScottTrinity
5/16/2016 3:30:17 PM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst,Public Transit&Neighborhood Enhancemt
Date: 5/19/2016 12:40:29 PM
Name:ArnoldMichelle
Title:Division Director-Pub Tran&Nbrhd Enh,Public Transit&Neighborhood Enhancemt
Date: 5/19/2016 1:19:14 PM
Name: OberrathKaren
Title:Accountant, Senior,Grants Management Office
Date: 5/24/2016 7:16:02 AM
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Name: CarneliSteve
Title:Department Head-Public Services,Public Services Department
Date: 5/24/2016 9:15:31 AM
Name: TeachScott
Title:Deputy County Attorney, County Attorney
Date: 5/24/2016 11:20:42 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/25/2016 12:59:49 PM
Name: StanleyTherese
Title:Manager-Grants Compliance,Grants Management Office
Date: 5/27/2016 12:47:14 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/5/2016 9:50:34 AM
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06
PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION
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JOINT PARTICIPATION AGREEMENT Page 1 of 13
Financial Project Number(s): Fund: 010 FLAIR Category.: 088774
(item-segment-phase-sequence) Function: 215
439422-1-94-01 Object Code: 780000
Federal Number: 49 U.S.C.5339 Org. Code: 55012020129
Contract Number.GOA60 DUNS Number: 80-939-7102 Vendor No.: F596000558030
CFDA Number: 20.526 Agency DUNS Number: 076997790 CSFA Number: N/A
CFDA Title:Bus and Bus Facilities Formula Program CSFA Title: N/A
THIS AGREEMENT, made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Collier County Board of County Commissioners
3299 East Tamiami Trail,STE#700, Naples, Florida 34112
hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed
on or before December 31, 2018 and this Agreement will expire unless a time extension is provided
in accordance with Section 16.00.
WITNESSETH :
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under
341.051
Florida Statutes,to enter into this Agreement.
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 for the Department's participation, using Federal Transit Administration (FTA)Section 5339, "Bus and Bus
Facilities Program"to assist eligible recipients in the construction of bus-related facilities,thus allowing grantees to
address replacement and capital expansion needs. Capital expansion needs may include passenger shelters and bus
boarding an alighting areas. Bus shelters and bus boarding and alighting areas must comply with standards for
accessibility established by the USDOT regulations implementing the transportation provisions of the Americans with
Disabilities Act(ADA). Specifically,this Agreement provides financial assistance for the construction of an Americans
Disabilities Act(ADA)related accessibility and compliance improvements at bus stops in the rural area(s)of Collier
County as described in the grant application on file with the Department
and as further described in Exhibit(s) A,B,C,and D attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed.
CAO
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2.00 Accomplishment of the Project:
2.10 General Requirements:The Agency shall commence,and complete the project as described in Exhibit
"A"attached hereto and by this reference made a part hereof this Agreement,with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions herein,and all applicable laws.
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 Agency 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 Agency will initiate and consummate,as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings,Contracts and Other Documents: The Agency shall submit to the
Department such data,reports, records,contracts and other documents relating to the project as the Department may
require as listed in Exhibit"C"attached hereto and by this reference made a part hereof. The Department has the option to
require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards
completion.
3.00 Project Cost: The total estimated cost of the project is$ 263,000 . This amount
is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this
Agreement.The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits
involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of$ 263,000 as detailed in Exhibit"B",or in an amount equal to the
percentage(s)of total cost shown in Exhibit"B",whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the adopted work program year that the
project is scheduled to be committed;
(b) Availability of funds as stated in Section 15.00 of this Agreement;Approval of all plans, specifications,
contracts or other obligating documents as required by the Department, and all other terms of this
Agreement;
(c) Department approval of costs in excess of the approved funding or attributable to actions which have not
received the required approval of the Department and all other terms of this Agreement;
(d) Department approval of the project scope and budget(Exhibits A& B)at the time appropriation authority
becomes available.
4.20 Front End Funding : Front end funding 0 is j is not applicable. If applicable,the Department
may initially pay 100%of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Project Budget and Payment Provisions:
5.10 The Project Budget:A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in
conformity with the latest approved budget for the project.No budget increase or decrease shall be effective unless it
complies with fund participation requirements established in Section 4.00 of this Agreement,or Amendment thereto,and
is approved by the Department Comptroller.
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5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase
is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of
the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only
after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer
of the State of Florida under Chapters 215 and 216,Florida Statutes. If the Department determines that the performance
of the Participant is unsatisfactory,the Department shall notify the Participant of the deficiency to be corrected,which
correction shall be made within a time-frame to be specified by the Department.The Participant shall,within five days
after notice from the Department, provide the Department with a corrective action plan describing how the Participant will
address all issues of contract non-performance,unacceptable performance,failure to meet the minimum performance
levels,deliverable deficiencies,or contract non-compliance. If the corrective action plan is unacceptable to the
Department,the Participant shall be assessed a non-performance retainage equivalent to 10%of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld
until the Participant resolves the deficiency. If the deficiency is subsequently resolved,the Participant may bill the
Department for the retained amount during the next billing period. If the Participant is unable to resolve the deficiency,the
funds retained may be forfeited at the end of the Agreement's term.
