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Agenda 06/09/2009 Item #16B 5 Agenda Item No. 16B5 June 9, 2009 Page 1 of 39 EXECUTIVE SUMMARY Recommendation to accept the FY08-09 grant award under the Federal Transit Administration (FTA) Section 5311 American Recovery and Reinvestment Act (ARRA) Program in the amount of $495,090.00 and to execute the Joint Participation Agreement (JP A) between Florida Department of Transportation (FDOT) and Collier County and approve all necessary budget amendments OBJECTIVE: To accept the FY08-09 grant award under the Federal Transit Administration (FT A) Section 5311 American Recovery and Reinvestment Act (ARRA) Program in the amount of $495,090.00 and to execute the Joint Participation Agreement (JP A) between (FDOT) and Collier County and approve all necessary budget amendments. CONSIDERA TION: Collier County has been awarded under the Federal Transit Administration (FT A) FY2008-2009 Section 5311 American Recovery and Reinvestment Act (ARRA) funds in the amount of $495,090 for the purchase of vehicles and non-vehicular capital items listed below. Financial Total Cost Management Capital Expense Project Number(s) 100% 426796-1-93-01 23' Cutaway Bus $80,000.00 426772-1-94-01 Electronic fareboxes (includes IT package & Vault) 4 (a)$30,7l4.25 $122,857.00 426772-1-94-02 Automatic Vehicle Locators 4@ $16,000.00 $64,000.00 426772-1-94-03 Bus Shelters (6) @ $21,372.33 each $128,233.00 426772-1-94-04 Mobility management $100,000.00 .' .)".':Iii..'''..,...,....,. ,. TOTAL PROJECT LU~l ., ,. 'i. .'". .....' ',~"/.). ... '$495,090.00" " The Florida Department of Transportation requires Collier County to sign a Notice of Grant Award letter to purchase vehicles with American Recovery and Reinvestment Act (ARRA) funds. The amount allocated for the purchase of a Paratransit vehicle is $80,000.00. The remaining amount of$415,090.00 will be utilized for capital non-vehicular items as listed on the above table. This amount will be funded through a Joint Participation Agreement (JP A) between Florida Department of Transportation (FDOT) and Collier County. The Paratransit System maintains a capital replacement schedule for vehicles recommended and scheduled for replacement by Fleet Management. The vehicle being replaced meets FT A vehicle end of useful life criteria, and is identified in the Vehicle Replacement Plan in the 2008 Transportation Disadvantaged Service Plan. This Paratransit vehicle will be purchased through the FDOT Vehicle Procurement Program using FY08-09 FT A 5311 ARRA grant money. Each year the Florida Vehicle Procurement Program has assisted transit agencies in purchasing transit vehicles in the most economic way possible. This procurement program is managed by the FDOT and administered by the Center for Urban Transportation Research (CUTR). SPECIAL CONSIDERATIONS: FDOT is the pass through entity acting on behalf of the Federal Transit Administration and is the responsible party to report directly to FTA regarding all ARRA funding reporting requirements. However, as identified on the Special Considerations Agenda Item No. 16B5 June 9, 2009 Page 2 of 39 attachment, the County is required to provide monthly status updates on each project, cost, activities completed, contracts let, and the number of jo bs created or sustained in a format yet to be determined by FDOT. FISCAL IMPACT: The American Recovery and Reinvestment Act (ARRA) is 100% funded and no match is required. Budget amendments will be necessary to recognize grant revenue and set up the appropriate grant expense appropriation within project #35065 fund 125, a newly created fund specific to ARRA appropriations. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of Commissioners accepts the grant award, executes the Joint Participation Agreement, approves the purchase of one (1) Paratransit vehicle and approve all necessary budget amendments. Prepared by: Y ousi Cardeso, Administrative Assistant, Alternative Transportation Modes Attachments: (1) Notice of Grant Award FY08-09 FT A 5311 ARRA; (2) Resolution; (3) Joint Participation Agreement; (4) Paratransit bus order packet (5) Special Considerations Related to the American Recovery and Reinvestment Act (ARRA) of 2009 - Federal Transit Administration (FTA) Section 5311 - CFDA 20.509 Page I of2 Agenda Item No. 16B5 June 9, 2009 Page 3 of 39 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B5 Recommendation to accept the FY08-09 grant award under the Federal Transit Administration (FTA) Section 5311 American Recovery and Reinvestment Act (ARRA) Program in the amount of $495,090.00 and to execute the Joint Participation Agreement (JPA) between Florida Department of Transportation (FDOT) and Collier County. (Paratransit vehicle. bus shelters, electronic fareboxes and related equipment) Meeting Date: 6/9/2009 9:00:00 AM Prepared By Yousi Cardeso Administrative Secretary Date Alternate Transportation Modes 5/22/20094:18:20 PM Approved By Gloria Herrera Management/Budget Analyst Date Transportation Services Stormwater Management 5/26/2009 1 :25 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 5/26/2009 2:38 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/27/200911:47 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 5/27/200912:45 PM Approved By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 5/27/20095:21 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 5/28/20098:11 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 5/28/2009 1 : 18 PM Approved By Pat Lehnhard Executive Secretary Date file://C:\AgendaTest\Export\ I 31-June%209, %202009\ 16.