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Agenda 12/16/2008 Item #16B 9 Agenda Item No. 16B9 December 16, 2008 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve the purchase of one (1) paratransit vehicle utilizing the FY08-09 Shirley Conroy Rural Area Capital Assistance Support Grant award. OBJECTIVE: To obtain Board of County Commissioners' approval for the purchase of one (1) paratransit vehicle utilizing the FY08-09 Shirley Conroy Rural Area Capital Assistance Support Grant award. CONSIDERATION: Collier County has been awarded a Shirley Conroy Rural Area Capital Assistance Support Grant award by Florida Department of Transportation (FDOT) to purchase one (1) rcplacernent paratransit vehicle. The Shirley Conroy Rural Area Capital Assistance Support Grant award requires a 10% local match. On April 22, 2008, the BCC approved the execution and submission of the Shirley Conroy Rural Area Capital Assistance Support Grant application for the purchase of one vehicle and to accept the funds, if awarded. On October 28, 2008 Collier County approved the execution of the award agreement with FDOT for the purchase of one (l) paratransit vehicle. The Shirley Conroy Rural Area Capital Assistance Support Grant is a reimbursable grant. The County is required to write the purchase order for the total amount. Following delivery of the vehicle and the County paying the invoice for the vehicle, the County submits an invoice to the Commission for the Transportation Disadvantaged, who reimburses the County for $59,400, which is 90% of the purchase price. The estimated total purchase cost for the vehicle at the time of the grant submission was $66,000. The Paratransit system maintains a capital replacement schedule for vehicles. The purchase of this vehicle will replace a high mileage vehicle that has over 165,000 miles and has been recommended and scheduled for replacement by Fleet Management. The vehicle was purchased in 2003, meets FT A vehicle end of useful life criteria, and is identified in the Vehicle Replacement Plan in the 2008 Transportation Disadvantaged Service Plan. The paratransit vehicle will be purchased through the FDOT Vehicle Procurement Program using local money, of which 90% will be reimbursed following delivery and payment to the vendor. 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). FISCAL IMPACT: The County match in the amount of $6,600 will be expended from Fund 427, Project 31427.1. The grant funds in the amount of $59,400 are budgeted in Project 33400. Should the total purchase price for the vehicle exceed $66,000, the remaining cost would need to be paid for from local funds in Fund 427 Project 31427.1. This is a reimbursable grant. Agenda Item No. 16B9 December 16, 2008 Page 2 of 26 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 authorize the use oflocal money from Fund 427, Project 31427.1 in the amount of $6,600 for the purchase of one paratransit vehicle from the FY 08-09 Florida Vehicle Procurement Program. Prepared by; Sue Faulkner, Principal Planner, Alternative Transportation Modes Attachment: (J) Fully executed Shirley Conroy Rural Area Capital Assistance Support Grant ~..".. Page lof2 Agenda Item No. 16B9 December 16, 2008 Page 3 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B9 Meeting Date: Recommendation to approve the purchase of one (1) paratransit vehicle utilizing the FY08~09 Shirley Conroy Rural Area Capital Assistance Support Grant award. ($59,400) 12/16/2008900:00 AM Prepared By Sue Faulkner Principal Planner Alternative Transportation Modes Date Transportation Services 12/1/2008 S:41:27 PM Approved By Michelle Edwards Arnold Alternative Transportation Modes Director Date Transportation Services Alternative Transportation Modes 12/1/20087:56 PM Approved By Scott R. Teach Assistant County Attorney County Attorney Office Date County Attorney 12/2/20088:29 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/2/200811:53 AM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 12/3/2008 8:22 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 12/3/200810:18 AM Approved By Barbara LaPierre Management/Budget Analyst Traffic Operations Date Transportation Services 12/3/200811:16 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 12/3/200811:21 AM Approved By OMB Coordinator Applications Analyst Information Technology Date Administrative Services 12/3/20084:04 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 12/5/2008 1 :49 PM Approved By James V. Mudd County Manager Date Board of County file://C:\AgendaTest\ExDort\ 118-December%20 16.%202008\ 1 h.%20r:ONSPNT%?OAGP 1? 11 O/?OOR Page 2 of2 Agenda Item No. 16B9 December 16, 2008 Page 4 of 26 Commissioners County Manager's Office 1216/2008 2:00 PM file://C:\AgendaTest\Export\118-December%2016.%202008\ 16.%20CONSENT%20AGE... 12/10/200R ~ Agenda Item No. 16BS December 16, 2008 Page 5 of 26 - , ================================================================== SAMAS Approp: SAMAS Obj.: Org Code: 108846 Fund: TDTF 750074 Function: 035 55 120000952 Contract No.: AP'St'1 FM/Job No(s).: 41065618401 CSFA No.: 55.001 Vendor No. :596-000-558-004 ================================================================== FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED SHIRLEY CONROY RURAL AREA CAPITAL ASSISTANCE SUPPORT GRANT THIS AGREEMENT, made and entered into this 1st day of Julv. 2008 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Collier Countv Board of Countv Commissioners (Collier Area Transit). 