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Agenda 12/16/2008 Item #16B 1 Agenda Item No, 16B1 December 16, 2008 Page 1 of 32 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing an additional $404,634.00 in State Public Transit Block Grant funding for Fiscal Year 2008/2009. OBJECTIVE: Request that the Board of County Commissioners approve a Budget Amendment recognizing an additional $404,634,00 in State Public Transit Block Grant funding for Fiscal Year 2008/2009. CONSIDERATIONS: On March 7, 2008, Florida Department of Transportation (FOOT) executed a multi-year Joint Participation Agreement (JPA) Contract Number AOW93 with the Board of County Commissioners. This agreement was for State Public Transit Block Grant funding. Collier County applies this grant funding towards the operating costs of Collier Area Transit. The Original Contract AOW93 was executed on March 7, 2008 for a FY2007/2008 allocation in the amount of $402,232.00 State Public Transit Block Grant funds with a local match in the amount of $402,232.00. Collier County staff has received notification from FOOT of additional funding for Contract Number AOW93 in the amount of $404,634.00 for FY2008/2009. The required 50% match of local funds is in the operating budget for FY2008/2009. FISCAL IMPACT: A budget amcndment is required to recognize an additional $404,634.00 of State Public Transit Block Grant funding. LEGAL CONSIDERA nONS: This item has been rcviewed and approved by the County Attorney's Office, is not quasi-judicial, requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.- SRT GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners approve a budget amendment recognizing $404,634.00 in additional State Public Transit Block Grant funding and approve the Notification of Additional Funding and authorize the Chairman to execute the Notification of Additional Funding. Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Attachments: (I) Notification of Additional Funding for FM #: 410139-1-84-01; (2) JPA AOW93 ,- Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item No, 1681 December 16, 2008 Page 2 of 32 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16B1 Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing an additional $404,634.00 in State Public Transit Block Grant funding for Fiscal Year 2008/2009. 12/16/20089:0000 AM Prepared By Sue Faulkner Transportation Services Principal Planner Alternative Transportation Modes Date 11/22/20085:32:08 PM Approved By Brian Hancock Transportation Division Operations Support Manager Transportation Administration Date 11/26/200811:49 AM Date Approved By Therese Stanley Transportation Grants Coordinator Transportation Administration 11126120081:14 PM Approved By Barbara LaPierre Transportation Services ManagementlBudget Analyst Traffic Operations Date Approvl'd By 12/1/20081:11 PM Michelle Edwards Arnold Transportation Services Alternative Transportation Modes Director Date Alternative Transportation Modes 1211/20082:28 PM Approved By Scott R. Teach County Attorney Assistant County Attorney County Attorney Office Date Approved By 1212/2008 7:37 AM Norm E. Feder, Alep Transportation Services Transportation Division Administrator Transportation Services Admin. Date 12/2/200810:28 AM Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin Date 12/2/2008 1 :03 PM Approved By OMS Coordinator Administrative Services Applications Analyst Information Technology Date 12/2120083:47 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 12/3/20089:14 AM Approved By James V. Mudd County Manager Date file:! /C:\AgendaTest\Export\ 118-December%20 16,%202008\ 16. %20CONSENT%20AG E... 12/1 Of2008 Board of County Commissioners Page 2 of2 Agenda Item No, 16B 1 December 16, 2008 Page 3 of 32 County Manager's Office 12/7/20087:51 PM file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ 16.%20CONSENT%20AGE... 12/10/2008 ~\\ Agenda Item No, 16B1 December 16, 2008 Page 4 of 32 CHARI.IE CRIST GOVERNOR Florida Department of Transportation STEPHANIE c. KOPELOllSOS SECRETARY October 29, 2008 Michelle Arnold, Director Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 RE: FISCAL YEAR 2008/2009 STATE PUBLIC TRANSIT BLOCK GRANT FUNDING CONTRACT No: AOW93 FM No: 410139-1-84-01 NOTIFICATION OF ADDITIONAL FUNDING Dear Ms, Arnold: Your agency has complied with all of the program requirements necessary to qualify for receipt of the annual allocation of State Public Transit Block Grant funding. As you may recall, the Department executed a multi-year Joint Participation Agreement (JPA) with Collier Area Transit for the State Public Transit Block Grant program on November 7, 2007. The FY 2008f2009 allocation for Collier Area Transit is $404,634.00 in state funds, I have attached a Multi-Year JPA Notification of Additional Funding form, I have