6.00 Accounting Records:
6.10 Establishment and Maintenance of Accounting Records:The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under
terms of this Agreement shall be maintained in the project account and made available upon request to the Department
at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records of costs incurred include the
Agency's general accounting records and the Project records, together with supporting documents and records, of the
Agency and all sub-consultants performing work on the Project and all other records of the Agency and sub-consultants
considered necessary by the Department for a proper audit of costs. If any litigation,claim, or audit is started before the
expiration of the five(5)year period,the records shall be retained until all litigation, claims, or audit findings involving the
records have been resolved.
6.20 Costs Incurred for the Project:The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
6.30 Documentation of Project Costs:All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls,time records, invoices, contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
6.40 Checks,Orders,and Vouchers:Any check or order drawn by the Agency 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 Agency 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,and,to the extent feasible,kept separate and apart from all other such
documents.
6.50 Audits:The administration of Federal or State resources awarded through the Department to the Agency by
this Agreement may be subject to audits and/or monitoring by the Department.The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or
State financial assistance or limit the authority of any state agency inspector general,the State of Florida Auditor General,
or any other state official.The Agency shall comply with all audit and audit reporting requirements as specified below.
411.)
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Part I Federally Funded:
1. In addition to reviews of audits conducted in accordance with OMB Circular A-133,for fiscal years
beginning before December 26,2014,and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal
years beginning on or after December 26,2014, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports,following
up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those
findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement,
the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the
Department.The Agency further agrees to comply and cooperate with any inspections,reviews, investigations, or audits
deemed necessary by the Department, State of Florida Chief Financial Officer(CFO)or State of Florida Auditor General.
2. The Agency, a non-Federal entity as defined by OMB Circular A-133,for fiscal years beginning before
December 26,2014,and as defined by 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26,2014,as a subrecipient of a Federal award awarded by the Department through this Agreement is
subject to the following requirements:
a. In the event the Agency expends a total amount of Federal awards equal to or in excess of
the threshold established by OMB Circular A-133,for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years
beginning on or after December 26,2014,the Agency must have a Federal single or program-
specific audit conducted for such fiscal year in accordance with the provisions of OMB Circular
A-133,for fiscal years beginning before December 26, 2014,and in accordance with the
provisions of 2 CFR Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26,2014. ExhibitA,B,C,and D to this Agreement provides the
required Federal award identification information needed by the Agency to further comply with the
requirements of OMB Circular A-133,for fiscal years beginning before December 26, 2014, and
the requirements of 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years beginning
on or after December 26,2014. In determining Federal awards expended in a fiscal year,the
Agency must consider all sources of Federal awards based on when the activity related to the
Federal award occurs, including the Federal award provided through the Department by this
Agreement.The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133,for fiscal years beginning before
December 26, 2014,and established by 2 CFR Part 200, Subpart F -Audit Requirements, for
fiscal years beginning on or after December 26,2014.An audit conducted by the State of Florida
Auditor General in accordance with the provisions of OMB CircularA-133,for fiscal years
beginning before December 26,2014,and in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26, 2014,will meet the
requirements of this part.
b. In connection with the audit requirements,the Agency shall fulfill the requirements relative to
the auditee responsibilities as provided in OMB Circular A-133,for fiscal years beginning before
December 26,2014,and as provided in 2 CFR Part 200, Subpart F -Audit Requirements, for
fiscal years beginning on or after December 26,2014.
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c. In the event the Agency expends less than the threshold established by OMB Circular
A-133, for fiscal years beginning before December 26,2014, and established by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, in
Federal awards,the Agency is exempt from Federal audit requirements for that fiscal year.
However,the Agency must provide a single audit exemption statement to the Department at
FDOTSingleAudit ..dot.state.fl.us no later than nine months after the end of the Agency's audit
period for each applicable audit year.In the event the Agency expends less than the threshold
established by OMB Circular A-133,for fiscal years beginning before December 26, 2014,and
established by 2 CFR Part 200,Subpart F -Audit Requirements,for fiscal years beginning on or
after December 26,2014, in Federal awards in a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133,for fiscal years beginning before
December 26,2014,and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,for
fiscal years beginning on or after December 26,2014,the cost of the audit must be paid from non-
Federal resources(i.e.,the cost of such an audit must be paid from the Agency's resources
obtained from other than Federal entities).
d. The Agency must electronically submit to the Federal Audit Clearinghouse(FAC)at
https://harvester.census.gov/facweb/the audit reporting package as required by OMB Circular
A-133,for fiscal years beginning before December 26,2014,and as required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014,within
the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end
of the audit period.The FAC is the repository of record for audits required by OMB Circular A-133,
for fiscal years beginning before December 26,2014, and for audits required by 2 CFR Part 200,
Subpart F -Audit Requirements,for fiscal years beginning on or after December 26, 2014, and
this Agreement. However,the Department requires a copy of the audit reporting package also be
submitted to FDOTSingleAuditedot.state.fl.us within the earlier of 30 calendar days after receipt
of the auditor's report(s)or nine months after the end of the audit period as required by OMB
Circular A-133,for fiscal years beginning before December 26, 2014, and as required by 2 CFR
Part 200, Subpart F -Audit Requirements,for fiscal years beginning on or after December 26,
2014.
