Agenda 09/25/2012 Item #16D4 9/25/2012 Item 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve and execute the attached five-year Joint Participation
Agreement (JPA) with Florida Department of Transportation in the amount of$1,776,556
under State Transit Block Grant Program Contract Number AQQ16 providing for State
funding for eligible Collier County public fixed-route transit administrative, management
and operational expenses in the amount of$888,278 as well as a FY201212013 local match
in the amount of$888,278, and approve the necessary budget amendments.
OBJECTIVE: To enter into an agreement with the State of Florida Department of
Transportation to receive $888,278 in State dollars to offset public fixed route transit
administrative, management and operating costs during Fiscal Year 2012-2013.
CONSIDERATION: State funding is made available each year through a process administered
by the Florida Department of Transportation (FDOT) under the State Transit Block Grant
Program. This five-year Joint Participation Agreement (JPA) Contract Number AQQ16 will
provide funding for eligible administrative, management and operational expenses incurred
while providing public fixed-route transportation services in Collier County. The attached JPA
is for a five year period expiring on December 31, 2017. The amount of State dollars available
for FY 2012-2013 totals $888,278 and requires a 50% local match of$888,278.
FISCAL IMPACT: This JPA Agreement provides for State dollars in the amount of
$888,278.00, which are administered under the State Block Grant program. A budget
amendment is required in FY13 in the amount of $888,278.00 to recognize grant revenue to
Collier Area Transit (CAT) Grant Fund 424, Project 33234. A budget amendment is also
required in the amount of$888,278 in FY13 to CAT Grant Match Fund 425, Project 33234. The
adopted FY13 budget includes funding from Gas Taxes to be utilized as match within CAT Fund
426.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval—SRT.
GROWTH MANAGEMENT IMPACT: Consistent with the Transportation Elements in
Objectives 10 and 12 of the Growth Management Plan.
RECOMMENDATION: That the Board approve and authorize its Chairman to execute the
attached five-year Joint Participation Agreement (JPA) Contract Number AQQ16 with Florida
Depaitiient of Transportation providing $888,278 in State funding for eligible Collier County
public fixed-route transit operational expenses as well as a FY 2012-2013 local match in the
amount of$888,278, the attached Resolution and authorize the necessary budget amendments.
Prepared by: Yousi Cardeso, Administrative Assistant, Alternative Transportation Modes
Attachments: (1) Joint Participation Agreement(JPA); (2) Resolution
Packet Page-2518-
I I
9/25/2012 Item 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4.
Item Summary: Recommendation to approve and execute the attached five-year Joint
Participation Agreement (JPA) with Florida Department of Transportation in the amount of
$1,776,556 under State Transit Block Grant Program Contract Number AQQ16 providing for
State funding for eligible Collier County public fixed-route transit administrative, management
and operational expenses in the amount of$888,278 as well as a FY2012/2013 local match in
the amount of$888,278.
Meeting Date: 9/25/2012
Prepared By
Name: CardesoYousi
Title: Administrative Assistant,Alternative Transportatio
8/28/2012 4:35:27 PM
Submitted by
Title: Administrative Assistant,Alternative Transportatio
Name: CardesoYousi
8/28/2012 4:35:29 PM
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst,Transportation Administr
Date: 8/29/2012 2:16:13 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/12/2012 1:04:48 PM
Name: ArnoldMichelle
Title: Director-Alt Transportation Modes,Alternative Tr
Date: 9/12/2012 5:06:30 PM
Packet Page-2519-
9/25/2012 Item 16.D.4.
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 9/13/2012 1:38:57 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 9/13/2012 2:55:31 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 9/14/2012 2:12:38 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 2:44:46 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/17/2012 10:48:10 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 9/17/2012 1:21:15 PM
Name: OchsLeo
Title: County Manager
Date: 9/17/2012 1:41:19 PM
Packet Page -2520-
9/25/2012 Item 16.D.4.