%20CONSENT%20AGENDA \ 16B... 6/3/2009 Page 2 of2 Agenda Item No. 16B5 June 9, 2009 Page 4 of 39 Transportation Services Transportation Services Admin 5/28/20092:08 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/29/2009 8:58 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/1/200912:49 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/1/20092:10 PM file://C:\AgendaTest\Export\131-June%209,%202009\ 16.%20CONSENT%20AGENDA \16B... 6/312009 ~--u.. -'. .. ~ : ..... '-"-~/ Agenda Item No. 1685 June 9, 2009 Page 5 of 39 Florida Deparl1llel'lt of Transportation UIA RUE CR1ST GOVERNOR 801 "OR'lU nROADWA \' AVENUE BARTOW. FLORll>A 33830 sn:l'HA\'IE c. KOPELOtsos SECRETAIH-' May 14,2009 Ms. Michelle Arnold, Director Collier Area Transit Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 RE: NOTICE OF VEHICLE GRANT AWARD DETERMINATION: FY 2008/2009 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROGRAM Dear Ms. Arnold: Congratulations! The Florida Department of Transportation, District One has selected Collier County Transit as a Fiscal Year 2008/2009 grant award recipient under the Federal Transit Administration Section 5311, "American Recovery and Reinvestment Act (ARRA) funds." This award is based on your agency's application. Collier County Transit will be receiving funds to purchase vehicles and non-vehicular capital items. The non-vehicular items will be funded through a Joint Participation Agreement (JPA) which the Department is drafting at this time, and which you will receive under separate cover. Attached is your Notice of Grant Award (NOGA) to purchase vehicles with American Recovery and Reinvestment Act (ARRA) funds. Please sign and return your NOGA to Ms. Jan Parham, Post Office Box 1249, Bartow, Florida 33830 as soon as possible. The ordering of vehicles under the Federal Transit Administration (FTA) 5311 ARRA program will be a little different than the normal Federal Transit Administration (FTA) Section 5310 process. For the FTA 5311 ARRA funded vehicles, all vehicles must be ordered from the Florida Transit Research Inspection and Procurement Services (TRIPS) program contracts. A list of current contracts by vehicle type is attached. These contracts and order forms can be found at www.tripsflorida.orq. After completing your order form, please forward your order packet to: Ms. Elizabeth Stutts, Grants Program Administrator Florida Department of Transportation 605 Suwannee Street, MS 26 Tallahassee, Florida 32399 Phone: (850)414-4530 Fax: (850)414-4508 Elizabeth.stutts@dot.state.fl.us www.dot.state.fI.us RECEIVED MAY 2 0 2009 Transporta tion ATM Dept. Agenda Item No. 16B5 June 9, 2009 Page 6 of 39 Ms. Michelle Arnold May 14, 2009 Page 2 All FTA Section 5311 ARRA awards are 100% federally funded. Please submit your order as soon as possible. Congress imposed strict obligation and spending timeframes on these funds. It is in everyone's best interest to spend the funds as quickly as possible. ARRA awards are based on estimated vehicle costs. There is a small amount of funds set aside to cover cost increases on the vehicles. Ms. Stutts will assist you in getting a vehicle order as close as possible to your award amount, while procuring a vehicle that best meets your agency's needs. Should you have any questions, please feel free to contact Ms. Julia B. Davis, AICP, the Department's project coordinator for transit matters in Collier County at 239-461-4300 or at Julia. Davis@dot.state.fl.us. ~IY't./Jt Ben Walker, P.E. District Intermodal Systems Planning Manager BGW/RPS/sbs Attachment cc: Phillip Tindall, Collier County Metropolitan Planning Organization Glama Carter, Collier County Alternative Transportation Modes Elizabeth Stutts, Florida Department of Transportation, Central Office Trinity Caudill-Scott, Florida Department of Transportation, District One Richard P. Shine, Florida Department of Transportation, District One Julia B. Davis, AICP, Florida Department of Transportation, District One NOTICE OF FTA SECTION 5311 - ARRA GRANT AWARD -- FY 2008/09 Agenda Item No. 1685 June 9, 2009 Page 7 of 39 Based on the Agency's Application for Federal Assistance under U.S.C. Section 5311-ARRA dated March 9, 2009, on file at the Florida Department of Transportation, District One, P. O. Box 1249, Bartow, Florida 33831-1249 offices, the Department hereby makes the following capital grant award for vehicles under the FT A Section 5311-ARRA Program to: Collier County Transit 2885 South Horseshoe Drive Naples, Florida 34104 Proiect Description Total Estimated ARRA Funding 426796-1-93-01 $80,000 23' Cutaway Bus FLORIDA DEPARTMENT OF TRANSPORTATION Date Award Approved by (Signature) Typed Name and Title Terry W. Beacham, Modal Development Administrator ACCEPTANCE OF GRANT AWARD (To be completed and signed by the recipient and returned to the FOOT District Office) The undersigned accepts the above-described award and: a. The Recipient reaffirms its assurances to FTA and FOOT as stated in Exhibits 8, and H of its application. b. The Recipient agrees to use and maintain the grant awarded equipment in