10/13/1999
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FORM 725-030-%
PUBUC TRANSP ADMIN
06199
Page 1 of 12
lTEM-SEGMENT-PHASE-SEQUENCE Fund: DU' DS Function: 656_ SAMAS Approp: 088774
25391319401 Federal No: Fl-531O-0024 SAMAS Obj. :790004
Contract No: AH 554 Catalog of Federal Domestic Assistance Org. Code:55062020629
Number:20-513 Vendor No:F596000749070
THIS AGREEMENT, made and entered into this 43 (3P day of ~ 19~,
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Monroe CoUn(y Social Services Transportation
5100 College Road. Winl: 111. Public Service Building. Key West. Florida 33040
hereinafter. referred to as the AGENCY.
WIT N ESE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 341.051(1) (a) , Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide one (1) Bus (B on.'C)
to transport elderly and disabled persons.
.and as further described in Exhibit(s) A,B & C attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner hi which the
project will be undertaken and completed.
'";'1: 'A1HnOJ 30~HOW
':0 'H13 '}i13
31)VH10~ " AHNva
20:2 Wd 8- 03066
OH033H HOJ 0311.:J
FORM 725-030-06
PUBLIC TRANSP ADMIN
06/99
Page 2 of 12
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the,
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such;
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40' Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating to the project as the Department may require as listed
in Exhibit "e" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $42,000.00 . This amount
is based upon the estimate summarized in Exhibit liB" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in
the project in the amount of $37,800.00 as detailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project
is scheduled to be committed;
Availability of funds as stated in paragraph 17.00 of this Agreement;
Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
(b)
c
(d)
4.20 Front End Funding: Front end funding is not applicable. If applicable, the Department may initially pay
100% of the total allow(!.ble incurred project costs up to an amount equal to its total share of participation as shown in
paragraph 4.00.
5.00 Retainage: Retainage is not applicable. If applicable, _Nt A percent of the Department's
total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's
discretion, on or before the completion of the final project audit.
FORM 725-030-06
PUBUC TRANSP ADMIN
06/99
Page 3 of 12
6.00 Project Budget and Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and
is approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. PaYment will be made for actual
costs incurred as of the date the invoice is submitted with the fmal payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account
shall be made available to the Department upon request any time during the period of the Agreement and for three years
after final payment is made.
7 .20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively referred
to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project
funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit
of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed
by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
: contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
.'
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which
is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then
on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
FORM 725-030-06
PUBUC TRANSP ADMIN
06/99
Page 4 or 12
7.60 Audit Reports:
1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number, and year, and name of the federal agency. State grant and aid funded grants are to be identified
with the Financial Project Number (FPN) and contract number.
2. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600,
Rules of the Auditor General.
3. For fiscal years beginning after June 30, 1998, the reporting packages and data collection fonns are to be submitted.
within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's :
(Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by
the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data
collection form.
4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation
of a summary schedule of prior audit fmdings and a corrective action plan for current year audit findings.
5. Project records shall be retained and available for at least three years after the final payment. Records related to
unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is
resolved.
Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall
be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of
the Auditor General shall be sent to:
State of Florida Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and
will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any
accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest
in the lost equipment, or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
FORM 725-030-06
PUBUC TRANSP AD~IlN
06/99
Page S or 12
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency 'shall file with the Department
of Transportation, District Six Public Transportation Office 602 South Miami Avenue Florida,33130-3016 _ its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined
in paragraph 7.10 hereof) to justify and support the payment requisitions. '
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The
Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property together
with any attendant relocation of occupants was accomplished in compliance with all federal laws,
rules and procedures required by any federal oversight agency and with all state laws, rules and
procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations:, Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the perfonnance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to
the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project
which, under this agreement, requires the approval of the Department or has made related expenditures or incurred
related obligations without having been advised by the Department that same are approved;
..
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
,herein; or
8.25 Default: The Agency has been detennined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance
to the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
FORM 72S~30-06
PUBLIC TRANSP ADMIN
06/99
Page 6 of 12
approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements
which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due
for work or services done under any public transportation joint participation agreement which it has with the Agency owing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
9.00 Tennination or Suspension of Project:
9..10 Tennination or Suspension Generally: If the Agency abandons or, before completion, fmally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected,
or the Department may terminate any or all of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Tennination or Suspension. Upon receipt of any fmal termination
or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required
therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case
may be, project activities and contracts and such other action as may be required or desirable to keep to the
minimum the costs upon the basis of which the fmancing is to be computed; (2) furnish a statement of the project
activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3)
remit to the Department such portion of the financing and any advance payment previously received as is
determined by the Department to be due under the provisions of the Agreement. The termination or suspension
shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Depamnent or upon
the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule,
plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of
federal [mancial participation in the project shall not constitute a waiver of any claim which the Department may
otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to th~ Department its share of any unexpended balance in the project account.