RESOLUTION 2012-
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER
COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO PROVIDE STATE TRANSIT BLOCK GRANT FUNDS FOR
PUBLIC TRANSPORTATION SERVICES IN COLLIER COUNTY AND AUTHORIZING
THE CHAIRMAN TO SIGN THAT AGREEMENT.
WHEREAS, at the September 25, 2012, meeting of the Board of County Commissioners the
Board approved a Joint Participation Agreement (JPA: FM Project Number: 410139-1-84-01 /
Contract Number: AQQ 16) with the Florida Department of Transportation to provide State Transit
Block Grant funds to assist Collier County and authorized its Chairman to sign and enter into that
agreement; and
WHEREAS, the Florida Department of Transportation requires the Board provide a resolution
memorializing and confirming the Board's aforementioned affirmative vote approving authorizing its
Chairman to execute the Joint Participation Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that;
On September 25, 2012, the Board of County Commissioners approved by majority vote the
aforementioned Joint Participation Agreement and authorized its chairman to execute that agreement.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT
along with the executed Agreement.
This Resolution is hereby adopted after motion, second and majority vote this 25th day of
September 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By By
Deputy Clerk Fred W. Coyle, Chairman
Approved as to form
an "legal sufficiency
1/(_ ,
Scott R. Teach
Deputy County Attorney
Packet Page -2521-
9/25/2012 Item 16.D.4.
"1161%
Wit.
Florida Department of Transportation
RICK SCUM 801 NORTI1 BROADWAY, VENUE: ANA``r11 PR:ISAD,P.E.
GOVERNOR BAR VOW.FLUR1DA 33830 SE:CREVARY
August 20, 2012
Michelle Edwards Arnold, Director
Alternative Transportation Modes Department/Growth Management Division
2885 South Horseshoe Drive
Naples, Florida 34104
RE: New Joint ParticipationAgreementforthe Department's 2012/2013 State Transit Block Grant
Program
Financial Project Number 410139-1-84-01 /Contract NumberAQQ16
Dear Ms. Arnold,
Enclosed please find four(4)original copies of this new Joint Participation Agreement(JPA) providing for
the Department's Fiscal Year 2012/2013 State Transit Block Grant Program participation in Collier County's
eligible costs related to the administrative, management and operational expenses of providing public
transportation services.
Please execute and return three (3)of the original copies of the project Agreement in accordance with the
attached checklist. Do not date the Agreements. The fourth copy of the Agreement is for your records.I am
enclosing a sample Resolution for your convenience. The Department requires two original Resolutions to AtookiA
support each new Joint Participation Agreement
Please note:
• Paragraph 8.30 of the Agreement, "Disallowed Costs." Do not incur any costs to this project until
you receive a fully executed Agreement from this office. Failure to comply with this provision is
cause for nonparticipation by the Department.
• Paragraph 18.10 in the Agreement, "Final Invoice."This paragraph establishes a time frame for
submitting the final invoice for the project.
• The Department's Joint Participation Agreement form dated June 2011 includes an Exhibit D,
"Project Audit Requirements."
If you require additional information or have any questions,please feel free to contact Ms. Julia B. Davis,
AICP, Transit Projects Coordinator, at (239) 656-7800, or at Julia.Davisla.dot.state.fl.us.
Sincerely.
Terry Sham
District Modal Development Administrator
TWB/RPS/JBD
Enclosures: 6
cc: Richard P. Shine, Florida Department of Transportation, District One, Modal Development Office (Letter only)
Julia B. Davis, AICP, Florida Department of Transportation, District One, Modal Development Office
www.dot.state.fl.us
i
Packet Page-2522- .
9/25/2012 Item 16.D.4.
t
CHECK LIST
Please check for these items on Joint Participation Agreements, Supplemental Joint
Participation Agreements or Joint Participation Agreement Terminations to ensure validity of the
Agreement.
(1) Original Signature must appear on three(3)copies of the Agreements.
(2) Please be sure authorized parties type titles and names on all copies for clarity.
(3) Please provide two resolutions from the Agency authorizing signing of the
Agreement. Resolutions must specifically identify, by name or title, person(s)
authorized to sign Agreements. Resolutions must bear original signature with seal.