e. Upon receipt,and within six months,the Department will review the Agency's audit
reporting package,including corrective action plans and management letters,to the extent
necessary to determine whether timely and appropriate action on all deficiencies has been taken
pertaining to the Federal award provided through the Department by this Agreement. If the Agency
fails to have an audit conducted in accordance with OMB Circular A-133,for fiscal years beginning
before December 26,2014,and in accordance with 2 CFR Part 200,Subpart F -Audit
Requirements,for fiscal years beginning on or after December 26,2014,the Department may
impose additional conditions to remedy noncompliance. If the Department determines that
noncompliance cannot be remedied by imposing additional conditions,the Department may take
appropriate actions to enforce compliance.
f. As a condition of receiving this Federal award,the Agency shall permit the Department,
or its designee,the CFO or State of Florida Auditor General access to the Agency's records
including financial statements,the independent auditor's working papers and project records as
necessary. Records related to unresolved audit findings,appeals or litigation shall be retained until
the action is complete or the dispute is resolved.
g. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
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Part II State Funded:
1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring
procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by
Department staff and/or other procedures including, reviewing any required performance and financial reports,following
up, ensuring corrective action,and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this
Agreement,the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department.The Agency further agrees to comply and cooperate with any inspections, reviews,
investigations,or audits deemed necessary by the Department,the Department of Financial Services(DFS)or State of
Florida Auditor General.
2. The Agency,a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes,as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following requirements:
a. In the event the Agency meets the audit threshold requirements established by Section
215.97, Florida Statutes,the Agency must have a State single or project-specific audit
conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable
rules of the Department of Financial Services;and Chapters 10.550(local governmental
entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
ExhibitA,B,C,and D to this Agreement indicates state financial assistance awarded
through the Department by this Agreement needed by the Agency to further comply with the
requirements of Section 215.97,Florida Statutes. In determining the state financial assistance
expended in a fiscal year,the Agency shall consider all sources of state financial assistance,
including state financial assistance received from the Department by this Agreement, other
state agencies and other nonstate entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
b. In connection with the audit requirements,the Agency shall ensure that the audit complies
with the requirements of Section 215.97(8), Florida Statutes.This includes submission of a
financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of
the Auditor General.
c. In the event the Agency does not meet the audit threshold requirements established by
Section 215.97, Florida Statutes,the Agency is exempt for such fiscal year from the state
single audit requirements of Section 215.97, Florida Statutes. However,the Agency must
provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.
fl.us no later than nine months after the end of the Agency's audit period for each applicable
audit year. In the event the Agency does not meet the audit threshold requirements
established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of
the audit must be paid from the Agency's resources(i.e., the cost of such an audit must be
paid from the Agency's resources obtained from other than State entities).
d. 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, Florida 32399-0405
FDOTSi ng leAudit@dot.state.fl.us
And
State of Florida Auditor General
Local Government Audits/342
111W Madison Street, Room 401
Tallahassee, FL 32399-1450
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e. 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.
f. The Agency,when submitting financial reporting packages to the Department for audits
done in accordance with Chapters 10.550(local governmental entities)or 10.650(nonprofit
and for-profit organizations),Rules of the Auditor General, should indicate the date the
reporting package was delivered to the Agency in correspondence accompanying the
reporting package.
g. Upon receipt, and within six months,the Department will review the Agency's financial
reporting package, including corrective action plans and management letters,to the extent
necessary to determine whether timely and appropriate corrective action on all deficiencies
has been taken pertaining to the state financial assistance provided through the Department
by this Agreement. If the Agency fails to have an audit conducted consistent with Section
215.97, Florida Statutes,the Department may take appropriate corrective action to enforce
compliance.
h. As a condition of receiving state financial assistance,the Agency shall permit the
Department,or its designee,DFS or the Auditor General access to the Agency's records
including financial statements,the independent auditor's working papers and project records
as necessary. Records related to unresolved audit findings,appeals or litigation shall be
retained until the action is complete or the dispute is resolved.
The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of
five years from the date the audit report is issued and shall allow the Department,or its designee, DFS or State of Florida
Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made
available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five
years from the date the audit report is issued unless extended in writing by the Department.
6.60 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities,the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment or facility. The Department may waive or modify this section as appropriate.
7.00 Requisitions and Payments:
7.10 Action by the Agency: In order to obtain any Department funds,the Agency shall file with the Department
of Transportation,District One Public Transportation Office 801 North Broadway Avenue, Bartow, Florida , FL,
33830 its requisition on a form or forms prescribed by the Department,and any other data pertaining to
the project account(as defined in Paragraph 6.10 hereof)to justify and support the payment requisitions.
7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as
established in Exhibit"A". Each deliverable must specify the required minimum level of service to be performed and the
criteria for evaluating successful completion.
7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof,based on the quantifiable, measurable and verifiable units of
deliverables as established in Exhibit"A". Deliverables must be received and accepted in writing by the Department's
Project Manager prior to payments.