also attached a copy of the Department's approved encumbrance form for this project. These forms contain the formula allocation your agency is receiving for this fiscal year. The Multi-Year JPA Notification of Additional Funding form has a space for a required signature from an agency representative. The form is then to be returned to this office for further processing. Should you have any questions, please feel free to contact Ms. Julia B. Davis, AICP, Transit Projects Coordinator, at (239) 4614300 or via e-mail at Julia, Davis@dot.state.f1,us, Sincerely, ~ Terry W, Beacham Modal Development Administrator lWB:JBD:sbs Attachments 3 cc: Richard Shine, Transit Programs Administrator, FDOT Julia B, Davis, AICP, Transit Projects Coordinator, FDOT District One. Intennodal Systems Development Office 801 North Broadway Avenue'" Post Office Box 1249 '" Bartow, FL 33831-1249 (863)519.2388* (863)534-7172 (Fax) * MS 1-39 Agenda Item No, 1681 December 16, 2008 Page 5 of 32 f;08Z/i7t/e:r : 3.1-'\10 (:Fi"jlOrJ.d~+:D (~;L' 'J;\O~I';'N ':<;' 0.lLiCid UO:l G~:'1;:Ir'.3~/G;Y,Q}Jdd1 50Nnj - - - . - " - ~ . ~ . . . - - - - . . . . . ~ - - - ~ - - - - - - - - . - - - . - - - - ~ - ~ - . - ~ - ~ - - - - ~ ~ ~ . '. r,c ':"-'(9 !;;':';" :"~ : H~nm'N ";\:101 . - . . - ~ . -. . - . - - .' . . .. ~ - . . . - - . - . - - - ~ . ~ -. . t'G/;:3G8+" ~~;l~/t'"/ L8~;(~, -~ e ., \:.'()." LG,Y. c:orl?,\~rtss-,. 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'\ ,""-/ J,-., i ,,J, f : , .{,...~'-" ... ~ - , E!lnr 'S!^"O Agenda Item NoP~1 of 1 December 16, 2008 Page 6 of 32 FaulknerSue :rom: Davis, Julia [Julia,Davis@dol.state.f1,usJ Thursday, November 13, 20082:52 PM FaulknerSue Sent: To: Cc: Shine, Richard; Beacham, Terry subject: Contract Start Date: March 7, 2008 on Collie~s State Public Transit Block Grant FM# 41 0139-1-84-01 totaling $404,634,00 for FY 2008-09 Importance: High Dear Sue, Thank you for calling me regarding the letter you received dated October 29,2008 regarding your Notification of Additional Funding on Coilier's State Public Transit Block Grant FM# 410139-1-84-01 totaling $404,634.00 for FY 2008-09. You are correct, the date the Block Grant contract started was not November 7,2007 (as contained in my letter,) but March 7,2008, The contract start date is also noted on the Funds Approval memo, Please accept this e-mail as a correction to the letter. If you need additional information, please let me know. Sincerely, Julia Julia B. Davis, AICP, Transit Projects Coordinator Florida Department of Transportation, District One Modal Development OfficefPublic Transit. - uthwest Area Office; P. 0, Box 1030; Fort Myers, FL 33902-1030 -,9) 461-4300, phone. (239) 338-2353, fax, i!!!i a ,c:I avislaldot ,.state, fl. us JIi Before printing this e-mail.think: "is this print necessary?" 11/13/2008 Agenda Item No, 1681 December 16, 2008 Page 7 of 32 FY 2008-09 MULTI-YEAR JOINT PARTlCIPA TlON AGREEMENT NOTIFICATION OF ADDITIONAL FUNDING In accordance with the terms of the Joint Participation Agreement between Collier Countv Board of Countv Commissioners (Agency) 2885 South Horseshoe Drive: Naples, Florida 34104 and the Department State Puhlic Transit Block Grant (Program or Project Type) identified by project numher AOW93 / 4] 0139-1-84-01 (Contract # and/or Project #) the Department has encumbered $ 404,634,00 ($ Amount) as a supplemental amount for use beginning upon the Department's receipt of this a!,'Teement signed by the Agency, DEPARTMENT REPRESENTATIVE AGENCY REPRESENT A TIVE Terry W, Beacham Name Typed or Printed Tom Henning, Chainnan Name Typed or Printed Signature Signature Date Date A'l"I'BST DWl&B1' B. BROCK, CLERK BY: ~y1r~C' BI....,. Collllty AttonIeJ Davis, Julia ~~ ~- Agenda Item No, 1681 December 16, 2008 Page 8 of 32 AoY\JC(3 fr'om: Sent: To; Sul)ject: The job FI989NDR Tuesday, October 14, 2008 2:45 PM Davis, Julia FUNDS APPROVALfREVIEI/VED FOR CONTRACT AOW93 ST"'TE OF FLOIUD'" DEP"'RH,ENT OF TR"'NSPORT"'TION FUNDS APpgOVAL Contract #"'OW93 Contract Type: AH Method of Procurement: G vendor Name; COLLIER COUNTY a Vendor ID: VFS966e6SS8ee4 Beginning date of this Agmt: 63/67/68 Ending date of this Agmt: 16/31/12 Contract Total/Budgetary Ceiling: ct = 5866,866,86 '~*...'J...~~.*..a~~**.~'~~~~....~...#.~~*~'..-~..-..*_..*...~...-~~*.-* Description: 41613918461 ; .~.***..*.**.****.**.*..***.**~*.*.*~.*..**~.*...***..*.**.*.*.*.6..*... ORG-COOE 'ED (FISCAL YEAR) AI.iENQt.iENT 10 'OBJECT 'AMOUNT 'BUDGET ENTITY 'SEQ. 'USER ASSIGNEO 'FIN PROJECT 'FCT 'CFDA 'CATEGORY/CAT YEAR ID 'ENC LINE(6S)/STATUS . . . . .. .~ ,. _. ~ .. . ~ _, '" . , . . ~ . ~ , .<< . . .. _. .;. . ~ ._, .. ;, . . . '. . _. . . . _. . . . . , ; , .~ . _. " _, , . , ... .-. . _, . .- ~ .. .. ., . 