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Item C03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 05-20-2009 Division: Social Services Department Bulk Item: Yes l No Department: Transportation Staff Contact Person: Sheryl Graham x451 0 AGENDA ITEM WORDING: Approval to enter into a Public Transportation Joint Participation Agreement for Federal Transmit Administration Section 5316 Job Access & Reverse Commute Program with the Florida Department of Transportation. Grant was submitted pursuant to Resolution No. 498-2007. ITEM BACKGROUND: On 3/19/08, the Board ratified, by Resolution No. 498-2007 and Resolution 500-2007, the signing and submission of three (3) Federal Transit Administration grant applications to FDOT to purchase twelve (12) mobile data terminals and softwarelhardware for the twelve (12) mobile data terminals and purchase two (2) transportation buses. Staff received notification from FDOT on 3/3/08 that additional funding was available for the grant application submitted for the purchase of softwarelhardware for the twelve (12) mobile data terminals but required submission of a revised grant application Form 424, approved and executed by the Board. On 4/16/08, the Board approved an increase in funding for the required 10% match from $8,277 to f1,j&p. <JO IIJlf47.- ~ PREVIOUS RELEVANT BOCC ACTION: 12/1912007 BOCC approved. esolution No. 498-200, Resolution No. 499-2007 and Resolution No. 500-2007. 2/20/08 BOCC approval to advertise a Public Hearing for 3/19/08 (required by FT A/FDOT) 3/19/08 Public Hearing -BOCC ratified Resolution No. 498-2007, Resolution NO. 499-2007 and Resolution No. 500-2007. On 4/16/08, the Board approved an increase in funding for the required 10% match from $8,277 to $+1,.)u I . f If J44tg.~ ~ CONTRACT/AG EMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval eft. "Lt /t80. to TOTALCOST:__._ $12J.667.G0 ~ BUDGETED: Yes _No X(willbebudgetedin 2011) * 1I,.l./lfg}!!t s(, COST TO COUNTY: $11.367.00 SdURCE OF FUNDS: Program Budget Account #001-61525- 560641 & FDOT 5316 Job Access and Reverse Commute Program Grant. REVENUE PRODUCING: YeS~NO APPROVED BY: County Atty'l/-"'1 AMOUNTPERMONTHN/A Year N/A asing _ Risk Management Jtl&- DOCUMENTATION: Included X Not Required MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FDOT Contract Effective Date: if budgeted, 2011 Expiration Date: N/ A Contract Purpose!Description: Approval to enter into a Public Transportation Joint Participant Agreement for Federal Transmit Administration Section 5316 Job Access & Reverse Commute Program with the Florida Department of Transportation. Grant was submitted pursuant to Resolution No. 498-2007. Contract Manager: Sheryl Graham (Name) For BOCC meeting on OS/20/2009 4510 (Ext. ) Social Services/Stop 1 (Department/Stop #) Agenda Deadline: 05/05/2009 CONTRACT COSTS \l~ '\~O.".!. $t2J~667.Q9-- Account Codes: Total Dollar Value of Contract: Budgeted? Yes No X Grant: $123,667,00 County Match: SU),Jc.ee · It ,~tJR ,!!. a;; Estimated Ongoing Costs: $ 0 (Not included in dollar value above) Iyr Current Year Portion: $ 0 001 - 61525. 560641 ~ - - -- . - --- - - --- ADDITIONAL COSTS For: (el!. Maintenance, utilities, janitorial, salariCl;, etc) CONTRACT REVIEW Date In Changes Needed Yes No Division Director ~ Mana~:;t O.M.B./Purcluising '{ -30~O ~ Q (i) @ Yes Yes ~\~~{J~ County Attorney Yes Comments: OMB Form Revised 2/27/01 MCP #2 ~ Florida Department of Transportation CHARLIE CRIST GOVERNOR 1 000 NW 111 th Avenue Miami, Florida 331 72 STEPHANIE C. KOPELOUSOS SECRETARY February 3, 2009 Ms. Sheryl Graham Social Services Director Monroe County Board of County Commissioners 1100 Simonton St., Suite 2~257 Key West, FL 33040 Re: Item No. 42386319401 - Contract No. APE52 Dear Ms. Graham: Attached are four (4) copies of the above referenced document. Please return all four (4) copies after execution by your Agency for further processing, along with two (2) copies of the resolution authorizing the applicant to execute the agreement. The fourth copy of the agreement will be returned when fully executed by the Department. The agreement and resolutions must be original signature documents or properly executed copies. Please contact me if you have any questions. Sincerely, )c~~ L. Carl Filer, P.E. District VI, Public Transportation Manager Encls. eye j:\cf\monroectyjpaIetl WWIN. dot. state.fJ.u s * RECYCLED PAPER r// /' ..\ ') .... " t STAlE OF R..ClRIO.