,11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
'12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds,
including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with
respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient
cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself
FORM 72S-03~
PUBLIC TM,NSP ADMIN
06/99
Page 7 of I:!
the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the
same.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency
will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation
Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts
fmailced in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part
23, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged Business
Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their
contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance
of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for 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. When the project involves installation,. construction,
demolition, removal, si!e improvement, or similar work, the Agency shall post, in conspicuous places available to
,employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisiQns of the nondiscrimination clause.
13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78
Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,
42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, religion, sex, d~sability and familial status.
FORM 725-030-06
PUBLIC TRANSP ADMIN
06/99
Page 8 of 12
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes
a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal
government issued thereunder, and the assurance by the Agerr:y pursuant thereto.
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with tile project or any property included or planned to be included
in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has
any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had
acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency"
the Agency with prior approval of the Depamnent, may waive the prohibition contained in this subsection: 'Provided, thac
any such present member, officer or employee shall not participate in any action by the Agency relating to such contract,:
subcontr~ct, or arrangement. The Agency shall insert in aU contracts entered into in connection with the project or any
property included or planned to be included in any project, and shall require its contractors to insert in each of their
subcontracts, the following provision:
"No.member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof. "
The provisipns of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to tile Congress of the United
States shall be admitted to any share or part of the AgreemeDl or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by
the Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Depamnent for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Depamnent shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Depamnent of any breach of covenant or any default which
may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or
default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such
breach or default.
.14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms' and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perfonn any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once
FORM 725-030-06
PUBLIC TRANSP ADMIN
06/99
Page 9 of 12
notify the Department in writing in order that appropriate changes and modifications may be made by the Department and
the Agency to the end that the Agency may proceed as soon as possible with the project. .
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period, of the useful life of
such facilities and equipment as detennined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physiCal inventories
and develop control systems as required by 49 CFR Part 18. when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use,
the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees
to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be detennined on the basis of the ratio of the Department financing of the facility or equipment
as provideq in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify. defend, and hold
hannless the Department and all of its officers. agents, and employees from any claim, loss. damage. cost, charge. or
expense arising out of any act, error. omission, or negligent act by the Agency, its agents, or employees during the
perfonnance of the Agreement,. except that neither the Agency, its agents. or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the perfonnance of the Agreement.
The parties recognize and accept the funding restrictions set forth in Section 339. 135(6)(a), and Section 129.07, Florida
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract
which, by its tenns, involves the expenditure of money in excess of the amounts budgeted.as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to entering into any such contract or other binding
comminnentof funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one
(1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years. Section 339. 135(6)(a) , Rorida Statutes.
(b) It is unlawfu1.for the Board of County Commissioners to expend or contract for the expenditure in any fiscal
year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total
,appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted for
any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which
is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court
in this state for the collection of same. and members of the Board of County Commissioners voting for and
contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess
indebtedness so contracted for. Section 129.07, Rorida Statutes.
When either party receives a notice of claim for damages that may have been caused by the other party in the
perfonnance of services required under this. Agreement, that party will immediately forward the claim to the other party.
Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim.
FORM 725-030-06
PUBLIC TRANSP ADMIN
06/99
Page 10 of 12
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for, approval all appropriate plans
and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the fmal
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The
Department, during any fiscal year, shall not expend money. incur any liability, or enter into any contract which, by its
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal
year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the comptroller of the Department that funds are available
prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
S~tember 30. 2002 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the District
Secretary.. District Six . Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Fonnat: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute
one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
FORM 'T'..5-030-06
PUBUC TRANSP ADMIN
06/99
Page 11 ofl2
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
cOIUlection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall
complete and submit Standard Form-LLL, "DisclosureForm to Report Lobbying, II in accordance with its instructions.
The Agency shall require that the language of this section be included in the,award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of 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.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the
invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers,
as defmed by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment.
Th~ invoice payment requirements do not start until a properly completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman maybe contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287. 133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids
on' leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the
, threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list. II
FORM 725-030-06
PUBLIC TRANSP ADMIN
06/99
Page 12 of 12
Item No. 25391319401
CFDA No. 20-513
Contract No. AH554
Agreement Date
/1. r23 ~Y/
IN WITNESS WHEREOF, the parties here to have caused these presents be executed, the day and year first above written.
