05/15/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: May 23, 2024
TO: Richard Clark, Executive Director
Transit
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 15, 2024 BOCC Meeting
The following item has been executed and added to the record:
C21 Agreement with Beefree LLC d/b/a Freebee for On-Demand Micro-Transit
service in Stock Island and Key West. This project is partially funded by the Florida Department
of Transportation grant agreement G2M95 in the amount of$426,000.00, with a 50% match
from the County for $426,000.00 for a total of$852,000.00.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
SECTION 00500
DRAFT AGREEMENT
AGREEMENT
FOR MICROTRANSIT SERVICE PROVIDER
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this_15th _ day of May 12024,
between MONROE COUNTY, FLORIDA ("COUNTY'), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEEFREE, LLC
D/B/A FREEBEE, a Corporation, authorized to do business in the State of
Florida, ("CONTRACTOR"), whose address is 371 NE 61st Street Miami, Florida,
33137
WHEREAS, COUNTY desires to contract for the performance of the work or services
described in Exhibit "A"; and
WHEREAS, CONTRACTOR desires to and is able to perform the work or services
described in attached Exhibit "A"; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work
or services described in attached Exhibit"A" for Monroe County;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this Agreement, together with the Request for Proposals
("RFP") documents, exhibits, responses, and any addenda and all required insurance
documentation. In the event of a discrepancy between the documents, precedence shall
be determined by the order of the documents as just listed.
2. SCOPE OF WORK
The Scope of Work shall include, but not be limited to, all work and / or services shown
and listed in Exhibit "A", which is attached hereto and made a part hereof. The
Contractor is required to provide a complete job as contemplated by this Scope of Work.
The Contractor shall furnish all labor, supervision, materials, power, tools, equipment,
supplies, permits, if any are necessary, and any other means of construction or work
necessary or proper for performing and completing the Scope of Work, unless otherwise
specifically stated, or as amended throughout the term of this Agreement. The Contractor
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shall be responsible for the scheduling of services required per the Scope of Work, so as
each task is satisfactorily completed.
3. PERSONNEL
Communication between the County Representative and the Contractor's personnel is
very important. Therefore, the Contractor must assure that at least one (1) of its personnel
per site and/or location can communicate well in the English language with the County
Representative. Any employee hired by the Contractor will be the Contractor's employee
and in no way has any association with the County. The Contractor shall insure that its
employees are trained in all appropriate safety regulations, including but not limited to,
OSHA regulations, DEP regulations, and all other applicable local, State, and Federal
regulations.
The Contractor shall be available during all hours of operation and provide an after-hours
contact person and phone number.
Photo identification cards are required,which shall clearly identify personnel as employees
of the Contractor. This requirement shall apply upon entering County property and at all
times while on duty.
4. BACKGROUND CHECKS / FINGERPRINTING
Contractor employees must consent to Level Two background checks and the results are
to be provided to the County within thirty (30) days of award of the contract. The County
reserves the right to refuse personnel based on results of the background check. The
County reserves the right to demand of the Contractor replacement of an employee for
the Contractor if a conflict or problem with that employee should arise. The County's
Director of Transit or his designee shall have the right to require any employee(s) of the
Contractor to be permanently removed from any County facility serviced by the Contractor
providing the requested services whenever it appears to be in the best interest of the
County. It is the responsibility of the Contractor to inform the Director of Transit or his
designee of all new hires and the results of the background check. The Contractor will be
responsible for the supervision, hiring and firing of their own employees, and shall be
solely responsible for the pay, worker's compensation insurance, and benefits.
5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR
A. Monroe County's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners
("BOCC"). Monroe County's performance and obligation to pay under this Agreement is
also contingent upon an annual appropriation by the State of Florida. County shall pay in
accordance with the Florida Local Government Prompt Payment Act and Monroe County
Code; payment will be made after delivery and inspection by County and upon submission
of a proper invoice by Contractor.
B. Contractor shall submit to County invoices for its monthly services with supporting
documentation acceptable to the Clerk. The Monthly costs shall include the Monthly,
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Quarterly, Bi-Annual (Twice a Year), and Annual operator dashboard metrics. Such
invoices shall be submitted monthly in arrears during the duration of the contract.
Contractor shall submit to County one invoice monthly no later than the tenth (10th) of the
following month after services have been provided with supporting documentation
acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules, and regulations as may govern the Clerk's
disbursal of funds. Monroe County's Fiscal Year is October 1st through September 30th.
All outstanding invoices must be submitted for payment within ten (10) days of the end of
the Fiscal Year to avoid non-payment for those services.
C. Total annual Compensation to Contractor under this Agreement shall not exceed
Eight Hundred and Fifty-Two Thousand ($852,000.00) Dollars payable on a monthly basis
of up to Seventy-One Thousand ($71,000.00) Dollars for services rendered .
There shall be no additional charges to the County for travel, mileage, meals, or lodging.
6. TERM OF AGREEMENT
This Agreement shall commence on May 15, 2024, and ends on May 15, 2025, unless
terminated earlier under this Agreement.
The County shall have the option to renew this Agreement for up to an additional two (2) one-
year periods on terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least thirty (30) days prior to the end of the initial term. Unless the
context clearly indicates otherwise, references to the "term" of this Agreement shall mean the
initial term. The County is not required to state a reason if it elects not to renew.
7. LICENSES AND COUNTY SEAL
Contractor has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses shall be submitted to the County upon execution of this
Agreement and annually thereafter or upon any renewal. Contractor shall not use the Monroe
County seal(s), logos, or crests, etc. without specific, written, County pre-approval. The
Contractor shall include this provision in any subcontracts.
8. MAINTENANCE OF RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles
consistently applied. Records shall be retained for a period of seven (7) years from the
termination of this Agreement, or five (5) years after final payment is made, or five (5) years
from the submission of the final expenditure report as per 2 CFR §200.334 if applicable,
whichever is greater. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
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public records purposes during the term of the Agreement and for seven (7) years following
the termination of this Agreement. If an auditor employed by the COUNTY, FDOT, or Clerk
determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid
by the COUNTY.
9. RIGHT TO AUDIT
Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as computer
readable data if it can be made available; subcontract files (including proposals of successful
and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original
estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County
Clerk") to substantiate charges related to this agreement, and all other agreements, sources
of information and matters that may in County's or the County Clerk's reasonable judgment
have any bearing on or pertain to any matters, rights, duties or obligations under or covered
by any contract document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by County's representative and/or agents
or the County Clerk. County or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll, verifying
payroll computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors' representatives. All records shall be kept for ten (10) years after Final Completion
of the Project. The County Clerk possesses the independent authority to conduct an audit of
Records, assets, and activities relating to this Project, as does FDOT. If any auditor employed
by Monroe County, FDOT, or County Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement or were
wrongfully retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Section 55.03, Fla. Stat., running from the date the monies
were paid to Contractor. The right to audit provisions survive the termination or expiration of
this Agreement.
10. PUBLIC RECORDS COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to Chapter
119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other"public record" materials in its possession or under its control
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subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County
and Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this provision
by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion or termination of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public records
to the County upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology systems
of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
shall immediately notify the Contractor of the request, and the Contractor must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
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notwithstanding the County's option and right to unilaterally cancel this contract upon violation
of this provision by the Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable time may be subject
to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470,
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST,
FL 33040.
11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, and to the fullest extent provided by law, Contractor shall defend, indemnify,
and hold the County and the County's elected and appointed officers and employees
harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and
(iii) any costs or expenses that may be asserted against, initiated with respect to, or
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of
Contractor or any of its employees, agents, contractors, or other invitees during the term
of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct,
errors or other wrongful act or omission of Contractor or any of its employees, agents,
sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or any of its employees,
agents, contractors, or invitees (other than Contractor). The monetary limitation of liability
under this Agreement shall be equal to the dollar value of the contract and not less than
$1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of
liability shall be as set forth in the insurance requirements included in this paragraph.
The Proposer, without exemption, shall indemnify and save harmless, the County, its
employees and/or any of its Board of County Commissioners from liability of any nature
or kind, including cost and expenses for or on account of any copyrighted, patented, or
unpatented invention, process, or item manufactured by the Proposer. Further, if such
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claim is made, or is pending, the Proposer may, at its option and expense, procure for the
County the right to use, replace or modify the item to render it non-infringing. If none of
the alternatives are reasonably available, the County agrees to return the article on
request to the Proposer and receive reimbursement. If the Proposer used any design,
device, or materials covered by letters, patent or copyright, it is mutually agreed and
understood, without exception, that the bid prices shall include all royalties or cost arising
from the use of such design, device, or materials in any way involved in the work.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement, this section
will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor s failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity in the plans and specifications provided by the Contractor, the
Contractor agrees and warrants that the Contractor shall hold the County harmless and
shall indemnify it from all losses occurring thereby and shall further defend any claim or
action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of Contractor to comply
with the requirements of this section shall be cause for immediate termination of this
Agreement.
Nothing in this Agreement is intended to, or should be construed, to create in the public
or any member thereof, a third-party beneficiary under this Agreement, or to authorize
anyone not a party to this Agreement to maintain a suit pursuant to the terms or provisions
of this Agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at minimum statutory limits as required by
Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury
by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily
injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $2,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage shall include all owned vehicles, all non-owned
vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits
are $1,000,000.00 per person, $2,000,000.00 per occurrence, and $200,000.00 property
damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired
vehicles.
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COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits
of liability of not less than$1,000,000.00 per occurrence and not less than a$2,000,000.00
annual general aggregate, inclusive of amounts provided by an umbrella or excess policy.
Coverage will comply with the State of Florida, Department of Transportation requirements
as outlined in the Grant Agreement.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the County at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than ten
(10) calendar days' written notice shall be provided to the County and to State of Florida,
Department of Transportation before any policy or coverage is canceled or restricted. The
underwriter of such insurance shall be qualified to do business in the State of Florida. If
requested by the County Administrator, the insurance coverage shall be primary insurance
with respect to the County, its officials, employees, agents, and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON
STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS CERTIFICATE HOLDER
AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S
COMPENSATION.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, 1000
NW 111 AVENUE, RM 6108, MIAMI, FL 33172, MUST BE NAMED AS CERTIFICATE
HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S
COMPENSATION.
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and
hold harmless MONROE COUNTY and the State of Florida, Department of
Transportation, including the Department's officers and employees, from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the contractor/consultant in the
performance of this Agreement. This indemnification shall survive the termination of this
Agreement.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Florida Statutes, Section 768.28.
12. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
County and Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the County be required to contain any provision for
waiver.
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13. INDEPENDENT CONTRACTOR
At all times and for all purposes under this Agreement, Contractor is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County.
No statement contained in this Agreement shall be construed so as to find Contractor or
any of its employees, subcontractors, servants, or agents to be employees of the Board
of County Commissioners of Monroe County.
14. NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color, religion, sex, or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI I I of the Civil
Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with
Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as
follows:
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1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, 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 pay or
other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
2) The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The Contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
4) The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representative of the Contractor's commitments under this section and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7) In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or
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federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect
to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of
the United States.
15. ASSIGNMENT/SUBCONTRACT
Contractor shall not assign or subcontract its obligations under this Agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners
of Monroe County, which approval shall be subject to such conditions and provisions as
the Board may deem necessary. This paragraph shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall comply with all of
the provisions of this Agreement. Unless expressly provided for therein, such approval
shall in no manner or event be deemed to impose any additional obligation upon the
Board.
16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this Agreement, Contractor shall abide by all
laws of the Federal and State government, ordinances, rules, and regulations pertaining
to, or regulating the provisions of, such services, including those now in effect and
hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said statutes,
ordinances, rules, and regulations shall constitute a material breach of this Agreement
and shall entitle the Board to terminate this Agreement. Contractor shall possess proper
licenses to perform work in accordance with these specifications throughout the term of
this Agreement.
