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Resolution 1999-266 AEXtllBIT C RESOLUTION NO. 99- .X RES(')LUI'ION OF THE COLLIER COUNTY B()..\RD OF COUNTY COMMISSIONERS (APPLICANT). 14EREINAFTER BOARD. AUTH'ORIZING TIlE FII. ING OF A TI:LANSPORTATION DISADVANTAGED TP. UST FUND GRANT APPLICATION wrl'H THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED. .c~,~ ~ ~ I tl'lterea.s, this BOA. RD has the authority to tile a Transponam)n l)isadvanLaged Trust Fund ;rant Application and to undertake a tr~s~flation di~dvan~ffed se~'ice proiect ~ authorized by ~cclion 427.0150. I'lorida Statutes. and Rule 41.2. Florida Administrative ('ode; NOW, TllERI.;I:OiiE, lie IT RESOLVED hy Ihe Collier {.',,unt.~ Hoard of County 'ommlssioner~ that: I. {'he BOARD ha~ the authority, to file this grant application. The BOARD authorizes Pamela S. Mac'Kie. Chaim'oman to file and execute the application on behalf of the Collier County Board of County Commissioners ~,ith the Florida Commission for the Transportation Disadvantaged. The BOARD'S; Registered Agent in Florida is David '¢,"ei~l¢l. County txttqmev The Registered Agents address is .13OI Eas~ Ta_miami Trail, Nap[e';, F orida, .3-1112 Ihe BaAl,rD a,thorizcs Pamela S. Mac,Kit. Chair\roman ~o ~ign any and all agreements ,,r contracts ,,vhi.ch are required in connection ~'.~lh the apphcation. '['he BO.,\RD authorize.,, Gavin Jones lo sign any and all assur;,nces, reimbursement in~mces. ~,,an'anl~cs. ¢crtH]cat~ons and any olher documents ~,.hich may be required in ¢onnecthm with the application or subsequent agreements. I)I.'I.Y P.&SSED ANI) ,\D(.~PTF.'D FI IIS~J;~-~ \ 1 'I1..~T I)\VI.(;III' I'L BRt}t K. t I.FRK iran[ ,Xppl~¢almn Pa.~¢ 4 1 A9 Transportation Disadva_nta~e__d Jeb Bush Governor Peter Gianino Chairperson Kenneth R. Fischer Vice Chairperson Jo ,Ann Hutchinson Executive D/recfor June 29, 1999 Mr. Gavin Jones Naples Metropolitan Planning Organization 2800 North Horseshoe Drive Naples, Florida 33964 Re: Trip/Equipment Grant Agreement Dear Mr. Jones: Attached are four copies ora grant agreement providing for Commission for the Transportation Disadvantaged participation in the above referenced project Please execute and return ali four copies of the agreement per the attached checklist. DO NOT DATE THE AGREEMENTS. If you have any questions, please call me at (850) 922-7279, Sincerely, Region 4.J~vlanager Enclosures: Checklist Agreements (4 copies) cc: file copy 32399.0450 · Phone: 1tiS0) 488.6036 · Toll.free: 1800) 983-2435 · TOD only: ~8001 6,18-6084 · Fax: ~8501 922.7218 www.dot.state.fl.us~ctd 16/19 COMMISSION FOR TIlE TIG'~NSPORTATION DISADVANTAGED GRANT AGREEMENT CHECKLIST Please use this checklist on all Grant Agreements, Supplemental Grant Agreements, and Agreement Termitlations to insure validio' of the Agreement. 1. Original signatures must appear on at least one copy of the agreement. Be sure authorized parties type or neatly print titles and names on all copies to insure clarity. o Be sure to include a resolution or certified minutes from the agency authorizing signing of the agreement by an individual. The resolution must have original signatures; the minutes must be certified copies, The current grant application includes a sample resolution (Exhibit C of the application). Signatures on the agreements must be attested to by one affirming official and sealed (corporate or notary seal). Resolutions or certified minutes should also be sealed and attested to. 5. Do not fill in any dates on the agreements. 6. Return the four signed copies for further processing to: Commission for the Transportation Disadvantaged 605 Suwannee Street, Mail Station 49 Tallahassee, Florida 32399-0450 We will mail you a copy of the agreement after the Commission for the Transportation Disadvantaged has executed it. Do not incur costs against this project until the Commission for the Transportation has executed this agreement and you have the notice to proceed from the Commission for the Transportation Disadvantaged. Rev. 1/24/}$ 16 9 NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVICES CENTER 2800 North Horseshoe Ddve Naples, Florida 34104 (941) 643-8300 Suncom 723-8300 Fax (941) 643-6968 BOARD OF' COUNTY COMMISSIONERS NAPLES Gl'FY COUNCIL FLORIDA DEPARTMENT OF TRANSPORTATION July 13 .1999 Ms. Jo Ann l lutchinson Executive Director Florida Commission tbr the Transportation Disadvantaged 605 Suwannee Street, MS-49 Tallahassee, FL 32399-0450 850-488-6036 Re: Trip and Equipment Grant Agreements for 1999-2000 Dear Ms. Hutchinson: Enclosed please find four original copies of thc Trip and Equipment Grant Agreement for 1999-2000. Collier County will appreciate one original for thcir files when the)' have been executed. Thc authorizing resolution was transmitted to you with the grant application with a June 25, 1999 cover letter. If'you have an)' questions, please call mc. Yotfrs Truly, / Gavin Jones. P.E.. Transportation Planning Manager C.C. Robert Mulhere. AICP, Planning Services Director John Limbaugh. Intergovernmental Liaison, FDOT Ft. Myers off, ce Fran Thebcrge. Transit Project Coordinator. FDOT Ft. Myers office Julia Savage. l,ocal TD Program Manager. Southwest Florida Regional Planning Council I I.lchlnson J Iransmi! %~-00 granl agrcccments "- 16A9 - SAMAS Approp: 08.~L4.6 Ft,'~d: ............. :IJO'!rF .__ FM/Job No(s).:._20724618401 SAMAS Obj.: 79_0_~6 Ftmction: ..... 035 Org Code: ____ 55~_ ~12_0.0_0(_)_.9_52__( 'onlrac[ No. :_.J~t-,C~'..-! ! Vendor No.: ..... 596-000-558-107 I:I.,ORIDA CO51NI ISSION FOR T! IE TI/ANSPORTATION DIS:\I)VANTA. GED TRII' & EQi~IPNIENT (;RANT AGREEN'IENT Tt lis AGRF, I:,N1F. NT. made and entered into Ii,is J ci't"'_, day of T'~c,t ~ 1~1(1. by and between thc S'I'ATt(()F FIX)RIDA COMMISSION FOR THETRANSPORTAI'ION I)ISADXA. FA(,ED. created purstmnl to ('}mpler 427. Florida Statutes, hcrcinalWr called the Commissitm and_ Collier County Board ~gCout]b: ('0m!~a!tcrs~,~[_]3u~[X~JSa~, Nil~!lorida 34112 hereinalic~ called thc Grantee WIT N I: $ S I: T II. WHERF,:\S, the Grantee has the authority to enter into this Agreement and to undertake thc Project hcreinafier described, a~(I the Commnission has been granted ~l~e authority Io uso Transportation I)isadvantagcd Trust Fund moneys to subsidize a portior~ of a Iranspotlali{m dJsacMmtagcd person's lransportalion costs which is not sponsored by an agency, and/or capital equipment pt~t'cJmscd for tim provision of non-sptmsored trallsportalion services and other responsibilities idc,lilMl in ('}mptcr .127. Florida SlaltllCS or rules ti~crcoF, NOW, l'l IF.I,LI!F()I(15. in considcratior~ of thc mt,tual covcnanls, promises and represenlalions herein, the parties agree as follo~vs 1.00 I'url~OSe of 3, greemc,t: Thc purpose oF thi., ..\grccmcn! is Icl Prt~vidc n(m-sp(ms{~rcd lral~sporlali{m trills and:or capilaJ equipment to the non-sponsored transportation disadvantaged in accordance with the Transpoilation l)isadvantaged Trust Fund i. Chapter 427. Florida Stalutcs, Rule .l I-2, f:lt~ricla Administrative Code. Commission policies, thc Application and Policy Manual thc Trip & I]quipment Grant For non-sponsr,red trips and/or capital equipment as Fevised on Nlarch 31. 