AGENCY
"'-"- ,...,' ':.\~~
~",.'~~.u~_,r "',
FOOT
NAME:
l
ncumbrance Form for date of Funding
omptroller
BY:'_W!'/ he-lYYl1'YJ,a..
Ii (L., (V .(, V
I
.-
TITLE:
M A I/O r
- I
ANfo('( L KOLHAGE CLC;;K
b.O c..Qv~~
D:?UTYCLERJ( 10 - 13...Q q
RECYCLED PAPER II
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER-FIN ADMIN 03/99
------------------------------------------------------------------
------------------------------------------------------------------
RUSH
Reason for RUSH :
Advertise
Award
New
(Needed by
_/_/_ (date))
(Letting Date)
Supplemental
Court Order
Termination/Cert of'Comp
Renewal Correction
Overrun
x
LOA
Addition
Contract # AH554_ Contract Type _AH_ Method of Procurement G
Vendor Name Monroe County, Social Services Dept. Vendor ID
F596000749070
Has Written/Verbal Approval from a Participating Federal Agency
been received x Yes No
Fed Agmt Arnt$33,600.00State Funds$4,200.00 Local Funds$4,200.00
Beginning date of this Agmt: _9/30/99(Must be after fund approval)
Ending date of this Agmt: 9/30/02(Estirnate if necessary)
Execution date of this Agmt: _I_i_COnly on original agreements)
Has work been authorized to begin? Yes x No
Have standard financial provisions been altered by contract terms?
_Yes _x_ No If so, show Revision date;
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes x No
****************************************+*************************
Brief Description of Work/Comrnents:Purchase one (1) Bus (B on C)
to transport elderly and disabled. FTA- FL-5310 -0024
******************************************************************
ORG-CODE *EO * OBJECT * AMOUNT
(FISCAL YEAR)
*FIN PROJ or JOB # *FCT
(FUND) alpha
------------------------------------------------------------------
------------------------------------------------------------------
55 062020629 *11 * 790004 * $33,600.00
(99/00)
* 25391319401
(DU)
*656
------------------------------------------------------------------
55 062020629 *11 * 790004 * $4,200.00
(99/00)
* 25391319401
(DS)
*656
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx * $
(xx/xx)
* xxxxxxxxxxx
(xxxx)
*xxx
------------------------------------------------------------------
TOTAL AMOUNT * $37,SOO.00__ *
------------------------------------------------------------------
Originator: Ike' Mahmood
E-mail USERID(s)_PT629AM
DATE SENT:OS/27/99
PH/SC:452-5913___
* *'* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * "*' * * * * * * * * * * * * * * * * * * *
TO BE COMPLETED BY OFFICE OF COMPTROLLER
******************************************************************
BUDGET ENTITY 5590 CATEGORY
WORK PROGRAM VERIFICATION OK
ALLOTMENT YEAR 00
cr NEW 6S LINE 0001 0002
FUNDS APPROVED BY JOHN FAIN
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER
..o~~gad .
oallnq-
DATE CHECKED
DATE:
OS-30-1999
******************************************************************
ITEM NO. 25391319401
CFDA NO. 20-513
CONTRACT NO. AH554
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida Department of Transportation and' Monroe County Social Services
Transportation.
5100 College Road, Wing 111, Public Services Building, Key West, Florida 33040
dated
119V 2 3 1~
PROJECT LOCATION: Key West, Monroe County, Florida
PROJECT DESCRIPTION:
Purchase of one (1) Bus ( B on C ) to transport the elderly and disabled persons.
When procuring the vehicle, the agency will adhere to the following documents or as amended:
1) Guidelines for Acquiring Vehicles, dated October 1993
2) Bid Document Part I, dated July 1995
3) Bid Document Part IT; Specification Guidelines for Specialized Vehicles, dated July
1993.
Copies of the above referenced documents will be furnished upon full execution of this agreement.
The project will continue for the useful life of the vehicle as described in the "Vehicle Inventory
Management" Procedure No. 725-030-025-f or as may be amended in the future.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, WPI number and Job number and
the Federal Identification number, where applicable, and the amount of state funding action
(receipt and disbursement of funds) and any federal or local funding action and the funding action
from any other source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
September 1996
ITEM NO.25391319401
CFDA NO. 20-513
CONTRACT NO.AH 554
EXHmIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that 'certain Joint Participation Agreement between
the State of Florida Department of Transportation and' Monroe County Social Services
Transportation. 5100 College Road, Wing 111, Public Services Building, Key West, Florida
33040
dated NOV 2 3 1999
I. PROJECT COST: $ 42,000.00
Purchase of one (1) Bus ( B on C ) to transport the elderly and disabled persons.