4 Action: SUPPLEMENTAL 55 612626129 'PT 2089 5081 Funds have been: APPROVED *758010 ' *55106100 '8e ' 404634,013 *41613918401 '888774/89 01 '0302/04 '215 . ------------------------------------------~-----------.----------------- '$ 404,634.80 . TOTAL AMOUNT: ----------------------------_._--------------------~----.--------------- fUNDS APPROVED/REVIEvJED fOR ROBIN ^1. NAITOVE, CPA, COI.1PTROLLER DATE: 16/14/2088 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT Agenda Item No, 1;6810-05 DecEm1ll1>t!lIT~.@ilOO-loN Page 9 nf 3\16107 P"age :rOj 14 Financial Project No,: Fund: 010 FLAIR Approp.: 066774 41013916401 Function: 660 FLAIR Obj,: 750010 { Item-segment -pllase-seq uence) Federal No,: N/A Org, Code: 55012020129 Contract No.: AOW93 DUNS No.: 076997790 Vendor No,: F 596000558004 CFDA Number: CSFA Number: 55010 THIS AGREEMENT, made and entered into this 7tb day of WruA"J. ,~ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 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 09f30/20 12 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, 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, 1~O'06 DeceAll.TWisoott8noN Page 10 of 3';00107 "Page'Iof14 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 reiating 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 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 B as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project 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 eligibie 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 totai 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. 6.00 Project Budget and Payment Provisions: Agenda Item No, 1~rl30-Q6 DecelliiillM 11<t\;s<lOO&TlON Page 11 of 3~I07 Page3of14 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 guidelinesfprocedures 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 collectiveiy 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 seNices 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 proceduresfprocesses 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. Agenda Item No, 16&1,,0,06 DecemOOl:: j...~iilOOflmoN Page 12 Of 32 061117 ~age~of 1-4 7,61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circuiar 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 OMB 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 additionai 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 FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Par! I Federally Funded: If the Agency is a state, iocai 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 detenmining 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 shouid 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 1, 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, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Par! 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 iess 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, 16:8.030-06 Deceill'iJ!le~ ~N'l!'g@3T1ON Page 13 qf,,jl~':'~: 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 Departmen~ 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 OMS 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), OMS 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 IPublic Transit, MS 1-39 801 North 8roadway 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 (I), OM8 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 Office Modal Development IPublic Transit, MS 1-39 801 North Broadway Avenue; Bartow, FL 33830 In addition, pursuant to Section ,320 (I), OMS 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 IPublic Transit, MS 1-39 801 North Broadway Avenue; Bartow, FL 33830 Agenda Item No, t6t?o~o-o. Dec~~p~loN Page 14 nf ~-jI6107 l"ag~t-of14 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 Development IPublic Transit, MS 1-39 801 North Broadway Avenue: Bartow, FL 33830 B, The Auditor Generai'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 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 af Transportation, District One Headquarters Office Modal Development IPublic 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 OMS 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 reportabie 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, 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 faciiities 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. 7ril!8l10-G6 Dec~r~s~~oN , 07 Page 15..1, '" 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 Modal Development Office, MS 1-39; 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,S, The Department may establish rates lower than the maximum provided in Chapter 112.061, F,S, 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property, (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may appiy 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 it 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 haying been advised by the Department that same are approved; or 8.24 Conflict of Interests: There has been any violation of the confiict of interest provisions contained herein; 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," 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 It~m~ ~~"'.