1999; and as further described in ['~xhibit(s} A. B. (' attached herum and by this reference made a part hereof, hereinafter called the Project: and, to i)rovide Commission n(m-spo,sored financial assistance to lt~c (}rantee and state the lerms and conditions upon wi~ich such non-sponsored financial assistance will be provided ;tnd the understandings as to the manner in which the PrQject will be undeFtaken and completed Trip & J:quir, nlcnl (}r;mt Agrcc.le.I 1'~99 200~ h,rm Rev 5 19 ')9 2.00 /,,ccomplishmenl o£ Ihe I'rojecl: 2.10 (;cneral Re¢l.iremcnls: Thc (h'amcc shall commence, and complctc~hu I'rqjcc~ as described Exhibit "A" wifl~ all pr~ctical dispalch, in a s~m,d, economical, and cflici~nt manner, and in accordance with the provisions herein, and all applicable 2.20 i'ursu:{nt lo Federal, ~t;lle., ~111(| l.oc:d l.au,: In The c'..'cnt that any ebz¢t[on, ~cl',..'rendum, appl~',al. permit, m~licc, or other p~occcding m' auth~mzalion is requisite under applicable law lo enable Ibc Grantee t~ cnlu~ inl~ this ,,~g~cu;ncnl or to undertake lhu I'n,jcct hereunder, or Io obscrvc, a>~t.nc or carry out any of'thc provisit)ns ol'lhc Agreement, thc Grantee will initiate and consummate, as prtwidcd by law. all actions 2.3(I l,'.nds of the (;ra.tce: The (iia.tec shall initiale and prosecute lo completion all proceedings 2.40 .'qul)mission of I'rocecdi.gs. (;a.tract.,, ami ()ther l)ocuments and Products: 'Ibc (3rantcc shall submit to the ('ommission such data. reports, records, co.tracts, certificatio.s and other financial or operational doctm~cnts or products relating to the I'ro.jcct as the Commission may require under this agreement including lhose listed in l(xhibit "C" Failure by the Grantee to provide such documents, or provide other documents or products rctluircd by prcvit~us agreements between thc Commission and thc (}ranlcc. may, at thc Commission's discretion, rcsuh in rcfBsal lo reimburse project Ihmls 2.5fl I]~corlmralicm bv Reference: Thc (ir;inlet and C(mmfission agree th;~t tw entering into lhis Agreement, Iht par~ics explicitly incorp~ratc Iw roil'ronco into this Agreement thc I~x¥ a.d proxisions of ('hi~plc~ .127. I:lt,'itli~ Statutes, Rule-11-2. l:h,~ida Atlministrativc ('ode. and thc ,,Xiq~lication and Policy Niant~al fbr thc Trip & [(quipmcnt (it'ant. as revised tm March 31, IOq9 3.00 Tot:il i'rojecl (.;()st: The total estimated cost of thc I'rt!ject is S 3~8,093,00 . This amount is based upon thc estimate summarized in I~xhihit "IV' and hv this rc~Z'rcncc made a part hereof Thc (h-antcc agrees to bear all expenses in excess of thc ~(,tal cstm~alcd c~sl ofti~c Prqicct and any deficits h~volvc(l, including any deficits revealed by an audit pcrfi,rmcd in accortlancc with Afl]cie 11 f~l~ hereof after ctmlplclion of thc i~,o. jccl 4.()¢} Commissio. I'articipalim]: Thc ('omm~,,sitm asr'cos Io maximum participation, including contingencies, in thc Project in thc ~LlllOLIIII O1'$ 358,284,()() _ as detailed in [:xhihit "B", or in an alllOllllt CqtiaJ tO thc percentage(s) off total actual prq}ccl cost shown in Hxhibit "B" x~hichcvc~ is less 4.10 Eligible ('osls: Trip and I':qmpmcnl (bant Funds, derived exclusively fi'om the Transportation Disadvantaged 'l'rusl Fund, may only bc used by thc ('ommission and Ibc Grantee to subsidize a portion of a transpo~ati(m (lisadxantagcd person's lransp~tlali(m c~sls which is not sponsored by any other agency, and then (mir ifa m~ltch, as spccilScd in thc Application and l'olicv Mallua[ For thc Trip and l{quipmcn't (;rant, is 4.211 Eligible I'rojec! EXlwmlitures: l'rqicct costs eligible [hr State participation u,'ill bc allowed only from thcctatcofthis.,\grccmcnt It is tmcterst(~od that State participation in eligible project costs issul*,ject to: Form Re',. 5 19 ~)~) 5.00 6.OO ?.00 4.3O 1¢A9 - a) Thc undcrslanding thal dislmrsemcnt of filnds will be made in accordance with Ibc Commission's cash fi~rccast. b) Availabililv of Ikmds as sla~cJ m ..M~cle 17()0 of this Agreement: aulhorily becomes available. d) fiubmiss~on of ali ccrlificatbns. {nvo{ccs, dora{led supporlin~ doct~mcnlali(m, ot other obligal{ng documents and all olhcr terms of this a?ccmcm. Fronl End l:un(lin~: f;ront end furldhig is not applicable Retainage: Retainagc ix not applicable i'roject lhldgel a,d I)isbursement Schedule: 6.10 The I'rojerl lh.lgel: Thc (h'anlcc shall nlailltain thc ('Omlnl.~.,l~ appl~cd I'l{~.iccl Ih.tgct. a~ Scl forth in Exhibit "11". carD' otll thc Project, and shall incur obligations againsl ami make disbursements of Project tim(ts only in c{mtbrmilv with thc latest approved budget tbr Ibc Project Thc budget may bc revised periodically, but m, budget revision shall bc cflL'ctivc .nlcss it complies with fired parlicipalion requirements established in Article 4 O0 oflhis Agreement and is apl)loved itl writing by Ibc ('ommission Any budget reGsion which changes the fired paflicipation requirements established in Article 4 (,) of this agreement shall not be efta'clive tmlcss appr{wcd in wrhing by thc ('ommission and thc Florida Depart taunt of Transportation Comptroller 6.20 Srhedule of Dislmrsemcnls: '[ he (,rantcc shall abide by thc ('ommixsk.n approved disbursements schedule, contained in I{xhibil "B". This schedule shall show cstimalcd disbursement ot' ('ommission fimds fi~r the entire tcm~ of Ibc Project by m{mfl~ or quarter of thc fiscal year in accordance ~x ilh Commission fiscal policy. The schedule may be divided by Projccl phase where such division is determined to be appropriate by the Commission Any significant deviation from thc approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by thc agency and advance approval by thc Commission Reimburscnmnt tbr thc Commission's share of Ikc project shall not be made fi~r an amotult greater than the cumulative total up Io any given monlh as indicated in thc disburscmcnl schedule in ILxhibil "B" Accounlin~ Records. ,\udils and Insurance: 7.10 Eslalflishnlenl and Maintenance of Arrounlin~ Records: The (irantcc shall establish fi~r the Projccl, in ccmfi~rnlitv with the latesl current unifi~rn~ rcquircmenls established by ti~e ('ommission lo facilitate the administration off,he non-sponsored financm~ program, eilher scparale accounls Io be maintained within ils cxisling acc(ranting system, or establish independent accounts Such non-sponsored financing accounts arc referred to herein collectively as lhe "Prq~ecl Account" Thc Project Account. and dc~ailed documentation supposing the l'rqject Accotml, must be made available upon request, without cosl. to the Commission any time during thc period of the Agreement and tbr five vcl. s after final payment is made t. if any audit has been initiated and audit Iindings t~ave not bccn ~cs{~Ix cd at ~hc end of five years, the rocor'ds shall be retained until resolution of thc audit findings ]'rip & Equipmcnl ( Mll'fl Agl,:crncnt lq')'l 2000 Form R¢~. 