\ DePARTMENT OF TRANSPORTAl1ON PUBUC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-03O-(J6 PUIllJC TRANSPORTATION f16KJT Page 1 of 14 FInancial Project No.: Fund: DUJDS FLAIRApprop.: 088n4 42386319401 Function: 633 FlAIR Obj,: 790004 (ilem-aegrnent-phaae ~~) Federal No.: Fl-37-X034.00 Org. Code: 55062020029 Contract No.: APE52 DUNS No.: 80-939-7102 Vendor No.: F596000749114 CFDA Nunber: 20.516 CSFA Number: N1A THIS AGREEMENT, made and entered into this day of 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 COUNTY TRANSIT 1100 SIMONTON ST. KEY WEST Fl. 33040 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 06130/2011 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.051 Aorida 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 FTA SectIon 5316-Job Access and Reverse Commute (JARC) Program funding to purchase an enhanced reservation and dispatch system for Monroe County Transit (MCT). The system includes twelve (12) mobile data tenninals, and a computer software program to provide real time opportunities for demand reservation booking and dispatching services to improve service delivery to MCT clients. Federal and State participation Is 90% of eligible project expenses. Additional FM 42386329401 and as further described In Exhibit(s) A,B,C,D attached hereto and by this reference made a part hereof, hereinafter referred to as the project. and to provide Departmental financial assistance to the Agency and state the tenns and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. t, , . , t} { 125--030-06 PUBUC lRANSPORTATlON 06107 P8ge2of14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall (Xlfllmence, and complete the project as described in Exhibit -N attached hereto and by this reference made a part hereof this Agreement. with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein. and all applicable laws. 2.20 Pursuant to Fede raI, State, and Local Law: In the event that any election, referendum, approval, pennit, 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 10 provide the necessary funds for completion of the project. 2.40 SubmiSsion of Proceedings, Contracts and Other Documents: The Agency shall submit to the Depatf.nient such data, reports, records. contracts and other documents relating to the project as the Department may require as fisted in exhibit -C- attached hereto and by this reference made a part hereof. 3.00 ProJect Cost: The total estimated cost of the project is $ 114.480.00 . Thisamount is based upon the estimate summarized in Exhibit "8- attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits Involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in ~ projectintheamountof$103,032.00 . .. . ~s detailed in Exhibit -8", or in ~n amount equal to the percerrtBge(sfof totaip,-OjeCf coSt shown in Exhibit"B", WhIchever is less: 4.10 Project Cost Eliglbltity : Project costs etigible for State participation will be allowed only from the effective date of this agreement It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approva! of alt plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 front End funding: Front end funding 0 is @) is not applicable. If applicable, the Department may initiaDy pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @ is not applicable. If applicable, percent of the Departmenfs total share of participation as shown in paragraph 4.00 is to be hekJ in retainage to be disbursed, at the Department's diseretion, on or before the completion of the final project audit. .;f J Ii ,. 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 eff&ctlve unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 725-O3l).O6 PUBUC lRANSPORTATlON 06If11 Page3<>f 14 6.20 Payment Provisions: Unless otherwise anowed under Section 4.20, payment win begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project. in conformity with requirements established by Departmenfs 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 provid$d 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 ofpiojectfurll:ls bytfie Deparbnent, by the depOsit oruseltingaside of cbllaterafoftMtypesand'intfle 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 Pro) Get 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 Youche rs: 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 vouchet 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 shatl be ctearly identified, readily accessible, and, to the extent feasible, kept separate and apart from aU other such documents. 7.60 Audit Reports: In addition to the requirements below. the Agency agrees to comply and cooperate with any monitoring procedureslprocesses deemed appropriate by the Oepartment, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient recordS demonstrating its complianCe with the tenns of this Agreement for a period of three years from the date the audit report is issued, and shatl allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "0" attached hereto and by this reference made a part hereof this Agreement ., , , .' 725-OllO-O6 PUIlUC TRAHSPORTAllON 06107 Page-4of14 7.61 Monitoring: In addition to reviews Of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see -Auditsw below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional- instructions provided by the Department staff to the Agency regarding such audit. The Agency flIrther agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOrs Office of Inspector General (DIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 AudIts: Part I Federally Funded: If the Agency is a state, local government, or non-profit organiZations as defined in OMS Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or mote in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A~133, as revised. Exhibit wOw to this agreement indicates Federal resQurces awarded through the Department by this agreement. .In determining the Federal awards expended in its fiscal year, the recipient $hall consider all sources of Federal awards, includIng Federal resources received from the Department The detennination of amounts of Federal awards expended should be in accordance with the Quldelinesestabllshed by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General In accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I. Paragraph 1.. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost Of the audit nlustbeJ)aidfromresoorceS obtained from otheTthan .J=eooral entities: 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number. award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess Of $500, 000 in any fiscal year, the recipient must have a State single or project~speclfic auditfor such fiscal year In accordance with Section 215.97, Florida Statutes; applicabte rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local govemmental entitfes) or 10.650 (nonprofit and for..profit organizations), Rules of the Auditor General. Exhibit wOw to this agreement indicates state financial assistance awarded through the Department by this agreement In determining the state financial assistance expended in its fiscal year, the tecipientshafl consider aH sources of state financial assistance. including state financial assistance received from the Department, other state agencies, and other nonstate -entities. State financial assistance does not incfude Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1.. the recipient shall ensure that the audit complies with the requirements of Section 215.97(7). Rorida Statutes. This includes submission of a financial reporting package as defined by SectIon 215.97(2)(8), Florida Statutes, and Chapter 10.550 (focal governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends Jess than the amount in Part II, Paragraph 1.. such audit Is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipienfs resources obtained from nonstate entities. 4. State awards are to be identified using the Catatog of State Financial AssIstance (CSFA) title and number, award number and year, and name of the state agency awarding it. , . 725-030-06 PU8LIC TRAN$PORfA'flON 0IlI07 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shatl follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, Including corrective action and current status of the audit findings is required. CUrrent year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings,. appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Subm inion 1. Copies of reporting packages for audits conducted in accordance with OMS Circular A~133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: FDOT District 6 Public Transportation Office & FOOT District 6 Professional Services ATTN: Public Transportation Manager AnN: JPA Coolrlinator 1000NW 1111h Avenue RM 6114 1000NW 111th Avem.eRM 6202-8 Miami, Ft. 33172-58()o MIami, FI. 33172-5800 B. The number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau-of the. Census- 120 1 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMS Circular A~133. 2. In \heavent that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons . pursuant to section .320 (e)(2), OMS Circular A~133, the recipientshaU submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: FOOT District 6 Public Transportation 0flIce AnN: Public Transportation Manager 1000 NW 111t1l Avem.e RM 6114 MiamI, FI. 33112-5800 & FOOT DIstrict 6 Profes$kmal Services AnN: S1A CoordInator 1000 NW 111th Avenue RM 6202--8 Miami, FI. 33172';5800 In addition, pursuant to Section .320 (t), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (e), OMS Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: FOOT District 6 Public Transportation Office AnN: PubJlc Transportation Manager 1000 NW 1111h Avenue RM 6114 MIami, A. 33172-5800 & FOOT DistriCt 6 Professional Services AnN: JPA CoordInator 1000 NW 111th Avenm RM 6202--8 Miami, A. 33172-5800 , I. 725-000-06 PUBlIC lRANSPORTATlON 06IfJ7 Page 6 of 1,( 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the foUowing: A. The Department at each of the fOllowing addresses: FOOT District 6 Public Transportation Office & FOOT District 6 Professional Services ATTN: Public Tmnsportation Manager ATTN:.FA Coordinator 1000 NW 111th Avemll RM 6114 1000 NW 111th Avem.e RM 6202-8 Miami, Fl. 33172-5800 Miami, A. 33172-5800 B. The Auditor Generafs Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copjes of reports or the management letter required by Section 7.62 Part 111 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: FOOT District 6 Publk: Transportation Oflice & FOOT District 6 Professional Services ATTN: Public Transportation Manager ATTN:.FA CoordinaU>r 1000 NW 111th Avenue RM 6114 1000 NW 111th Avelllll RM 6202-B Miami, Fl. 33172-5800 Miami, FI. 33172-5800 5. Any reports, management letter, or other infonnation required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A...133, Section 215.97, Florida Statutes, and Chapter 10.550 (Iocatgovemmental entitieS) or1D.650 ~nonprofit and. for~-profit organiZations). RuJesof the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shalf allow the Department, or its designee, the CFO or Auditor General access to such records upon request The Agency snail ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any ~ard, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement desaibing the reasons that corrective action is not necessary. The Agency shafl take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and wiD 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 facitities. 