A sample Resolution is attached for your consideration and use.
(4) Please do not fill in any dates on the Agreements.
(5) Please return three(3) signed copies of the Agreement for further processing to the
District Modal Development Office at the address below:
Florida Department of Transportation
District One
Modal Development Office
P. O. Box 1249
Bartow, Florida 33830
A copy will be furnished to your Agency after the Agreement is executed by the
Department.
(6) Do not obligate funds against this project until final execution of the Agreement by
the State has been completed and you have the necessary written approval from the
Department.
Packet Page-2523-
9/25/2012 Item 16.D.4.
Davis, Julia
From: The job F19B9WMR
Sent: Tuesday,July 31, 2012 3:26 PM
To: Davis,Julia
Subject: FUNDS APPROVAUREVIEWED FOR CONTRACT AQQ16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
Contract fAQQ16 Contract Type: Method of Procurement:
Vendor Name: COLLIER COUNTY B
Vendor ID: VF596000558004
Beginning date of this Agmt: 10/01/12
Ending date of this Agmt: 12/31/17
ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT "FCT *CFDA
(FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR
AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS
Action: ORIGINAL Funds have been: APPROVED
55 012020129 *PT *750010 * 888278.00 '41013918401 *680 *
2013 *55100100 *088774/13
0801 *00 * "0001/04
TOTAL AMOUNT: *$ 888,278.00
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
DATE: 07/31/2012
Please provide us your feedback on the Contract Funds Management System.
A survey is available at the following link:
http://cosharepoint.dot.state.fl.us/sites100C/FM01CFM/default.asox
under the Surveys tab.
Thank you in advance for your time!
CO t , 6r 1°C
1
�� izl/3
PQC1169
Packet Page-2524-
.........___._..
9/25/2012 Item 16.D.4.
STATE OF FWNOA QEPAAT1 HT CF 1AANSPORTATICN ra 6
PUBLIC TRANSPORTATION KWIC TRANSPORTATION
osnI
JOINT PARTICIPATION AGREEMENT polo .09
Financial Project No(s).: Fund: 010 FLAIR Category.: 088774
pum aepmmnt Doors.acuencs) Function: 880 Object Code: 750010
41013918401 55012020129
Federal No.: Ns Org.Code:
Contract No: A0016 DUNS No.: 076997790 Vendor No.: F596000558004
CFDA Number. nla CSFA Number. 55010
THIS AGREEMENT,made and entered into this day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,an agency of the Stale of Florida,
hereinafter referred to as the Department,and Collier County Board of County Commissioners
3301 East Tamiami Trail,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 12131/2017 and this Agreement will expire unless a time extension is provided
in accordance with Section 18.00.
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
341.052
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 through the State Transit Block Grant Program,in the Agency's eligible
administrative,management,and operational expenses of providing public transportation services
and as further described in Exhibit(s)A,B,C,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.
Packet Page-2525-
9/25/2012 Item 16.D.4.
72S0354111 ARPRAN.
PUBLIC TRANSPORTATION
O6n1
Pap tdU
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.
3.00 Project Cost: The total estimated cost of the project is$ See Exhibit B 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 aft 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$ See Exhibit B 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 17.00 of this Agreement;
(c) Approval of all plans,specifications,contracts or other obligating documents 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 ❑ is p 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 Retainage: Retainage ❑ is Q is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed,at the
Department's discretion,on or before the completion of the final project audit.
Packet Page -2526-
9/25/2012 Item 16.D.4.
775076434
PYBUC TRANSPORTATION
ant
6.00 Project Budget and Payment Provisions: Pao.aa t•
6.10 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 and make disbursements
of 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 and is
approved by the Department Comptroller.
6.20 Payment Provisions:Unless otherwise allowed under Section 4.20,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.
7.00 Accounting Records:
7.10 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'. Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made.