5'1~) 99 P~ge 3 ,q' I S Paec~ 7.20 Fu,.Is i~.cceivcd f)r Made Availahle fl~r The Projecl: Thc Grantee shall approprialely record in Projccl Accouter. and deposit in a hank or trust c~m~p;my which is a member of thc Federal Deposit Insurance ('(~rp(~tati(m. all n(m-sp~m~orcd Iran~p~l;~titm [~il}'lllurlJ5 received by it IYOrll t}l~ ('(~t~lIHi~SioH purNuanl to this A~rcemcllt ;111(l fiji other funds provided fi)r, accmirls to, or otherwise received o11 accOtHll of thc l'rojccl, which ('ommJssion paymcnls and other fimds arc hcrcin collcctivcly referred 1o as "l~rojccl Funds" Thc Grantee shah rc(illJrC depositories ofl)rojecl Ftmd~ Io soctlrc conlinuousJy and fully all Project Funds in excess ortho ~llllOLIIII~ insured tmde~ Federal plil115, or Lllldcr SJalg plans which have I)ccn apprt.vcd for Ibc o~ [~rt~ic'c[ fun(is t~v thc ('0ii1111ig~ioI1. J~ thz' dCJX~Sit or scttin.g aside ofcollateral of Ibc l)pcs and in thc manner 7.3(I ('.sis Incurred f. rfhel'ro, jecl: lhe(iT,Inlcc~.hallchar~ctnthcPro, jcci ..k~,,,;~nt~mlvdi?Nccost~ reqtJircmcnls ol'this ,'~greelllelll, shall mq hc c.n>idefcd eligihle costs '7.40 l)~wumenlalion of Pro.je¢l ('nsp,: All c.sts charged to thc Project, includin~ ;my approved services cor~trihulcd by lilt (~rillllce or olhcrs, S}l;l]] I)c st~pporlcd hv properly executed payrolls. Illlle records, invoices. conlracls, driver's manit~sls, voucher,, vehicle zillcs. ;md detailed stlpporlin~ (h~cumcnlalitm cvidcncin~ in proper detail thc n[lltlrc and proprich' .f Ibc charges Records nlusl he kepi lo ~h,~k how Ibc vMuc placed on third parly Ir[msactmns was derived 7.50 (]wcks. ()r(lers. ami Voucher',: Any check (,r t,clcr draxvn hv thc (;ranlcc x~ ith rc~pccl h~ any item which is or will I~c char~cahlc ~ainsl Ibc I'ro. jcc~ .,~ccotllll will he ctra~n onlx in accor'dancc x~ilh a properly si?cci v~uchcr lhCll oll file in ibc off]cc tffthc Grantee surfing in proper detail thc purpose for which such check (~r (,'clef is clrawn All chcckh, paFrolls, invoices, conhacls. VOllChcr~. orders. (~r other accounling d(~cumcnls pertaining in whole or in parl t~ lilt Project shall be clcark idcnlified, readily accessible, within thc Grantee's cxistin~ ;tCCOtJntin~ sxMem, and. t(~ the extent fca,tide, kept separate and apart l?om all other such dt~cuments 7.60 Audit i,lel)orts: Thc (irantcc shall provide t'~r each of its fiscal years For which Ibc Project Account remains ope,. an audit rep()~ prepared cithcr hv ils official auditor or audit agency ()l ar1 independent certified public accountam, reflecting the use of the non-sponsored Iransportation fimds of Ibc Commission. Grantee. and those tYom any other source with respect m the Project Audits shall bc conducted under guidelines of thc t%tcd Stales Office of Management ired Budget (O~IB) Circular A-133, Seclion 216.349. Florida Sl~llules. and ('hapter 10.600. Rules of lhe Auditor (;cneral For (irantcc fiscal years I,c~inning on or before June 3iL I0~)8, thc reporting packages and (hlla collection t~rnls shall l~c submitted to ~he CTD regional manager t~v ~he Grantee within thc earlier of.lO days after thc receipt of thc auditor's rcpom or 13 months after ibc end ~fflhe subrecipicnl's fiscal year For fiscal years I, cginning after June 30. 1998, reporting I)ackagc> :md dala collection fi,'ms arc to be submitted within thc earlier of 3~) days after the receipt of thc auditor's report, or 9 months after thc end oFthe Grantee's fiscal year For audits conducted only under Section 216.349, Florida Statutes. thc report is Io be submitted within Ibc earlier of 30 days after the receipt of thc auditnr's report, or 12 munths after the end of the Grantee's fiscal year The date the audit report was ddivcrcd to the Grantee must be indicaled by lhe Grantee in correspondence accompanying the audit rcp~n, t~r rcp,)rting package, and data collection form The Grantee shall follow up and take corrective action (m audil finctinus OM B (;ircular A-133 fiirlhcr requires lhe preparation of a summam schedule of t"urm Re', .S I') ')u J'ilg¢ ,l ol I × I'a.ee, prior audit findings and a ¢orreclivc action plan ~or currem year audit findings. Thc Gramee shall also require auditors to determine compliance with Article 1200 and Paragraph 826. and I~xhibit "A", "Special Considerations by Grantee . 7.70 Insurance: Thc Grantee shall car~' insurance on Project vehicles and Ctluipmcnt. and guarantee liability for rninimurn covcrage as follows: 7.71 l,iabilitv: I.iability coveragc in an amount ofSl00,000foranvone(I)pcrson, S200,000per occurrence at all times in which Project vehicles or equipment are engaged in approved prQiect activities Thc (Jranlcc shall insure Ihat contracting Transportation ()peratot5 also maintain thc same minimum liability instlrallcc, or all equal ?vcrnmcnta] insurance program 7.72 (;ollision: ('{~llisimL fire, thct't, and com[~rchcnsive coverage in any amotmt required to pay fi, any damages to thc Pro.jeer vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property lnst, rance: The (;rantcc 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 Olher Insurance: Thc abc,~.c ro, luired inst,rancc will be primary tt~ any olhcr insurance coverage tlu~t may be applicable 8.00 Requisitions and l'aymenls: 8.10 Preliminar?' Action by the (;r:,ntee: In order to obtain any Transportation [)isadvantagcd Trust Funds, the Grantee shall 8.11 File ss'ith the C'ommission £or the 'lransportalion Disadvantaged. 605 Sux~annee Street. Mail Station 49. Taltahassce, Florida. 323o*;-0-150, its requisition on fi~rm or fk~rms prescribed by the Commission, and such other detailed supporting documentation pertaining to ti~e Project Account and the Project (as listed in Exhibit "('" hcreoO as thc Commission may require, to justilk' and suppon the payment requisitions, invoices, and vouchers, including, at a minimum. ( I )the date the Grantee incu~ed project costs and equipment, vehicles or other property or services associated ,.vith thc Project. (2)a statement bv thc Grantee certifying that thc Grantee has acquired the property or se~'iccs. (3)the actual consideration paid tbr the properly: and (4)an attestation, on the titan or forms prescribed by the ('ornmissJorL from the head off the Grantee. under thc penalties tfl' pcuur3.', that the Grantee has complied with the provisions of the Grant ,,\grcemcnt The designated signatory of thc Grantee must sign the lbllowing attestation which appears on all Commission form invoices and requisitions: I certify, unctcr penahy of perjury, that the aforesaid listing is tree and correct, anti the Agency has complied with the provisions of the Agreement. Trip & Equipfncnl (;rani A,erecmcnt 1';9') 20On Form Rev, 5"19 99 Page 5 of I g Page', 8. I2 Comply with all applicable provisions of this Agreement. 8.20 Thc Commission's Obligations: Subject to other provisions hereof, thc Commission ,.viii honor such requisitions in amounts and at times deemed by tile Commission to be proper and in accordance with this Agreement to ensure tile completion of thc Project and payment of the eligible costs. However. notwithstanding any other provision of this Agreement, the Commission may give xvritten notice to tile Grantee that it ,,,,'ill refuse to make a payment to the Grantee on tile Project Account it': 8.21 Misrepresentation: Thc (irantee 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 t~m~ishcd thcrcx~ifl~ or pursuant hereto; 8.22 I.itigation: There is pendin~ litigation with rcspcct to thc pcrfi~rmancc by the Grantee of any of its duties or obligations which may jeopardize or adversely afl, ct the Pmjccl. the Agreement, or payments to the Project, 8,23 Required Sul)millals/(;erlific:~tions: The Grantee has failed or refi.