17. DISCLOSURE AND CONFLICT OF INTEREST
Contractor represents that it, its directors, principals and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sec.
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112.311, et. seq., Florida Statutes. County agrees that officers and employees of the
County recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position; conflicting employment or
contractual relationship; and disclosure or use of certain information.
No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
18. NO PLEDGE OF CREDIT
Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Contractor
further warrants and represents that it has no obligation or indebtedness that would impair
its ability to fulfill the terms of this contract. Contractor is prohibited from placing a lien on
County's property. This prohibition applies to all contractors and subcontractors, suppliers
and laborers.
19. NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any written notices or correspondence required or
permitted under this Agreement shall be sent by United States Mail, certified, return receipt
requested, postage pre-paid, or by courier with proof of delivery. The place of giving
Notice shall remain the same as set forth herein until changed in writing in the manner
provided in this paragraph. Notice is deemed received by CONTRACTOR when delivered
by national courier with proof of delivery, or by U.S. Mail upon verified receipt, or upon the
date of refusal or non-acceptance of delivery. Notice shall be sent to the following
persons:
FOR COUNTY: FOR CONTRACTOR:
Monroe County Beefree, LLC d/b/a Freebee
Executive Director of Transit Managing Partner
1100 Simonton Street 2312 N. Miami Avenue
Key West, FL 33040 Miami, FL 33127
371 N E 61 st Street,
Miami FI *1*11*17
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and
Monroe County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
20. TAXES
County is exempt from payment of Florida State Sales and Use taxes. Contractor shall
not be exempted by virtue of the County's exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is Contractor authorized
to use the County's Tax Exemption Number in securing such materials. Contractor shall
be responsible for any and all taxes, or payments of withholding, related to services
rendered under this Agreement.
21. TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any
aspect of service, the COUNTY shall have the right to terminate this Agreement
after five (5) days' written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving
the other party ninety (90) days' written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract
terms, the COUNTY retains the right to terminate this Agreement. The
COUNTY may also terminate this Agreement for cause with CONTRACTOR
should CONTRACTOR fail to perform the covenants herein contained at the
time and in the manner herein provided. In the event of such termination, prior
to termination, the COUNTY shall provide CONTRACTOR with five (5)
calendar days' written notice and provide the CONTRACTOR with an
opportunity to cure the breach that has occurred. If the breach is not cured,
the Agreement will be terminated for cause. If the COUNTY terminates this
Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the
sum due the CONTRACTOR under this Agreement prior to termination, unless
the cost of completion to the COUNTY exceeds the funds remaining in the
contract; however, the COUNTY reserves the right to assert and seek an offset
for damages caused by the breach. The maximum amount due to
CONTRACTOR shall not in any event exceed the spending cap in this
Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the COUNTY's
False Claims Ordinance, located at Section 2-721 et al. of the Monroe County
Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement
for convenience, at any time, upon thirty (30) days' written notice to
CONTRACTOR. If the COUNTY terminates this Agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this Agreement prior to termination, unless the cost of
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completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONTRACTOR shall not exceed the spending cap
in this Agreement.
E. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes, or has been placed on the Scrutinized
Companies that Boycott Israel List, or is engaged in a boycott of Israel, the
County shall have the option of(1) terminating the Agreement after it has given
the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
F. For contracts of$1,000,000 or more:
(1) If the County determines that the Contractor/Consultant submitted
a false certification under Section 287.135(5), Florida Statutes, the
County shall have the option of (1) immediately terminating the
Agreement after it has given the Contractor/Consultant written
notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement,
at the County's option, if the conditions of Section 287.135(4),
Florida Statutes, are met.
(2) If the Contractor/Consultant has been placed on the Scrutinized
Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List
or if the Contractor/Consultant has been placed on a list created
pursuant to Section 215.473, relating to scrutinized active business
operations in Iran, or been engaged in business operations in Cuba
or Syria, the County shall have the option of (1) terminating the
Agreement after it has given the Contractor/Consultant written
notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement,
at the County's option, if the conditions of Section 287.135(4),
Florida Statutes, are met.
22. GOVERNING LAW, VENUE, AND INTERPRETATION
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that
venue will lie in the appropriate court, or before the appropriate administrative body, in
Monroe County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term of
this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
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23. MEDIATION
The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
24. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree
to reform the Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
25. ATTORNEYS FEES AND COSTS
County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, at all levels of the court system, including in appellate
proceedings.
26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This Agreement is not subject to arbitration. This provision does not
negate or waive the provisions concerning termination or cancellation.
27. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, County and
Contractor agree to participate, to the extent required by the other party, in all proceedings,
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hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
28. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
29. AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law. Each party agrees that it has had ample opportunity
to submit this Contract to legal counsel of its choice and enters into this agreement freely,
voluntarily, and with advice of counsel.
30. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek,
and obtain federal and state funds to further the purpose of this Agreement. Any conditions
imposed as a result of funding that affect the Project will be provided to each party.
The services included in the Scope of Work are being funded, in part, by a grant from the
State of Florida, Department of Transportation (FDOT). As a result, the services that arise
out of this agreement are subject to the provisions in the Grant Agreement. The Grant
Agreement is hereby incorporated herein and attached as Exhibit B. The Contractor
hereby agrees to comply with all terms and conditions of the Grant Agreement and all
federal, state, and local laws and regulations applicable to this project, including but not
limited to all conditions imposed on the County. The Contractor is bound by any terms and
conditions of the Grant Agreement.
Should FDOT determine that the contract, or any portion thereof, is in conflict with
any term or condition of the Grant Agreement, or is in conflict with any relevant
provision of federal or state law or administrative rule, then that determination will
supersede any contrary provision of this contract or Request for Proposals to the
extent of the conflict. FDOT specifically reserves the right to review and approve
any and all third-party contracts with respect to this project and any payment is
contingent on obtaining FDOT approval, as required.
31. PRIVILEGES AND IMMUNITIES
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All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees
of the County, when performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to the performance
of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
32. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution,
state statute, and case law.
33. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the
Contractor agree that neither the County nor the Contractor or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
34. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require
including, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non-
Collusion Statement, and a Drug-Free Workplace Statement, as set forth within this RFP.
35. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent, or employee of Monroe County in his or her
individual capacity, and no member, officer, agent, or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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36. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
37. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
38. PUBLIC ENTITY CRIME STATEMENT
"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, proposal, or reply on a contract
to provide any goods or services to a public entity, may not submit a bid, proposal, or reply
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 Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of thirty-six(36) months from the date of being placed on the convicted vendor
list."
39. MUTUAL REVIEW
This Agreement has been carefully reviewed by Contractor and the County. Therefore,
this Agreement is not to be construed against either party on the basis of authorship.
40. INCORPORATION OF RFP DOCUMENTS
The terms and conditions of the RFP documents are incorporated by reference in this
contract agreement.
41. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners. Monroe County's
performance and obligation to pay under this Agreement is also contingent upon an annual
appropriation by the State of Florida. In the event that the funds on which this Agreement
is dependent are withdrawn, this Agreement is terminated, and the County has no further
obligation under the terms of this Agreement to the Contractor beyond that already
incurred by the termination date.
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42. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
43. AGREEMENTS WITH SUBCONTRACTORS
In the event that the Contractor subcontracts any or all of the work in this project to any
third party, the Contractor specifically agrees to identify the County as an additional
insured on all insurance policies required by the County. In addition, the Contractor
specifically agrees that all agreements or contracts of any nature with his/her
subcontractors shall include the County as an additional insured.
44. FEDERAL CONTRACT REQUIREMENTS (as applicable)
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as
set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200,
as amended, including but not limited to:
44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal
program legislation, which includes Emergency Management Preparedness Grant
Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal
Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than the prevailing wages specified
in a wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. If applicable, the COUNTY must place
a current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or
reported violations to the Federal awarding agency.
When required by Federal program legislation, which includes Emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security
Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program
and Transit Security Grant Program (it does not apply to other FEMA grant and
cooperative agreement programs, including the Public Assistance Program), the
contractors, in contracts for construction or repair work above $2,000 in situations where
the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act
(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). As required by the Act, each
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contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with U.S.C. § 3145, and the
requirements of 29 C.F.R. Part 3 as may be applicable, which are
incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the Federal
Government may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with
all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must
furnish each week a statement with respect to the wages paid each of its employees
engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act
during the preceding weekly payroll period. The report shall be delivered by the contractor
or subcontractor, within seven days after the regular payment date of the payroll period,
to a representative of a Federal or State agency in charge at the site of the building or
work.
44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each contractor must compute the wages of every mechanic and laborer on the basis of
a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any
part of the contract work which may require or involve the employment of
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laborers or mechanics shall require or permit any such laborer or mechanic
in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation;liability for unpaid wages;liquidated damages. I n the event of any
violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable
to the United States (in the case of work done under contract for the District
of Columbia or a territory, to such District or to such territory), for liquidated
Damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.
§5.5, in the sum of$27 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set
forth in paragraph (b)(1) of 29 C.F.R. §5.5.
(3) Withholding for unpaid wages and liquidated damages. The Federal
agency shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with
the same prime contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary
to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of 29 C.F.R. §5.5.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1)
through (4 and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in 29 C.F.R. §5.5, paragraphs (1) through (4).
44.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
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Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
44.4 Clean Air Act (42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act
(33 U.S.C. 441251-1387). Contractor agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C.
§§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C.
§§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate
Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42
U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-
1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000.
The Contractor agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal
agency. The Contractor agrees to report each violation to the COUNTY and understands
and agrees that the COUNTY will, in turn, report each violation as required to assure
notification to FEMA/Federal Agency and the appropriate EPA Regional Office.
44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award
under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed
on the government wide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive
Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp.,
p. 235), "Debarment and Suspension" and the Department of Homeland Security's
regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. SAM exclusions can be accessed at ;,;, u;,;,Z.Q.Y.
Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R.
§180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R.
§180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters
into. This certification is a material representation of fact relied upon by the COUNTY. If it
is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or Proposer
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
44.6 Byrd Anti-Lobbying Amendment (31 U.S.C. & 1352). Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any
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agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,000, the certification,
attached hereto and made a part hereof, must be signed and submitted by the
CONTRACTOR to the COUNTY.
44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R.
200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal
Act, as amended, by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. In the performance of this contract, the
Contractor shall make maximum use of products containing recovered materials that are
EPA-designated items unless the product cannot be acquired-
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
tt s:// .e a. ov/smm/comprehensive-procurement-guideline-c - ro ram.The
Contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
44.8 Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment as set forth in 2 C.F.R. & 200.216. Recipients and subrecipients and their
contractors and subcontractors may not obligate or expend any federal funds to
(1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into
a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Page 23 of 29
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of the
National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government
of a covered foreign country.
44.9 Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The
COUNTY and CONTRACTOR should, to the great extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States.
(2) "Manufactured products" means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including
optical fiber; and lumber.
44.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
44.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below),
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR
Page 24 of 29
and subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in the award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS
AREA FIRMS
A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract
goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall
take the following affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible.
B. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce;
(6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraph (1) through (5) of this section.
OTHER FEDERAL REQUIREMENTS (as applicable)
44.12 Access to Records. Contractor/Consultant and their successors, transferees,
assignees, and subcontractors acknowledge and agree to comply with applicable
provisions governing the Department of Homeland Security (DHS) and the Federal
Emergency Management Agency's (FEMA) access to records, accounts, documents,
information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any
compliance review or complaint investigation conducted by DHS; (2) Give DHS access
to and the right to examine and copy records, accounts, and other documents and
sources of information related to the grant and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by DHS regulations
and other applicable laws or program guidance; (3) Submit timely, complete, and accurate
reports to the appropriate DHS officials and maintain appropriate backup documentation
to support the reports.