accordance with the federal and state program requirements, and for the services described, in its approved application. c. The Recipient agrees to comply with all applicable civil rights statutes and implementing regulations. d. The Recipient agrees to contact the FOOT Contractor, Cindy Wooten, at the Center for Urban Transportation Research, Florida Transit Research Inspection and Procurement Services (TRI PS) at 813-974-9771 to arrange purchase of the above items. e. The Recipient requests purchase of the vehicles/equipment in July.. ''('virq (month/year) f. The Recipient agrees to submit the local matching funds when requested to do so. AGENCY: Collier County Bce (Name) .. Date Accepted by: (Signature) Typed Name and Title: Donna Fiala, Chairman A~vendor number as registered in My Florida Marketplace: F596000558004 DW'GHT E. BROCK, CLERK Atll.... to r.... a ..... ...11., BY: ~tr 02 W D.IL~ ~ "'UoneJ Agenda Item No. 1685 June 9, 2009 Page 8 of 39 ANNOUNCEMENT OF GRANT AWARD FOR VEHICLES AND NON-VEHICLES FY 2008/2009 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROGRAM Collier Coun Financial Management Capital Expense Pro'ect Numbe s 426772-1-94-01 Electronic fareboxes (includes IT package & Vault 4 $30,714.25 Total Cost 100% 426772-1-94-02 426772-1-94-03 426796-1~3-01 $122,857.00 $64.000.00 $128.233.00 $80,000.00 $100,000.00 i"""''''$,''g-~~i'''f':'2;lti,'-Y;'11fJ.''1:fS$'.' .~..~." ~';~;!"~J1ftJ:i'09"';riO'" :~~1~''r<~:''':-:?~)~~~~1re'':~~fJ'~~~~4(yj1.~ v'~~<~~,~<.~~~, '_""~ .~ Agenda Item No. 16B5 June 9, 2009 Page 9 of 39 RESOLUTION 2009- A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF A JOINT P ARTICIP ATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE THE DEPARTMENT'S PARTICIPATION, USING PASS-THROUGH GRANT FUNDS FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT'S FEDERAL TRANSIT ADMINISTRATION SECTION 5311 PROGRAM, IN THE COUNTY'S NON-VEHICULAR CAPITAL EXPENSES ASSOCIATED WITH THE PROVISION OF PUBLIC TRANSPORTATION SERVICES IN THE NON-URBANIZED AREAS OF THE COUNTY. WHEREAS, at the June 9, 2009, meeting of the Board of County Commissioners the Board approved the execution of a Joint Participation Agreement ("JP A") with the Florida Department of Transportation ("FDOT') to provide FDOT's participatio~ using pass-through grant funds from the American Recovery and Reinvestment Act Federal Transit Administration Section 5311 Program, in the County's non-vehicular capital expenses associated with the provision of public transportation services in the non-urbanized areas of the county, and authorized the Board of County Commissioners, through its Chairman, to enter into the JP A 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 authorization for the Chairman to execute the IP A; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On June 9, 2009, the Board of County Commissioners approved by majority vote the JP A Agreement and authorized its chairman, Donna Fiala, 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 9th day of June 2009. Agenda Item No. 1685 June 9, 2009 Page 10 of 39 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By Deputy Clerk By DONNA FIALA, CHAIRMAN Approved as to form ~ suffici~ct' If ;/?/f~l Scott R. Teach, Deputy County Attorney Agenda Item No. 16B5 June 9, 2009 Page 11 of 39 STATE OF FLORIDA DEPNlTMENT OF TRANSPOHTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 72~.OOO.OU PUDLlC TnM1SPOIH ;.lION 06IIl7 P:lQ<l1 01 g Financial Project No.: Fund: FSDU FLAIR Approp.: 088825 See Exhibit 8 Function: 680 FLAIR Obi.: 563022 (llerrHegmenl-phase-SeCllltlnce) Federal No.: 49USC5311 ARRA Org. Code: 55012020129 Contract No.: APl19 DUNS No.: 076997790 Vendor No.: F596000558004 CFDA Number: 20.509 CSFA Number. 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 12/31/2012 and this Agreement will expire unless a lime e)(tension 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 341.051 (1) (a) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, lhe parties agree as follows: 1.00 Purpose of Ag reement: The purpose of this Agreement is to provide the Department's participation, using pass-through grant funds from the American Recovery and Reinvestment Act (ARRA) Federal Transit Administration Section 5311 Program, in the Agency's non-vehicular capital expenses associated with the Agency's prOVision of public transportation services in the non-urbanized areas of the County(ies}, as identified in Exhibit B in this Agreement. 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. Agenda Item No. 1685 June 9, 2009 Page 12 of 39 725-03Q.05 PUBLIC TRANSPORTATION 06/07 Page 2 of 14 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 ofthe 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 "e" 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 "8" 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 $ See Exhibit 8 as detailed in Exhibit "8", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8", 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 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 0 is @ 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 0 is @ 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. Agenda Item No. 16B5 June 9,2009 Page 13 of 39 6.00 Project Budget and Payment Provisions: 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. 