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. 72S-03O-06 PUBlIC TRANSPORTAl1ON 06107 Page 7 of 14 8.00 Requisitions a nd Payments: 8.10 Action by the Agency: In order to obtain any Department funds. the Agency shall file with the Department ofTranspor1ation, District SIX (6) Public Transportation Office 1000NW 111th Avenue RM 6114. Miami ,FL. 33172-5800 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F .5. 8.13 For real property acquired. submit; (a) the date the Agency acquired the real property. (b) a statement by the Agency certifying that the Agency has acquired said real property. and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws. rules and procedures required by any federal oversight agency and with all state laws. rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department'. 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 eflglble 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 fumished therewith or pursuant hereto; 8.22 Utlgation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project. the Agreement, or payments to the project; 8.23 Approval by Oepartment: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If AppIieable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance. the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "8." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project. and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. '. 725-03O-Q6 PUBUC TRANSPORTATION 00107 Page 8 of 14 8.40 Payment Offset: If, after project completion, any daim 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 selVices done under any public transportation joint participation agreement which it has with the Agency oWing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 TerminatiOn or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, orUlegal, 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 suspet'ilsion has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be canied out in conformity with the latest schedule, pfan,and budget as approved by the Department or upon the basiS of terfl1$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 Ililmittance by the Agency or the closing out of federal financial participation in thE! project shall not constitute a waiver of any Claim whiCh the OeparbllEmt may otherwiSe nave arisirigout of this Agreement. . . 9.12 The Oepartment reselVes the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to alf documents, papers, letters, or other material subject to the provisions of Chapter 119, F.$. and made or received in conjunction with this Agreement. 10.00 RemisSion of Project Account Upon Com pIetIon of Project: Upon completion of the project, and after payment, prOVision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departmenfs authorized representatives to inspect all wort, 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 itseff in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specificalfy reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725-030-06 PUBlIC TRANSPORTATION 00107 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act At the discretion of the Department, the Agency will involve the Department il1 the Consultant Selection Process fOr all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 ~antaged Bus lness Enterprise (DBE) Policy and Obligation: 12.31 DBEPoIlcy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business EnterpriseS as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the perfonnance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracl$. Grantees~ recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.-40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: _-,- - ~ --0: > ~ 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discrimJnate 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 shaUincfude, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other fOllTlS of compensation; and selection for training, including apprenticeship_ The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in aU its contracts in connection With the deVelopment or operatiOn of the project, excepfcontracfs for standard commercial supp1iesor raw materials, and shalf 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 instaDation, construction, demolition, removal, site Improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for empJoymenffor project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - twH RIghts Act of 1964~ executiOn of this Joint Participation Agreement constitutes a certificatiOn that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2OOOd. et seq.), the Regulations of the Federal Department of Transportation isSued thereunder, and the assurance by the Agency pursuant thereto. 13.30 TItle VIII .. Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Trtte VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., whiCh among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency wilf comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. " 725-OaO-Q6 PUBUC TRANSPORTATION 06If1T Page 10 of 1-4 13.50 Prohibited interests: The Agency shall not enter into a contract or arrangement in connection with the projector any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child. or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock. of any bUSiness entity. The Agency shall not enter into any contract or ammgement in connection with the project or any property induded or planned to be induded in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utiUty services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance With allappJicable environmental regulations induding the securing of any applicable pennits. The Agency will be solely responsible for any liability in the event of non-compliance withappl!<>>bte envir:onmen~.,.egulations,.inctudingthe seCUring of any applicable pennits..and will reimburse the Departnlent for any lOss jnCurredin cOnnection therewith. .. . .. .. . 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party Qther than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiVer by the Department of any breach of covenant or any default which mey 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 confonn 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 apptiqrtion 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 taw: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 72&03G-06 f>tJBUC TRANSPOItTA11ON f18I{fT Page 11 Of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support pUblic transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Properly 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 U$9fullife for any purpose except Its replacement with like facility or equipment for public transportation use, the Agency will comply with the tenns of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shatl be -determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold hannless the Department and aU of Its officers, agents, and employees from any dairn, loss, damage, cost, charge, or expense -arising out of any act, error, omiSSion, or negligent act by the Agency, Its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or Its employees will be liable under this paragraph for any claim, loss, damage, cost. charge, or expense arising out of any act, error, omission. or negligent act by the Oepa~ent or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of ciaim for damages that may have b$en caused by the Agency in the perfonnance of service$ requifedunder this Agreement, the Department will immediately fQfWard the claim to the Agency. The Agency and the Department will evaluate the claim and report theirflndingsto each other within fourteen . (11) \!orking<ta~and~1I joi~ discussoptiOl1sinde~nding theu<:laim. After revlewlng ttledaim, the Oepartmentwill detefmine Whether to require the participatiOli bfUle Ag8ncyih fhedefEmS9 olfhe Cla1fn oHoreq-ulrEfthat the AgeJicy defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the c1aim by Agency. The Department and the Agency wiH each pay its own expenses for the evaluation. settlement negotiations, and trial, if any. However, if only one party participates in the defense -of the daim at trial, that party is responsible for all expenses at trial. 15.00 Plana and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing end equipping of facilities, the Agency shalt submit to the Department for approval all appropriate plans and specifications covering the project. The Department will reviewsJl plans and spedfications 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 oornments and recommendations to the Department's satisfaction, the Department will Issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency CertificatJon: The Agency will certify in writing on or attadled to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in trn:l 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 Aorida's perfonnance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 72JHl3O..06 PllBUC TRANSPORTATION 06If17 Page 12 of 14 17.20 Multl~Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which. by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made $haff 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 tenn for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 06130/2011 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the DISTRICT SECRETARY OR DESIGNEE . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shaft be initiated. 18.10 F'nallnvoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular fonn 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 exeroted in a-minimumof two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal. amendment or modification of any federal contract, grant, loan or cooperatiVe agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form--LLl, "Disclosure Form to Report Lobbying,. in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency . 7~ PUBlIC TRANSPORTA11ON 00107 Page 13 at 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days atter receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies atter a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877--693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor 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, suppner,subc()ntractor, or consultant under a contract with any public entity, and may nbt transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 12S-03(H)6 PUBlIC TRAHSPORTATION 06107 Page 1-4 of 14 Financial Project No. 42386319401 Contract No. APE52 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT MONROE COUNTY TRANSIT AGENCY NAME See attached Encumbrance Fonn for date of Funding Approval by Comptroller LEGAL REVIEW OEPARTMENT OF TRANSPORTATION SIGNATORY (PRINTED OR TYPEO) SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Transportation Development, D6 TITl..E TITLE '1j'g oj I c:,'i Carson, Ed From: Sent: To: Subject: The job FI989NDR Friday, January 09, 2009 2:50 PM Carson, Ed FUNDS APPROVAUREVIEWED FOR CONTRACT APE52 STATE OF FLORIOADEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #APE52 Contract Type: AH Method. of Procurement: G Vendor Name: MONROE COUNTY Vendor 10: VF596000749114 Beginning date of this Agmt: 0-3/31/09 Ending date of this Agmt: 06/30/11 Contract Total/Budgetary Ceiling: ct = $103,032.00 ************************************************************************ Description: Monroe County BCC~ MC Social Services: FTA Section5316/JARC. Purchase of 12 mobile data terminals and other electronic equipment. ************************************************************************ ORG-CODE *EO *OBJECT * AMOUNT *FIN PROJECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CA TEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED 10 *ENC LlNE(6S)/STATUS ************************************************************************ Action:ORIGI~AL . Funds have been: APPROVED 55 062020629 *PT *790004 * 2009 *55100100 0001 *00 * 66221.00 *42386319401 *633 *20.516 *088774/09 *0001/04 Action: ORIGINAL Funds have been: APPROVED 55 062020629 *PT *790004 * 2009 *55100100 0001 *01 * 36811.00 *42386329401 *633 *20.516 *088774/09 *0002104 TOTAL AMOUNT: *$ 103,032.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 01/09/2009 1 FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 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 TRANSIT 1100 Simonton Sf. Kev West. Fl.33040 dated PROJECT LOCATION: Monroe County, Florida PROJECT DESCRIPTION: Provide Job Access and Reverse Commute Program funding to purchase an enhanced reservation and dispatch system for Monroe County Transit. Federal and State . Participation Rate is 90%. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in Paragraph 7.60 of the Agreement (see Exhibit "0") shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement offunds) and any federal or local funding actton and the funding action from any other source with respectto the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: None FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 EXHIBIT "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 Transit 1100 Simonton St. KevWest. FL.33040 dated I. PROJECT COST: Funding for the purchase of transit equipment for (MCT). $114,480.00 TOTAL PROJECT COST: $114,480.00 11. PARTICIPATION: Maximum Federal Participation FTA, FAA (0%) $ Agency Participation In-Kind Cash (10%) Other $11,448.00 Maximum Department Participation, Primary (OS)( 10%) or Federal Reimbursable (DU)(80%) or Local Reimbursable $11,448.00 $91,584.00 TOTAL PROJECT COST $114,480.00 FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 EXHIBIT "e" (Section 5316) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Monroe County Transit 1100 Simonton St. Kev West FI. 33040 dated: This Agreement is in conformance with Section 5316 of SAFETEA.LU, as amended (49 U.S.C. app.. 5316) and Section 341.051(1 )(a) Florida Statutes. The Section 5316 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5316 funds. The Section 5316 subrecipient shall at all times comply with all applicable FT A regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FOOT and FT A, as they may be amended or promulgated from time to time during the term of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5316 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which . providesihatrecipientsand subrecipients of-FTA assistance are prohibited from .provtding.charterservice using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service 'provided under one of the exceptions must be "incidental," Le., it must not interfere with or detract from the provision of mass transportation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Section 5316 subrecipient of FTA assistance may not engage in school bus operations eXclUSively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. The Section 5316 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre-award and post delivery requirements outlined in 49 CFR 661.12. The Section 5316 subrecipient agrees to comply with all appticabfe standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 if the agreement exceeds $100,000. The Section 5316 subrecipient agrees to comply with the