44.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency
officials without specific pre-approval. The Contractor shall include this provision in any
subcontracts.
Page 25 of 29
44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting
from a change or modification, change order, or constructive change of the agreement
must be within the scope of any Federal grant or cooperative agreement that may fund
this Project and be reasonable for the completion of the Project. Any contract change or
modification, change order or constructive change must be approved in writing by both
the County and Contractor.
44.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that Federal financial assistance may be used to fund all or a portion
of the contract. The Contractor will comply will all applicable federal law, regulations,
executive orders, Federal Agency policies, procedures, and directives.
44.16 No Obligation by Federal Government. The Federal Government is not a party to this
contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal
entity, contractor, or any other party pertaining to any matter resulting from the contract.
44.17 Program Fraud and False or Fraudulent Statements or Related Acts. The
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor's actions pertaining to this contract.
44.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the Contractor during
the term of the Contract and shall expressly require any subcontractors performing work
or providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
44.19 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of any applicable
Federally-Funded Sub-Award and Grant Agreement between the County and the Florida
Division of Emergency Management (Division).
44.20 If applicable, the Contractor shall hold the Division and County harmless against all claims
of whatever nature arising out of the Contractor's performance of work under this
Agreement, to the extent allowed and required by law.
44.21 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and
Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and will all mandatory standards
and policies relating to energy efficiency and the provisions of the state Energy
Conservation Plan adopted pursuant thereto.
45. Florida E-Verify System — Beginning January 1, 2021, in accordance with Fla. Stat.,
Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize
the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the
Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Page 26 of 29
Security's E-Verify system to verify the work authorization of all new employees hired by
the subcontractor during the Contract term. Any subcontractor shall provide an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. The Contractor shall comply with and be subject to the provisions of
Fla. Stat., Sec. 448.095.
46. UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement will be
excused to the extent that the delay or failure was caused directly by an event beyond
such Party's control, without such Party's fault or negligence and that by its nature could
not have been foreseen by such Party or, if it could have been foreseen, was unavoidable:
(a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other
declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the
geographic area of the Project; (d) government order or law in the geographic area of the
Project; (e) actions, embargoes, or blockades in effect on or after the date of this
Agreement; (f) action by any governmental authority prohibiting work in the geographic
area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial
inability to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse performance by
Contractor under this Section. Contractor shall give County written notice within seven (7)
days of any event or circumstance that is reasonably likely to result in an Uncontrollable
Circumstance, or as soon as possible after such Uncontrollable Circumstance has
occurred if reasonable unanticipated, and the anticipated duration of such Uncontrollable
Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized
and resume full performance under this Agreement. The County will not pay additional
cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no
cost Change Order for such reasonable time as the Owners Representative may
determine.
47. WARRANTY OF PERFORMANCE
Contractor represents and warrants that it possesses the knowledge, skill, experience,
and financial responsibility required to perform and provide all services set forth in the
Scope of Work and that each person and entity that will provide services is duly qualified
to perform such services by all appropriate governmental authorities, where required, and
is sufficiently experienced and skilled in the area(s) for which such person or entity will
render such services. Contractor represents and warrants that the services in the Scope
of Work shall be performed in a skillful and respectful manner, and that the quality of all
such services shall equal or exceed prevailing industry standards for the provision of such
services.
48. ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the parties
hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
Page 27 of 29
Any amendment to this Agreement shall be in writing, approved by the Board of County
Commissioners, and signed by both parties before it becomes effective.
49. FINAL UNDERSTANDING
This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be
modified or replaced except by another written and signed agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
Page 28 of 29
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement
on the day and year first written above in one(1) counterpart, each of which shall, without proof .
or accounting for other counterparts, be deemed an original contract.
, ' , (SEAL)
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�. : BOARD OF COUNTY COMM
ISSIONERS�, r
;art' " h4 ; SAttestAZ'A- II\I MADOK, CLERK OF MONROE COUNTY, FLORIDA
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APPROVED AS TO FORM&LEGAL SUFFICIENCY
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May 7th,2024 Claudia Miro: Jason:S ieqel - Managing •Date Print Name Print Name and Title .
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:Page:29 of 29
EXHIBIT A: SCOPE OF WORK
EXHIBIT "A"
SCOPE OF WORK
REQUIREMENTS FOR
MONROE COUNTY MICRO TRANSIT SERVICE PROVIDER
Oeneirall
The selected contracted service provider will provide project management, implementation and
simulation guidance, software technology, and trip data for Monroe County's new On-Demand
service. The micro transit technology will allow riders to manage their transportation on this
service and provide Monroe County access to all trip data to evaluate the services.
In its response, the proposer is encouraged to detail its approach to each of the requirements
below. For example, clear and transparent communication is critical to making its micro transit
service attractive to riders. Therefore, the proposer should describe not only the types of
notifications that are built into the software but also how feasible it would be to expand the types
of notifications should an additional need materialize.
Monroe County seeks to build a trusting relationship with the selected vendor as a partner. If the
proposer does not have a particular required capability in a fully tested and deployed version of
the technology, the proposer should be transparent and state specifically as such; the proposer
should not state that it is in development. Not having a specific required capability may not
eliminate the proposer from contention, but falsehoods or exaggerations will.
On.-(Demand Tirainsiit Service Parameters
To implement an on-demand transit service for Monroe County, it is necessary to establish a
number of key parameters. Based on the findings from preliminary analysis, the anticipated
factors have been developed. Once the contracted service provider is selected, additional
assessment will be conducted. These preliminary parameters have been developed to outline
the new service and include:
• Service Hours
• Vehicle Type(s)
• Pickup & Drop-Off Points
• Fare
• Qualification to Ride
• Average Wait Time
11 MdUll F11i
Service Hours 5 am — 9 pm This service span is intended to allow employees
to access their early (6 am) shifts, and evening
employees to return home.
Vehicle Type Auto + WAV An automobile typically provides seats for three
passengers, easily accommodating the great
majority of expected ride requests of one or two
people. A wheelchair accessible vehicle (WAV)
is required to meet ADA demands; a minivan is
typical which also could meet the demand of a
party of up to six passengers.
Pickup & Drop-Off Curb to curb The vehicle picks up on the public street nearest
points to the pickup request location; it will usually not
circulate within private properties such as
resorts.
To avoid excessive delays in traffic, the
passenger may be requested to walk to or from a
pickup point in areas of extreme congestion.
These change by time of day and for special
events.
Fare $2 (TBD) Equivalent to the fare charged by Key West
Transit.
Qualification to ride No qualification Available to the general public
Average wait time 20 minutes This is less than average for public on-demand
transit, and somewhat longer than may be
expected for private on-demand transit.
Data Access and Ownership
Monroe County requires full access to, and ownership of all data associated with the micro transit
service. Data collected must readily-available to the County for the minimum requirements
outlined in the Data Collection and Reporting section of this scope.
Trip (Requests
In general, riders must have the ability to book their trip themselves via smartphone and via any
computer or mobile device with internet access. Trip booking must be available via standard web
browsers and from any commonly used internet-enabled device. Riders must also have the ability
to book their trip by calling the contracted service provider's customer service. Also, the
technology should enable a rider to request and cancel subscription (regularly recurring) trips,
advance trips (day before and earlier), same-day trips (on the day of service but not immediate
response), and immediate response trips (come as soon as possible).
At a minimum, the technology should:
• Provide a smartphone app for iOS and Android, available as a free download, to reserve,
cancel or update/modify trip requests. The app should be able to incorporate custom
branding of Monroe County and potentially any partnering funding sponsors. The app
must be developed on an open protocol platform to allow for data integration with
additional County systems now and in the future.
• Allow for riders to register for the service and reserve, cancel and modify/update trip
requests via desktop/laptop computers. Proposers should describe the registering and
on-boarding process.
• Accommodate advance-request and other same-day rides requested up to 48 hours in
advance; for advance trip requests, allow the rider to define a range of acceptable pick-
up times, e.g., 10:00 to 11:00 am, for the date of travel. While it is expected that most
riders will request a trip "in real time" (that is, for immediate fulfillment), the system should
accommodate other same-day trips, advance trips, and subscription trips (see below).
Also, please indicate whether a user is able to schedule all booking legs simultaneously,
or whether the rider must schedule each leg one by one.
• Also accommodate "subscription" or "standing order" requests, such as a weekday
commuting trip, made at the same time and taken between the same origin and
destination. Proposers should indicate whether or not the technology has the ability for a
rider to enter a start and end date for the subscription trip. In addition, if such a
subscription trip exists, it should be easy for the rider to put that trip "on hold" in case of
sickness or vacation.
• Have the ability to choose from a list of favorite/past locations (including "home") and
location names for which the address is unknown to the rider. Describe how the rider
designates pick-up and drop-off locations.
• Have the ability to use a rider's current location as the origin of a trip.
• Have the ability to "push" a requested pick-up location. It is anticipated that the micro
transit service will provide curb to curb service for pick-up and drop-off points identified
by the rider. For some locations, however, it may be problematic for the vehicle to park
safely to pick-up or discharge a passenger. For such locations, the system must inform
the rider that a nearby alternative location has been identified by the system.
• Allow riders with mobility devices to enter the mobility device or service animal as part of
their request. Riders who require a wheelchair accessible vehicle should be able to
request one. The driver must be notified of this information as well as any accessibility
equipment that will be needed for that trip.
• Provide a trip ID to the rider upon trip confirmation, and for immediate trips, notify the rider
as to the expected ETA. Proposers should describe what other information is provided
to the rider upon trip confirmation.
• For all trips, provide the rider with vehicle tracking within a minimum of two (2) minutes of
vehicle arrival and notify the rider when the vehicle assigned to the trip is in the vicinity
and traveling toward the rider's desired location (imminent arrival), and notify the rider
when the vehicle has arrived at the requested location. The technology should also
provide vehicle tracking while the rider is on-board.
• Accommodate "walk-on" riders.
• Notify riders of an emergency/service suspension.
• The proposer's technology that interfaces with riders must meet or exceed WCAG level
AA accessibility standards for web content. The proposer's app must be designed in
accordance with app development standards published by Apple for its iOS platform and
by Google for the Android platform, allowing riders with disabilities, including those who
are blind or visually impaired who use screen readers and other assistive technology to
access the proposer's technology.
• Allow riders to share both real-time and post-trip feedback and rate various aspects of the
trip just taken. While not essential, proposer should describe any additional survey
capabilities to obtain general feedback from riders. All feedback, positive an must be
available to the County at all times.
• Accommodate in-app marketing capabilities.
IDiriiveir Information and IDriiveir/Il iislpatclheir Interface
The Proposer's technology must:
• Provide driving instructions in list, map, and turn-by-turn voice instructions.
• Provide additional information that will help the driver at pick-up. How does the driver
know when and where to stop? How does the technology help the driver identify the rider?
• How does the driver confirm that the rider is not at the agreed-upon location? What
happens if the rider is not at the agreed upon location if the driver is on-time (and if late)?
How does a driver indicate a no-show request to the dispatcher? What happens if the
rider shows up with an unconfirmed service animal and companion(s) and there is
insufficient room?
• Provide for drivers to accommodate "walk-up" riders?
• Provide features that prevents/minimizes distracted driving.
• Provide ways for dispatcher-driver communication.
• Provide dispatchers with ways to add or move trips to another vehicle, should the
need arise, e.g., in response to a vehicle running late or service anomalies such a
route deviation, unexpected traffic, vehicle breakdowns, accidents, or a re-merging
no-show.