()6 Decel'HU-~'t 's bTION I, Cb6l07 Page 16 ",.,.lIof 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 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 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 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, Agenda Item No, 16J;H Dece~1C t~~~~~~ Page 17 of 3206107 Page9of14 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, shali have the maximum opportunity to participate in the performance of contracts financed in whoie 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 reasonabie 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 transfe~ 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 Tille 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 1954 (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 1958, 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, 11'J?;!,o.06 DeCellillil-'itr~si!ooaTloN Page 18 of 3206/07 POIge 100f14 13,50 Prohibited Interests: The Agency shall not enter into a cDntract or arrangement in cDnnection 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 emplDyee or the officer's, directDr's or empioyee's spouse or child is an Dfficer, partner, director, or proprietDr Dr in which such Dfficer, director Dr employee or the office~s, directo~s or employee's spDuse 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 tDtal assets or capital stock of any business entity, The Agency shall nDt enter into any cDntract Dr 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 whD at any time during the immediately preceding two years was an officer, directDr or employee of the Agency, The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositDries, any agreement for utility services the rates for which are fixed or controlled by the gDvernment, or any agreement between the Agency and an agency of slate government. 13.60 Interest of Members of, or Delegates to, Congress: ND member Dr delegate to the Congress of the United States shall be admitted to any share or part Df the Agreement or any benefit arising therefrom, 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: ExecutiDn of this Joint Participation Agreement cDnstitutes a certification by the Agency that the project will be carried out in conformance with all applicable envirDnmental regulatiDns including the securing of any applicable permits, The Agency will be sDlely responsible for any liability in the event of non-compliance with applicable environmental regulatiDns, 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 nDt be obligated or liable hereunder tD 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 Df covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available tD the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provisiDn of this Agreement is held invalid, the remainder of this Agreement shall not be affected, In such an instance the remainder would then cDntinue 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 Df obtaining an apprDval of Its applicatiDn for the financing hereunder, 14,60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfDrce compliance with any provision thereof, perform any other act or do any other thing in cDntraventiDn of any applicable State law: Provided, that if any Df the provisions of the Agreement violate any applicable State iaw, the Agency will at once notify the Department in writing in order that apprDpriate changes and modificatiDns 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, 1,6$b10-06 Dec<f'mJbQ~Rl'll~P.OOWloN Page 19p1J,1. ~~~: 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 employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the ciaim 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 evatuation, 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 tllle 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, "',..._"',""'...._'w,"~,,,.""".,.,".,.....~ Agenda Item No, 16Ill"o.Q6 Decenull"" 1'I1ll~",B""'TION Page 20 of 3?06/07 P"age1}.of14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F,S,. are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms Involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds, Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory oniy for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be i,ncorporated 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 09/30/2012 If the Agency does not complete the project within this time period, this Agreement will expire uniess an extension of the time period is requested by the Agency and granted in writing by the District Secretary or His/Her DesiQnee ' Expiration of this Agreement will be considered termination of the project and the procedure estabiished 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 singuiar 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 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 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. 