725-03(H)6 PUBLIC TRANSPORTATION 06107 Page 3 of 14 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 fin al 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 "0" attached hereto and by this reference made a part hereof this Agreement. Agenda Item No. 1685 June 9, 2009 Page 14 of 39 725.03Q.06 PUBliC TRANSPORTATION oom Page 4 0114 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. I n 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 OMS Circular A-133, as revised. Exhibit "0" 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 OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. I n 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 OMS Circular A-133. 3. I f 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 must be paid from resources obtained from other than Federal entities. 4. Fed eral awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: 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. I n 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 "0" 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. I n 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. I f 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 entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Agenda Item No. 16B5 June 9, 2009 Page 15 of 39 725.030-06 PUBLIC TRANSPORTATION 06107 Page 6 of 14 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 evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OM 8 Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OM 8 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 Modal Development Office! Public Transit, MS 1-39 801 North Broadway Avenue, Bartow, FL 33830 B. The number of copies required by Sections .320 (d)(1) and (2), OMS 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), OMS 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 OMS Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2) , OMS 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 Modal Development Officel PUQlic Transit, MS 1-39 801 North Broadway Avenue, Bartow, FL 33830 In addition, pursuant to Section .320 (f), OM8 Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OM8 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 Modal Development Officel Public Transit, MS 1-39 801 North Broadway Avenue, Bartow, FL 33830 Agenda Item No. 1685 June 9, 2009 Page 16 of 39 725-030-06 PUBLIC TRANSPORTATION 08107 Page 6 of 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 Modal Development Officel Public Transit, MS 1-39 801 North Broadway Avenue, Bartow, FL 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 III of thi s 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 Modal Development Officel Public Transit, MS 1-39 801 North Broadway Avenue, Bartow, FL 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 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. 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 shalf 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. 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 shalf 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. Agenda Item No. 16B5 June 9, 2009 Page 17 of 39 725-030-06 PUBLIC TRANSPORTATION 06107 Page 7 0114 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 , 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 112.061, F .5. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. 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: (a) (b) (c) 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 Conflict 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 Ag reement. 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." 8.30 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, 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. Agenda Item No. 16B5 June 9, 2009 Page 18 of 39 7250030-00 PUBLIC TRANSPORTATION D6JlJ7 Page 8 of 14 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 Sus pension 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 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. 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 th e 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 a nd 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. Agenda Item No. 16B5 June 9,2009 Page 19 of 39 725-030-06 PUBLIC TRANSPORTATION 08107 Page 9 of 14 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 and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: 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. 12.40 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. 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 payor 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 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. 13.30 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 housing on the basis of race, color, national origin, creed, sex, and age. 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. Agenda Item No. 16B5 June 9, 2009 Page 20 of 39 725.031}{)6 PUBliC TRANSPORTATION 06107 Page 100' 14 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. 13.60 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: 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 const~ued as a waiver by the Department of any breach of covenant or any default which may then exist. on the part ofthe 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. 