~sed to provide to tile Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflicl of Interests: There has been any violation o£the conflict of interest provisions, prtdlibited inlcrcsts, or lobbying restrictions, contained herdm 8.25 Default: The Grantee has bccn determined by Ibc Commission to be in (lei'mdt Lmder any of the provisions ot'this or any other Agreement whicil the Grantee has with tile (7()mmission~ or 8.26 Supplanling of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available anti appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes 8.30 I)isallo',ved Costs: In detemlining the amount o['the Grantee's payment, tile Commission ,.,,'ill exclude all costs incurred by the Grantee prior to the efl'ective date of this Agreement, costs which are not provided for in the latest approved budget ti'~r tile Project, costs which are not within tile statutory criteria for the Transportation Disadvantaged Trust Fund. and costs attribulable to goods, equipment, vehicles or sea, ices received under a contract or other arran.uements which bare not been approved in writing by the Commission or certified by tile (Jrantee, pursuant t, [".xhibit "C" 8.40 Invoices for (;oods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufticient for a proper preaudit and postaudit thereof' Failure to submit to tile Commission detailed supporting documentation with the invoice or request for prt~jcct funds will be cause fi}r the Commission to refi~se to pa)' tile amount claimed by tile Grantee until tile ('onmdssiorl is satisfied that the criteria set out in Chapter 427, Florida Statutes, Rtsle 41-2, Florida Administrative Code, and tile Application and Policy Manual for the Trip 8: Equipment Grant is met Trip & Equipmcnl ¢;rant Ag~ccmc.! 1')'~'~ 2iitl, Form Rev 5 19 99 Page 6 of I lg t'agc,4 8.50 Commission Claims: It; after project completion, any claim is made by the Commission resulting from an audit or lbr work or so,ices pertbrmed pursuant ~o this agreemenL thc Commission may oflgct such amount from paymenls due for work or se~'ices 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 ~o the Commission. Off,citing any amotlilt pursuant lo this section shall not be considered a hreach of contract hy the Commission. 9.00 Terminalion or Suspension or Project: 9.10 Tcrminatio,~ or Svspe~sio,, (;cnerally: If the Grantee abandons or, before completion, finally discontinues thc l'ro.jcct, or it~ by reason of any of thc events or cm~ditions scl fi~rlh in Section 8,20, or for any (~thcr reason, thc commencement, pr(~sCCt~tioH, Or timely completion of the lht~jcct by the Grantee is rendered improbable, infeasible, impossible, or illegal, thc Commission may. by written notice to the Grantee, suspend any or all offits 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. thc Grantee shall proceed promptly to carry otlt the actions recluired therein which may include any or all of the following: (I) necessaD' action to terminate or suspend, as thc case may be, I'mjcct activities and contracts and such other action as may be required or desirable to keep to the minimun~ the costs upon the basis of which the financing is to be computed; (2) fi~rnish a statement of the project activities and contracts, and other undertakings the cost of which are othe~vise includable as Project costs; and (3) remit to thc ('ommission such portion of the financing and any advance payment previously received as is dctemfined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall he carried out in confformity 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 thc Grantee to [t~rnisb the schedule, plan, and budget within a reasonable time, The acceptance o1' a remittance by thc Grantee shall not constitute a xvaivcr of any claim which the Commission may othcrxvise have arising out of this Agreement. 9.30 l'ublic Access to Records: The Corrm'fission reserves thc right to unilaterally cancel this agreement f'or refusal by thc Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisicms of' Chapter 119, Florida Statutes. and made or received in conjunctior~ with this agreement 10.00 Remission of i'roject Account Upon Completion o£ Project: LJpon completion anct 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. thc Grantee shall remit lo thc C.mmission its share of any unexpended balance in the Project Account II.00 Audit and Inspection: The Grantee shall permit, anti 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 I'roject, arid without notice '['rip ,~: Equipment Grant Aerccmc,t Form Re'. 5 19 99 Page 7 .f I g }';,ge~, 12.00 Conlract.softheGranlee: 12.10 Third l'arty Agreements: The Grantee shall not executc any contract or obligate itsel£in any manner requirh~g Ibc disbursement of Transportation Disadvantaged Trust Fund moneys, including transporlation operator and consuhant contracts or amendments Iherelo, 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 Statulcs, and Ibc roles promulgated by the Depaament off Management Services Failure to provide such ccnilicalion, upon the ('ommissitm's request, shall be sufficient cause fi)r' nonpayment by thc Commission as provided in I'aragraph 8 23 Thc (;rantce agrees, that by chlorine into this Agreement. it explicitly certifies that all of its third party comacts will be executed in compliance with 1/tis section 12.21) Compli:mce with (;onsultanls' (;omi}elitive Negotialion Act: It is undcrstotM and agreed by parties hereto that parlicipalion by Ibc ('ommissitm in a project wifll a Grantee. where the project involves a consuhant contract tbr any se~¥ice, is contingent nn the Grantee complying in fifll with provisions ,f Sect ion 287 055. Florida Statutes. Consultants ('mnpetitive Negmiation Act. The Grantee shall ccrtiCy compliance with this law to the Commission fi~r each ctmsuhant contract it enters 12.30 ('Oml)etitive Procuremenl: Procurement o£all services, vehicles, equipment (>r other commodities shall comply with the provisions oF Section 287 (}57. l:lorida Statutes. tJpon the ('ommission's request, the Gramce shall certiFv compliance with this law 13.00 Restrictions, Prohibitions, Controls, and lmbor Provisions: 13.10 Equal Emph~yment Opportunity: In connection with the car~,ing 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 timt employees arc treated during employment, without regard to their race, age, disability, creed, color, sex, or national origi, Such action shall include, but not be limited to, the following: I~mployment upgrading, demotion, or transtk'r: recruitment or recruitment adveaising: layoff or termination; rates of pay or other titans oFcompensation: and selection for training, including apprenticeship. The Grantee shall insert the Foregoing provision modified only ~o show the particular contractual relationship in all its contracts in connection with thc development of operation ofthe 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 available to employees and applicants for employment for Project work, notices setting tbrth the provisions of the nondiscrimination clause 13.20 Title VI - CMl Rights Act of 1')64: The Grantee must comply with all the requirements imposed by Title VI oFthe CMl Rights Act ot'196.1 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of thc Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohilfiled Interesls: 'Dip & Equipmcnl (ir;mt Ai2rcemcm I'~'m [:,tm Rev. 519 99 Page g ,',1' I ~ I)agc, 13.31 Gourmets or I'urchases: Unless at|~,horizcd in writing by the Commission, no o~]ccr of the (3ranter, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rem. or lease any rcahy, goods, or services for the Grantee from any business entity of which thc officer or employee or thc officer's or employee's business associate or spouse or child is an otl~ccr, partner, director, or proprietor or in which such officer or cmt~loycc or thc officer's or clnploycc's spot:sc or child, or any combination of them, has a material interest 13.32 llusiness ('onllicts: th'dess authorized in xvritin~ by thc (7ontlnission. it i~ uill,~xvl~l l;~I an otl]ccr tlr' employee et'thc (iranlcc. tlr for itnv Ct~lllpall.