7.20 Funds Received Or Made Available for The Project:The Agency 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
payments received by it from the Department pursuant to this Agreement and all other funds provided for,accruing to,or
otherwise received on account of the project,which Department payments and other funds are herein collectively
referred to as°project funds".The Agency 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 Department,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 Department.
7.30 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.
7.40 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.
7.50 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.
7.60 Audit Reports: in addition to the requirements below,the Agency agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the Department,including but not limited to site visits
and limited scope audits.The Agency further agrees to comply and cooperate with any inspections,reviews,
investigations,or audits deemed necessary by the State Comptroller or Auditor General.The Agency shall retain
sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date
the audit report is issued,and shall allow the Department access to such records and working papers upon request.The
following requirements do not limit the authority of 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 Agency shall comply with all audit and audit reporting requirements as specified in Exhibit°D"attached hereto and by
this reference made a part hereof this Agreement.
Packet Page -2527-
9/25/2012 Rem 16.D.4.
12307406
PUBIC TRANSPORTATION
0$,"
NO 41$114
7.81 Monitoring: in addition to reviews of audits conducted in accordance with OMB Circular M33 and Section
215.97,Florida Statutes,(see*Audits*below),monitoring procedures may indude,but not be limited to,on-site visits by
Department staff,limited scope audits as defined by OMB Circular A-133,and/or other procedures. The Agency agrees
to comply and cooperate fully with any monitoring procedures/processes deemed appropriate �es Co nt. In the
event the Department determines that a limited scope audit of the Agency is appropriate, Agency agrees
with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further
to comply and cooperate with any inspections,reviews.investigations,or audits deemed necessary by
Office of inspector General(010)and Florida's Chief Financial Officer(CFO)or Auditor General.
7.82 Audits:
Part I Federally Funded: If the Agency is a state,local government,or non-profit organizations as defined In OMB
Circular A-133 and a recipient of federal funds,the following annual audit criteria will apply:
1. In the event that the recipient expends$500,000 or more In Federal awards In its fiscal year,the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised.
Exhibit°D°to this agreement indicates Federal resources awarded through the Department by this agreement. In
determining the Federal awards expended in its fiscal year,the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133,as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-133,as revised,will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I,Paragraph 1.,the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133.
3. If the recipient expends less than the amount in Part I,Paragraph 1..an audit conducted In accordance with the
provisions of OMB Circular A-133,is not required. If the recipient elects to conduct such an audit,the cost of the audit Amok
must be paid from resources obtained from other than Federal entitles.
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance(CFDA)UM and number,
award number and year,and name of the awarding federal agency.
Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes,and
a recipient of state funds,the following annual audit criteria will apply:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year,the recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services and the CFO;
and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General. Exhibit°D°to this agreement indicates state financial assistance awarded through the Department by this
agreement. in determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources
of state financial assistance,including state financial assistance received from the Department,other state agencies,and
other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II,Paragraph 1.,the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e),Florida Statutes,and Chapter 10.550(local governmental entities)
or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends Less than the amount in Part II,Paragraph 1.,such audit is not required. If the recipient
elects to conduct such an audit,the cost of the audit must be paid from the recipient's resources obtained from nonstate
entitles.
4. State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number,
award number and year,and name of the state agency awarding it. Amok
Packet Page-2528-
9/25/2012 Item 16.D.4.
PUBLIC 171.0411PORTATON
pent
pip sons
Part III Other Audit Requirements
1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings,Including corrective action and current status of the audit findings is required. Current year audit
findings require corrective action and status of findings.
2. Records related to unresolved audit findings,appeals,or litigation shall be retained until the action Is completed
or the dispute Is resolved. Access to project records and audit work papers shall be given to the Department,the
Department Comptroller,and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaivations.of state financial assistance or limit the authority of any other
state official.
Part IV Report Submission
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required
by Section 7.62 Part I of this agreement shall be submitted.when required by Section.320(d),OMB Circular A-133,
by or on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,District One Headquarters
Office Modal Development/Public Transit,MS 1-39
801 North Broadway Avenue,Bartow,Florida 33830
B. The number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,submitted to the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular
A-133.