1 &""30-00 DecerfillJ\l,f ~N~B'TION Page 21 ~ig~f., ~~:: 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 appiies 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) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792, 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public buiiding or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided in s, 287.017, F,S, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 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, 1~a3o-06 DecefllJ00r11l.Oi1sl!/ilililTloN Page 22 of 320'''07 Page 14 of 14 Financial Project No, 41013918401 Contract No. AOW93 Agreement Date 03/ t> 1 { 0 ~ IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, AGENCY FDOT See attached Encumbrance Form for date of Funding Appro~~by Comptroller /-' / . " // (~____u.~4-<"_P-Y~1i:;.n\ C((;;;;7~';:';: t>3iJ.5>.}J' LEGAL REVIEW ~~Elt:~ ORTATION Collier County Board of County Commissioners AGENCY NAME SIGNATURE DEPARTMENT OF TRANSPORTATION Chairman Deputy Director of Transportation Production TITLE TITLE ",:\'\i):<' ['.1) ~",')' . \. '\"l:;,.. ATT=T:" ",'" ,......... ".' - - " () D~~.Hl'.<:~. ':i9f. j(~ll , ' 3"':-.' ,~ At~;.{ t~,t~~7e. , $iijli.f~~}~' ! , I ~WI~"l'f~I'" Managing ,lstaAt Countl Attornel . Agenda Item No, 16B1 December 16, 2008 Page 23 of 32 Collier County Financial Management Project Number: 41 0 139-1-84~OI Contract Number: AOW93 State Transit Block Grant Program EXHIBIT" A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that ccrtain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier Coun Board of Co un tv Commissioners 330t East Tamiami Trail. Naples. Florida 34112: dated - 0 , referenced by the above Financial Project Number, PROJECT LOCA TION: 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 fiscal year of award, Contract Number, Financial Project Number, Catalog of State Financial Assistance title and number, and the Catalog of Federal Domestic Assistance title and number, where applicable, and the amount of state funding action (receipt and disbursement offunds) 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. Exhibit A, page I of I Agenda Item No, 16B1 December 16, 2008 Page 24 of 32 Collier County Financial Management Project Number: 4 tOt 39-1-84-0 1 Contract Number: AOW93 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 Coun Board of Co un 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 andfor state appropriation levels and on the distribution formula as outlined in Exhibit "Cn. 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. FY 2007/08 Local Funding (LF) Federal-Pass Through Funding (DU) State Funding (DS/DDR) (50%) (N/A%) (50%) Total $ 402,232.00 $ NfA $ 402.232.00 $804,464,00 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 I of 1 Rev 01162008 Agenda Item No, 1681 December 16, 2008 Page 25 of 32 Collier County Financial Management Project Number: 410139-1-84-0 I Contract Number: AOW93 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 the Collier Coun Board of Co un Commissioners 3301 East Tamiami Trail, Nanles, Florida 34112, dated ,referenced by the above Financial Project Number. STATE PUBLIC TRANSIT BLOCK GRANT PROGRAM REF: Section 341.052, Florida Statutes (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 See, 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 respcctively, 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, excludin!! any depreciation or amortization of capital assets, Block grant funds shall not,exceed local tevenue 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 eamed 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 (SO) percent of such costs or an amount equal to the total revenue, excluding fare box, charter, and advertising revenue and federal funds, received by the Agency 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 Exhibit C, page 1 of 4 Agenda Item No, 16B 1 December 16, 2008 Page 26 of 32 Collier County Financial Management Project Number: 410139-1-84-01 Contract Number: AOW93 State Transit Block Grant Program 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 together with two (2) copies of the National Transit Database (NTD) (49 USC 5335(a)) report at the same time the NTD report is submitted to the Federal Transit Administration or by March I, whichever is earlier, Unless the adopted budget uses a format consistent with the 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, 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 each year, and published either by December 31, or no later than twenty eight (28) calendar days of the Department's written approval ofthe report. The Agency shall fumish 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 I 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 TOP shall conform to the requirements in Rule 14-73, available at: hltn:! ffac,dos.state. 