~,, corporation, tlr lirm in x~bich an otlicer el cmplo>'ec o£thc (}rantcc has a tinancial interest, to bid on, enter into, or be personally interested in thc purchase or thc ftlrnishing of any materials, services or supplies to be used in_the s. volk of this agreement or irt thc performance of any other work for which the (irantee is responsible 13.33 Sol;elint;oas: No otticcr or employee {if thc (irantec shall directly o~ intlil cclly s~licit ~i accept t'tllldS [~rolll ix;Iv pt:fsi}fl x'.ho hits, maintains, t,T seeks bLlSillc.q.s relations xvith thc (illtllt¢C 13.34 Former I'~ml~loyees - Contrnclunl Services: tJnless aulhori×¢d in xvlitiiLu by thc ('ommission. no employee oV Iht (;rantce shall, within I year after retirement or terminati~m, have or hold any cn~ployment tlr contractual relationship xvith any business entity in connection xvith any contract for contractual services which xvas within his tlr her responsibility while an employcc 13.35 Former Employees - Consulting Ser'x'ices: Thc sum of money paid to a Ik~rmcr employee of the Grantee (luring the first year after thc cessation of his or her responsibilities, by the Grantee. tbr contractu~fl scad'ices provided to tile Grantee, shall not exceed thc annual salary received on thc date of' cessation ofhis or her responsibilities The provisions of this section may be waived by the (irantce for a partict~lar contract iFlhc Grantee determines, and the Comnfission approves, lhat stroh xvaix'er will result in signilicant time or cost savings fi~r the (irantee and the project. Thc C}rantcc shall insert in all contracts entered into in connection with this/\grccmcnt and shall require its contractors to insert in each of their subcontracts, the following provision "No membc|', otticcr', or employee el'the Cirantee during his tenure or for t,tlt.' xcar thereat'ret shall have any interest, direct or indirect, itl this contract tlr thc proceeds thcrcot'" The provisions of this section shall not be applicable to any agreement bet~vccn thc (.3rantee and its fiscal elopes;tortes, or to any agreement fi~r tltililv services the rates for xvhich arc lixcd or controlled by a (Jovcrnmcntal agency 13.4{) Non-~iiscrimination of Persons ~s, ;th I)is:,bilities: The Grantee and any off;ts contractors or their sub-contractors shall not discriminate against anvonc on the basis ora handicap or disability (physical. mental or emotional impairment) The Grantee agrees tit;il no funds shall be used to rent. lease or barter any real proper-ty that is not accessible to persons x,,'ith disabilities nor shall any meeting be held in any £acitilv unless the facility is accessible to persons with disabilities The Grantee shall also assure compliance with The Americans with Disabilities Act of 1OO(). as it may be amended t¥om lime 1o time Trip & l~qulpmcnl Form Re'.'. 5 '19 90 Page 9 of 1 8 J'agc', 13.50 i,oblLving l'rohilfition: No Grantee may usc any funds received pursuant lo this/,,greemcnt for the purpose of lobbying the Legislature, tile judicial branch, or a state agency No Grantee may employ any person or organization with funds received pursuant to this Agreement for thc purpose of lobbying the I~cgislaturc, the judicial branch, or a state agency. Thc "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; entcrtainmcm: and telephone and telegraph; and association dues 13.61) Public Entity C,'imes: No Grantee shall accept any bid from, awarct any contract lo. or transact any business with any person or affiliate on the convicted vendor list for a period of 36 monlhs fi'on~ the (late that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed fi'om thc list pursuant to section 287 133. Florida Slalutes. 1'he Grantee may not allt,x~ such a person or aflSliate to perform work as a contractor, supplier, subcontractor, or consultant under a conlraCl with the Grantee. If the (iran(cc was transacting business wilh a pc(son at the time of thc commission ova public cntitx crime which ~csulted in that person being placed on thc 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 lbo same. contrt~J as thc pc(son whose name appears on the coilviclcd vendor list so long as that person's name appears on thc convicted vendor list 14.00 IMiscellaneous Provisions: 14. I 0 Environmental I'olh,tion: All l'roposals. Plans, and Specifications for the acquisition, reconstruction, or improvement ofvchiclcs or equipment, shall show that such vehicles or equipment arc equipped to prevent and control environmental pollution. 14.20 ('.7onlnlJssion Nol OI)ligated Io Third Parties: Thc Commission shall not bc obligated or liable her(under to mi;' party t,thcl (Mn thc (}rantcc 14.30 When Rights and Remedies Not Waived: In no event shall the making by thc Commission of any payment to tile Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any dcfat,h which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or defauh shall exist shall in no way impair or pr,~udice any right or remccty available to tile Commission fi'~r such breach or defat, h. 14.40 flow (7onlract Affected lly l'rovisions Being lleld Invalid: If any provision ofthis Agreement is held invalid, thc provision shall be severable and thc remainder of(his Agreement shall not be affected. In such an instance thc remainder would then continue lo coati, tm to the terms and requirements of applicable law. 14.50 Bonus and (;ommissions: By execution ofthe Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or comm}ssion for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 SIIlIc or Territorial l,aw: Nothing in tile Agreement shall require the Grantee lo observe or enforce compliance with any provision thc(eot; pcrtbrm any other act or do any other thing in contravention of any applicable State or federal lax,.': F'rovided. that it'any oF(he prm,4sions of the Agreement violate any applicable ]'rip & t']quipmcnl (;rani Agrccrncnl I'lq'~ 21}t~ Form Rev. 5/19 99 Page 10 ol I,X I'agc,, State ()r federal law, the Grantee ,,viii at once noti£y thc Commission in writing in or(Itt that appropriate changes and modifications may be made by the Commission and the Granite lo the end Ihat the Grantee may proceed as soon as possible with the Project 14.70 i'urchased Vehicles orEqvipment: 14.71 Maintenance of Purclmsed Vehicles or Equipment: The G~anlcc ;~grccs to maintain thc vehicles and equipment purchased or financed in whole or in part pursuant to this Agreement in good working order fi~r Ibc uscfid lil~ o1' thc vehicles and ecluipmcnt. Thc (~ranlcc ;tgrccs not lo make alterations or modifications to thc equipment or vehicles without thc consent or'iht Commission Any lease or assignment oFopcrational rcsptmsibility oFpmjcct vehicles and equipment is not allo~ved unless approved in writing by the Commission 14.72 t;tilization: '['he Grantcc agrccs to assure that all Project equipment and vehicles, whether leased or purchased, are used to meet the identified transpo~ation needs of thc non-sponsored and in support cd'thc service plan established under thc provisions off Rule al-2, Florida Administrative Code, to sea'e thc transporlation needs oFthc transportation disadvantaged of the area l,cascd and purchased Project equipment and vehicles shall be operated to their maxhnum possible clt~ciency, Purchased vehicles and equipment will be used lbr the period of their usefil] lives in accordance with the most current Commission policies. Thc 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 Iocati(m at a mutually agreeable time Reimbursement ofanv equity or interest of'thc Grantee will be