7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the
Department and that the required minimum level of service to be performed based on the criteria for evaluating successful
completion as specified in Section 2.00 and Exhibit"A" has been met.
7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061,
F.S.,and shall be submitted on the Department's Travel Form No.300-000-06. The Department may establish rates
lower than the maximum provided in Chapter 112.061, F.S.
7.15 For real property acquired,submit;
(a) the date the Agency acquired the real property,
(b) a statement by the Agency certifying that the Agency has acquired said real property,and
actual consideration paid for real property.
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(c) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
7.20 The Department's Obligations: Subject to other provisions hereof,the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department
may elect by notice in writing not to make a payment on the project if:
7.21 Misrepresentation:The Agency shall have made misrepresentation of a material nature in its application,
or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or
pursuant hereto;
7.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties
or obligations which may jeopardize or adversely affect the project,the Agreement,or payments to the project;
7.23 Approval by Department:The Agency shall have taken any action pertaining to the project which, under
this agreement, requires the approval of the Department or has made related expenditures or incurred related
obligations without having been advised by the Department that same are approved;
7.24 Conflict of Interests:There has been any violation of the conflict of interest provisions contained herein;
7.25 Default:The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement; or
7.26 Federal Participation(If Applicable):Any federal agency providing federal financial assistance to the
project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of
federal financial assistance,the Agency will reimburse the Department for all disallowed costs, including any and all
federal financial assistance as detailed in Exhibit"B."
7.30 Disallowed Costs: In determining the amount of the payment,the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement,after the expiration date of this Agreement,
costs which are not provided for in the latest approved scope and budget for the project,costs attributable to goods or
services received under a contract or other arrangements which have not been approved by the Department, and costs
invoiced prior to receipt of annual notification of fund availability.
7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement,the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department.
Offsetting amounts shall not be considered a breach of contract by the Department.
8.00 Termination or Suspension of Project:
8.10 Termination or Suspension Generally: If the Agency abandons or, before completion,finally discontinues
the project;or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other
reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, 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 Department may terminate any or all of its obligations under this Agreement.
8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or
suspension notice under this paragraph,the Agency 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 Department such portion of
the financing and any advance payment previously received as is determined by the Department 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 Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule,plan,and budget within a reasonable time.The approval of a
remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
any claim which the Department may otherwise have arising out of this Agreement.
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8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
119, F.S. and made or received in conjunction with this Agreement.
9.00 Audit and Inspection:The Agency shall permit,and shall require its contractors to permit,the
Department'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.
10.00 Contracts of the Agency:
10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and
all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring
the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto.
If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
approval,that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23.The Department
specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or
disapprove the employment of the same. If Federal Transit Administration(FTA)funds are used in the project, the
Department must exercise the right to third party contract review.
10.20 Procurement of Personal Property and Services:
10.21 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency,where said project involves a consultant contract
for engineering,architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287.055, F.S.,Consultants'Competitive Negotiation Act.At the discretion of the Department,the Agency will
involve the Department in the Consultant Selection Process for all contracts. In all cases,the Agency's Attorney shall
certify to the Department that selection has been accomplished in with Chapter 287.055, F.S.,the
Consultants'Competitive Negotiation Act.
10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency,where said project involves the purchase of
commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,
which includes engineering,design, and/or construction activities,where purchases or costs exceed the Threshold
Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions
of Chapter 287.057 F.S.The Agency's Attorney shall certify to the Department that the purchase of commodities or
contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of
the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits.
Contracts, purchase orders,task orders, construction change orders,or any other agreement that would result in
exceeding the current budget contained in Exhibit"B', or that is not consistent with the project description and scope of
services contained in Exhibit"A"must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for
nonpayment by the Department as provided in Section 7.23.
10.30 Disadvantaged Business Enterprise(DBE)Policy:
10.31 DBE Policy:The contractor,sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin,or sex in the performance of this contract.The contractor shall carry out applicable requirements of
49 CFR part 26 in the award and administration of DOT-assisted contracts.Failure by the contractor to carry out these
requirements is a material breach of this contract,which may result in the termination of this contract or such other
remedy as the recipient deems appropriate.
The recipient shall not discriminate on the basis of race,color, national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part
26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the
away and administration of DOT-assisted contracts. The recipient's DBE program,as required by 49 CFR part 26 and
as epproved by DOT, is incorporated by reference in this agreement. implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its
failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies
Act of 1986(31 U.S.C. 3801 et seq.)
10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed
under this section to the Department within 30 days of receipt by the Agency.
C40
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11.00 Restrictions, Prohibitions,Controls,and Labor Provisions: Page 10 of 13
11.10 Equal Employment Opportunity: In connection with the carrying out of any project,the Agency shall
not discriminate against any employee or applicant for employment because of race,age,creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment,without regard to their race,age, 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 Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project,except contracts for 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.When the project involves installation,construction,
demolition, removal, site improvement,or similar work,the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
11.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et.seq.),the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
11.30 Title VIII-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42
USC 3601,et seq.,which among other things, prohibits discrimination in employment on the basis of race,color, national
origin,creed, sex,and age.