3301 East Tamiami Trail. Naoles. Florida 34112, hereinafter called the Grantee. WIT N E SSE T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation seNices and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide financial assistance to Community Transportation Coordinators in rural areas for the purchase of capital equipment. These grant funds are to be expended and utilized in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008 and as further described in Exhibit(s) A, B. C attached hereto and by this reference made a part hereof, hereinafter called the Project; and, to provide financial assistance to the Grantee and state the terms and conditions upon which such financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed, 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "C" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 1 of 21 Agenda Item No. 16B9 December 16, 2008 Page 6 of 26 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 unde, applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "c." Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapter 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. 2.60 Annual Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $66.000.00. This amount is based upon the estimate summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $59.400.00 as detailed in Exhibit "S", or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "S", whichever is less. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 2 of 21 Agenda Item No. 16B9 December 16, 2008 Page 7 of 26 4.10 Eligible Costs: Shirley Conroy Rural Area Capital Assistance Support Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of the purchase of capital equipment, and then only if a match, as specified in the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant is provided by the Grantee, 4.20Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement; If the Grantee wishes to purchase vehicles or other equipment with the Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit "A." 4.30 Front End Funding: Front end funding is not applicable. 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission, 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds, which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 5.00 Retainage: Retainage is not applicable. 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project, The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4,00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/2t/08 Page 3 of 21 Agenda Item No. 16B9 December 16, 2008 Page 8 of 26 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "S," This schedule shall show estimate( disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "s" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "S." 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 4 of 21 --'-~"'-----'--""'--'- Agenda Item No. 16B9 December 16. 2008 Page 9 of 26 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project, Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrollS, time records, invoices, contracts, drivers manifests, vouchers, vehicle titles, and detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services or costs incurred were those, which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Grantees existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In the event that the Grant recipient expends a total of $500,000 or more in State awards in its fiscal year, the Grant recipient must have a State single or project-speCific audit for such fiscal year in accordance with Section 215.97,Florida Statutes, Rule Sections 10.550, 10.650, Florida Administrative Code, and the applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations); Rules of the Auditor General. State Awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, the name of the awarding State Agency. If the grant recipient expends less than $500,000, this audit is not required and if the grant recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid form non-State funds. The Grant recipient agrees to allow the Commission, the Department of Transportation, the Chief Financial Officer and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida Statutes, Shirtey Conroy Rural Area Capital Assistance Support Grant 200B/09 Form Rev. 03/21/0B Page 5 of 21 Agenda Item No. 16B9 December 16, 2008 Page 10 of 26 The Grant recipient shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Audito, General to the Commission and the Office of the Auditor General. The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records, drivers' manifests, capital equipment; and to audit the books, records and accounts pertaining to the financing and development of the project at all reasonable times including upon completion of the project, and without notice. Grant recipients shall make all records available to the CTD, upon request, for a period of five (5) years after final project invoice. Should the Grantee provide "sponsored" transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the "sponsored" transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings, If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Grant Recipient shall submit as part of the audit paCkage to the Commission a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Grant Recipient shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Monitoring: In addition to reviews of audits conducted in accordance with OMB A-133 monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB A-133, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope or project-specific audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Grantee shall also require auditors to determine compliance with Article 12,00 and Paragraph 8.26, and Exhibit "A," "Special Considerations by Grantee." 