2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and
conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons
pursuant to section.320(e)(2),OMB Circular A-133,the recipient shall submit the required written notification
pursuant to Section.320(e)(2)and a copy of the recipient's audited schedule of expenditures of Federal awards
directly to each of the following:
Florida Department of Transportation.District One Headquarters
Office Modal Development/Public Transit,MS 1-39
801 North Broadway Avenue,Bartow,Florida 33830
In addition,pursuant to Section.320(f),OMB Circular A-133,as revised,the recipient shall submit a copy of the
reporting package described in Section.320(c).OMB Circular A-133,and any management letters Issued by the
auditor,to the Department at each of the following addresses:
Florida Department of Transportation,District One Headquarters
Office Modal Development/Public Transit,MS 1-39
801 North Broadway Avenue,Bartow,Florida 33830
Packet Page -2529-
9/25/2012 Item 16.D.4.
PUBLIC TRANSPORTATION
06111
PK,60 14
3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation,District One Headquarters
Office Modal DevatopmenU Public Transit.MS 1-39
801 North Broadway Avenue,Bartow,Florida 33830
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401,Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by Section 7.62 Part ill of this Agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation,District One Headquarters
Office Modal Developmentl Public Transit,MS 1-39
801 North Broadway Avenue,Bartow,Florida 33830
5. Any reports,management letter,or other Information required to be submitted to the Department pursuant to this
Agreement shall be submitted timely in accordance with OMB Circular A-133,Section 215.97,Florida Statutes,and Aslitek
Chapter 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,as applicable.
6. Recipients,when submitting financial reporting packages to the Department for audits done in accordance with OMB
Circular A-133 or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),
Rules of the Auditor General,should indicate the date that the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least five years from the date the audit report is issued,and shall allow the Department,
or its designee,the CFO or Auditor General access to such records upon request. The Agency shall ensure that the
independent audit working papers are made available to the Department,or its designee,the CFO,or Auditor General
upon request for a period of at least five years from the date the audit report is issued,unless extended in writing by the
Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon
request to the Department at all times during the period of this Agreement and for five 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 Participant's general accounting records and the project records,together with supporting documents and
records,of the contractor and all subcontractors performing work on the project,and all other records of the Contractor
and subcontractors considered necessary by the Department for a proper audit of costs.
7.64 Other Requirements: If an audit discloses any significant audit findings related to any award,including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency,the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings,recommendations,and corrective action plans.
A Walk I
Packet Page -2530-
9/25/2012 Item 16.D.4.
725030-06
PUBLIC TRAMPORTATWN
01/11
Pap 7 a114
7.65 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. In the event this Agreement is for purchase of land or for the construction of
Infrastructure such as airport runways the Department may waive or modify this section.
8.00 Requisitions and Payments:
8.10 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 7.10 hereof)to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 invoices for any travel expenses shall be submitted In accordance with Chapter 112.081,F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.081, F.S.
8.13 For real property acquired,submit;
(a) the data 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.
(p) 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.
8.20 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:
8.21 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;
8.22 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;
8.23 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;
8.24 Confiict of Interests:There has been any violation of the conflict of interest provisions contained herein;
or
8.25 Default The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 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."
Packet Page-2531-
...............
9/25/2012 Item 16.D.4.
72513041
PUBLIC TRANSPORTATION
sent
Paso Set U
8.30 Disallowed Costs:to determining the amount of the payment,prior to receipt of annual notification of funds
availability,the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
Agreement,costs which are not provided for in the latest approved budget for the project,and costs attributable to goods
or services received under a contract or other arrangements which have not been approved In writing by the Department
and costs invoiced prior to receipt of annual notification of fund availability.
8.40 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.
9.00 Termination or Suspension of Project:
9.10 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 8.21 to 8.26 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.
9.11 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 =N<
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 dosing 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.
9.12 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.