made after another party has assumed thc 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 off the Grantee's interest and reimbursement. As determined by thc ('ommission, failure to satisfactorily utilize vehicles and equipment which are leased with PrQecl thnds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25 14.73 l)islmsal or l'urch:~sed i'roject Eq.ipment: Useful life of capital equipment is defined in the Commission's Capital Equipment Proce(h~re as incorporated herein by rct~rcnce The fi~llowing applicable process must be used prior to disposhivn of any capital equipment purchased with these grant ffmds: a) While thc 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 off any equipment purchased or financed in whole or in part pursuant lo this Agreement, including vehicles, during its usefi~} lil~, fi, r any purpose Proceeds from thc sale of purchased prQect equipment and vehicles shall bc documented in the project file(s) by the Grantee. With the approval of tim Commission, these proceeds may be re-invested for any purpose which expands transpo~ation disadvantaged services tbr thc non-sponsored. If the Grantee does not elect to re- invest for puq~oses which expand transportation disadvantaged se~ices, the gross proceeds from sale shall be relhnded to the Commission in the same pa~icipation percentage ratios as were used to fired the original purchase Trip ,~ I-iquipmcn! (;ran! A~rccmc,l I '"~'~ 2' Form Rev. 519 99 Page Il b) The pt,rchase of all vehicles and cqt,ipmcnt financed in whole or in part pursuant lo this Agrecmcnt shall be undem~kcn by the Granlee on behalf of lhe Floricla (;ommission for the Transportation Disadvanlaged in accordance with State regulations and slalutes. Title to any vehicle purchased ;~'ith Project funds shall be in thc name of thc Grantee. stfl~jcct to lien in favor of the Commission The Commission will relinquish all interest in the x'dficles and equipment when it has reached the end of its uselifl lilb and at this time the Commission will sali~tK' its lien of record c) When a Grantee is no longer an eligible recipient of trip and equipment grant ti,ntis and no k~ngcr a ('ommission approved Community Transportation (~oordinamr. thc capital equipment with tlscful life purchased with these grant funds must be transferred to an eligible recipient in accordance with fl~e Commission's Capital Equipment Procedure or the Commission 1.80 Accidents: Any accident involving leased or purchased vehicles, or vehicles undc~ conttacl bctxvccn the ,mnlunity Iransportatitm coordinator and a transpollatitm operator or coordination contractor paid in whole or pan with lmst fi~nd money, must be reported to thc Commission {ccidents involving a Fatality or fatalities must be reported to the Commission not more than 24 hours after the ~nmmnitv transpom~tkm coordinator becomes axvarc of the l~ta] accident. Any other accident, those noI involving ~atality or fatalities, with over 5500 in property dam~ges, must be reported to the Commission not more than 72 mrs after the commtmitv transpoNatJon coordinator becomes aware of the accident. :)pies of any accident reporls prepared or received by file community transportation coorclinat~r as a resuh of any :cident must be sent [o the Commission upon receipt or preparation of thc report 00 Plans and Specificalions: In the event thal this agreement involves thc purchasing of'capital equipment ' major components thereof, upon the Commission's request the Grantee shall submit Io the Cornrnission. :rtification that all such equipment meets or exceeds the requirements as identified in Exhibit "A" Fnilure to abide this requirement shall be sufficient cause for nonpnyment by the Commission as provided in l'aragraph S 23 .00 Co~llr;lclual Indemnity: To the extent permitted by lax,.', the Grantee shall indemnify, defend, save. and ~ld harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands. td liability of any nature whatsoever arising out Gl: becat,se of. or due to breach of thc agreement by the Grantee 'its subcontractors, agents or employees or dut.. lo anv negligent act. or occurrence ofomissicm or commission the Grantee, its subcontractors, agents or employees Neither the Grantee nor ans' of its agents ,.,,'ill be liable der this article for damages arising out of injury or damage to persons or property directly caused or resulting )m the sole negligence of the Commission or any of their officers, agents or employees The parties agree that is clause shall not waive the benefits or pr,:wisic, ns of Section 768.28, Florida Statutes or any similar provision 'law. Notwiti~standing the foregoing, pursuant to Section 76828, Florida Statmes, no agency or subdivision of ;tare shall be recluired to indemnit3', insure, or assume any liability for the Comrni,~sion's negligence .00 Approl)rintion of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent t, pon an annual appropriation by the Legislature ~& J'~quipmenl (}rant Agrccmenl iq")9 ?)Ot,~ Re,,' ~ 1990 17.20 ~lolti-Year {:ommitment: Whereas the Commission is created in the Florida ~cpanmcnt of 'l'ranspo~lation (l)cpa~lmcnt) and assigned Io thc Sccrcta~ of the Florida Dcpartrncnt of'Fransponation for administrative and fiscal accountability purposes, in thc 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 Thc l)cpartmcnt, during any fiscal ,,'car. shall nol expend money, incur any liability. ~r enter into any contract which, by its terms, involves thc expenditure of money in excess of thc alllOtmts budgeted as available t~r cxpunditorc durin~ stroh t]scal year Any contract, verbal or written, made in violation of tt~is subsec6(m shall be null and void, and no money may be paid on such contract, The Department shall require a slalcmem frtm~ thc complroiler of the [)eparmmnt theft ['tmds arc available prior to entering into any such conlracl or other binding commitment of fimcl~ Nothing herein contained shall prcvcnl thc making of contracls for periods excecdin~ one year, t~t~l any contract so made shall be cxcculo%' only for the value of thc sca'ices to be rendered or agreed ~o be paid for in succeeding fiscal )'cars, and this paragraph shall be incorporated verbatim in all contracts of the l)cparttnem which are ft~r an amount in excess ofitwcntv-five thousand dollars ired having a term for a period of more than one year" In tile event that this Agreement is for more than one year, this Agreement may be rencxvcd on a yearly basis for a period of up to 2 years after the initial Agreement or for a period no longer than thc term of the original Agreement, whichever period is longer, on the condition that renexvals shall be contingent upon satisfactoD' performance evaluations by the Grantee and is subject to thc availability of funds The Commission's pcrCormance and t~bligalion to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by thc l.cgislaturc. 18.00 Expiration of Agreement: The Grantee agrees to complete thc Project on or bcIbre , June 3.0. 