7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $100,000 for anyone (1) person, $200,000 per occurrence at all times in which Project vehicles or equipment are engaged in approved project activities. The Grantee shall insure that contracting Transportation Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 6 of 21 Agenda Item No. 16B9 December 16, 2008 Page 11 of 26 Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition on form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission's Grant Agreement/Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; 8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; Shirley Conroy Rural Area Capital Assistance Support Grant 2006/09 Form Rev. 03/21/06 Page 7 of 21 Agenda Item No. 16B9 December 16, 2008 Page 12 of 26 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications 0, actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "c." 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008 is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission, Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its Shirley Conroy Rural Area Capital Assistance: Support Grant 2008/09 Form Rev. 03/21/08 Page 8 of 21 Agenda Item No. 16B9 December 16, 2008 Page 13 of 26 obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of Its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise Includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice, . 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 9 of 21 Agenda Item No. 16B9 December 16, 2008 Page 14 of 26 entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section, 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes, Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, ContrOls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places availabie to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause, 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Shirley Conroy Rural Area Capital Assistance Support Grant 20D8/09 Form Rev. 03/21/08 Page 10 of 21 Agenda Item No. 16B9 December 16, 2008 Page 15 of 26 .- 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. " The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency, 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities, The Grantee shall also assure compliance with The Americans with Disabilities Act of 1990, as it may be amended from time to time. Shirtey Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 11 of 21 Agenda Item No. 16B9 December 16, 2008 Page 16 of 26 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The purpose of lobbying includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list, 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. Shirley Conroy Rural Area Capital Assislilnce Support Grant 2008/09 Form Rev. 03/21/08 Page 12 of 21 Agenda Item No. 16B9 December 16, 2008 Page 17 of 26 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or federal law: Provided, that if any of the provisions of the Agreement violate any applicable State or federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles, whether leased or purchased, are used to meet the identified transportation needs of the transportation disadvantaged and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation needs of the transportation disadvantaged of the area. Leased and purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment which are leased with Project funds shall be sufficient cause for non- payment by the Commission as provided in Paragraph 8.25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall Shirley Conroy Rurai Area Capital Assistance Support Grant 2008(09 Form Rev. 03/21/08 Page 13 of 21 Agenqa Item No. 16B9 December 16, 2008 Page 18 of 26 be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose, which expands transportation disadvantaged services. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase, b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commissions Capital Equipment Procedure or the Commission. 14.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles under contract between the community transportation coordinator and a transportation operator or coordination contractor paid in whole or in part with trust fund money, must be reported to the Commission. Accidents involving a fatality or fatalities must be reported to the Commission not more than 24 hours after the community transportation coordinator becomes aware of the fatal accident. Any other accident, those not involving a fatality or fatalities, with over $1,000 in property damages, must be reported to the Commission not more than 72 hours after the community transportation coordinator becomes aware of the accident. Copies of any accident reports prepared or received by the community transportation coordinator as a result of any accident must be sent to the Commission upon receipt or preparation of the report. 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A". Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or Shirley Conroy Rurai Area Capital Assistmce Support Grant 2008/09 Form Rev. 03/21/08 Page 14 of 21 Agenda Item No. 16B9 December 16, 2008 Page 19 of 26 ._' due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; 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 Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: 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 shall be 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 one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year." In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 15 of 21 Agenda Item No. 16B9 December 16: 2008 Page 20 of 26 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30. 2009. If the Grantee does not complete the Project within this time period, this agreemenl will expire unless an extension of the time period is granted to the Grantee in writing by the Chairperson of the Commission for the Transportation Disadvantaged or designee. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9,00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been expended or obligated under a purchase order, as provided in the project description (Exhibit "C"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August is, 2009. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used In the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: Vendors (in this document identified as Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be changed from a period not to exceed five (5) working days to a period not to exceed eleven (11) working days. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Rnancial 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. The Grantee shall promptly pay all subcontractors their proportionate share of payments received from the Commission. 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 per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Rnancial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 410-9724. Shirley Conroy Rural Area Capital Assistance Support Grant 2008(09 Form Rev. 03(21/08 Page 16 of 21 Agenda Item No. 16B9 December 16, 2008 Page 21 of 26 . 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes, Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 17 of 21 Agenda Item No. 16B9 December 16, 2008 Page 22 of 26 FM/JOB NOeS). CONTRACT NO. AGREEMENT DATE 41065618401 fWS'bCJ Julv 1. 2008 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. BY: GRANTEE: COLUER COUNTY BOARD OF COUNTY C07SIONERS ~f1t--~ r COMMISSION FOR THE TRANSPORTATION DISADVANTAGED / /'fr / TITLE: Tom Henning, Chairman ..'\lr~ V ~/:" ..- . ><:,.... . ~.. ..~'" . f......., .. .7..... "" ", Dv~ ....~'~d1~~ TTEST'J'. "I~.;":.;:'~ ,;'{ 'r? ~~t. ..;/i J} . . /c. , ~1sRlo~Ji~' :." If(lAlture on,. EAL) ~~~;:: ( i iXi/n-+-(,. j 1..'.....- _.v,... ..~ NOTARY C?!JITLE .......,:::,.. WENDY SMrTH i~~':"'l')' CoIMlissIon 00 815663 ~ i" Expires August 18. 2012 ~.. BonlIIdihlllTI\II)IFIWI~IJXl.SIl5.1fni (SEAL) App ve s to form & legal sufficiency Coun A 0 ey DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATION) Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 18 of 21 Agenda Item No. 16B9 December 16, 2008 Page 23 of 26 FMjJOB NOeS). 4106~184~1 CONTRACT NO. (7S 'i AGREEMENT DATE Julv 1. 2008 EXHIBIT "An PROJECT DESCRIPTION AND RESPONSIBIlITIES Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that Grant Agreement, between the State of Rorida, Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). PROJECT LOCATION; Collier County PROJECT DESCRIPTION: To purchase capital equipment so that transportation can be provided to the non- sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Capital equipment will consist of: One Bus SPECIAL CONSIDERATIONS BY GRANTEE; 1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the Florida Department of Transportation's Guidelines for Acquiring Vehicles on file with the Commission on July 1, 2000 or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 19 of 21 Agenda Item No. 16B9 December 16, 2008 Page 24 of 26 FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE 41065618401 M.;'i?"1 Julv 1. 2008 EXHIBIT "B" PROJECT BUDGET AND DISBURSEMENT SCHEDULE Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit), I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Application and Policy Manual for the Shirley Conroy Rural Area Capital Assistance Support Grant as revised on March 21, 2008. Capital Equipment 1 Bus $66,000.00 TOTAL $66,000.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $59.400.00 $ 6.600,00 Local Cash Funds Total Project Cost $66.000.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS ( $ divided by 1000) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 08/09 59.400 Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/0B Page 20 of 21 -. , - Agenda Ilem No. 16B9 December 16, 2008 Page 25 of 26 FM/JOB NO(S). CONTRACT NO. AGREEMENT DATE 41065618401 1W5~4 Julv 1. 2008 EXHIBIT "C" DOCUMENTS AND CERTIFICATIONS Shirley Conroy Rural Area Capital Assistance Support Grant This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Collier County Board of County Commissioners (Collier Area Transit). THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS; Submit copy of financial reporting packages of audits prepared in accordance with Section 215.97, Florida Statutes, and applicable Rules of the Auditor General to: Commission for the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, Florida 32399-0450 State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in section 287.042(2), Florida Statutes, 2, Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in section 287.017(1)(b), Florida Statutes, 3. Contracts for consultant services for an amount less than Category I as set forth in section 287.017(1)(a), Fiorida Statutes. Shirley Conroy Rural Area Capital Assistance Support Grant 2008/09 Form Rev. 03/21/08 Page 21 of 21 09:41:01 Fri Nav 07, 2008 CI04 CONTRACT INFORMATION - INQUIRY - PAGE 1 11/07/2008 Agenda Item No. 16B9 December 16, 2008 Page 26 of 26 09:40:22 BC A CONTRACT AP589 PY CONTRACT SHORT TITLE GRANT-SPEC LONG TITLE GRANT IN AID-SPECL CNTRT MGR BEG DATE 07/01/2008 MV REQUIREMENTS CNTRT STATUS CNTRT TYPE DT ADV CONTRACTOR NAME COLLIER COUNTY BOCC CONTACT CT = $59,400.00 AGENCY USE [1) 41065618401:41065618401: (2) (3) (8) CFT=l ORIGINAL AMT AMENDED AMT CORRELATED AMT 59400.00 118800.00 PHONE ENDING DATE 06/30/2009 PROCUREMENT APPROVAL SERVICE TYPE 915030 DT EXEC DATE AWARDED EMER.CERT.DT METHOD OF PAYMENT METHOD OF PROCUREMENT 0 DT LET 04 AJ PHONE (4 ) (9) RNOP=N (5) (10 ) (6) (11) (7) (12) NEXT: REC TYPE A SEL OPTION I CONTRACT InJM AP589 AMD CONTRACTORS CONTRACT STATUS HISTORY CSFA PAGE TYPE SEL Enter-PF1---PF2---PF3---PF4---PF5--_PF6___PF7___PF8___PF9---PF10--PF11--PF12--_ CONT MINI MAIN RFRSH TOP FWD