10.00 Remission of Project Account Upon Completion of Project:Upon completion of the project,and after
payment,provision for payment,or reimbursement of all project costs payable from the project account is made,the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 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.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department,the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department Joint participation
funds,including consultant,construction or purchase of commodities contracts or amendments thereto,with any third
party with respect to the project without the written approval of the Department.Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in Section 8.23.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. Amok
Packet Page-2532-
9/25/2012 Item 16.D.4.
PUBLIC TRANSPORTATION
d6f1f
PsG.Y•U
12.20 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,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 compliance with the Consultants'Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise(DBE)Policy
12.31 DBE Policy:The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26,as amended,have the maximum opportunity to participate in the performance
of contracts and this Agreement.In this regard,all recipients,and contractors shall take all necessary and reasonable
steps in accordance with 49 CFR Part 26,as amended,to ensure that the Disadvantaged Business Enterprises have the
maximum opportunity to compete for and perform contracts. Grantees.recipients and their contractors shall not
discriminate on the basis of race,color,national origin or sex in the award and performance of Department assisted
contracts.
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
award and administration of DOT-assisted contracts. The recipient's OBE program,as required by 49 CFR part 26 and
as approved 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 28 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 at seq.)
12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Pan 26 flied
under this section to the Department within 30 days of receipt by the Agency.
13.00 Restrictions,Prohibitions,Controls,and Labor Provisions:
13.10 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.
13.20 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 1984(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.
13.30 Title Vitt-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 1988,42
USC 3601,et seq.,which among other things,prohibits discrimination in housing on the basis of race,color,national
origin,creed,sex,and age.
Packet Page -2533-
9/25/2012 Item 16.D.4.
MOWS
PUBLIC TRANSPORTATION
OY11
Pep 10 e1 14
13.40 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.
13.50 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.
13.50 Interest of Members of,or Delegates to,Congress:No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
Amok
14.10 Environmental Pollution:Execution of this Joint Participation Agreement constitutes a certification by the
Agency 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.
14.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 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 wills 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.
14.40 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.
14.50 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.
14.60 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.
Areek
Packet Page -2534-
9/25/2012 Item 16.D.4.
>x
PYBUC TRM6PORIAi oN
ten1
Page it el 14
14.70 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.
14.71 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.
14.80 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.
14.90 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 emptoyees,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 expanses
at trial.
15.00 Plans and Specifications: In the event that this Agreement Involves the purchasing of capital equipment
or the constructing and equipping of facilities,the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project.The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate.After resolution of these comments and recommendations to the
Department's satisfaction,the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 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 tile is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
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.
Packet Page -2535-
9/25/2012 Item 16.D.4.
mmoos
PAL=TRANSPORTAmN
am
Page ud14
17.20 Multi-Year Commitment:in the event this Agreement is In excess of 625,000 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:la)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.°
18.00 Expiration of Agreement:The Agency agrees to complete the project on or before
12/3112017 . 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 9.00 of this Agreement shall be initiated.
18.10 Final Invoice:The Agency must submit the final Invoice on this project to the Department within 120 days
after the expiration of this Agreement.
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 Restrictions on Lobbying:
21.10 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.
It 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 subawards at all
tiers(Including subcontracts,subgrants,and contracts under grants,loans and cooperative agreements)and that all
subreciplents shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
Packet Page -2536-
9/25/2012 Item 16.D.4.
raoaocs
PUBLIC 1NANSPDRTAT ON
Opni
Paps 1.30 K
22.00 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.
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(3Xb),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)413.5518.
23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor fist 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 38
months from the date of being placed on the convicted vendor list.
24.00 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.
25.00 E-Verify
Vendors/Contractors:
1. shall utilize the U.S.Department of Homeland Security's E Verity 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.
•
Packet Page -2537-
9/25/2012 Item 16.D.4.
z:s4
PUB::C TFLUiSPVR7A7iCN
Od!1;
PalVII 14 et IS
Financial Project No(s).41013918401
Contract No. A0Q16
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY FOOT
Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding
AGENCY NAME Approval by Comptroller
Ere £T LEGAL REVIEW
SIGNATORY(PRINTED OR TYPED) N'-iDEPARTMENT OF TRANSPORTATION
l�l�lty.