• Provide dispatchers the ability to list/view all vehicle runs (and detailed information
about each run) and all unscheduled/unassigned trips or will-call trips on the day of
service.
oftwaire clhedulliiing/IDiislpatclhiiing Algorithms
The proposer's technology must have a proven way of automatically assigning a trip to a micro
transit vehicle in an effective manner to accomplish the service quality standards established by
Monroe County such as achieving a 95% on-time performance for all trip types. Please describe
how the software works by including answers to the following questions in the proposal.
• What factors does the proposer's technology consider when assigning a trip to a specific
vehicle? Can the algorithms be adjusted to reflect Monroe County's desired balance
between cost efficiency and service quality?
• What factors does the proposer's technology consider in routing a vehicle?
• Does the technology allow for setting speed factors by time of day and by area?
• Does the technology allow for the setting of service quality standards, e.g., for immediate
trips, a standard for maximum response time? For other trips, a pick-up window and an
on-time performance standard? What other parameters does the algorithm consider?
How are violations indicated?
• Does the technology incorporate predictive logic to identify and address potential problems
before they occur?
• Does the technology have automated and dynamic "self-healing" capabilities that adjust
or re-assigns trips in order to address violations or increases efficiencies without
dispatcher involvement, and how does that work?
• Is the vehicle routing capability native to the proposer's technology or does the system
rely on a third-party navigation technology vendor? (If the latter, please identify the vendor
and the license of cost.)
• How does the technology automate the dispatch process to reduce the need for dispatcher
intervention?
• Does the technology allow for and track dispatcher adjustments to allow for better
optimization or shared rides?
• Does the technology have the ability to automatically or manually insert a driver break?
Adirniiniistirafiive Ilnteirface
In its proposal, the proposer should describe the control center/operational management tools of
its technology. The administrative interface should also:
• Allow for the establishment of commonly frequented locations, service area polygons and
travel restriction polygons.
• Allow for real-time monitoring of vehicle locations, driver performance, and trip request
fulfillment response times and on-time performance for other trips.
• Allow Monroe to make changes, create or amend zones, create and categorize stops
within zones and modify service times.
• Provide options to generate reports and to extract (and export) operational data for
analysis and in a format suitable for extraction of NTD datasets.
• Provide a way to auto-archive and store "old" data.
• Provide custom report building tools.
IFaires
Monroe County's micro transit service will collect a fare per trip —TDB. Therefore, the proposer's
technology will need to accommodate fare collection. In its response, Monroe County would like
the proposer to describe the technology's capabilities for fare collection, tracking and associated
policies.
IData Collection and IRelpoirtiing
The technology must be able to report ridership data, analytics, and KPIs that provide information
that not only meets NTD reporting requirements but is also useful in evaluating the service and in
future service planning. The technology should provide for and collect the following data:
• The following data shall be collected as part of the registration process:
o Customer Name
o Home address
o Notes for customers and home address (for drivers and dispatchers)
o Cell phone number
o Home telephone number
o Email address for trip confirmations/notifications
o Communication preferences
o Defaults for Personal Care Assistant (PCA), service animal, mobility devices
• For each trip request with origins and destinations within the service area and during
service days and hours (one record for going trip; one record for return trip; one record
per leg)
o Trip identifier
o Subscription, advanced, same-day or immediate reservation
■ For subscription trips:
• Date of reservation
• Days of service
• Date of first service
• Expiration date
• Requested pick-up time
■ For advanced trips
• Date of reservation
• Date of service
• Requested pick-up time
■ For same-day trips
• Time of reservation
• Requested pick-up time
■ For immediate-response trips
• Time of reservation
■ For walk-on trips
• Time of pick-up
o Trip origin (geo-location)
o Trip origin arrival time (and departure time?)
o OTP for subscription trips, advance trips and same-day trips
■ Arrived on-time (within the pick-up window)
■ Arrived late (after pick-up window)
■ Did not arrive (missed trip)
o Response time for immediate trips (in minutes and seconds or seconds) — the
difference between the time of reservation and the vehicle arrival time at the
requested pick-up location
o Trip destination (geo-location)
o Trip destination arrival time
o Trip time (in minutes and seconds or seconds)
o Direct miles between origin and destination — then most direct number of
route/street miles from origin to destination if the trip were served exclusively
o Number of companions
o Number of riders in wheelchair
o Number of service animals
o Trip status (completed, cancelled in advance, cancelled at door, no-show, denied
for insufficient capacity)
• For each dedicated vehicle run for each day of service
o Vehicle run identifier
o Service start time
o Break start time
o Break end time
o Service end time
o Revenue service hours (in service time less breaks)
o Number of total passenger trips served
■ Number of exclusive ride trips
■ Number of shared ride trips
o Number of total passengers (including companions) served
o Productivity (total passenger trips per revenue service hour)
Note: this is different from how paratransit RVHs are measured
• Totals and averages for all trip requests and dedicated vehicle runs compiled for each day
of operation and for each month.
o Requests - Total
o Passenger trips and passengers - total
■ Passenger trips —ambulatory
■ Passenger trips - wheelchair
o Number of completed passenger trips broken down for 4 types of requests
■ Completed — arrived on time (includes immediate-response trips served
within one-hour)
■ Completed — late arrival
o Number of non-completed trip requests
■ Denied
■ Cancelled in advance
■ Cancelled at door
■ No-shows
■ Missed trip
o Number of non-completed passenger trips broken down by status
o Average OTP for subscription trip, advance and same-day trips
o Average response time for immediate-response trips
o Average trip length
o Average trip duration
• NTD submissions, including
o total and revenue vehicle miles
o total and revenue vehicle hours
o unlinked passenger boardings
o unlinked passenger miles
• Rider profiles and trip-making /no-show history
Integration wiith TINCs
Monroe County is interested in whether or not the proposer's technology has the flexibility to
integrate with other applications including Transportation Network Companies.
iiimullatiion Calpalbiilliitiies
Monroe County requests that the proposer's technology includes simulation capabilities. That is,
Monroe County desires that the technology have the capability to analyze new areas and times
for the micro transit service. It is anticipated that the technology will be used to refine and service
and utilized in future planning efforts.
Proposers should detail how the simulation technology works, what inputs it requires, and the
resulting outputs and metrics from the simulation.
IFunc iionall IDesiign
Using the service design and other service factors as a basis, the Proposer shall include in its
proposal a functional design of the technology. All processes and functionalities of the software
shall be represented in the functional design and described in detail. The Proposer shall document
all modules, platforms, and services that will be implemented to meet the needs and desired
service model.
oftwaire Tiraiiniing
The Proposer shall include in the proposal a proposed software training of Monroe County Transit
personnel. Training shall be conducted by persons well versed with the technology, and not by a
local contractor without experience in using the technologies.
The selected vendor shall provide a detailed training plan at least three weeks before training is
scheduled. The plan shall be developed to train staff remotely and on-site. In its proposal, the
Proposer should describe whom the contractor shall train and the length of each training course.
All training shall be conducted during regular business hours.
Complete training and user manuals shall be required for all trainees. The selected vendor shall
supply Monroe County with electronic copies of all documentation and allow the agency to
reproduce copies for their use. During the contract period, it will be the responsibility of the
selected vendor to keep the training and user manuals up to date, and to send electronic copies
to Monroe County that reflect any changes to the software.
Data Security, Privacy, and (Back Up
In its proposal, the Proposer should describe:
• how the technology will secure rider data and what measures are in place to prevent theft
of inappropriate use of data in the system
• how the technology is secured against cyber threats (e.g., ransomware attacks)
• how steps taken to maintain technology uptime and to prevent the loss of data
Hosting and Tecllhniicall Supporrt
The Proposer shall host the software and provide ongoing technical support to Monroe County
for the duration of the project, which is anticipated up to three years from the start of revenue
service.
The Proposer should include its standard maintenance contract with its proposal and indicate in
its proposal the level of technical support and ongoing monitoring that will be provided to ensure
the system is functioning properly. As part of this response, please indicate the number of all staff
members capable of supporting the software and indicate the percentage of their time that is
dedicated to customer support.
Technical support should include but is not limited to:
• Application and User Support
o Live telephone support during Monroe County's micro transit service hours as well
as after-hour responses within 2 hours in the event of software failure
o Assistance with questions on use of approved software configuration and software
version
o Availability of experts to confer on software new release installation and fixes to
bugs
o Software upgrades -discuss the upgrade process and indicate when upgrades
(along with associated new or revised user documentation) will be automatically
provided at no cost to Monroe County during the contract/maintenance period.
o Assistance with system back-ups
o Assistance with technical recommendations focused on improving system
performance
Please state the percentage of "down time" in existing applications of your technology over an
average month and indicate the protocols for service replacement or restoration, as well as rider
notification in case rider and driver communications becomes inoperable or unavailable for more
than five minutes.
Customer Service Supporrt
Proposer should describe its customer service and rider's ability to receive support and provide
feedback via phone and/or the internet. Proposers should include in this description what support
is available for riders without smart phones or access to the internet.
An accessible video on how to use the system is required and must be developed for the unique
service in Monroe County with county staff and/or applicable stakeholders.
Marketing / IPirornotiions IPlain and Ilimpllernentatiion
Proposer shall develop a comprehensive marketing and promotions plan based upon previous
experience deploying micro transit service. Monroe County envisions a combination of hard copy
marketing materials, some promotional events, and online advertising. Strategic and robust
marketing of the pilot will be critical to its success. Proposers shall include several proposed
marketing events in their response.
Vehicle Requirements
The Vendor will provide a mobile-based, on-demand transportation service. Vehicle capacity
shall be a minimum of four (4) individuals at any given time.
A minimum of one (1) vehicle shall be wheelchair accessible. Wheelchair accessible vehicles
shall be equipped to allow for the safe loading, securing, and travel of passengers who use
wheelchairs based on the vehicle's wheelchair capacity and in compliance with the specifications
and regulations set forth by the Federal Transit Administration (FTA) for wheelchair accessible
vehicles. The wheelchair accessible vehicles will be either lift or ramp equipped to accommodate
wheelchairs and shall have a manual backup to its lift system as required by the ADA. The lift
shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant,
and raising and stowing the empty lift if the power to the lift fails.
• Contractor vehicles shall be properly licensed and authorized to legally operate on the
public streets and rights-of-way in the State of Florida.
• Vehicle maintenance must be performed by the contractor.
• Vehicles shall be aesthetically suitable for a neighborhood shuttle.
• Vehicles shall be equipped with equipment/hardware to collect ridership data and with
GPS units for vehicle location.
• Vehicles shall include the Monroe County Transit logo, "Conch".
All vehicles, including wheelchair accessible vehicles, must meet all safety and mechanical
standards established by Federal, State, County, and local law, rules, or regulations.
Wheelchair accessible vehicles shall be equipped to allow for the safe loading, securing, and
travel of passengers who use wheelchairs based on the vehicle's wheelchair capacity and in
compliance with the specifications and regulations set forth by the FTA for wheelchair
accessible vehicles.
1. Services.
a. CONTRACTOR shall provide a turnkey operation to maintain a high level of service for On-
Demand Microtransit daily operations. The CONTRACTOR shall provide all necessary
vehicles, equipment,personnel, electricity,etc to successfully manage, maintain, and operate
services.
b. CONTRACTOR will provide five(5)Vehicles including a minimum of(1)one wheelchair-
accessible vehicle, in compliance with the requirements of the Americans with Disabilities
Act ("ADA"), dedicated solely to the COUNTY (the "Vehicles") for the duration of the
Term.
c. CONTRACTOR will operate the Vehicles within COUNTY's designated service area, as
outlined, during COUNTY's operating hours(weather and conditions permitting), except for
times when drivers are on company-approved meal or shift breaks. CONTRACTOR agrees
that during COUNTY's operating hours, at least one (1) wheelchair-accessible Vehicle will
be available to accommodate passengers upon request, and CONTRACTOR will operate any
ramping system and secure wheelchairs as necessary, to the extent that it is safe and
reasonable to do so, should such accommodations be requested.
d. The CONTRACTOR shall prove Services for the hours of operation Monday—Sunday from
5am— 9pm daily. The hours of operation can be modified to expand or contract by mutual
agreement by both the CONTRACTOR and COUNTY.
e. Each of the five (5) vehicles will operate for a total of eighty-four (84) hours per week
between Monday-Sunday, within the window of the COUNTY's operating hours. The total
amount of vehicle operating hours can be modified to maximize efficiency as ridership data
becomes available throughout the Term.