11.40 Americans with Disabilities Act of 1990(ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U.S.C. 12102, et.
seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
11.50 Prohibited Interests:The Agency shall not enter into a contract or arrangement in connection with the
project or any property included or planned to be included in the project,with any officer, director or employee of the
Agency,or any business entity of which the officer,director or employee or the officer's,director's or employee's spouse
or child is an officer, partner,director,or proprietor or in which such officer,director or employee or the officer's, director's
or employee's spouse or child,or any combination of them, has a material interest.
"Material Interest"means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any
business entity.
The Agency shall not enter into any contract or arrangement in connection with the project or any property included or
planned to be included in the project,with any person or entity who was represented before the Agency by any person
who at any time during the immediately preceding two years was an officer,director or employee of the Agency.
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any
agreement between the Agency and an agency of state government.
11.60 Interest of Members of,or Delegates to,Congress: No member or delegate to the Congress of the
United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit
arising therefrom.
12.00 Miscellaneous Provisions:
12.10 Environmental Regulations:Execution of this Joint Participation Agreement constitutes a certification by
theAgency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits.The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
12.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder
to any party other than the Agency.
12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist,on the part of the Agency,and the making of such payment by the Department while any
such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid,the remainder of this Agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
Cdo
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12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided,that if any of the provisions of the Agreement violate any applicable State law,the Agency will at once notify
the Department in writing in order that appropriate changes and modifications may be made by the Department and the
Agency to the end that the Agency may proceed as soon as possible with the project.
12.70 Use and Maintenance of Project Facilities and Equipment:The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
12.71 Property Records:The Agency agrees to maintain property records, conduct physical inventories and
develop control systems as required by 49 CFR Part 18,when applicable.
12.80 Disposal of Project Facilities or Equipment:If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use,the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
12.90 Contractual Indemnity:To the extent provided by law,the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers,agents,and employees from any claim, loss,damage,cost, charge,or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents,or employees, during the
performance of the Agreement,except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act,error, omission, or negligent act
by the Department or any of its officers, agents,or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement,the Department will immediately forward the claim to the
Agency.The Agency and the Department will evaluate the claim and report their findings to each other within fourteen
(14)working days and will jointly discuss options in defending the claim.After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notify the
Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by
Agency.The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations,
and trial, if any.However, if only one party participates in the defense of the claim at trial,that party is responsible for all
expenses at trial.
13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities,where plans and specifications have been developed,the Agency shall
provide an Engineer's Certification that certifies project compliance as listed below,or in Exhibit"C"if applicable. For
the plans, specifications,construction contract documents,and any and all other engineering,construction, and
contractual documents produced by the Engineer, hereinafter collectively referred to as"plans",the Agency will certify
that:
a. All plans comply with federal, state,and professional standards as well as minimum standards established
by the Department as applicable;
b. The plans were developed in accordance with sound engineering and design principles,and with generally
accepted professional standards;
c. The plans are consistent with the intent of the project as defined in Exhibits"A"and"B"of this Agreement
as well as the Scope of Services;and
d. The plans comply with all applicable laws,ordinances,zoning and permitting requirements, public notice
requirements, and other similar regulations.
Notwithstanding the provisions of this paragraph,the Agency, upon request by the Department, shall provide plans
and specifications to the Department for review and approvals.
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14.00 Project Completion,Agency Certification: The Agency will certify in writing on or attached to the final
invoice,that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility,that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
15.00 Appropriation of Funds:
15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
15.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period
of more than one year,the provisions of Chapter 339.135(6)(a), F.S.,are hereby incorporated: "(a)The Department,
during any fiscal year, shall not expend money,incur any liability,or enter into any contract which, by its terms involves
the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any
contract,verbal or written, made in violation of this subsection is null and void,and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years;and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
16.00 Expiration of Agreement:The Agency agrees to complete the project on or before
December 31, 2018 . If the Agency does not complete the project within this time period,this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the
District Secretary or His/Her Designee . Expiration of this Agreement will be considered termination
of the project and the procedure established in Section 8.00 of this Agreement shall be initiated.
16.10 Final Invoice:The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement.
17.00 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.
18.00 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.
19.00 Restrictions on Lobbying:
19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency,to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal,amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement,the
undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all sub-awards at all
tiers(including subcontracts, sub-grants,and contracts under grants, loans and cooperative agreements)and that all
sub-recipients shall certify and disclose accordingly.
19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
20.00 Vendors Rights:Vendors(in this document identified as Agency)providing goods and services to the
Department should be aware of the following time frames. Upon receipt,the Department has five(5)working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
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If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services,a separate interest penalty in accordance with Section 215.422(3)(b), F.S.will be due and payable, in addition
to the invoice amount to the Agency. 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 Agency
requests payment. Invoices which have to be returned to an Agency 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
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the
Department.The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the Division of Consumer
Services at 1-877-693-5236.
21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor,
supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any
public entity in excess of the threshold amount provided in s.287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
22.00 Discrimination:An entity or affiliate who has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity,and may not transact business with any public entity.
23.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the Vendor/Contractor during the term of the contract;and
2•shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract term.