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. Agenda Item No. 16B5 June 9, 2009 Page 21 of 39 725-03lHl6 PUBLIC TRANSPORTATION 06107 Page 11 of14 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 Equipme nt: 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 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 ofthe 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. 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 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 title 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. Agenda Item No. 16B5 June 9, 2009 Page 22 of 39 725-030-06 PUBLIC TRANSPORTATION 06J07 Pege 12 ct 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term tor 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 tor 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 betore 12/31/2012 . 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. Invoices submitted after the 120 day time period will not be paid. 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. 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 M ember 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 subrecipients 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. Agenda Item No. 1685 June 9, 2009 Page 23 of 39 "- 725-030-00 PUllL1C TRANSI'ORl ATtON 06/07 Page 13 cJ 14 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(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 b~ experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413.5516 or by calling the Department of Financial Services Hotline, 877.693-5236. 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 ofthe 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. 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. Agenda Item No. 1685 June 9, 2009 Page 24 of 39 725-03Q.06 PUBliC TRANSPORTATION 06107 Page 14 c1.14 Financial Project No. See Exhibit 8 Contract No. API19 Agreement Date 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 See attached Encumbrance Form for date of Funding Approval by Comptroller Donna Fiala SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION Chairman TITLE Director of Transportation Development TITLE ATTEST DWIGHT E. BROCK, CLERK BY: ~;RL7' o.,.ty Couty Attoney Agenda Item No. 16B5 June 9, 2009 Page 25 of 39 Collier County, Collier Area Transit Financial Management Project Number(s): 426772-1-94-01; -02; -03; and -04. Contract Number:API 1 9 Federal Transit Administration (FTA) Section 5311 ARRA funds EXHIBIT" A" (FTA Section 5311 ARRA) American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5) and Section 341.051(1)(a) Florida Statutes 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 the Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112, dated referenced by the above Financial Project Number(s). PROJECT LOCATION: Collier County, Florida PROJECT DESCRlPTION: The purpose of this Agreement is to provide for the Department's participation, using pass-through funds from the Federal Transit Administration (FTA) Section 5311 ARRA Program, in the Agency's non-vehicular capital expenses associated with the Agency's provision of public transportation services in the non-urbanized areas of Collier County, as identified in the Agency's grant application on file with the Department and itemized by Financial Management Project Number in Exhibit B. Each of these aforementioned activities is funded herein with Fiscal Year 2009 Federal ARRA funds according to the allocation of funds referenced in Exhibit B herein. Regarding Section 1.00, "Purpose of Agreement" and Exhibit A, "Project Description and Responsibilities" in this Agreement: The Department recognizes and concurs with the Agency providing public transportation service(s) beyond the County boundaries of the County in which the Agency is located, as may be necessary for public necessity and convenience, and consistent with the coordinated public transportation provisions of Chapter 427, Florida Statutes. This Agreement SUppolts the Agency's rural public transpOltation services consistent .with the Federal Transit Administration Section 531] Program. 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: See Exhibit C. Exhibit A, Page 1 Agenda Item No. 1685 June 9, 2009 Page 26 of 39 Collier County, Collier Area Transit Financia] Management Project Number(s): 426772-1-94-01; -02; -03; and -04. Contract Number: API 19 Federal Transit Administration (FT A) Section 5311 ARRA funds EXHIBIT liB" PROJECT BUDGET (FTA Section 5311 ARRA) American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 1] 1-5) and Section 341.051 (1 )(a) Florida Statutes This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Board of County Commissioners. 3301 East Tamiami TraiL Naples. Florida 34112. dated , referenced by the above Financial Project Number(s). I. PROJECT COST: $415,090.00 TOTAL PROJECT COST: $415,090.00 II. PARTICIPATION: Financial Total Cost Management Project Capital Expense Number(s) 100% 426772-1-94-01 Electronic fareboxes (includes IT package & Vault) 4 ((i($30,714.25 $122,857.00 426772-1-94-02 A VL 4:li? $16,000.00 $64.000.00 426772-1-94-03 Bus Shelters (6) (Q), $2].372.33 each $]28.233.00 426772-1-94-04 mobility management $100.000.00 ....<~ ,.,?}",~'.:. '>...."...>..ir.