£ CONTRACTOR will provide drivers for the Vehicles, who will communicate public service
announcements as may be communicated by COUNTY to CONTRACTOR from time to
time.
g. CONTRACTOR will develop a multifaceted marketing plan to encourage ridership on
Vehicles during the term as outlined in the RFP response. This plan will be agreed upon by
CONTRACTOR and COUNTY prior to implementation.
h. CONTRACTOR will provide COUNTY with an advanced data management interface to
support extensive data collection, real-time monitoring, and detailed reporting.
CONTRACTOR will also provide a monthly report showing data and analytics related to
ridership in the Vehicles for the preceding month. CONTRACTOR will provide these reports
within ten (10) business days of the last day of each month.
i. CONTRACTOR will operate the Vehicles in COUNTY's designated area, as delineated in
the attached map or as directed by the COUNTY in writing.
2. Additional Terms.
a. The CONTRACTOR shall implement a sophisticated smartphone application enabling
passengers to seamlessly request rides and receive estimated arrival times for vehicle pick-
up. Additionally, the mobile application will include a driver interface, facilitating seamless
communication between drivers and passengers while enabling the system to efficiently
collect and manage relevant data.
b. CONTRACTOR will provide a custom branded, white-labeled mobile application named
"ConchConnect". This app will be used by riders to request on-demand Microtransit service.
c. The Microtransit service can be requested on-demand through the ConchConnect mobile
app, on-demand by calling CONTRACTORS dispatch center, or by waving an open vehicle
down within the designated service area.
d. Rider's will be charged a fare of$2.00 per trip to utilize the Microtransit services which such
fare will be determined by the COUNTY. The CONTRACTOR will be responsible for
collecting such fare revenue and remitting net fare revenue in the form of a monthly invoice
discount. Net fare revenue means all gross ridership revenue that is collected from the riders
for services less all costs and expenses, including but not limited to sales taxes or other taxes
imposed by law, CONTRACTOR's administrative expenses, credit card processing fees and
other billing related charges by third parties imposing similar processing charges.
e. If at any time during the Term COUNTY determines that a CONTRACTOR employee
assigned to drive the Vehicles is not demonstrating satisfactory performance, COUNTY shall
have the right to request that CONTRACTOR reassign and replace the driver with a
CONTRACTOR employee who meets COUNTY'S standards. Any such request shall be
made by COUNTY to CONTRACTOR in writing and shall state the reason(s) for
COUNTY's request in sufficient detail to apprise CONTRACTOR of the basis for
COUNTY's request. CONTRACTOR shall act to comply with any reasonable and lawful
request within seven (7) days of receiving such written notice from the COUNTY.
f. If at any time during the Term COUNTY determines that any part of a Vehicle is in disrepair,
COUNTY shall have the right to request that CONTRACTOR repair or replace such part or
vehicle so that it meets industry standards.
g. The CONTRACTOR shall secure and maintain for the duration of the Contract, a facility to
store, charge/fuel, and maintain the vehicles used for the Microtransit service.
h. CONTRACTOR shall furnish COUNTY with continuous training and technical assistance,
aligning with the provision of Microtransit services.
i. CONTRACTOR shall provide for and handle all customer service inquiries, complaints, and
feedback regarding services under this Contract.
3. Timeline.
a. The term of this Agreement shall commence on the day that CONTRACTOR and
COUNTY have executed the agreement in full.
b.Service shall commence no later than July 15, 2024.
Ur EXHIBIT B
Kevin Madok, CPA
o ...::. Clerk of the Circuit Court&Comptroller—Monroe County, Florida
~Roe cou+�•
DATE: January 18, 2024
TO: Richard Clark
Executive Director,Transit
FROM: Pamela G. Hanco .
SUBJECT: December 13'h BOCC Meeting
Attached is an electronic copy of die following, fully executed document, that has been
added to the record:
C11 Resolution No. 574-2023 approving Public Transportation Grant Agreement No.
G2M95 with the Florida Department of Transportation,for funding to provide on-demand service
for residents of Stock Island, in the amount of$426,000.00,wide a 50%county matcli.
Should you have'any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
RESOLUTION NO. 574 -2023
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING A PUBLIC TRANSPORTATION GRANT
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND MONROE COUNTY FOR
FUNDING TO PROVIDE ON-DEMAND SERVICE FOR
THE RESIDENTS OF STOCK ISLAND.
WHEREAS, the Florida Department of Transportation ("DEPARTMENT") has awarded
grant funding under a Public Transportation Grant (PTG) Agreement to the COUNTY for
implementation of an On-Demand Service for the residents of Stock Island, hereinafter referred
to as the "PROJECT", the individual elements of which are outlined in the attached Grant
Agreement as Exhibit "A", "Project Description and Responsibilities" to the Grant Agreement,
which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 452156-1-84-01, and has agreed to reimburse the COUNTY for
eligible project costs up to a maximum limiting amount, as outlined in Exhibit"B" "Schedule of
Financial Assistance", to the attached Grant Agreement, which is herein incorporated by
reference; and
WHEREAS, the County has agreed to supervise and inspect all aspects of the PROJECT
construction and administration and the Board of County Commissioners (BOCC) previously
approved the Grant Agreement at its September 20, 2023, meeting; and
WHEREAS, Department requires an implementing Resolution from the BOCC to
accompany the Grant Agreement; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
341.051, Florida Statutes (F.S.).
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
Section 1. The Public Transportation Grant (PTG) Agreement between the State of
Florida, Department of Transportation and Monroe County is hereby approved.
Section 2. Upon execution, this Resolution shall be marked as Exhibit "D" and made a part
of this Public Transportation Grant(PTG) Agreement.
On-Demand Service
Public Transportation Grant Agreement
December 13, 2023
DocuSign Envelope ID:A9EFD22A-B4C1-4FDO-Al C7-255C84FDAD1 6
PASSED AND ADOPTED by the Board of* County Commissioners of Monroe
County, Florida at a regular meeting; of'said board on the l3th day of'December, A.D.,
2023.
Mayor Holly Merrill Raschein Yes
Mayor f1ro Teni Jarnes K. Scholl Yes
Conunissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
V
Corninissioner David Rice Yes
COUNTY COMMISSIONERS
BOARD 01-
adok, Clerk OF MONROE COUNTY, FLORIDA
.......................
As Deputy Clerk Mayor/Chairperson
APPROVEI)AS TO FORM&LEGAL SUFFICIENCY
Monr4e,county Attorney's Office
...........
-------------------------
t Ifies Archer
thta1i-CMelliel-
t . I
Ass tant County Attorney
_T)
On-Demand Service
flublicTransportation Grant Agreement
December 13, 2023
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088774
(item-segment-phase-sequence)
452156-1-84-01 Work Activity Code/Function: 215 Object Code: 751000
Federal Number/Federal Award Org. Code: 55062020629
Identification Number(FAIN)—Transit only: N/A Vendor Number: F596000749114
Contract Number: G2M95 Federal Award Date: N/A
CFDA Number: N/A Agency SAM/UEI Number: N/A
CFDA Title: N/A
CSFA Number: 55.012
CSFA Title: Public Transit Service Development Program
TH1/2T/ �2 I T2R54 PORTATION GRANT AGREEMENT ("Agreement") is entered into
by and between the State of Florida, Department of Transportation,
("Department"), and Monroe County Board of County Commissioners, ("Agency"). The Department and the
Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties."
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in Monroe County Transit will be working with a transit provider to provide on-demand service for the
residents of Stock Island. , as further described in Exhibit "A", Project Description and
Responsibilities, attached and incorporated into this Agreement("Project"), to provide Department
financial assistance to the Agency, state the terms and conditions upon which Department funds will be
provided, and to set forth the manner in which the Project will be undertaken and completed.
3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department
program area selected below (select all programs that apply):
_ Aviation
_ Seaports
X Transit
_ Intermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
_ *Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit B3: Alternative Advanced Pay (Transit Bus Program)
_ *Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Audit Requirements for Awards of State Financial Assistance
Page 1 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance
*Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor
*Additional Exhibit(s):
*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days.
6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective
Date") and continue through June 30, 2025. 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 Department prior to the expiration of this Agreement. Expiration of this Agreement
will be considered termination of the Project. The cost of any work performed prior to the Effective Date
or after the expiration date of this Agreement will not be reimbursed by the Department.
a. _ If this box is checked the following provision applies:
Unless terminated earlier, work on the Project shall commence no later than the _day of
or within _days of the issuance of the Notice to Proceed for the construction phase of the
Project (if the Project involves construction), whichever date is earlier. The Department shall
have the option to immediately terminate this Agreement should the Agency fail to meet the
above-required dates.
7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon
mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not
be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the
prior written consent of the Department.
8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend
any or all of the Department's obligations under this Agreement for the Agency's failure to comply with
applicable law or the terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected.
a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate
the Agreement, the Department shall notify the Agency of such termination in writing at least
thirty(30)days prior to the termination of the Agreement,with instructions to the effective date
of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not
produce beneficial results commensurate with the further expenditure of funds. In this event,
the Parties shall agree upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Agency shall be paid
only for that work satisfactorily performed for which costs can be substantiated. Such payment,
however, may not exceed the equivalent percentage of the Department's maximum financial
assistance. If any portion of the Project is located on the Department's right-of-way, then all
work in progress on the Department right-of-way will become the property of the Department
and will be turned over promptly by the Agency.
d. In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the
Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.
Page 2 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
9. Project Cost:
a. The estimated total cost of the Project is $852,000. This amount is based upon Exhibit "B",
Schedule of Financial Assistance.The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of
Financial Assistance, may be modified by mutual written agreement of the Parties and does
not require execution of an Amendment to the Public Transportation Grant Agreement.
The timeline for deliverables and distribution of estimated amounts between grant phases
requires an amendment executed by both Parties in the same form as this Agreement.
b. The Department agrees to participate in the Project cost up to the maximum amount of
426 000 and, the Department's participation in the Project shall not exceed 50.00% of the
total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of
Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of
the Department's participation and any cost overruns or deficits involved.
10. Compensation and Payment:
a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as
described in Exhibit "A", Project Description and Responsibilities, and as set forth in
Exhibit"B", Schedule of Financial Assistance.
b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of service to be
performed and the criteria for evaluating successful completion. The Project and the
quantifiable, measurable, and verifiable units of deliverables are described more fully in
Exhibit"A", Project Description and Responsibilities. Modifications to the deliverables in
Exhibit "A", Project Description and Responsibilities requires a formal written
amendment.
c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and
verifiable deliverables as established in Exhibit "A", Project Description and
Responsibilities. Deliverables and costs incurred must be received and approved by the
Department prior to reimbursement. Requests for reimbursement by the Agency shall include
an invoice, progress report, and supporting documentation for the deliverables being billed
that are acceptable to the Department. The Agency shall use the format for the invoice and
progress report that is approved by the Department.
d. Supporting Documentation. Supporting documentation must establish that the deliverables
were received and accepted in writing by the Agency and must also establish that the required
minimum standards or level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A", Project Description and
Responsibilities has been met. All costs invoiced shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Exhibit"F", Contract Payment Requirements.
e. Travel Expenses. The selected provision below is controlling regarding travel expenses:
X Travel expenses are NOT eligible for reimbursement under this Agreement.
Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel
expenses specifically authorized in this Agreement shall be submitted on the Department's
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061,
Page 3 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time-
frame to be specified by the Department. The Agency shall, within thirty (30)days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non-
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. 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 deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency 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 Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850)413-5516.
h. Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
Page 4 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to
and incorporated into this Agreement.
k. Offsets for Claims. 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 agreement
that it has with the Agency owing such amount if, upon written demand, payment of the amount
is not made within 60 days to the Department. Offsetting any amount pursuant to this
paragraph shall not be considered a breach of contract by the Department.
I. Final Invoice. The Agency must submit the final invoice on the Project to the Department
within 120 days after the completion of the Project. Invoices submitted after the 120-day time
period may not be paid.
m. Department's Performance and Payment Contingent Upon Annual Appropriation by the
Legislature. The Department's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. If the Department's funding for
this Project is in multiple fiscal years, a notice of availability of funds from the Department's
project manager must be received prior to costs being incurred by the Agency. See Exhibit
"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds
approval being received. The Department will notify the Agency, in writing, when funds are
available.
n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this
Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any
liability,or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure
during such fiscal year. Any contract, verbal or written, made in violation of
this subsection 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 and which have a term for a period of more than
1 year."
o. Agency Obligation to Refund Department. Any Project funds made available by the
Department pursuant to this Agreement that are determined by the Department to have been
expended by the Agency in violation of this Agreement or any other applicable law or
regulation shall be promptly refunded in full to the Department.Acceptance by the Department
of any documentation or certifications, mandatory or otherwise permitted,that the Agency files
shall not constitute a waiver of the Department's rights as the funding agency to verify all
information at a later date by audit or investigation.
p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude
all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred
after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project
Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial
Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for
Page 5 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
not meeting the Project commencement and final invoice time lines, and costs attributable to
goods or services received under a contract or other arrangement that has not been approved
in writing by the Department. Specific unallowable costs may be listed in Exhibit"A", Project
Description and Responsibilities.
11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement and all
applicable laws.
a. Necessary Permits Certification. The Agency shall certify to the Department that the
Agency's design consultant and/or construction contractor has secured the necessary permits.
b. Right-of-Way Certification. If the Project involves construction,then the Agency shall provide
to the Department certification and a copy of appropriate documentation substantiating that all
required right-of-way necessary for the Project has been obtained. Certification is required
prior to authorization for advertisement for or solicitation of bids for construction of the Project,
even if no right-of-way is required.
c. Notification Requirements When Performing Construction on Department's Right-of-
Way. In the event the cost of the Project is greater than$250,000.00, and the Project involves
construction on the Department's right-of-way, the Agency shall provide the Department with
written notification of either its intent to:
i. Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. _ If this box is checked,then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces,the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. _Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct
costs. Note: The de minimus rate is available only to entities that have never had a
negotiated indirect cost rate. When selected, the de minimus rate must be used
consistently for all federal awards until such time the agency chooses to negotiate a
rate. A cost policy statement and de minimis certification form must be submitted to
the Department for review and approval.
iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A
federally approved rate agreement or indirect cost allocation plan (ICAP) must be
submitted annually.
f. Agency Compliance with Laws, Rules,and Regulations,Guidelines,and Standards.The
Agency shall comply and require its contractors and subcontractors to comply with all terms
and conditions of this Agreement and all federal, state, and local laws and regulations
applicable to this Project.
Page 6 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility
for resolving claims and requests for additional work for the Project. The Agency will make
best efforts to obtain the Department's input in its decisions. The Department is not obligated
to reimburse for claims or requests for additional work.
12. Contracts of the Agency:
a. Approval of Third Party Contracts. The Department specifically reserves the right to review
and approve any and all third party contracts with respect to the Project before the Agency
executes or obligates itself in any manner requiring the disbursement of Department funds,
including consultant and purchase of commodities contracts, or amendments thereto. If the
Department chooses to review and approve third party contracts for this Project and the
Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the
Department. The Department specifically reserves unto itself the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of
the same. If Federal Transit Administration (FTA) funds are used in the Project, the
Department must exercise the right to third party contract review.
b. Procurement of Commodities or Contractual Services. It is understood and agreed by the
Parties hereto that participation by the Department in a project with the Agency, where said
project involves the purchase of commodities or contractual services where purchases or
costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida
Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057,
Florida Statutes. The Agency's Authorized Official shall certify to the Department that the
Agency's purchase of commodities or contractual services has been accomplished in
compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the
Agency to ensure that any obligations made in accordance with this Section comply with the
current threshold limits. Contracts, purchase orders, task orders, construction change orders,
or any other agreement that would result in exceeding the current budget contained in Exhibit
"B", Schedule of Financial Assistance, or that is not consistent with the Project description
and scope of services contained in Exhibit "A", Project Description and Responsibilities
must be approved by the Department prior to Agency execution. Failure to obtain such
approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department, in accordance with this Agreement.
c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to
this Agreement that participation by the Department in a project with the Agency, where said
project involves a consultant contract for professional services, is contingent on the Agency's
full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive
Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department
that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
Department funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The Agency and its contractors agree to
ensure that DBEs have the opportunity to participate in the performance of this Agreement.
In this regard, all recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the DBEs
have the opportunity to compete for and perform contracts. The Agency and its contractors
and subcontractors shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of contracts, entered pursuant to this Agreement.
Page 7 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20)years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General,or any other state official.The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
Page 8 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer(CFO), or State of Florida Auditor General.
b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F —Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F —Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F —
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F—Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAuditCo)dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit
Requirements, the cost of the audit must be paid from non-Federal resources(i.e.,the
cost of such an audit must be paid from the Agency's resources obtained from other
than Federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
ht cweb/ the audit reporting package as required by 2
CFR Part 200, Subpart F—Audit Requirements,within the earlier of 30 calendar days
after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F
—Audit Requirements. However,the Department requires a copy of the audit reporting
package also be submitted to FDOTSingleAuditCo)dot.state.fl.us within the earlier of
30 calendar days after receipt of the auditor's report(s) or nine months after the end
of the audit period as required by 2 CFR Part 200, Subpart F—Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will
review the Agency's audit reporting package, including corrective action plans and
Page 9 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F—Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award,the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements,the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSingleAuditCo)dot.state.fl.us
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services(DFS),
or State of Florida Auditor General.
b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
i. In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a State single or project-
specific audit conducted for such fiscal year in accordance with Section 215.97,
Florida Statutes; applicable rules of the Department of Financial Services; and
Page 10 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit"G",Audit Requirements for
Awards of State Financial Assistance, to this Agreement indicates state financial
assistance awarded through the Department by this Agreement needed by the
Agency to further comply with the requirements of Section 215.97, Florida Statutes.
In determining the state financial assistance expended in a fiscal year, the Agency
shall consider all sources of state financial assistance, including state financial
assistance received from the Department by this Agreement, other state agencies,
and other nonstate entities. State financial assistance does not include Federal direct
or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
ii. In connection with the audit requirements, the Agency shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(e),
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
iii. In the event the Agency does not meet the audit threshold requirements established
by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from
the state single audit requirements of Section 215.97, Florida Statutes. However, the
Agency must provide a single audit exemption statement to the Department at
C„C ; iiiclleurii„k(erct.. t.at.e.fB.u. no later than nine months after the end of the
Agency's audit period for each applicable audit year. In the event the Agency does
not meet the audit threshold requirements established by Section 215.97, Florida
Statutes, in a fiscal year and elects to have an audit conducted in accordance with
the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid
from the Agency's resources (i.e., the cost of such an audit must be paid from the
Agency's resources obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, copies of
financial reporting packages required by this Agreement shall be submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
f.:.ID .......... iii c lle u r iik(e dct..st.at.e.fB.u.
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: f� a dg2.n Ilceall(cvt.(e au.�d.st[at.e.fl.u.
V. Any copies of financial reporting packages, reports, or other information required to
be submitted to the Department shall be submitted timely in accordance with Section
215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
A. The Agency, when submitting financial reporting packages to the Department for
audits done in accordance with Chapters 10.550 (local governmental entities) or
Page 11 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should
indicate the date the reporting package was delivered to the Agency in
correspondence accompanying the reporting package.
vii. Upon receipt, and within six months, the Department will review the Agency's
financial reporting package, including corrective action plans and management
letters, to the extent necessary to determine whether timely and appropriate
corrective action on all deficiencies has been taken pertaining to the state financial
assistance provided through the Department by this Agreement. If the Agency fails
to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Agency shall permit the
Department or its designee, DFS, or the Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers,
and project records as necessary. Records related to unresolved audit findings,
appeals, or litigation shall be retained until the action is complete or the dispute is
resolved.
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued and shall allow
the Department or its designee, DFS, or State of Florida Auditor General access to such
records upon request. The Agency shall ensure that the audit working papers are made
available to the Department or its designee, DFS, or State of Florida Auditor General upon
request for a period of five years from the date the audit report is issued, unless extended in
writing by the Department.
16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing
from the Parties' respective Administrators or their designees.
17. Restrictions, Prohibitions, Controls and Labor Provisions:
a. Convicted Vendor List. 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 Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide 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.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked,denied,or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
Page 12 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement
may be expended for lobbying the Florida Legislature,judicial branch, or any state agency, in
accordance with Section 216.347, Florida Statutes.
e. Unauthorized Aliens. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If
the contractor knowingly employs unauthorized aliens, such violation will be cause for
unilateral cancellation of this Agreement.
f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255,
Florida Statutes, for construction services and at the time of the competitive solicitation for the
Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Agency must comply with the requirements of Section 255.0991, Florida
Statutes.
g. E-Verify. The Agency shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the Agency during the term of the
contract; and
ii. Expressly require any subcontractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract term.
h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is
required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which
the Department must form a sole-source, public-private agreement; or through contract or
other agreement with the State, annually receives 50%or more of its budget from the State or
from a combination of State and Federal funds, Recipient shall submit an Annual Report to
the Department, including the most recent IRS Form 990, detailing the total compensation for
each member of the Agency executive leadership team. Total compensation shall include
salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits,
deferred compensation, real-property gifts, and any other payout.The Agency shall inform the
Department of any changes in total executive compensation during the period between the
filing of Annual Reports within 60 days of any change taking effect. All compensation reports
shall detail the percentage of executive leadership compensation received directly from all
State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved
by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us
within 180 days following the end of each tax year of the Agency receiving Department funding.
i. Design Services and Construction Engineering and Inspection Services. If the Project
is wholly or partially funded by the Department and administered by a local governmental
entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
in Section 332.004, Florida Statutes, the entity performing design and construction
engineering and inspection services may not be the same entity.
18. Indemnification and Insurance:
a. It is specifically agreed between the Parties executing this Agreement that it is not intended
by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
this Agreement to maintain a suit for personal injuries or property damage pursuant to the
terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
for materials, supplies, tools, or labor and other just claims against the Agency or any
Page 13 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify,
defend, and hold harmless the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Agency and persons employed or
utilized by the Agency in the performance of this Agreement. This indemnification shall
survive the termination of this Agreement. Additionally, the Agency agrees to include the
following indemnification in all contracts with contractors/subcontractors and
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement."
b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self-perform the Project,then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
Page 14 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT OGC4/25/2023
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right-
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal,or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. 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 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.
c. Severability. 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.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. 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.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
Page 15 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT
GRANT AGREEMENT OGC 412512023
contravention of any applicable state law. If any of the provisions of the Agreement violate any
applicable state law, the Agency will at once notify the Department in writing so 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.
g. Execution of Agreement. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute the same
Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf
of a party will be legal and binding on such party.
h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution
of the Agreement, the Department may unilaterally add the FAIN to the Agreement without
approval of the Agency and without an amendment to the Agreement. If this occurs, an
updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the
Department of Financial Services' Florida Accountability Contract Tracking System(FACTS).
I. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5),
Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section
20.055(5), Florida Statutes.
j. Law,Forum,and Venue.This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. In the event of a conflict between any portion of the
contract and Florida law,the laws of Florida shall prevail. The Agency agrees to waive forum
and venue and that the Department shall determine the forum and venue in which any dispute
under this Agreement is decided.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the day and year written above.
AGENCAbne
roe Count rd of oun STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION
Comm' DowSigned by:
By:
B
Name: Cindy Capdevila
Name: Craig Cates
Title: D6-Director of Transportation Development
Mayor
2
-� STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
A13f S VIN MADOK, CLERK Legal Review:
DocuSigned by:
ov-
•. ._
'��.P .•°r s De ty Clerk °, °
681
OVED AS TO FORM A LEGAL SUFFICIENCY
7donr e untyAttorney'@Otflce
! th-lia MaUlen Archer '
Au tint County Attorney 3
� r
C7 L r't•t
-71
OC: C Q
C^ -7 Z7
rn
w O
01
Page 16 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1C7-255C84FDAD16
To:Simon.Huang@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G2M95
811612023
CONTRACT INFORMATION
Contract. G2M95
Contract'1`"oe_ GD-GRANT DISBURSEMENT(GRANT)
Method of Procc eoment. G-GOVERMENTAL AGENCY(287.057,F.S.)
Vendor Name: MONROE COUNTY BOCC
Ven,dorlb F596000749114
peginnirig Bate of This Agreement 08/15/2023
Ending Date of This Agreement., 12131/2024-- 06/30/2025
Contract Total/Bta+;igetary C0111hot, - ct=$426,000.00
Po$tription. SFY24-MICRO-MOBILITY IMPROVEMENT SERVICE DEVELOPEMENT GRANTFOR
MONROE COUNTY
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE,CPA,COMPTROLLER ON 811612023
Action: Original
evielved crApproved: APPROVED
organization Code; 55062020629
Expansion Option: Al
Object Code.- 751000
Amount: $426,000.00
Financial Project: 45215618401
Work Activity FCT,,. 215
OODA:
Fiscal Year. 2024
Budget Entity; 55100100
category/Category,Year: 088774/24
Amerldment-ID: 0001
equence; 00
User Assigned ID:
Inc Line(ft')i/Status:. 0001/04
Total Amount: $426,000.00
Pagel of 1
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context, description of project components funded
via this Agreement (if not the entire project)): Monroe County Transit will be working with a transit provider to provide
on-demand service for the residents of Stock Island. This project will help connect Stock Island residents with existing
public transit opportunities established by Key West Transit within Stock Island and Key West to safely and effectively
travel. It will also complement the Key West Transit system in an effort to reduce the overall number of vehicular trips
on US1.
B. Project Location (limits, city, county, map): Monroe County Board of County Commissioners/Key West, FL/Monroe
C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate
timeline, project schedule, project size): "Service Development Projects specifically include projects involving the use
of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services, and
other such techniques for increasing service to the riding public as are applicable to specific localities and transit user
groups. Projects involving the application of new technologies or methods for improving operations, maintenance, and
marketing in public transit systems can be funded through the Service Development program. Eligible capital costs
are any costs that would be defined as capital costs by the Federal Transit Administration. Examples would include,
but not be limited to: the acquisition of buses for fleet and service expansions; transfer facilities; intermodal terminals
and park and ride facilities; and passenger amenities, such as passenger shelters and bus stop signs. Eligible net
operating costs are all operating costs of a project; less any federal funds, fares, or other sources of income to the
project."
D. Deliverable(s): Monroe County Transit will be working with a transit provider to provide on-demand service for the
residents of Stock Island.
The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice
purposes will be the incremental progress made toward completion of project scope elements. Supporting
documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of
incremental progress that has been made, and provide evidence that the payment requested is commensurate with
the accomplished incremental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not limited to): N/A
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The
original grant agreement will include funding for year one. Funding for years two and three will be added by
amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year
have been met.
Page 17 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT B
Schedule of Financial Assistance
TRANSIT OPERATING ONLY
FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
A. Fund Type and Fiscal Year:
Financial Fund FLAIR State Object CSFA/
CSFA/CFDA Title or Funding
Project Type Category Fiscal Code CFDA Funding Source Description Amount
Number Year Number
452156-1-84-01 DPTO 088774 2024 751000 55.012 Public Transit Service Development Program $426,000.00
Total Financial Assistance $426,000.00
B. Operations Phase -Estimate of Project Costs by Budget Category:
Budget Categories
State Local Federal Total
Operations (Transit Only)
Salaries $0 $0 $0 $0
Fringe Benefits $0 $0 $0 $0
Contractual Services $426,000 $426,000 $0 $852,000
Travel $0 $0 $0 $0
Other Direct Costs $0 $0 $0 $0
Indirect Costs $0 $0 $0 $0
Totals $426,000 $426,000 $0 $852,000
* Budget category amounts are estimates and can be shifted between items without
amendment (because they are all within the Operations Phase).
C. Cost Reimbursement
The Agency will submit invoices for cost reimbursement on a:
_Monthly
X Quarterly
_Other:
basis upon the approval of the deliverables including the expenditure detail provided by the Agency.
Scope Code and/or Activity 30.09.01
Line Item (ALI) (Transit Only)
BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable,
reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file
evidencing the methodology used and the conclusions reached.
Simon Huang
Department Grant Manager Name
5° nY 12/27/2023 1 4:31 PM EST
Signat& , Date
Page 18 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT D
AGENCY RESOLUTION
PLEASE SEE ATTACHED
Page 19 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT E
PROGRAM SPECIFIC TERMS AND CONDITIONS—TRANSIT
(Service Development)
1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 341.051, F.S.
2. Bus Transit System. In accordance with Section 341.061, F.S., and Rule Chapter 14-90, Florida Administrative
Code, the Agency shall submit and the Department shall have on file, an annual safety certification that the Agency
has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C.,
and has performed annual safety inspections of all buses operated.
3. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory
Management Procedure (725-030-025), which outlines the requirements for continuing management control, inventory
transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA
Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the
Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles
purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service
Development Program, or other applicable Department programs.
4. Progress Reports. The Agency will submit Semi-Annual Progress Reports on monthly ridership data. Reports are
due no later than January 301h for the period ending December 31s'and July 301h for the period ending June 301h.
5. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side
comparison of the project goals and actual service data.
6. Submittal of Proposed Timeline. The Agency will submit a Proposed Time Line for Service Development Activities
prior to the commencement of the project.
7. Final Report. At any time when it becomes necessary to terminate the project or at the end of the two years, a Final
Report will be submitted by the Agency. This report will accompany the Final Invoice for reimbursement. The Final
Report will include the following:
a) An evaluation of the attainment of the goals and objectives.
b) The reasons any of the goals were not met.
c) The benefit accrued by the Agency.
d) A statement of the Agency's intent to continue with the service demonstrated.
-- End of Exhibit E--
Page 20 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT F
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being
claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being
claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved
agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to
the services being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show
gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is
being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based
on a specified percentage rather than the actual cost of fringe benefits,then the calculation for the fringe benefits
amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe
benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which
includes submission of the claim on the approved State travel voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the property to the
State when services are terminated. Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and/or contracts between universities may submit alternative documentation
to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web
address „kt. . ../ vv....iEm flcrlir aefc.eci mfC.:�li li lici�f l�lai�u. all fr ceu. i mei�t fRefereineeG:..jlidefcrStateE .eindlit.u.ire�. .r4f.
Page 21 of 22
DocuSign Envelope ID:A9EFD22A-B4C1-4FD0-A1 C7-255C84FDAD16
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02
PUBLIC TRANSPORTATION STRATEGIC
DEVELOPMENT
GRANT AGREEMENT EXHIBITS OGC4/25/2023
EXHIBIT G
AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE
THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:—
Awarding Agency: Florida Department of Transportation
State Project Title: Public Transit Service Development Program
CSFA Number: 55.012
*Award Amount: $426,000
*The award amount may change with amendments
Specific project information for CSFA Number 55.012 is provided at: Ih tp. „p,p f.r �,,,gp -, /�eardhC a[4.o aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT:
State Project Compliance Requirements for CSFA Number 55.012 are provided at:
.:k:tp ... .p.l . ..::tie .::.q iED./s /�eardhC oi�:p..I!Jain.ce, . ..p
The State Projects Compliance Supplement is provided at: Ih„kt . „ ,p ,flrj..,,gp ePi2 allii i ge, p
Page 22 of 22
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of It*city'or mirillrii —according lo law Gri nrj
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proposal with ful authoro to do so„
b. The Ipices in this proposal have been arrived at irrdependen4 wiffiout uI
consuftlion, communication, or agilearn&A 'ror 010 purposm of restrictffig
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ilosppm,,imq, pr)mession,or use .,A a comolled substance i, prohibited in lhe wootjrAace
and spqrifywmg the aoijam 1hat will,be taken against ovlolayoes for vi(AvWfiw or%rich
prohibilion.
2. informemployeea about the dimgeis Of drug abuse In the wcprXpjace,the business'pokcy
d maintaining a dirug-Iree wurkoerA,, any gwailable,ftig murtsphng,meha&14mzn, aind
empb ae asiiislarce programs,and the 1,rjay I!xe iu,eposed.upon emplDyees;
for driug abuse violaboris,.
3. Give ewh,empioyee vVaged Vi proWding I.Itul comr"o01m%or voinlracluid&arvices that
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5 Impose a sarvion an,or require the sadvlavory padicilmlion m a drug abuse a tam*
or rphao,'diluatkon program if such Is available in Ili* emp4pyee"s community, rot aoy
employee who is so carMrted
�5 Wke a good fakihi effcyt to mrviimui� to fmaintain a rugs free workplace through
irnplementalm of this sections.
As the pefson aL4hode6d W Slqn the Vatemwnt,N certify lhatlbms fwm u. eRrywllsrs lijklywith line above
requirem,ents
....................
SIA TIE CI ..............
GDONTY 01:
SWAenh d
!Z;Z i'Y '.!.:........... 7
aft" HOIM'Itle IS J.*Iscnally 11 moyn or his IY6dUCed
oil
.41
........
o�� AH 4N615t
NOTARY PUBLIC'
twTAet th4'mjh Qmro Aism
Cumrwmov EKORM
7-1 �My yi1 r ? i
PR0P0,$P,t,FORM Cin 2�D Page 28 09 84
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L 0GA L PREFERENCE FORM
A.Vmd4m dairl'ung a II�aO Ixtroummm,wo;)rding li;Ordinarim 0,3.2 On J,w5 mr-ionded by 01*101"cm
Nos.,XA-2b r 6 and CZ5,201 I ua,rrB,M ccxr4halA lhi+ lbmli
Nwpe cd C181w ..............
W�,NST 011Aw I"YeSt jy0f a the m5fid,. or pyjnpbsnle"r 1'naalua hArmah mpV
2 Doss tric wankv r^.aoR a physical bumqlass address Vacated wilhin PADIme County Irom whiCh lho vandw
aTcrglps o'r pbrform's kiuinmq on a day h dwy kmirs Mak in a subsIorfioR cgripow,4 OF Via YjW$c>i'
serwptes b6ngj uffeted Vj Mumnie C4xlnly7 Nq
fl"Via P VVkA buShm w1drefis rrwsl be reprvslered as ts rowmJrYal VWou of bwOimss With dw RarW4
Opparimew 0 Swe for of leave gran M 17yaar phor Ic to mmkm of mcrogm5r,Gar hid ar prupcgo
LM Addraiml, 371 NE 6 1 si Strumn P&amu,F 1.33137
ToaphoraNLP%V L 1u IYC-yVsJ ...........................................................___............ ........................................