24.00 Inspector General Cooperation:
The contractor/consultant/vendor agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts
the obligation to comply with s.20.055(5), Florida Statutes.
IN WITNESS WHEREOF,the parties hereto have caused these presents be executed,the day and year first above written.
AGENCY FDOT
Collier County Board of County Commissioners
AGENCY NAME DEPARTMENT OF TRANSPORTATION
Chris Smith
SIGNATORY(PRINTED OR TYPED) TITLE Director of Transportation Development
SIGNATURE LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
See attached Encumbrance Form for date of Funding
Approval by Comptroller
TITLE
ATTEST Approved as to form and legality 4)0
DWIGHT E. BROCK, CLERK
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Collier County
Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Adminstration(FTA) Section 5339 Program-Capital
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Board of County Commissioners: 3299 East Tamiami Trail,.
STE#700, Naples. Florida 34112, dated referenced by the above Financial Project
Number.
PROJECT LOCATION: Rural Service Areas in Collier County,Florida
PROJECT DESCRIPTION: The purpose of this Agreement is to provide for the Department's participation,
using Federal Transit Administration (FTA) Section 5339, "Bus and Bus Facilities Program" to assist eligible
recipients in the construction of bus-related facilities,thus allowing grantees to address replacement and capital
expansion needs. Capital expansion needs may include passenger shelters and bus boarding and alighting areas.
Bus shelters and bus boarding and alighting areas must comply with standards for accessibility established by
USDOT regulations implementing the transportation provisions of the Americans with Disabilities Act(ADA).
Specifically, this Agreement provides financial assistance for the construction of a Americans with Disabilities
Act (ADA) related accessibility and compliance improvement at bus stops in the rural service area(s) of Collier
County as described in the grant application on file at the Department.
SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s)required in paragraph 6.50 of the Agreement
shall include a schedule of project assistance that will reflect the Department's contract number,Financial Project
Number and the Federal Identification number,where applicable,and the amount of state funding action(receipt
and disbursement of funds) and any federal or local funding action and the funding action from any other source
with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: When necessary, the Agency may provide written
requests for minor changes or amendments to the services provided by this Agreement. The Department will
provide written responses to all such requests.A minor change or amendment is defined as a non-material change
to the Agreement. As a rule, it will be limited to operational items not having an impact on the scope or budget
of the Agreement.
If applicable,the eligible project period identified herein,may be extended by letter from the Department upon a
written request from the Agency.
The Department recognizes the necessity of,and allows,the Agency to provide public transportation services
under this Agreement beyond its geographic boundaries for achievement of effective and efficient public transit
services,and for public necessity and convenience.
Pxhihit A.Pane 1 of
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Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Board of County Commissioners; 3299 East Tamiami Trail,
STE#700, Naples,Florida 34112,dated referenced by the above Financial Project Number.
Project Estimated and Programmed Budget:
The Department has programmed the funding amounts shown below in the most currently adopted Work Program.
Availability of any funds is subject to legislative approval.
FY 2015/2016
Federal Funding 80% $210,400.00
State Funding* 20% $52,600.00
Total $263,000.00
It is the intent of the Department to participate in the project to the level of Department funding encumbered and
consistent with Section 341.051 (1)(a),F.S.
*For State Fiscal 2015/2016, state funds are available for the match.
Exhibit B.Page 1 of 1 CN0
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Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
EXHIBIT "C"
(5339-with Safety Requirements)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Board of County Commissioners:3299 East Tamiami Trail,
STE#700, Naples,Florida 34112 dated referenced by the above Financial Project Numbers.
REF: Section 341.051 (1) (a)F.S.
Requests for Reimbursement(Invoice Submittals)in accordance with Section 215.422 Florida Statutes and
the requirement of Paragraph 20.00 of this Agreement:
1. Required Submittal Format
The Agency shall submit invoices on forms provided by the Department and prepared in accordance with
instructions given by the Department. Back-up documentation will include the appropriate items
necessary to verify costs incurred and the eligibility of said costs.
2. Approval of Submittal
Goods or services received under this agreement shall be approved/disapproved by the Department no
later than five (5)working days after receipt, by the District Public Transportation Office, of a properly
prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall
inform the Agency within five(5)working days of receipt and return the invoice for corrections.
Mark the required Safety submittal or provisions for this agreement if applicable.
Safety Requirements
Bus Transit System -In accordance with Section 341.061,Florida Statutes,and Rule Chapter 14-90,
Florida Administrative Code,the Agency shall submit,and the Department shall have on file, an annual
safety certification that the Agency has adopted and is complying with its adopted System Safety
Program Plan pursuant to Rule Chapter 14-90,F.A.C.,and has performed annual safety inspections of
all buses operated.
n Fixed Guideway System-(established)In accordance with Section 341.061,Florida Statutes, the
Agency shall submit, and the Department shall have on file,annual certification by the Agency of
compliance with its System Safety Program Plan,pursuant to Rule 14-15.017,Florida Administrative
Code.
n Fixed Guideway System-(new)In accordance with Section 341.061,Florida Statutes,the Agency shall
submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-
15.017,Florida Administrative Code. Prior to beginning passenger service operations,the Agency shall
submit a certification to the Department that the system is safe for passenger service.