11, us/facon 1 ine/cha[!ter \A.Jldf The Departmentwill allocate State Transit Block Grant Progranl funds as described in Section 341.052, F,S, OTHER REOUIREMENTS Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated, Exhibit C, page 2 of 4 Agenda Item No, 16B 1 December 16, 2008 Page 27 of 32 Collier County Financial Management Project Number: 410139-1-84-0 I Contract Number: AOW93 State Transit Block Grant Program 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 ofthe Department's share ofthe invoice. 2, Required Submittal Fonnat The Agency shall submit invoices on fonns 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, ofa properly prepared and submitted invoice. Should the invoice be incomplete or incorrect, the Department shall inform the Agency within five (5) working days of receipt and return the invoice for corrections, 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: ---LI. Execution of contracts for materials and/or vehicles from a valid state or inter-governmental contract. ----2L- 2, Other contracts less than $25.000 excluding consultant services or construction contracts, TIle Department shall require all consultant and construction contracts and amendments thereto to receive concurrence prior to award. ----2L- 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. ----2L- 4, Purchase of service contracts where the Agency will provide transportation service for a fee, Exhibit C, page 3 of 4 Required Submittals SUBMITT ALfCERTIFICA TION X Procurement Requests X Safety Compliance X Specifications X Invoices X Audit Reports Agenda Item No, 16B1 December 16, 2008 Page 28 of 32 Collier County Financial Management Project Number: 41013 9-1-84-0 1 Contract Number: AOW93 State Transit Block Grant Program RESPONSIBILITY Agency Agency Agency Agency Agency Annually During Life of Project Exh ibit C, page 4 of 4 Agenda Item No, 1681 December 16, 2008 Page 29 of 32 Collier County Financial Management Project Number: 410139-1 M84-01 Contract Number: AOW93 State Transit Block Grant Exhibit D nS.j)30-OlI I'UBLlC1RI\NSPOIllATiOtt ..'" E>t\iiI~ [) FEDERAL and/or STA TE resources awarded to Ihe recipient pursuant to this agreement should be lisled below If the resources awarded to the recipient represent more than one Federal or Stale program, proYlde the same informaUon for each program and the total resources awarded. Compliance Requirements applicable 10 each Federal or Slate 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 sel\lices or purposes the resources must be used tor) . (eg, Eligibility requirements for reoplents of the resources) . (Etc..,) NOTE: Instead of listing the specific compliance requiremenlS as shown above, the Stale awarding agency may elect to use language that requires the recipient to comply wilh 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 Aaency I Cataloo of Federal Domestic Assistance (Number & Title) I I Amount Comoliance ReQuirements 1. 2, 3 NJA NJA N/A STATE RESOURCES State Aaenev Florida Department of Transportation Catalao of Slate Financial Assistance (Number &. Tille) Amount 55010 $ 402,232,00 ~lIance eaulremen s --Chapter 341,052, Florida Statutes: All terms of Department Contract. 2 3, Malehino Resources for Federal Proorams Federal Aaencv I NJA CatalDo 01 Federal Domestic Assistance (Number & Title) Amount I NJA EJ Com Ii n uir menl NJA 2 NJA 3, NJA NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(S}(a), Florida Statutes, require that the information about Foderal Programs and State ProjecbI included in this exhibit be provided to the recipient \\ Agenda Item No, 16B1 December 16, 2008 Page 30 of 32 CHARLIE CRIST GOVERNOR Florida Department of Transportation STEPHANIE c. KOPELOlISOS SECRETARY March 10, 2008 Diane Flagg, Director Alternative Transportation Modes 2885 South Horseshoe Drive Naples, Florida 34104 RE: New Multi-year Joint Participation Agreement for the Department's State Transit Block Grant Program in Collier County Financial Project Number 410139-1.84-01 I Contract Number AOW93 Dear Ms, Flagg: Enclosed please find the new fully-executed original mUlti-year Joint Participation Agreement (JPA) containing the Department's State Transit Block Grant Program in Collier County. Please always reference the Financial Project and Contract Numbers identified above when calling or writing about this project, I am enclosing an informational document entitled, "JPA Requirements," to assist you in the proper administration of