Okaloosa County BOCC — September 16, 2014 — FDOT Block grant FY15 — reading text

All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders, 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shal! constitute one in the same instrument. 19.00 Restrictions on Lobbying: 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an ernployee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. if any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 728-030-06 PUBLIC TRANSPORTATION OGC - 0414 Pago 13 of 14 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the Jatter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as definad by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will resuit ina delay in the payment. The invoice payment requirements do not start until a properly completed inveice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E-Verify: Vendors/Contractors: 1. 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 Vendor/Contractor during the term of the contract; and 2. shall 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. 725-030-06 PUBLIC TRANSPORTATION OGC -04H4 Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Okaloosa County Board of Gounty Commissioners AGENCY NAME DEPARTMENT OF TRANSPORTATION Charles K. Windes Jr. SIGNATORY (PRINTED OR TYPED) TITLE SIGNATURE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Chairman TITLE FINANCIAL PROJECT NO. 42225318401 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Okaloosa County Board of County Commissioners. PROJECT LOCATION: Okaloosa County PROJECT DESCRIPTION: This agreement provides for the Department's participation in the Agency’s operational, administrative, and managerial expenses using State Block Grant funds for cost associated with the fixed route transit system. This funding provides 50% of the operating cost of public transportation services in the urbanized area. Scope: Provide public bus transit services to people in urbanized area within the Okaloosa County operating area in the manner described in the Agency’s grant application and performed in accordance with the requirements of the State Public Transit Block Grant Program and the provisions of this Agreement, Deliverables: Agency shall demonstrate the rendition of services as described in the Scope above by submitting invoices for reimbursement in the form and manner, and with the supporting documentation required, by the Department including without limitation Agency’s total costs of administration, management, and operations directly incident to the provision of public bus transit services (but excluding depreciation or amortization of capital assets). Such invoices shall be submitted at such times as the Department may require. Additional Requirements: Agency shall: Submit Project in TransCip along with a letter of request. * Submit TDP or Annual Progress Report by September | in accordance with FAC Rule 14-73 along with the Fare Box Recovery Ratio report. © Submit NTD Report by way of TransCip after approval by FTA. « Notwithstanding the provisions of Exhibit “C,” submit Performance Measures for approval by the Department by September 15 and publish as indicated in FDOT Procedure 725-030-030, attachment A. « Submit quarterly reports, including ridership and goals, milestones, through TransCip. e Relevant pages from the Transportation Improvement Plant (“TIP”) for the year funds were allocated submitted to Department. « Submit final report through TransCip upon completion to include summarization of the success, problems, and recommendations. © Detailed budget that delineates all operating expenses with the project and clearly defines the expenses associated with the project as it relates to the transit system submitted to Department SPECIAL CONSIDERATIONS BY AGENCY: See Exhibit “C”, The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable and the amount of state funding actions (receipt and disbursement of funds) and any federal or local funding actions and the funding action from any other source with respect to the project. in accordance with 10.10, Third Party contracts must be approved by the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: See Exhibit “C”. MULTI-YEAR CONTRACT FINANCIAL PROJECT: 42225318401 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Okaloosa County Board of County Commissioners. The Department has programmed the funding amounts shown below in the most currently adopted Work Program. The funding for subsequent years are based upon federal and/or state appropriation levels and on the distribution formula as outlined in Exhibit “C”. This funding will be made available, annually, in the following manner. After all program requirements have been met, the Department will encumber funds for that fiscal year and will advise the agency in writing, NOTIFICATION OF FUNDING form, of the amount of funding available and beginning date when eligible project cost may be incurred. This notification must be signed by the agency and returned to the Department. FY 14/15 Total Estimated Project Cost $ 880,538 Local Funding (LF) (50%) $ 440,269 Federal Pass through Funding (DU) ( %) $ State Funding (DDR/DS) (50%) $ 440,269 TOTAL $ 880,538 Itis the intent of the Department to participate in the project to the level of funding encumbered not to exceed 50% of the eligible and allowable non-federal share or whichever is less. FINANCIAL PROJECT NO: 42225318401 EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Okaloosa County Board of County Commissioners. REF; Section 341.052 F.S. Must meet the requirements set forth in Department Procedure 725-030-030, Public Transit Block Grant Program. The Department shail provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made