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Collier County
Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
Third Party Contracts
The Department must approve third party contracts pursuant to Paragraph 10.10 except that,when checked below,
written approval is hereby granted for:
(l 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental
contract.
2. Other contracts less than $25,000 excluding consultant services or construction contracts. The
Department shall require all consultant and construction contracts and amendments thereto to
receive concurrence prior to award.
3. Recurring, renewable, or on-going operational contracts that have less than a twenty-five percent
(25%)change in total dollar amounts from one year to the next.
R1 4. Purchase of service contracts where the Agency will provide transportation service for a fee.
Required Submittals
SUBMITTAL/CERTIFICATION RESPONSIBILITY
El Procurement Requests Agency
E Safety Compliance Agency
M Specifications Agency
M Invoices Agency
El Audit Reports Agency Annually During
Life of Project
El Project Progress Reports Agency Annually During
(In Department approved format) Life of Project
General Requirements
This Agreement is in conformance with Section 5339/MAP 21 20029 FTA 49 U.S.C. 5339 and Section
341.051(1)(a)Florida Statutes.
The Section 5339 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs
in accordance with the terms of 49 CFR part 655.
The Section 5339 subrecipient shall ensure adherence with all federally required certifications and assurances
made in its application to the Department for Section 5339 funds.
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Collier County
Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
FORMULA INFORMATION:
This program is authorized under 49 U.S.C. Section 5339/Map 21 20029 USDOT,Federal Transit
Administration Circular Bus and Bus Facilities and FTA Circular 9300.1A, "Capital Program: Grant
Application Instructions,"November 1, 1998, as amended. Said circular,Chapter 11, Section 3,outlines the
formula for federal apportionments under this program. Section 5339 funds are apportioned to the states by a
statutory formula based on the ratio of nonurbanized population of each state to the nonurbanized population of
all the states,according to the latest available U.S. census data.
The Department's Central Transit Office and District offices,further sub-allocate the state's federal
apportionment of Section 5339 funds to eligible sub-recipients using the same nonurbanized population formula
as the Federal Transit Administration, which is outlined in FDOT Procedure No. 752-030-004, Section 5311
Program.
This Agreement is in conformance with 49 U.S.C. Section 5339/MAP 21 20029 Federal Transit Administration
Circular Bus and Bus Facilities as amended and Section 341.051(1)(a)Florida Statutes.
The Section 5339 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs
in accordance with the terms of 49 CFR part 655.
The Section 5339 subrecipient shall ensure adherence with all federally required certifications and assurances
made in its application to the Department for Section 5339 funds.
The Section 5339 subrecipient shall at all times comply with all applicable FTA regulations,policies,
procedures and directives, including without limitation those listed directly or by reference in the Master
Agreement between the FDOT and FTA,as they may be amended or promulgated from time to time during the
term of this contract. Failure to so comply shall constitute a material breach of this contract.
The Section 5339 subrecipient assures the project will be completed in accordance with all applicable
requirements imposed by or issued pursuant to 49 U.S.C. 5332,42 U.S. C.2000d,and 49 CFR part 21,and
understands that this assurance extends to its entire facility and to facilities operated in connection with the
project.
The Section 5339 subrecipient agrees to comply with 49 U.S.C. 5323(d)and 49 CFR Part 604,which provides
that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally
funded equipment or facilities if there is at least one private charter operator willing and able to provide the
service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the
exceptions must be"incidental," i.e.,it must not interfere with or detract from the provision of mass
transportation.
Pursuant to 69 U.S.C. 5323(0 and 49 CFR Part 605,the Section 5339 subrecipient of FTA assistance may not
engage in school bus operations exclusively for the transportation of students and school personnel in
competition with private school bus operators unless qualified under specified exemptions. When operating
exclusive school bus service under an allowable exemption, subrecipients may not use federally funded
equipment,vehicles,or facilities.
The Section 5339 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 5323(j)
and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient
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Collier County
Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
also agrees to comply with the pre-award and post-delivery requirements outlined in 49 CFR 661.12.
The Section 5339 subrecipient agrees to comply with all applicable standards,orders or regulations issued
pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C. 1251 if the agreement exceeds
$100,000.
The Section 5339 subrecipient agrees to comply with the requirements pursuant to Byrd Anti-Lobbying
Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR Part 19,Appendix A, Section 7.
If this agreement is for a construction project over$100,000 the recipient must adhere to FTA's bonding
requirements as outlined in the Best Practices Procurement Manual.
The 5339 subrecipient agrees to comply with applicable standards,orders or regulations issued pursuant to the
Clean Air Act,as amended,42 U.S.C. 7401 if this agreement exceeds$100,000.
The 5339 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation
and Recovery Act(RCRA), as amended(49U.S.C. 6962), including but not limited to the regulatory provisions
of 40 CFR Part 247,and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.
The 5339 subrecipient agrees to comply with the Davis-Bacon and Copeland Anti-kickback acts as codified at
40 U.S.C. 3141 and 18 U.S.C. 874 for any agreement exceeding$2,000.
For any contract over$2,000 the 5339 subrecipient agrees to comply with the Contract Work Hours and Safety
Standards Act codified at 40 U.S.C. 3701.