~..t., .,' L~~'-'.j'i"'(.' ~.;~J~:(;~,$415,090.00t FY 2009 - FTA 5311 ARRA Federal Grant Number- FL-86-XOOl FSDU 000%) TOTAL PROJECT COST $415,090.00 ITL MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING nla Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Exhibit B, Page 1 Agenda Item No. 16B5 June 9, 2009 Page 27 of 39 Collier County, Collier Area Transit Financial Management Project NumbeI(s): 426772-1-94-01; -02; -03; and -04. Contract Number: AE.I.1..9 Federal Transit Administration (FT A) Section 5311 ARRA funds EXHIBIT "e" (FTA Section 5311 ARRA) American Recovery and Reinvestment Act (ARRA) of2009 (public Law 111-5) and Section 341.051 (1 )(a) Florida Statutes PROJECT DESCRIPTION AND RESPONSmILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Collier County Board of County Commissioners, 3301 East Tamiami Trail. Naples, Florida 34112, dated , referenced by the above Financial Project Number(s). This Agreement is in conformance with the American Recovery and Reinvestment Act (ARRA) of 2009 (p.L. 111-5) and Section 341.051 (1)(a) Florida Statutes. The Section 5311 ARRA subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655. The Section 5311 ARRA subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 ARRA subrecipient shall at all times comply with all applicable FT A regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FT A, 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 5311 ARRA 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 5311 ARRA subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FT A 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. Exhibit C, page I Agenda Item No. 1685 June 9, 2009 Page 28 of 39 Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section 5311 ARRA subrecipient ofFTA 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 5311 ARRA subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR Part 661, ifusing the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre-award and post delivery requirements outlined in 49 CFR 661.12. The Section 5311 ARRA 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 5311 ARRA 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 5311 ARRA 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 5311 ARRA 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 CFRPart 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The 5311 ARRA 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 5311 ARRA subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act codified at 40 U.S.C. 3701. The 5311 ARRA sub recipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U.S.C. 5311 and 29 CFR Part 215. The 5311 ARRA subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FDOT requests which would cause the 5311 subrecipient to be in violation of the FT A terms and conditions. Exhibit C, page 2 Agenda Item No. 16B5 June 9, 2009 Page 29 of 39 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 Ru1e 14-90 and has performed annual safety inspections of all buses operated. The 5311 ARRA subrecipient agrees to report to the Department the following information on a monthly basis for the duration of the project: . Detailed project description and cost; . Detailed list of project activities completed to date and the costs associated with those activities; . Number, description and status of subcontracts associated with project, and . Number of direct, on-project jobs created or sustained, and to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries. Exhibit C, page 3 EXHIBIT 0 FTA 5311- ARRA Agenda Item No. 1685 June 9, 2009 Page 30 of ~ao30-06 PUBLIC TRANSPORTATION 04/0El Collier County, Collier Area Transit Financial Management Project Number(s): 426772-1-94-01; -02; -03; and -04 Contract Number: AP 11 9 Federal Transit Administration eFT A) Section 5311 ARRA funds 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: · (e.g., What services or purposes the resources must be used for) · (e.g., Eligibility requirements for recipients of the resources) · (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal AQencv FTA Cataloo of Federal Domestic Assistance (Number & Title) 5311-ARRA 20.509' Amount $415,090.00 Compliance Requirements 1. See Exhibit A 2. See Exhibit B 3. See Exhibit C Matchina Resources for Federal Proqrams No Match required for ARRA Federal Aqency CataloQ of Federal Domestic Assistance (Number & Title) Amount o NOTE: Section .400(d) of OMS 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 EXHIBIT 0 FTA 5311-ARRA Agenda Item No. 16B5 June 9. 2009 Page 31 ofJ~ PUBLIC TRANSPORTA nON D410ll Exhibit D, Page 1 Davis, Julia Agenda Item No. 1685 June 9, 2009 Page 32 of 39 From: Sent: To: Subject: The job FI989DKR Tuesday, May 19, 2009 12:44 PM Davis, Julia FUNDS APPROVAL/REVIEWED FOR CONTRACT API19 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract ffAPI19 Contract Type: AH Method of Procurement: G Vendor Name: COLLIER COUNTY B Vendor ID: VF5968ee558884 Beginning date of this Agmt: e6/81/89 Ending date of this Agmt: 12/31/12 Contract Total/Budgetary Ceiling: ct = $415.898.80 *.**********.