TOTAL PROJECT COST: $42,000.00
n. P ARTICIP A TION:
Maximum Federal Participation
FTA (80%) or $33,600.00
Agency Participation
In-Kind ( %) $
Cash (10%) $4,200.00
Other ( %) $
Maximum Department Participation,
Primary
DS (10%) or $4,200.00
Federal Reimbursable (DU)(FRA)(DFTA)( %) or $
Local Reimbursable (DL) ( ) %) or $
TOTAL PROJECT COST $ 42,000.00
September 1996
ITEM NO.25391319401
CFDA NO. 20-513
CONTRACT NO.AH554
EXHIBIT "e"
(Section 5310)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State
of Florida Department of TransportaHon and Monroe County Social Services Transportation
5~OO College Road, Wing 111, Public Services Building, Key West, Florida 33040
dated
HOV 2 3 1999
This Agreement is in conformance with Section 5310 of the Federal Transit Act of 1991 as amended (49
U.S.C. app. ~ 5310) and chapter 341.051(1)(a) Florida Statutes.
The Section 5310 sub recipient (Agency) shall ensure adherence with all federally required certifications
and assurances made in its application to the Department for Section 5310 funds.
Transportation will be provided to elderly and disabled clientele with dignity and respect.
The Agency shall maintain the Department as a named "certificate holder" on the insurance policy for the
vehicle[s] during the time period the Department is the only lien holder. The Agency shall
be responsible for providing or having its agents provide the Department with proof of insurance during
this period.
All accidents involving the vehicles shall be reported to the Department's district office within five (5)
working days. Depending on the seriousness of the accident, additional documentation concerning the
accident may be required to be submitted. If the accident involves a fatality, the District shall be notified
within twenty- four (24) hours.
Submission of an Annual Certification of Use is required by the 15th day of January each year as specified
in Attachment "1".
The Agency will submit a monthly operating report as specified in Attachment "2".
Proper vehicle maintenance is imperative and the Department strongly recommends that your agency
follow the "Preventive Maintenance Guidelines" brochure it publishes.
As a condition ofthis agreement, your agency has signed an agreement with The Guidance Clinic CTC
for trip coordination.
You are requested to comply with the agreement to the best of your ability without destroying the integrity
of daily schedules.
The agency must submit an Invoice to the Department no later than one hundred and twenty days (120)after
the period of Services covered by said Invoice.
September 1996
ATTACHMENT 1
FT A SECTION 5310 GRANT PROGRAM
ANNUAL CERTIFICATION OF USE OF VEHICLES
This agreement forms an integral part of that Joint Participation Agreement between the State of
Florida, Department of Transportation and Monroe County Social Services Transportation.
5'100 College Road, Wing 111, Public Services Building, Key West, Florida 33040
,lev 2 3 _
dated
1 . The vehicles and equipment acquired under the project continue to be used for the purposed
for which the grant was approved.
2. The vehicles and equipment do not exceed that which is needed for operations.
3. None of the vehicles and equipment have been sold, damaged or otherwise taken out of
service.
4. There has not been a reduction in the local contribution made to the project.
The certification should make specific reference to all four of the above items. If the Grantee cannot
certify to one or more of them, please explain fully in writing. In the case of project equipment which
consists of vehicles, each vehicle should be itemized by year, serial number and DOT controi !:lumber.
NOTE: This Annual Certification is due on the 15th. day of Januarv each vear durin9 the life period of
each vehicle owned bv the Agency.
September 1996
ATTACHMENT 2
SECTION 5310
MONTHLY OPERATING REPORT
~his Attachment for.ms an integral part of that Joint Participation Agreement
between the State of Florida Department of Transportation and Monroe County
Social Services Transportation. 5100 College Road, Wing Ill, Public Services
Building, Key West, Florida 33040
dated
NOV 2 3 -mAg
MONTH:
DATE:
VEHICLE CONTROL NUMBER:
TOTAL ONE-WAY PASSENGER TRIPS:
VEHICLE MILES THIS MONTH:
CURRENT ODOMETER READING:
TOTAL DAYS VEHICLE OPERATED:
DAYS IDLE:
DAYS IN REPAIR:
NOTE:
THIS MONTHLY OPERATING REPORT IS DUE BY THE 30TH OF THE
MONTH FOLLOWING THE REPORTED MONTH.
September 1996