the Agreement. Adherence to these requirements will minimize any potential problem areas. We look fOlWard to working with you to carry out the terms of this Agreement. If you have any questions, please contact Ms. Julia B. Davis, AICP, the Department's project manager for transit matters in Collier Cou.nty at (239) 461-4300, by electronic mail at Julia.Davis@dot.stateJl.us , or by mail at the Southwest Area Office, 2295 Victoria Avenue, P,O, Box 1030, Fort Myers, Florida, 33902-1030, Sincerely, -IlM-II13D A~ Terry ~acham District Modal Development Administrator TWB: JBD:sbs Enclosures: 2 cc: Sue Faulkner, Collier County A~ernative Transportation Modes (letter only) Phil Tindall, Collier County Metropolitan Planning Organization (letter only) Trinity Caudill-Scott, Florida Department of Transportation (letter only) Richard p, Shine, District Public Transit Administrator, Florida Department of Transportation, Modal Development Office (Letter only) Julia B, Davis, AICP, Transit Projects Coordinator, Florida Department of Transportation, Modal Development Office (Letter and copy of fully-signed Joint Participation Agreement) District One, Modal Development Office 801 North Broadway Avenue'" Post Office Box 1249'" Bartow. FL 33831-1249 (863)519-2388 (863)534-7172(Fax)' MS 1-39 .... I Agenda Item No, 1681 December 16, 2008 Page 31 of 32 JPA REQUIREMENTS The following information highlights the major requirements of the Joint Participation Agreement (JPA) between the Florida Department of Transportation and your Agency. While not including all of the requirements of the JPA, the list below does include all of the sections of the agreement that require submittals by your agency to the Department for review/approval. Adherence to this list of requirements should minimize any problems in the administration of the project, however, you should carefully read and understand the entire JPA including all exhibits. Section Description of Requirement(s) 2.40 Subrni t to the Department all data, records I etc. as listed in Exhibit "C" of the JPA. 6.10 Submit to the Department, a copy of the budget for the project. This submittal must take place before the preparation and execution of the JPA. If federal funds are involved, submit to the Department a copy of the preapplication and application. 7,60 Submit to the Department for each fiscal year the project is open, a copy of your annual agency audit which conforms to OMB A-128 or A-133. 7.70 Provide to the Department evidence that your Agency is carrying property and casualty insurance on proj ect equipment and facilities in the amount stated in paragraph 4.00 of the JPA. 8.10 File with the Department, requisitions for payments on forms provided with appropriate data as justification. 8.12 Agency agrees to comply with the provisions of Chapter 112,061 F,S, relative to travel expenses. This includes Agency travel as well as any consultants or contractors engaged by the Agency. 8,23 Request and obtain the Departrnentls written concurrence on all actions specified in the JPA. 8.30 Costs incurred by the Agency prior to the date of the JPA or without Department concurrence are ineligible for payment by the Department. ".. Agenda Item No, 1681 December 16, 2008 Page 32 of 32 I 12.20 If your JPA will fund Consultant Services, then three separate items are covered in this section: 1) The Agency must fully comply with the provisions of Section 287.055, F.S., Consultants competitive Negotiations Act (CCNA). 2) The Agency must involve the Department in the Consultant selection process. 3) The Agency's attorney must certify to the Department compliance with the CCNA. 13.10 The Agency shall comply with all the conditions specified relative to Equal Employment Opportunity and shall include these provisions in all contracts related to the project. 13.50 The Agency shall comply with all the provisions stated in this section regarding prohibited interests and shall include the specified language in all contracts, subcontracts, etc. 14 . 10 & 15.00 The Agency shall submit review and concurrence, specifications for project to the Department for all proposals, plans and equipment and facilities. 16.00 Prior to project closeout, the Agency shall certify in writing to the Department that the project was completed in accordance with plans and specifications, is in place on the Agency Facility. title is in the Agency and project is accepted by the Agency. 18.00 Agency agrees ,to complete project within the specified time or request and justify a time extension prior to JPA expiration. 21,00 Agency agrees to comply with restrictions on lobbying and to include appropriate language in all contracts, subcontracts, etc. Exhibits Agency should all of the exhibits. be totally familiar with and comply with information and requirements in these