*********************************************************** Description: FTA 5311 American Recovery and Reinvestment Act ARRA capital funds ************************************************************************ ORG-CODE *EO .OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT 10 *SEQ. *USER ASSIGNED 10 *ENC LINE(6S)/STATUS ************************************************************************ Action: ORIGINAL 55 812828129 *PT 2809 Oe81 Funds have been: APPROVED *563822 · *5518e188 *a8 * 122857.80 *42677219481 *088825/89 *8881/64 *688 *28.509 Action: ORIGINAL ------------------------------------------------------------------------ Funds have been: APPROVED 55 81282e129 .PT 21309 Oee1 *563022 * *5510e180 *81 · 64e88.ee *42677219462 *888825/89 "'e082/84 *688 *28.589 Action: ORIGINAL ------------------------------------------------------------------------ Funds have been: APPROVED S5 812828129 "'PT 28El9 0881 *563822 '* "'5S1881ee '*82 * 128233.813 *42677219483 "'888825/69 *ee03/G4 "'68e *28.5e9 Action: ORIGINAL ------------------------------------------------------------------------ Funds have been: APPROVED 55 612820129 *PT 2889 Oee1 *563822 '" "'5518elee *e3 "' leeaee.ae *42677219484 *888825/89 *8864/84 *689 *28.589 ------------------------------------------------------------------------ TOTAL AMOUNT: .$ 415.898.8e * oq 0\' 6'\ ryC\ O'} Jf 1/ ~\ \ \ \ ^ \~ \ ~t~ (6 \" ~\ 6 Agenda Item No. 16B5 June 9, 2009 Page 33 of 39 FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 85/19/2ee9 2 ~ C\.I0 S,,\ )~ ~ ~ '} \.,\ {/'fl 1/ fJ'" cJ~lQ "PC~ \ "':/ b Florida Department of Transportation Public Transit Office Agenda Item No. 16B5 June 9, 2009 Page 34 of 39 Order Packet ORDER FORM - PAGE ONE CONTRACT#FVPP~~SC~P ORDER FORM FOR 22' CHAMPION SMALL CUT AWA YS ON CHEVROLET/GMC 610 CC3500 GVWR CHASSIS WITH 12,300# GVWR TRANSIT PLUS, INC. AGENCY NAME: Cu\\\e..v CG\ir~ DATE: PURCHASE ORDER NUMBER: CONTACT PERSON: C'?~ma rar--+e.v- Ct-?'~ '252-593:;). CbIClI"YlClCA~.-eCbl\i~ ( arne, Telephone Number and Email Address) March 2009 Item Unit Cost Quantity Total Cost Base Vehicle Type ChevroletlGMC CC3500 22' 3" lenqth $57,627 , 51. (.11 / Paint Scheme Choices Scheme #1 $400 Scheme #2 $400 Scheme #3 $400 \ L-J{;O f>{ I l.~ p, C :\\-Lt v, ~t " ,1\ -+ It. r~ ~\ C1"-' 0,; I !J ~J L : ~ '2C'(' . (; rv 'C~ c Floor Plan Choices 1 , j Freedman Seats (Standard) Standard Seat (per person) $280 8 2.) '-/ ( Flip-up Seat (per Derson) $345 I Foldaway Seat (oer person) $450 Children's SeatrPer person) $525 I I Securement Systems Q'Straint QRTMAX securement (per position) $550 /-'1 \. \ DC ,-J.... Sure-Lok securement (per position) $630 Seat belt extensions (2-sets standard) $10 " ';:.:zc ,--'-, Stretcher securement system storage included $1200 I Side Wheelchair Lift Choices (JJick one) I Braun $2,950 \ ') Gj', , '}, Maxon $2,950 Ricon $2,950 PAGE ONE SUB-TOTAL ---- ---- I '~ -- {; ,,~57 FVPP-08-SC- TP - 9 - February 2008 Florida Department of Transportation Public Transit Office Agenda Item No. 16B5 June 9, 2009 Page 35 of 39 Order Packet -'- ORDER FORM - PAGE TWO CONTRACT # FVPP-OB-SC-TP-1 ORDER FORM FOR 22' CHAMPION SMALL CUT AWA YS ON CHEVROLET/GMC 610 CC3500 GVWR CHASSIS WITH 12,300#GVWR TRANSIT PLUS, INC. March 2009 Item Unit Cost Quantity Total Cost Other Available Options Aluminum Wheels (complete set) $2,750 Stainless Steel Wheel Inserts $235 Altro Transfloor Floorinq $580 6.6L V-8 diesel enqine $7,800 \ I 91.'C Driver safety partition $100 Freedman CL 67 Driver's Seat $1,100 Freedman Sport Driver's Seat $475 Public Address System $275 Entertainment Center (am/fm/cd radio standard) $175 Alternative vehicle exterior body style $1,200 Hawkeye Reverse Detection System $395 Amerex Fire Suppression System (JoMar standard) No Charae Tacholink Event Data Recorder (standard) Operator Interface Operator "Smart Taq" button (1 per driver) $40 Button reader (1 per depot) $120 Data Download Interface Digital Smart Module (1 per depot) $170 DSM Reader (1 per depot) $75 RF Vehicle Interface (1 per bus) $360 RF Base Station receiver (1 per depot) $570 Bus Location & Mapping Historic GPS receiver (1 per bus) $440 Mappinq software & maps (1 per depot) $1000 ~- I v U (;~CC(,~ ~ Lc ""'\ ~. ~ LAJ..,J )'0 I ?3c -:; (' C\ ~~ {'CA. {) i----- ' I 3'1 ,:.+~~ ::. 4C c) / "Il./cc l (~) I "pj,-\6 kJ,L 70 i , >'c CV\ 1 PAGE TWO SUB-TOTAL ---- -..-- \ {')(:-. [1 /- ~ . r ' . I ~, 'I f~ f-\ I~ e..~ Lt: \) ~"o. (I J L d v'-' 1,1 "\. s-f,cp FVPP-08-SC- TP - 10 - February 2008 Florida Department of Transportation Public Transit Office Agenda Item No. 1685 June 9, 2009 Page 36 of 39 Order Packet Item Unit Cost Quantity Total Cost PAGE TWO SUB-TOTAL t 0,3& V (sub-total of second page) ---- ---- PAGE ONE SUB-TOTAL t 1/;37 (carry forward from previous page) ---- .--- GRAND TOTAL 7~ I ~q7 (sum of page 1 and 2 sub-totals) ---- ---- FVPP-08-SC- TP - 11 February 2008 Florida Department of Transportation Public Transit Office Agenda Item No. 16B5 June 9, 2009 Page 37 of 39 Order Pocket CHOICES FORM CONTRACT # FVPP-08-SC- TP ORDER FORM FOR 22' CHAMPION SMALL CUTAWAYS ON CHEVROLET/GMC CC3500 GVWR CHASSIS WITH 12,300# GVWR TRANSIT PLUS, INC. SEATING AND FLOORING CHOICES Seating Colors: (circle one) Blue ~ay) Beige Flooring Colors: (circle one) Blue Gray Beige ~ Paint Scheme: (circle one) #1 #2 #3 O~ Cj(~i'.v).wh ;f.:z.. It:wd [.old Paint Schemes Note: Agencies will select colors (2) for background and stripes when orders are I placed. All paint, or reflective material scheme pricing, shall reflect white base coat. If an agency requires a paint and lettering scheme that is NOT GENERALLY covered by one of those listed above, they may make separate arrangements either with the manufacturer or a local vendor to provide these services. Upholstery Information-Vinyl