2000 If tile Grantee does not complete tile Project ,,vithir~ this time period, this agreement will expire unless an extension of'thc time period is granted to the Grantee in writing by the Chairperson o£the Commission for thc Transportation Disadvantaged or designee Expiration o£ this agreement ,.,,'ill be considered termination of' tile Project and the procedure established in Article 900 of this agreement shall be initiated. For thc purpose of this Article. completion of project is defined as thc latest date by which services mav have been provided or equipment funds ma)' have been expended or ~,bligatcd under a purchase order, as provided in the project description (l:~xhibit "A"). Unless otherwise extended by thc Ctmm~ission. all reimbursement invoices must be received by the ('ommissior~ no later than 90 davsaftcrthcexpirationdalet~Fthisagrccmcnt 19.00 ,,\grceme~! Form:it: :XII xvords used herein itl the singular f'orm shall cxtcnd to and include tile plural All xvords used in thc plural form shall extend to and include thc singular. All ,.%'ords used in any gender shall extend to and include all genders 20.00 Execution of A~recment: This agreement mav be simuhancouslv executed in a minimum of two counterparts, each o1' which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument 21.00 Vendors Righls: ',.'cndors (in thi..; dr,cement identified as Grantee) providing goods and services to the Commission ,,,.'ill receive payments in accordance with section 215.422, Florida Statutes The parties hereto acknowledge Section 215422, Florida Statutes. and hereby agree that the time in which the Commission is required Trip & [~quipmcn! ]:orm [?..c~.. 5 19 9') 1';~8e 13 o1'18 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 ( I 1 ) working days. The Florida Department of Transportation has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. 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 pa5' all subcontractors their proportionate share of payments received fi'om the Commission. Ifa 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. Thc interest pcnahy provision applies after a 35 day time period to health care providers, as defined by role. Interest penalties of less than one (1) dollar will not be entBrccd unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay itl the payment The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman [las been established within the Commission of' Banking and Finance The duties of this individual include acting as an advocate fi~r vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. ]'lie Vendor Omlmdsman may be contacted at (850) 488-2924 or by calling the State Comptroller's liotline, 1-800-848-2924 Trip & Equipment Grant Agrccmcnt I c~')~) 2000 Fc~rm Rex'. 5,'19 99 Page 14 ofl~ FM/JOB NO(S). 20724018401 16 9 CONTRACT NO.. &t4 AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. COMMISSION FOR TIlE TRANSPORTATION DISADVANTAGED TITLE: ACRES'[: DWIGHT E. BROCK, CL~K Attest as to Chlt~n's NOTARY :?.,..~ %,.... Erin K. Scheper? °'.,.~._.. :*: ':i,: ;~/ O~ern/:~r 21. 200t DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM DEPARTMENT OF TRANSPORTATI()N) Junc 14. 1999 Trip & Equipmenl (;ran! Agrccmc. I 1999 2000 Form Rev. 5/1999 I'age 15 .fig Pages FM/JOB NO(S). 20724618401 CONTRACT NO, EXtlIBIT "A" I'ROJECT DESCRIPTION AND RESPONSIBILITIES TR! P/EQU 1 PM ENT This exhibit forms an integral part of that Grant Agreement, dated 4-"~;~ _c3 ICl .19q ~ between thc State of Florida. Commission tbr the Transportation Disadvantaged and_Collier County Board of County Commissi~crs. 3301 ~mi:Trail g~,.Uaplcs. Florida 34112 I'ROJECT I.OCATION: Collier PROJECT DESCRIPTION: To purchase passenger trips and/or 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 Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on March 31, 1999. 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, i:lorida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in the approved se~'ice plan pursuant to Rule 4 I-2, Florida Administrative Code. Capital equipment will consist of: SPECIAl. CONSIDERATIONS BY GRAN'I'EE: All project equipment or vehicles shall meet or exceed the applicable criteria set fonh in the Florida Depanmem of Transportation's equipment specifications, "Guidelines for Acquiring Vehicles" dated October 1993 (or as updated), "Pan I, Bid Documents," dated July 1995 (or as updated), and "Part 2, Specification Guidelines for Specialized Vehicles," dated July 1993 (or as updated), or criteria set forth by any other federal, state, or local government agency SPECIAL CONSIDERATIONS BY COMMISSION Trip & Equipment Grant Agreement 19992000 Form Rev. 5/19/99 Page Iff of18 Page~. 16 9 FM/JOB NO(S).:. 207246184(!! CONTRACT NO. EXliiBIT "B" PROJECT BUI)GET AND CASll FLOW This exhibit forms an imc.gral pan of that certain Grant Agrccmcnt between Ibc Florida Commissio, for the Transpoflation Disadvantaged and ~~ County Boar~~y Commissioncrs~ 3301 Tamiami 'l'ri~Lt. East. Naples. Florida )4112 ,, dated ~o1.~ I ct ~ iCtC~C'l PROJEC/F COST: Estimated Project Cost shall conform to thosc eligible Costs as indicated by Chapter 427. Florida Slat,les. Rt,lc 41-2. Florida Administrative Code. thc most current Commission policies and thc Application and Policy Manual for thc Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on May 19. 1999 Trips shall be purchased at thc farcs indicatcd in the approved service plan pt,rs,ant to Rule 4 I-2, Florida Administrative ('adc Nero-sponsored Trips $398,093.00 Ii. TOTAl, SOl)liCE OF FUNI)S: Commission for thc Transportation Disadvantaged Stale Ftmds (no morc than 90%) Local Cash Funds Vo[unta~' Dollar Contrib,tions Monctar)' Value of In-Kind Match Total Project Cost $398.093.00 358.284.00 39.809.00 $ 398.093.00 III. I)ISBURSEMENT SCilEI)UI,E OF COMMISSION (State) FUNDS ( $ x 1000) Jtll Atlg Scp Oct No's I)CC Jar! Fcb, Mar FY 99/00 FY Apr Ma', Jun 29.857 29.857 29.857 2').587 2'~.857 29.857 29 857 29.857 29.857 29.857 2!).857 29.857 Trip & Equlpmcnl ¢;r:m! Agrcemc,1 199q~2000 Form Rev. 5/I 9:99 I'agc 17 of 18 I'ago~ FM/JOB NO.__2072461X 4J9_1 CONTRACT NO. ,:4 i-tl2c, ) EXlllBIT "C" TR I I'/EQ i iIl'M ENT This exhibit forms an integral part of that certain ('}rant Agreement between the FIc, rida ('ommission for the Transportation Disadvantaged and Collier ('¢mnty Board of County Commissioners. 33(.U_Tamianfi 'Frail East. Naples. Florida 341 L2 dated __._.~'! %i ic,~ , !c~ttq 'l't IE GRANTEE SI IAI,I, RETAIN AND/OR SIIBMIT TIlE FOI.LOWING REQUIRF. I) I)O('UMENTS AND CERTIFI(bVrlONS: DOCUMENTS: Submit an audit report, based on the agency's records, in accordance with Section 7o0 of this Agreernent. Submit invoices for goods and services, with detailed supporting docume,~tatkm, in detail sufficient for a proper preaudit and postaudit thereol~ Retain, and upon request, submit drivers' manifests, with st.pporling detailed documentation, in detail st, fficient for a proper preaudit and postaudit thereof _CLg R'T! F I C,'VI'I O N S: Certification of Equivalent Sea'ice in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act of 1090, as amended. Said certification shall accompany any reimbursement request for vehicles and shnll t,se the Commission approved format THIRD I'ARTY CONTRACTS: The Grantee must certit;v to all third party contracts pursuant to Section 12. I0 except that written approval is hereby granted for: Contracts fi~rnishing contractual services or commodities front a valid State or inter-governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Sen'ice Plan as set forth in section 287.042(2). Florida Statutes, and in Rule 41-2, Florida Administrative Code. 2. Contracts fi~rnishing contractual services or commodities less than $15,000 3. Contracts for consullant services less than Trip & Equipmenl (;rant Agrecm¢.t 10o'}'2flgo I:,~rm Re",', 5/19 99 Page I g of' I S EXHIBIT A COMMISSION FOR THE TRANSPORTATION DISADVANTAGED GRANT APPLICATION INFORMATION FORM CONCERNING THE TRIP/EQUIPMENT GRANT P ROG RAM I. I)A'I'I.i %IIBMI'I I I!1): 2. l,l,Xb\l. NAMI,i ()1.' AI~Iq.I('ANI': Collier County .I. I:I~I)I.TRAI. II)l!N'l II,'I('ATI()N NIINII~ER: 59-600055~, 4. ,,XI)I)RI.NS: 3301 East 'l'amiami Trail 6. 