S IGW TURF
DEPARTMENT OF TRANSPORTATION
e._ CL1r met r"1 Director of Transportation Development
TITLE TITLE
ATTEST
DWIGHT E. BROCK, CLERK
BY:,
Approved as to for &legal ssd!lidetscy
1
Deputy County Attorney
Packet Page -2538-
9/25/2012 Item 16.D.4.
Collier County
Financial Project Number: 410139-1-84-01
Contract Number: AQQ 16
State Transit Block Grant Program
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; 3301 East Tamiami Trail,
Naples, Florida 34112, dated referenced by the above Financial Project Number.
PROJECT LOCATION: Collier County, Florida
PROJECT DESCRIPTION: The purpose of this project Agreement is to provide for the Department's participation,
through the State Transit Block Grant Program, in the Agency's eligible administrative, management, and operational
expenses of providing public transportation.
SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 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.
Exhibit A,Page 1 of 1
Packet Page-2539-
9/25/2012 Item 16.D.4.
Collier County
Financial Project Number: 410139-1-84-01
Contract Number: AQQ 16
State Transit Block Grant Program
EXHIBIT"B"
PROJECT BUDGET
(For Transit Multi-Year Projects)
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;3301 East Tamiami Trail,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. The
funding for subsequent years is based upon federal and/or state appropriation levels and on the distribution formula as
outlined in Exhibit"C". This funding will be made available,annually, in the following manner: After the Agency has
met all program requirements, the Department will encumber funds for that fiscal year and will advise the agency in
writing of the amount of funding available and the beginning date when the Agency may incur eligible project cost. This
notification must be signed by the agency and returned to the Department. Availability of any funds is subject to
legislative approval.
FY 2012/13
Local Funding(LF) (50%) $888,278.00
State Funding(DPTO) (50%) $888,278.00
Total $1,776,556.00
It is the intent of the Department to participate in the project to the level of Department funding encumbered and
consistent with Section 341.052,F.S.
Exhibit B,Page 1 of 1
Packet Page -2540-
9/25/2012 Item 16.D.4.
Collier County
Financial Project Number: 410139-1-84-01
Contract Number: AQQ16
State Transit Block Grant Program
EXHIBIT "C"
(For State Block Grant Only)
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: 3301 East
Tamiami Trail,Naples, Florida 34112,dated referenced by the above Financial Project
Number.
REF: Section 341.052 F.S.
The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and
local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec.
341.052(1)F.S.,and Sections 5307 and 5311 of the Federal Transit Act,49 U.S.C. 5307,and 49 U.S.C. 5311
respectively.
Eligible transit capital costs means any costs that would be defined as capital costs by the Federal
Transit Administration.
Eligible transit operating costs are the total administrative, management,and operation costs directly
incident to the provision of public bus transit services, excluding any depreciation or amortization of
capital assets.
Block grant funds shall not exceed local revenue during the term of this agreement.
(Local revenue is defined as the sum of money received from local government entities to assist in
paying transit operation costs, including tax funds,and revenue earned from fare box receipts, charter
service, contract service, express service and non-transportation activities.)
Block grant funds shall not supplant local tax revenues made available for operations in the year immediately
preceding this agreement.
State participation in eligible public transit operating costs may not exceed fifty(50)percent of such costs or an
amount equal to the total revenue, excluding farebox,charter,and advertising revenue and federal funds,
received by the provider for operating costs, whichever amount is less.
The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit
Act of 1984, to specifically test and certify that these limitations(...funds shall not exceed local revenue...funds
shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax
revenues made available for operations in the previous year)of the block grant program as delineated in
Chapter 341.052 F.S., have been adhered to.
The Agency shall provide the Department with two (2)copies of its most current adopted budget by March 1.
Unless the adopted budget uses a format consistent with the National Transit Database(NTD)report,the copy
provided to the Department will indicate how the projections for total local revenue, local tax revenue made
available for operations,and depreciation and amortization costs,as they will appear in the NTD report,can be
identified.
Exhibit C,Page 1 of3
Packet Page-2541-
9/25/2012 Item 16.D.4.
Collier County
Financial Project Number: 410139-1-84-01 Alitortk
Contract Number: AQQ16
State Transit Block Grant Program
The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department,the
productivity and performance measures established for the transit providers most recently completed fiscal year
and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its
publication. This report shall be submitted to the Department no later than November 15 of each year,and
published either by December 31 or no later than twenty eight(28)calendar days of the Department's written
approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty
eight(28)calendar days of publication.
The Agency shall submit a Transit Development Plan(TDP)or annual update to the Department by September
1 of each year. As a separate part of the transit development plan or annual report, the Agency will address
potential enhancements to productivity and performance which would have the effect of increasing farebox ratio
pursuant to FS 341.071 (2).
A TDP shall conform to the requirements in Rule 14-73,available at:
http://fac.dos.state.fl.us/faconline/chapter14.pd f.
The Department will allocate State Transit Block Grant Program funds as described in Section 341.052,F.S.
OTHER REQUIREMENTS
Safety Requirements
® Bus Transit System - 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 Chapter 14-90 and has performed annual safety inspections of all buses
operated.
Requests for Reimbursement (Invoice Submittals) in accordance with Section 215.422 Florida Statutes and the
requirement of Paragraph 22.00 of this Agreement:
1. Required Submittal Time
The Agency must submit an invoice to the Department within one hundred and twenty(120)days from the ending
date of the eligible billing period covered by the invoice. Should the Agency not submit a correctly prepared and
documented invoice within the proper time frame, the Department may deny payment of the Department's share
of the invoice.
2. 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.
3. 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 Modal Development Office, of a properly prepared and
submitted invoice. Should the invoice be incomplete or incorrect,the Department shall inform the Agency within
Exhibit C,Page 2 of 3
Packet Page -2542-
9/25/2012 Item 16.D.4.
five(5)working days of receipt and return the invoice for corrections.
Collier County
Financial Project Number: 410139-1-84-01
Contract Number. AQQ16
State Transit Block Grant Program
SECTIONS MARKED WITH AN"X"ARE APPLICABLE TO THIS AGREEMENT
Third Party Contracts
The Department must approve third party contracts pursuant to Paragraph 12.00 except that, when checked below,written
approval is hereby granted for:
X 1. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental contract.
X 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.
X 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.
X 4. Purchase of service contracts where the Agency will provide transportation service for a fee.
Required Submittals
SUBMITTAL/CERTIFICATION RESPONSIBILITY
X Procurement Requests Agency
X Safety Compliance Agency
X Specifications Agency
X Invoices Agency
X Audit Reports Agency Annually During
Life of Project
Exhibit C,Page 3 of 3
Packet Page -2543-
■
9/25/2012 Item 16.D.4.
Awe
PUBLIC TRANSPORTATION
Oa/C6
Pape f of I
Collier County
Financial Project Number: 410139-1-84-01
Contract Number: AQQ16
State Transit Block Grant Program
EXHIBIT D
FEDERAL AND STATE RESOURCES AND COMPLIANCE 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:_3301 East Tamiami Trail,Naples,Florida 34112 ,
dated
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below, If the
resources awarded to the recipient represent more than one Federal or State program,provide the same information for
each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program,list applicable
compliance requirements for each program in the same manner as shown here:
STATE RESOURCES
State Agency Catalog of State Financial Assistance(Number&Title) Amount
Florida Department of 55.010—Public Transit Block Grant Program $888,278.00
Transportation
Compliance Requirements
1. Chapter 341.052,Florida Statutes
2. Chapter 341.071,Florida Statutes
3. All terms of Department Contract
NOTE: Section.400(d)of OMB Circular A-133,as revised,and Section 215.97(5)(a),Florida Statutes,require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
Exhibit D,Page 1 of 1
Packet Page-2544-