The 5339 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49
U.S.C. 5339 and 29 CFR Part 215.
The 5339 subrecipient shall not perform any act,fail to perform any act,or refuse to comply with any FDOT
requests which would cause the 5339 subrecipient to be in violation of the FTA terms and conditions.
In accordance with Florida Statute 341.061,and Rule 14-90,Florida Administrative Code,the Agency shall
submit, and the Department shall have on file,an annual safety certification that the Agency has adopted and is
complying with its adopted System Safety and Security Program Plan pursuant to Rule 14-90 and has
performed annual safety inspections of all buses operated.
The agency shall require the independent auditor,retained to perform the audit as required by the Office of
Management(OMB)Circular A-133 and/or the Florida Single Audit Act,215.97 F.S.,to specifically test and
certify that services funded by the program were provided in non-urbanized areas,that there was no restriction
on public use,and that the State and Federal share of eligible costs did not exceed amounts specified in the
approved project budget(Exhibit B).
CO
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Collier County
Financial Project Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
Article 12.30 of this agreement require the recipient of Section 5339 funds ensure the Disadvantage Business
Enterprises maximum opportunity to compete for and perform contracts. Information on contracts,utilizing
5339 funds,must submit to The District Office biannually.
The direct recipient of Section 5339 funds is responsible for ensuring that any entity,providing transportation
services on its behalf, is incompliance with FTA Drug and Alcohol Regulation,49 C.F.R. Part 655. If a transit
system serves only as to pass through non-FTA funding to another transportation agency,the later is not
covered by the regulations. Those pass through funds must be clearly identified and distinct from other FTA
funds.
Section 5339 funded programs must provide service on a first-come,first-served basis to the general public.
Prioritizing trips is not allowed.
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Collier County
Financial Program Number: 439422-1-94-01
Contract Number: G0A60
Federal Transit Administration(FTA)Section 5339 Program-Capital
EXHIBIT D
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and Collier County Board of County Commissioners;3299 East Tamiami Trail,
STE#700, Naples,Florida 34112 dated referenced by the above Financial Project Numbers.
FEDERAL FINANCIAL ASSISTANCE(SINGLE AUDIT ACT)
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
CFDA No.: 20.526
CFDA Title: BUS AND BUS FACILITIES FORMULA PROGRAM
Bus Program
*Award Amount: $210,400.00
Awarding Agency: Florida Department of Transportation
Indirect Cost Rate: N/A
**Award is for R&D: N/A
*The federal award amount may change with supplemental agreements
**Research and Development as defined at §200.87, 2 CFR Part 200
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE
FOLLOWING AUDIT REQUIREMENTS:
2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal
Awards
t \ti.ccf''.s
OMB Circular A-133,Audits of States, Local Governments and Non-Profit Organizations
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT
TO THE FOLLOWING:
OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments
‘N Nd .whitcchtlu c.Lo\lomb eircula':s
OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations
tl\\,tNIli1t`l1(141,s ',2,)\, 0111h't'9r uI,<rs
49 USC 5339: Bus and Bus Facilities Formula Grants
littp llo €`r;.`_'{3t t..... 11
Exhibit D,Page 1 of 2
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Collier County
Financial Program Number: 439422-1-94-01
Contract Number: GOA60
Federal Transit Administration(FTA) Section 5339 Program-Capital
FTA Circular 9300.1B: Capital Investment Program Guidance and Application Instructions
.;uv Iefaislation Tall:
Federal Funding Accountability and Transparency Act(FFATA) Sub-award Reporting System(FSRS)
Exhibit D,Page 2 of 2
VI)Packet Page -1241-
6/14/2016 16.D.17.
RESOLUTION 2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S
APPROVAL OF THE JOINT PARTICIPATION WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION PERTAINING TO fHE DESIGN AND
CONSTRUCTION OF BUS STOP IMPROVEMENTS IN THE RURAL AREA
AND AUTHORIZING THE CHAIRPERSON TO SIGN THAT AGREEMENT
WHEREAS, at the June 14, 2016, meeting of the Board of County Commissioners the Board
approved a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT)
pertaining to the design and construction of bus stop improvements in the rural area (Financial Project
No. 439422-1-94-01) and authorized the Board of County Commissioners, through its Chairperson to
enter into the JPA with the FDOT;and
WHEREAS,the FDOT requires the Board provide a resolution memorializing and confirming the
Board's aforementioned affirmative vote to approve the agreement and authorize the Chairperson to
execute the Agreement.
NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,that;
1. On June 14, 2016,. the Board of County Commissioners approved by majority vote the JPA
(Financial Project No. 439422-1-94-01) and authorized its Chairperson, to enter into that
agreement with FDOT.
2. A certified copy of this Resolution shall be forwarded by the Collier County Clerk to FDOT
along with the executed JPA.
This Resolution is hereby adopted after motion,second and majority vote this 14th day of June
2016.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By By
Deputy Clerk DONNA FIALA,CHAIRPERSON
.•raved as to f•- an legality:
cottcoR.Teach,Deputy County Attorney
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