7. 9. l la. (TI'Y AND STATI(: N~)plcs, I:loFj&~ ,, . ('f)NT:\("I' PI-TR,Nf )NFf )R TI IlS (iRANI': ( iavin Jones PI I()NI:. NI ;MBI!R: 941-40o-_41)0 I!-MAII. ,,\I)I)RI!NS:,, gavh!ionesq; collicrgov.net ,":, t ;.H ¢ $ 3561.2~4 l,ocal $ 39.g09 TO*I'AI, S 39,~.093 Ilo. VOI.I;N'I.,\RT I)()I.I.:\RS RI!QI 'l!S'l'l!l) ~tate $ l.ocal In-Kind TOTAl, ZIP C()DI!: 34112 lib, -, ( FAX NtIMI½F. R: 941-64a-6)68 Trip & Iktuipmcm (;rant ApplicaUon 1999/2000 Form Rev, 5,"19,'99 ('oilier ('ounty liNI)IN(; I),,Vl'li: {')6-3()-()() PI.,,\NNIN(~ FtINI)IN(J AI.I.O('ATI()N 'IRANSFF. RRF. I) TO TRIP ($RANI' Slate Grant Applica6on Page 16/19 12. I hereby certify that this document has been duly authorized by the governing hod>' oflhc applicant, and the applicant intends to complete the prqject, and to comply with an5' attached assurances if Ibc assistance is awarded. Pamela S. Mac' Kic. Chair\roman 'I'YPIiD NAME ()F At.rH I()RIZI!D RIiPRf~'IVI'; AN~q'I)'I'I'1'I,t:, APPR()VI';.D AS TO FORM AND I.I';GAL SUFFICII~NCY l)~vid C. Wcigcl. C{;'tmt)c. A4tt racy ATTEST: I)WIGItT E. IIR()CK. {.'I.I'~RK sl~ture 13. NOT REQIr[I{I.~I) II-' ()NI,V TRll'S ARE PIIRCliASEI) I hereby certify flint this grant has been revicxved and approved in its entirety by the ..................................................... County Coordinating Board. I)A'I'I~ Trip & Equiprncnl (;ranl ,Application 1999/2000 Form Rev. 5/I 0,'09 Grant Application Page EXtiiBIT B I'I~OPOSEI) I'I{.O,IECT AND FUNDING I. l'roicct I)¢scription and .Norl-sponsorcd trips (.'al',iml cquipn~cnl S .... 3.98,093 I. $ (' ('('ullir'l~cnc) $ 11. FundhLg, I'anicipati~m 'l'otal Pro col ('os! $ .39g,093 ('ommission fi~r Iht Transportation l)isadvanlagcd .qlatu Fund.., FL ('ash l.ocal Xlatch ('. Volunlnrv I)ollnr I)..XI;.tlch fi~r 'Vohmt~r3 I)olh. ir $ S 358,284 38,809 (If in-kind..~,~ .',;1~11¢ xvith monetary, value) Ii. Total i)ro.ject (,()st $ , 398,093 I11. ILstimatcd cash-Ilokv of I"Y gg/00 S'FATE grant funds only ($ x 1000) ()nj,,' complele this sec/ion if desired cash flow is different than one lwelfth of s/ale funds per monlh. 1"Y99/00 I"h'()O/O l Jul ,'\ug ,~cp ()ct Nov I)cc .liill Feb Mar Apr May .)t,n Trip & [-;quipmen! (;rant Applicnlion 199012000 Form Rev. 5'19/99 Grant Application Page 3 EXHIBIT C RESOLUTION NO. 99- 26~, A RI~SOI,UTION OF TIlE COLI.IER COUNTY BOARD OF ('()UNTY COMMISSIONERS (APPI.ICANT). I IF. RF. INAF'FFJ,I. BOARI), AUTi IORIZING TI IE FII.ING OF A TRANSPORTATION DISAI)VANTAGED TRUST FUND GRANT APPi. I('ATION WITII Till'.' FLORIDA ('()MMISSION Ff)R TI IF. TRANSPORTATION I)ISAI)VANTA(W.I). UTterea.s', this Bf)ARI) has fin: ;,t,lhorib lo file a 'l'ransporlation l)isadvantagcd 'l'rus! Fund (;ranl Application and m undertake ;0 Irimsporlation disadvanlaged service projec! as at,lhorizcd b.,, Seclion 427.ol 5% Florida .qU. ilules, arid Rule 4 I-2. I"lorid;, Adminislrafive ('ode: NO~,~, TIIEI{EFOI{I';, lie IT RE.";OI,VEI) by lh¢ ('oilier ('ounty Iioard of('ounl.x Ihc I~,().\RI) ha~ tile auflmrily m file Ihis granl application. I'hc BI )ARI) ;mthorizcs I'~~ ~c('hai voman Io file and c×ccut¢ tile application on behalfoflh¢ ('oilier County Board of('ountv ('omnfissiJmers with tilt: I:lorida ('ommission tbr the Transrmrtafion Disadvantaged. l'hc I~,()ARI)'S Registered Agent in Florida is l)avid W¢i ,el 'o tv Attorney Thc Registered Agents address is 3301 I{a~c,~ I"lorida 34112 __ Ihc tI().,\RI) ;,mhorizes Pi, m¢l:l S. Mac'Kie ( I' ~airwoman to sign an)' and agrccn~cnts or contracts which arc required in connectio,1 with Ihe application. Iht I~{ L,\RI) authorizes (ia~ in .hines lo sign any and all assurances, rdmburscmcnt inv,dccs, xxarranlics, ceailications and any other documents Milch may be required in conncctim~ with the application or subsequent agrccmenls. I)lff. Y PASSI'.'D AND AI)¢)PTI!I) TI APPROVED AST() F()RM AND l)avid ('. Wcigcl. ('ounb' Alt~ey l'rip & liquipmcnt (iran! Applicalion 1000 2000 J:orm R~s,', 5119'g9 Grant Application Page 4 EXHIBIT D STANDARD ASSURANCES 'l'h¢ rccipicn! hcrcbx assures and ccrtil]cs lhat: (I) 'Ibc rccipicm ,,kill comply with thc federal, stale, and local statutes, regulations, cxcculivc orders, and admini~tratix c requirements x~t~ich relate to discrimination on the basis of race. color, creed, religion. sex. a~c. and handicap xxith respect Io cmplo)mcnt, service provisi.n, and procurcmcm. l~ulqic and pti,, ate I'-r-pr~fil. transit and paratransit operators have hccn tlr xx ill bc afl'tm, lcd a fair and limcl,, opportunit.', by thc local rccipicm lo participate to the maximum ¢×tent l'casiblc in linc planl,ing alld pr.k i.siou .f thc proposed transportation planning services. 'Iht recipient has thc rcquisilc fiscal, managerial, ami IcL-mi capacity ltl carry oul thc Transporlalion I)isadvamagcd I~rogrm'n and lo rcccix c and disburse State funds. Iht recipient intcmt,, Io accomplish all lasks as idcnliliud in this grant applicati~m. '1 ranspormli,,n I)isadvanlagcd 'l'rust I"unds '.~ ill n~l bc used lo supplanl or replace existing lcdcral. :qab.:. or h)cal go'., cFnrncn[ J'[llld,s. 6) ('apital Ctluipmcnt purchased Ihrough this grant meets or exceeds the criteria scl Ibrth in thc Florida l)cpartmcnl of I'ransportation's cquipmcnl spccilicafions. "(;uidclines Ibr Acquiring Vddclcs" dated ()ctobcr 1993 (or as upchtlcd ). "Part I. Bid l)-cumcnts." dated July 1905 (or as updated), and "Part 2. Npccilicali~m (iuidclincs lbr Specialized Vehicles." dated July 1993 (or as updalcd), or criteria set fl)rlh by ;lllk ~)lllcr It'dcnd. slate. (~r h)caJ goxcrnrncnl 7) ('al'dlal CCltlil'mlcnl or ctmsullant scrx ices purchased through this ~ralll compl) x,, ith thc competitive procurement rcquircmcnls of('haptcr 297 and ('haptcr 427. Florida S~atules. ¢'apiml cquipmcnl purchased ,0.'ith grant funds ,,','ill he Year 2000 compliant. No purchases vdthou! ccrtil]calion J'FOlll Iht vendor will he approved for r¢imhursemcnl. If capitol cquipmcnl is purchased imlividuals xvilh disabilities, includin~ individuals Mm use ~,vheclchairs. is equix alcn~ lo lhe lex cl and quality ol'serx icc ol'fcrcd cmirclv, i,, pn,,. idcd in thc most intcgralcd scuin~ I'casiblc and is equivalent v, ilh rcspcc! to: (a) response Iii'nc. Ibl [hres. lc} ~c%uraphic scrx icc area. (tit h,,ur~ and daxs of service. ri rip & hquipmcnL (iranl ,.'MH~lical,m Iq99 21)(}0 Grant Applicalion Page Form Rex'. 5 'l 9'90 restrictions on trip purpose. availability of infi~rmation and reservation capability, and c.ntract.s ~m capacity or service availability. c) ltl accordance with 49 ('I:R Part 37. public entities operating demand responsive systems for the general public which receive tinancial assistance under Sections 5310 or 531 I of tile Federal Transit Adminislrati(m (FTA) have filed a certification with the appropriate .state program office before procuring any inacccssiblc vehicle. Such public entities not receiving FTA funds have also filed a ccrtilication with tile appropriate progran~ office. Such public entities receiving FTA funds under any (uher section of tile FTA have tiled a ccrtilication with thc appropriate F'I'A re~2i~mal office. I'his ccrtilicati(m i~ valid for no h)ngcr than tile contract peri()d fi)r xvbicll thc k~ralu application is filed. Trip & I:quipmcnt (Jranl Applicalim~ IggC~:200(! J:orlll R¢~,', 5 Ig gg Grant Application I'agc 6