requirements pursuant to Byrd Antj.Lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. If this agreement is for a construction project over $100,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. The 5316 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 if this agreement exceeds $100,000. . '. FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 The 5316 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (49U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The 5316 subrecipient agrees to comply with the Davis-Bacon and Copeland Anti-kickback acts as codified at 40 U.S.C. 3141 and 18 U.S.C. 874 for any agreement exceeding $2,000. For any contract over $2,000 the 5316 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act codified at 40 U.S.C. 3701. The 5316 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U.S.C. 5311 and 29 CFR Part 215. The 5316 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FOOT requests which would cause the 5316 subrecipient to be in violation of the FT A terms and conditions. Purchasing BillinglReporting Requirements 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. Failure to submit invoice in a timely manner will result in non-paymentbythe Department lThe Agency shall obtain prior written concurrence from the Department for any third party purchases .. exceeding $10,000. Failure to Obtain prior written concurrence will result in non-payment by the Department. The Agency shall provide District Office with quarterly progress reports addressing the purchase and implementation of the property purchased under this agreement. .Failure to provide.quarterly reports will delay invoice payments to the Agency. Other Requirements This project shall be conducted in accordance with the Departmenfs FT A Section 5316 Job Access and Reverse Commute Program Procedure. The agency shall submit two (2) copies of its Single Audit Report as required and shown in Paragraph 7.60. Failure to provide the required report will result in non-payment by the Department. Funds encumbered for this contract will be forfeited if not expended by March 31 of the fifth fISCal year foflowing the flscaf year of encumbrance. Forfeiture of said funds may further result in termination of voidance of the contract. Department funding is provided solely to purchase an enhanced reservation and display system for Monroe County Transit (MCT). 8igible project costs includes equipment purchase for 12 mobile data terminals and computer software to provide real time reservation and dispatching services to improve service delivery to MCT clients. No other expenses incurred by the Agency shall be reimbursed under this Agreement. FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 Transit Equipment Inventory Management The Agency shall establish a property inventory management system for property purchased under this agreement (see Attachment 2: Annual Certification of Use and Transit Equipment Ust of this JPA). Upon acquisition of the property the Agency shall provide the Department with the following information and record it in their inventory management system: 1. Serial number 2. Description 3. Cost 4. Location The serial number is the primary identifICation reference for the Department to track property purchased under this agreement. The Agency has the primary responsibility for the care, maintenance, records management, physical inventory, and control of the equipment. It must maintain up-to-date records and, if requested by the Department, initiate such forms as are necessary to fully inform the Department about the care, custody, maintenance, records management, control, and all transactions involving said property so that the Department may properly verify, control and safeguard the property. The property shall remain identified as long as it is in the custody, possession, or control of the Agency. The Agency is to take physical inventories at least once a year to verify the existence and current utilization of the equipment; . When property is deemed to be missing, the Agency should immediately notify the Department. If there is 'evidence of theft, the appropriate law enforcement agency should be immediately notified. A copy of the police report must be attached to the notification. If a police report is not issued, the case number and a brief description on the theft must be attached. " .'_ I, ATTACHMENT FINANCIAL PROJECT NO. PAGE 1 42386319401/42386329401 10F 1 5316 Year 2008.2009 Job Access and Reverse Commute Program PROPOSED PROJECT DESCRIPTION Monroe County Transit (BOCC) When awarded, funds will be used to enhance the reservation and dispatch system of Monroe County Transit (MCT). MCT serves the entire geographic area known as the Florida Keys, an elongated island chain extending 120 miles from mainland Miami- Dade County.. Currently, the system is heavily reliant on staff intervention to ensure reserve and dispatch trips. Implementation of a computer-assisted software program will provide real-time opportunities for demand reservation booking. This system enhancement will allow for the latest vehicle movements to be searched and for these data to be immediately available. It is believed that the availability of real-time vehicle location data will result in the fallowing positive impacts: . increased trips being booked within a rider's requested timeframe . more trips provided . better on-time performance . improved customer satisfaction . enhanced convenience to the most at-risk rider class. Mobile Data Terminals have the added benefJt of allowing the dispatch staff to track the location and progress of each vehicle in the MCT fleet. This information . can be related to customers inquiring into the expected arrival time of the MCT bus. MCT riders are Monroe Count's most elderly, frail, and handicapped who are unable to wait in the hot sun, rain, or other elements for any prolonged period. Therefore, rider knowledge of pickup and drop off times can be critical for a signiffC9nt number of riders. MCT also serves those persons with Special Needs, specifically the elderly and handicapped, taking them to safety when storms threaten the Florida Keys. Transportation of persons to Special Needs Shelters is assured by maintaining a well~ equipped transit fleet. Mobile Date Terminals will further enhance the mobilization and operation of the Special Needs responsibilities of MCT. No disruption in regular service will be experienced when Mobile Data Terminals are installed within the vehicles. , j'" l; ATTACHMENT FINANCIAL PROJECT NO. PAGE 2 42386319401/42386329401 lOF2 ON YOUR AGENCY'S LETTER HEAD RE: ANNUAL CERTIFICATION OF USE This is to certify that: 1. The equipment acquired under the FT A Section 5316 Program continue(s) to be used for the purpose for which the grant was approved; . 2. The equipment does not exceed that which is needed for operations. 3. None of the equipment has/have been sold, damaged or otherwise taken out of service. 4. There has not been a reduction in local support made to the program operating the equipment. Signature: Date: Name: Title: .-. . ATTACHMENT FINANCIAL PROJECT NO. PAGE 2 42386319401/42386329401 20F2 TRANSIT EQUIPMENT LIST SERIAL DESCRIPTION DATE LOCATION COST RECEIVED NO. ~ 't;# ,"'. . <: FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 EXHIBIT D FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: . (e.g., What services or purposes the resources must be used for) . (e.g., Eligibility requirements for recipients of the resources) . (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Aaency Catalon of Federal Domestic Assistance (Number & Title) Amount ,FTA 20.516 JOB ACCESS REVERSE COMMUTE $103,032.00 COMPLIANCE REQUIREMENTS 1. Objectives To provide grants to local governments, nonprofit organizations, and designated recipients of Federal transit funding to develop transportation services to connect welfare recipients and low~ income persons to employment and support services. Job Access grants will be to finance planning, capital and operating cost of projects. The Reverse Commute grants will assist in funding the costs associated with adding reverse commute bus, train, carpool or service from urban areas, urban, rural and other suburban locations to suburban work places. 2. Uses and Use Restrictions The funds are to be used for delivery of services as well as to administer, plan and provide technical assistance for projects. "'j-' . FINANCIAL PROJECT NO. CFDA NO CONTRACT NO. 42386319401/42386329401 20.516 APE52 3. Applicant Eligibility State and local government agencies, nonprofit agencies, and transit providers. 4. Formula and Matching Requirements An 80 percent cost share for capital projects, and a 50 percent match for operating projects is required. Certain other Federal funds may be use for this match, such as the Department of Health and Hman Services temporary assistance to needy famities. the Department of Labor Welfare-to~work, and the Federal Highway's State Pfanning and Research funds. Sixty percent funding shall be distributed among designated recipients in urbanized areas with a population of 200,000 or more in the ratio that the number of eligible low-income individuals and welfare recipients in each such urbanized area bears to the number of eligible low~income individuals and welfare recipients in all such urbanized areas. Twenty percent of the funds shalt be distributed among the States in the ratio that the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State bear to the number of eligible low~income individuals and welfare recipients in urbanized areas with a population of less than 200, 000 in all States. Twenty percent of the funds shall be distributed among the States intheratiothaUhenumberofeUgiblalow.,jncome individuals and welfare recipients in other than urbanized areas in each State bears to the number of eligible tow-income individuals and welfare recipients in other than urbanized areas in all States. 5. Audits In accordance with the provisions of OMS Circular No. A-133, "Audits of State and Local Governments and Nonprofit Organizations, It nonfederalentities (including universities) that expend $500,000 or more in a year in Federal awards shall have a single or program specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year with certain exceptions as stated in OMS Circular No. A-133.