B,Does 1he wom.1wegnme comrsclor uNdW to subcantract 50%or mare,of Ific glixydi,smk es or
{njo&h uOka6i lb If.K.Al bushwoo�mmting Or*<-.p ilr.rlis ab:o:vf.-all t1b licentimig agid Imawfill............Nq
NC Ves,plaam P meal de°
Copy F.If reDraOIx or Ow4wr4mmis lam paid In Pw Wiffiripp FErprl y I ix Colltmjlo bV 1hp Pubcanum-M&IJiOeYC
Ha least DllY2 p`,1)year prilul Le lhe iifffitm ur raga ftlfur bd 01 ul,DpusaL
ITlit opr;mm$s mli,51 ha logwored m,% it,. Pfiricipat Plae m,0 tua&rreaa NAPT,Me Rafidal
he r'llyfice CA,reAgem few rildE�w propossis)
Derygullmkft�ur SuOP�kii,;Al li.�hihr eaj 0.e,I)Year pt'al bo
KINt 61af.Shnum,Pd1laft,rL.33137 Tel Numbw
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11".............
"gn Cw arftft of ArAtwmi SgnarlorY foT
SrA OF
C;OUNllTY Of
Swbper�tpcd Wnd 5 1,a 'ffirmmd)dckwne 1741,4Y me*1110 a "physi-al preaeoca or L unkne ric4armylian,
am
,
7c I f no c1l............................ (na,,
ohs ll� M,Wr'he us Potm.1nafly k"nawrl m me m I%HS produced If y6m.
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A MOAPO hak-Stmul d F
I ARY PALIC
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PROPOSAL FORM GO]29 Page 29 of N
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PUSLIC EMITTY CRIME STXTEMENT'
Person or aftate WhO h8S keen placed on Ov wwwomw venaoi,Bast tollawing a convirlion for
pub*orility cfilne vrwrV snort surom a bey on,@ corivacl io pfovioe any goods or services t,o a publiL
entity may not siapmj a 014,1,proposal or rerAy on a contraLl to provide any goads Of W008S 10
a putilic entity,may nol subrind a dip,pfopcAail,of reply on a cardrad with,a pubk:eolAy for that
ezristrurfion ar repair of a,publin building Df PLiblic woA May nol&pbrnit bids on basses of real
prilperty to a putlic amity, may not lb" AwArOW or tmirfocffi Work as a contritu'riv, suppilw"
gwboantraotor or corwManl under a conlract w4h any pubficentfty,and,May not Irwi&w buapness'
Wrih any pubbe entAy in excess,of the threshold arnount provded,in $ertion �87.017, Fbfidai
SwuoP5,f,;,i CATEQORY TWO,for a period of thirty-skx(3(�months from the date of being,p[aPz,6-1
or the ronvictedoendu list."
I naive read the above aiir'iid StAtelhal neither
spi-4@w ...............fProposer's name)nor
aory affiliate has bin placed wi;the convicied verWot list Wittlin the last thirly-six k36)nxt intlls,
(Signakur*
.........................
STA"I"FOP P,kx4a,
ro° jNTIV GF: Mianls.dadu
Subsuribed and 9worn to(or affirmed)bol'bre OV means eft J��ihvsiesl Presence Or 1�3 001kne
010181'izm6aft on
(,riaive of affianit) tje fjhe is personMfy 0own 10
rna or has prndLEud rorot` identfication rdenisfication.
....................
NOTARY PUBLIC
wj CommisRon Expiies
PROPOSAL FORM r�ur&1,7),7•Prga 30&84
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flo4 . CEO
'as s"S'raoe L ono w v Diu,so l way oSr aw i rlm:°0 o„pr;w IrrwS„Ora"Psrarmusrao,o tl"aCly wi,u o uv,.og'Sem a i,r,.r s0c
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7� "•1 01a 11 l:.wrry
AOrrrrri�'It o'."Ie 'ca'It 0 i
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BYRD-ANTI LOBBYING CERTIFICATION
APPENDIX A,44C.1F.R-PART 18—CERTIFICALTIONI REGARDING LOBBYING
(To be submitted with each bid-or ciffer exceeding$1010,0w)
Cerhfication for Contracts,Grants,Loans,and Cooperative,Agreernents
The unidersitgned certifies,to the best of his ar her knowIledge and lbefiieff,that:
I. Noy Federall appirolpHated funds have bee, paid or wilill be 1paid, Iby or on behallif of the
J1111dersigned,to ainV person for iiifl,Lwenfc!Cingorattp-mptlngto influence an officer or ernp4ayee
ofan agency Member of Congress,an cifficeiroirerniployee of Congress,or an ernployee of
a Member of Congiress in connection with the awarding of any Federal contract,the qnakmg
of any Federal graint, the makmng of any Federal 11c,ain,the entering into of any cooperative
agreement, and the extension,continuatdon,renewad, amendment,or modification of any
Federal contract,grant,loan,or cooperative agireeinent.
2. if airryfunds other-than Fedeiral approphated funds have been paidor-Will
be pald to any person for influencing or attempting to infilUence ain officer or eimployeeoi
agency,a Member of Congress,an officer or eMplayee of Congress,, or an ernployeie of a
Membern n w of Congress in coin this Federai contract, grant:,loaino or cooperatme
agreement,the undersigned shall carnplieteand submt Standard Form-LLL,"Disclosure F,0171111
to Relpart Lobbying,"In accordaince with its instructions.
I The undersigned slhalRl requue that the langittage.of thins certification The
incliuded in the awward doi for all subawards, at ail] tiers (incliadiing subcontracts,
SlUbgrants, and contracts ureter grants, Illoamns, and cooperative agreements) and that aUl
slubrec;Vents shall ceirtoN, and disclose acccor&ngly. TNs certfication is a rnatehall
repiresentation of fact, upoinn wNch relliance was Iplaced when this transaction was, made or
entered into.Submission of this,certification is a preireClLflSfte foie maklinig or entering into this
tiransactmon imposed by seitbin 13,52,Tltllle 31, U.S. Code-Any person who faiths to file the
recluked certific.aUonshall be SUbject toa clivil peigallity of not Illess thain$10,000 and not rnore
titian$100,0010 for each such failure.
The Contractor, efree —certifres or affirms the truthfullness and accuracy
of each stat:emient of its certificabon and disdosuIre,if any.in addition,
the Contractor understands and agreess that the provisions of 31 U.S.C:. Chap. 39,
Mministrative Remedies for False Claims and Statements, applly to,this certification and
disckoi ff any.
Sig)ndtiure of Contractar's Authorized OffidaV
Jason Spiegel 411 4
Name and Title of Contractor's Authorized Offidal Date
PROPOSAL FORM 00120-Page 32 of 94
MO N III?0�E COUI IIU,J I Y V'S
I t'A Ff
I SH
Ill7 o 'iI'�ty 0 w ��e d u s � ess
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MINIORITYOWNED IBUISINESS DECLARATION
a stAt-conhactof engag,:e,d by,Mommoe C01I roar mg
The compIction oI associaled with ffie below in6cated project (Cileckone),
is a mi-nofity hit.inez taiteqq,,ise,is defined,in Section 288,703.
F1*ra'A SI'MIT'llres
tea
is not a,minority busmess enterprise,as dew:6i Section,288,703,
Florida Swules,
IF S,288703(3«'MiI business enterprise"means a"small 1I concern,as defined In subserron
JGtfsee beINI whiLb IS organ reed)to eng4g*iI cbmitfiettial tfaftSaI whith ii 6&M,k"d a F lafida,and
wbich is at least 5 1-petcmrt.owned loyminoirly pvIrsons,who are members of an II lar group that It of a
particullar M3621,ellI argend*r Makeup at national origin„wh kh,has been subjected hswYkally to dlisparate
treatmerI to WePORcaton in arI that groIIjp resin Ring in at,underrepresontation vf commercla,
enwslpfises urider the group's controV,arvis wa hare fflair&&I and daily operations we autnroNed by such
persons,A mmo;livy business enterprrse may prnI imuramlwe the.prnike of a praf ession,0wrI by a
te'I person does flatl iI ownersirip,wiI is the resvia&f a transfew from a,won,roiI petwn ream
minority person wthin a related im,rovdowtv fa m"y groan if the comb4ned totall net aT,,s:sA vakm ofail nrenn,I
of such II group exceeds$1 tyrillidn.Fat pl,jrposesol thus subsectoon,'the rerun""related urnm ediI famllV
,group"rnpa-s wane Pr more crth l4ren under 16 yeaj5 of age and a parent of 5orrh&I or Ow ipouto olI
pareat residing in the same h0LIse or IMI
FS 299,703�Q'SmaR business'means an mdependeinilty owned and PPI bwereIss concern that employ;
20'D 00 ft.ed' effilIFI and that,t6getho,with ru,Ofiliarte-,ha�a net w6I bf not mort
than:$5 milhois or any firm based m M is mate which has a SrraN Bu5kiess AdminIntration 8(a)certir5cation,As
opplitablo to sole propfletoeships,the$5,MMIlon ret:worth roquirorrant zilvilli include lbolh persvoAl and b.siI
investments
co,&hrActor Motirot Couaty
SlIpplatore -Sagniture
Print NM%tI Jason Spigg'01 Print Naxszve
Title-, CEO Tille:
Addrres&r, 371 NEr 61 st St GXIB Dept.Verilltd,Aa
Joftv)
Mlarni),Ft., II
PEE contr-att.
YUMA Prairck Nambrr,
PROPOSALFORM D0120,11 35 of 84
Pew MO N F?0 E 111C OUI�14 I Y
M
ISH
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
O5/07/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Nicole Landrau
NAME:
Avante-NEA Insurance Group,LLC HCNN. Ext: (305)221-2400 a/c,No: (305)221-2411
E-MAIL nlandrau@avante-nea.com
ADDRESS:
8700 W.Flagler St.,Suite 401 INSURER(S)AFFORDING COVERAGE NAIC#
Miami FL 33174 INSURERA: Zurich American Insurance Company 16535
INSURED INSURER B: Hartwell Insurance Co
Beefree Holdings,Inc;Beefree,LLC,DBA:Freebee INSURER C:
371 NE 61 st Street INSURER D:
INSURER E:
Miami FL 33138 INSURER F:
COVERAGES CERTIFICATE NUMBER: 23/24 Monroe County REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 300,000
MED EXP(Any one person) $ 5,000
A Y GL0375996201 01/01/2024 01/01/2025 PERSONAL&ADV INJURY $ 2,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000
JECT LOC PRODUCTS-COMP/OP AGG $POLICY El PRO 4'000'000P1
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
X ANYAUTO BODILY INJURY(Per person) $
A OWNED SCHEDULED Y BAP375996301 01/01/2024 01/01/2025 BODI LY I NJ U RY(Pe r accide nt) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY APPROVED BY RISK MANAGEMENT Per accident
x PIP $ 10,000
UMBRELLA LIAB OCCUR DATE 5/15/2024 EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
WAIVER N/A_YES_
DED I I RETENTION $ $
WORKERS COMPENSATION X1
SPTER
EORH
AND EMPLOYERS'LIABI LI TY Y/N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
AOFFICER/MEMBER EXCLUDED? N/A WC375996101 01/01/2024 01/01/2025
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
Excess Auto Liability
B HARTFB2401 04/01/2024 01/01/2025 Combined Single Limit 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The Monroe County Board of County Commissioners,it employees and officials will be included as Additional Insured on all policies,except for Workers'
Compensation.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners c/o Purchasing Dept. ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
AUTHORIZED REPRESENTATIVE
Room 2-213
Key West FL 33040 V� v
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