Colors Available: Blue Vinyl Combo: Center insert of seat to be Blue/Gray Print GMt part # VP-MEDLI- KEAZU, outside wrap and back of seat to be Blue solid CMI part # VP-MEDLI-TRAZU. Gray Vinyl Combo: Center insert of seat to be Blue/Gray Print CMt part # VP-MEDLI- KEAZU, outside wrap and back of seat to be Gray solid CMt part # VP-MEDLI-TRGRY. Beige Vinyl Combo: Center insert of seat to be Beige Print CMt part # VP-MEDLI-KEVER, outside wrap and back of seat to be Beige solid CMI part # VP-MEDLI-DOSNB. WHEELCHAIR LIFT CHOICE Wheelchair Lift: (circle one) ~ Rican Maxon SECUREMENT RETRACTOR CHOICE W/C Securement: (circle one) Sure-Lok <-qjt~ FVPP-08-SC- TP - 12 - February 2008 Florida Department of Transportation Public Transit Office Agenda Item No. 1685 June 9, 2009 Page 38 of 39 Order Pac kef EVENT DATA RECORDER CHANNEL SYSTEMS SELECTION As detailed in Section 2.45 of the Technical Specifications, an event data recorder (EOR), Circuitlink International "Tacholink", (or approved equal) will be mounted on each vehicle. The EDR will provide a continuous log of vehicle activity. Speed history, odometer, excessive RPM, heavy braking, fast acceleration, and idling exceptions will automatically be recorded by exception. In the event of an accident, all data shall be permanently captured in "tamperproof' flash memory (4MB minimum) for a minimum of (30) seconds prior to the incident and (15) seconds after the incident at a minimum interval of 25 milliseconds. The EDR will provide an automatic trigger function with different user definable thresholds for moving and stationary conditions. A manual driver alert button will be provided to allow driver "tagging" of either an accident or vehicle fault condition shall be located behind upper bulkhead and must be accessible through a latching door. All software for user configuration, data logging, and downloading and report generation will be included. All software will be Windows-based. Trip data will be stored in Microsoft Access database. All data will be the property of Florida DOT and will be immediately available to Florida DOT. There will be no additional charges, for hardware and/or software services or annual fees will be incurred by Florida DOT or any operator. Additional digital input channels will be provided to allow for status monitoring of a maximum of eight (8) vehicle sub-systems. Standard systems that will be monitored shall be: brakes, lights, signals, flashers, driver's seat belt, wheelchair lift, engine temperature and front door. Each agency may substitute any of the standard systems detailed above with any of the following optional systems: oil pressure, low air pressure, low voltage, or emergency exit door. The limit of the total systems to be monitored is eight (8). Below, please indicate the eiaht (8) vehicle sub-systems to be monitored on this vehicle. If no selection made, the standard systems will be programmed. For each of the optional systems you select, you must not include one of the standard system selections. A limit of eight (8) total systems per bus can be monitored. Select Eight Systems To Be Monitored (Maximum of Eight (8)) ----~-_.-._---------- ~~NDARD ~~~~~ OPTIONAL SYSTEMS y. 1. Brakes I 9. Oil Pressure v 2. Lights I 10. Low Air Pressure 'X 3, Signals 11. Low Voltage v 4. Flashers 12. Emergency Door Exit y 5. Driver's Seat Belt i: 6. Wheelchair Lift y 7. Engine Temperature 'y' 8. Front Door I FVPP-08-SC- TP - 13 February 2008 Agenda Item No. 16B5 June 9, 2009 Page 39 of 39 Special Considerations Related to the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit Administration (FTA) Section 5311 CFDA 20.509 Since the source of funds for this program is the American Recovery and Reinvestment Act (ARRA), additional considerations may be necessary to ensure the use of funds properly implements the purpose of the Act. Generally, grantees are required to ensure that public funds are expended responsibly and in a transparent manner to further the job creation, economic recovery, and other purposes of the Recovery Act. The following table identifies the general requirements, induding reporting requirements and an indication of how each requirement will be met. The ARRA requirements will generally be the responsibility()f the Florida Department of Transportation as the pass through entity from which Collier County is receiving this grant. The only requirements of Collier County related to the ARRA are specific to special reporting as identified below. Consideration Compliance Requirement S ecific 5311 ARRA Considerations Collier County Preparations and Ability to Maintain Com liance The Alternative Transportation Modes (ATM) Department is prepared to meet the applicable monthly reporting requirements for the projects being executed with Section 5311 funds. Reporting (above and beyond regular grant reporting) The 5311 ARRA Subrecipient agrees to report to the Department the following information on a monthly basis for the duration of the project: . Detailed project description and cost; . Detailed list of project activities completed to date and the costs associated with those activities; . Number, description and status of subcontracts associated with project, and . Number of direct, on-project jobs created or sustained, and to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries.