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HomeMy WebLinkAbout2014-153 ,t ��l /Jao! STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1b 1 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION ^ OGC-,,,4 JOINT PARTICIPATION AGREEMENT �O J cj 'f�J Page of 14 Financial Project No. Fund: DU FLAIR Approp 088774 407182-2-84-01 Function: 215 FLAIR Obi. 790004 (item-segment-phase-sequence) Federal No. FL-18-X034 Org.Code: 55042010429 Contract No. DUNS No. 80-939-7102 Vendor No. VF596000674007 CFDA Number 20 509 Agency DUNS No. CSFA Number- N/A CFDA Title: CSFA Title: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16 00 WITNESSETH WHEREAS,the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 , Florida Statutes,to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein,the parties agree as follows. 1.00 Purpose of Agreement:The purpose of this Agreement is To provide funding assistance to Indian River County for a non-urbanized area public transportation project consisting of operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit Administration's Program,49 U S C 5311 and as further described in Exhibit(s) A,B.0&D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Page 1 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1114 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements:The Agency shall commence, and complete the project as described in Exhibit "A"attached hereto and by this reference made a part hereof this Agreement,with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein,and all applicable laws. 2.20 Pursuant to Federal,State,and Local Law: In the event that any election, referendum,approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe,assume or carry out any of the provisions of the Agreement,the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite 2.30 Funds of the Agency:The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings,Contracts and Other Documents:The Agency shall submit to the Department such data, reports, records,contracts and other documents relating to the project as the Department may require as listed in Exhibit"C"attached hereto and by this reference made a part hereof The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is$ 143.886.00 This amount is based upon the estimate summarized in Exhibit"B"attached hereto and by this reference made a part hereof this Agreement.The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation:The Department agrees to maximum participation, including contingencies, in the project in the amount of$ 71,943.00 as detailed in Exhibit"B", or in an amount equal to the percentage(s)of total project cost shown in Exhibit"B",whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to- (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement;Approval of all plans,specifications,contracts or other obligating documents as required by the Department,and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget(Exhibits A&B)at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ❑ is 0 is not applicable. If applicable,the Department may initially pay 100%of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4 00 Page 2 of 14 725-030.06 PUBLIC TRANSPORTATION OGC-1/14 Page 3 of 14 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget:A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4 00 of this Agreement,or Amendment thereto,and is approved by the Department Comptroller 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records:The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and"Principles for State and Local Governments",separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the"project account" Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five(5)years after final payment is made. Copies of these documents and 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 Agency and all sub-consultants performing work on the Project and all other records of the Agency and sub-consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5)year period,the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.30 Costs Incurred for the Project:The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.40 Documentation of Project Costs:All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls,time records, invoices,contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.50 Checks,Orders,and Vouchers:Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn.All checks, payrolls, invoices,contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and,to the extent feasible, kept separate and apart from all other such documents. 6.60 Audit Authority: In addition to the requirements below,the Agency agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or Auditor General.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 access to such records and working papers upon request.The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general,the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit"D"attached hereto and by this reference made a part hereof this Agreement. Page 3 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 Page 4 of 14 6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised and Section 215 97, Florida Statutes, (see"Audits"below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised,and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate,the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General(OIG)and Florida's Chief Financial Officer(CFO)or Auditor General. 6.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds,the following annual audit criteria will apply- 1 In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit"D"to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year,the recipient shall consider all sources of Federal awards, including Federal resources received from the Department.The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1 ,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3 If the recipient expends less than the amount in Part I, Paragraph 1 , an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit,the cost of the audit must be paid from resources obtained from other than Federal entities. 4 Federal awards are to be identified using the Catalog of Federal Domestic Assistance(CFDA)title and number, award number and year, and name of the awarding federal agency Part II State Funded: If the Agency is a nonstate entity as defined by Section 215 97(2)(m), Florida Statutes,and a recipient of state funds,the following annual audit criteria will apply- 1 In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500, 000 in any fiscal year,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO;and Chapters 10 550(local governmental entities)or 10 650(nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit"D"to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part ll, Paragraph 1.,the recipient 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 Chapter 10 550(local governmental entities) or 10 650(nonprofit and for-profit organizations), Rules of the Auditor General. 3 If the recipient expends less than the amount in Part ll, Paragraph 1 ,such audit is not required. If the recipient elects to conduct such an audit,the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4 State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number, award number and year, and name of the state agency awarding it. Page 4 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 Page 5 of 14 Part III Other Audit Requirements 1 The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved.Access to project records and audit work papers shall be given to the Department,the Department Comptroller, and the Auditor General.This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1 Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised, as revised, and required by Section 6 62 Part I of this agreement shall be submitted,when required by Section 320(d), OMB Circular A-133 as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B The number of copies required by Sections 320(d)(1)and(2), OMB Circular A-133 as revised, submitted to the following address. Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections 320(e)and(f), OMB Circular A-133 as revised. 2. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the Department for reasons pursuant to section 320(e)(2), OMB Circular A-133 as revised,the recipient shall submit the required written notification pursuant to Section 320(e)(2)and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us In addition,pursuant to Section 320(f), OMB Circular A-133 as revised, as revised,the recipient shall submit a copy of the reporting package described in Section 320(c), OMB Circular A-133 as revised, and any management letters issued by the auditor,to the Department at the following address. Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us Page 6 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 Page 6 of 14 3 Copies of financial reporting packages required by Section 7 62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B The Auditor General's Office at the following address. Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4 Copies of reports or the management letter required by Section 6 62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 5 Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, Section 215 97, Florida Statutes, and Chapter 10 550(local governmental entities)or 10 650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 as revised or Chapters 10 550(local governmental entities)or 10 650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package 6.63 Record Retention:The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee,the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee,the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency,the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary The Agency shall take timely and appropriate corrective action to any audit findings, recommendations,and corrective action plans. 6.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities,the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: Page 6 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1114 Page 7 of 14 7.10 Action by the Agency: In order to obtain any Department funds,the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd Ft. Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account(as defined in Paragraph 6 10 hereof)to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A" Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit"A" Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit"A"has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F S., and shall be submitted on the Department's Travel Form No.300-000-01.The Department may establish rates lower than the maximum provided in Chapter 112.061, F S 7.15 For real property acquired,submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property,and actual consideration paid for real property (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property 7.20 The Department's Obligations: Subject to other provisions hereof,the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement,the Department may elect by notice in writing not to make a payment on the project if- 7.21 Misrepresentation:The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto, 7.22 Litigation:There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project,the Agreement, or payments to the project; 7.23 Approval by Department:The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests:There has been any violation of the conflict of interest provisions contained herein, 7.25 Default:The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. or 7.26 Federal Participation(If Applicable):Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance,the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit"B" Page 7 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 Page 8 of 14 7.30 Disallowed Costs: In determining the amount of the payment,the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability 7.40 Payment Offset:If, after project completion,any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement,the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty(60)days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project;or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason,the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal;the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1)necessary action to terminate or suspend,as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2)furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and(3)remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement.The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan,and budget within a reasonable time The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F S and made or received in conjunction with this Agreement. 9.00 Audit and Inspection:The Agency shall permit, and shall require its contractors to permit,the Department's authorized representatives to inspect all work, materials, payrolls, records, and to audit the books, records and accounts pertaining to the financing and development of the project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements: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, 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 as provided in Section 7.23 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 10.20 Procurement of Personal Property and Services Page 8 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 10.21 Compliance with Consultants'Competitive Negotiation Act: It is understood and agreed by the parties Page 9 of 14 hereto that participation by the Department in a project with an Agency,where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287 055, F S, Consultants'Competitive Negotiation Act.At the discretion of the Department,the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases,the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287 055 F S,the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency,where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities,which includes engineering, design, and/or construction activities,where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287 017 F S , is contingent on the Agency complying in full with the provisions of Chapter 287 057 F S.The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287 057 F S 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", or that is not consistent with the project description and scope of services contained in Exhibit"A"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 as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise(DBE)Policy and Obligation: 10.31 DBE Policy:The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U S C 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U S C 3801 et seq) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency 11.00 Restrictions,Prohibitions,Controls,and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project,the Agency shall not discriminate against any employee or applicant for employment because of race,age, creed,color,sex or national origin. The Agency will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, age, creed,color, sex, or national origin. Such action shall include, but not be limited to,the following: Employment upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project,except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts,except subcontracts for standard commercial supplies or raw materials.When the project involves installation, construction, demolition, removal, site improvement,or similar work,the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. Page 9 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 Page 10 of 14 11.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964(42 U S C 2000d, et. seq.),the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto 11.30 Title VIII-Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,42 USC 3601,et seq.,which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex,and age. 11.40 Americans with Disabilities Act of 1990(ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA(42 U S C 12102,et. seq),the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests:The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project,with any officer,director or employee of the Agency, or any business entity of which the officer,director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer,director or employee or the officer's,director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest"means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project,with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer,director or employee of the Agency The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government,or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of,or Delegates to,Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits.The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits,and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties:The Department shall not be obligated or liable hereunder to any party other than the Agency 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which 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. Page 10 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is Page 11 of 14 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 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law- Provided,that if any of the provisions of the Agreement violate any applicable State law,the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment:The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records:The Agency agrees'to maintain property records,conduct physical inventories and develop control systems as required by 49 CFR Part 18,when applicable 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use,the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards.The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity:To the extent provided by law,the Agency shall indemnify,defend, and hold harmless the Department and all of its officers,agents, and employees from any claim, loss,damage, cost,charge,or expense arising out of any act, error,omission,or negligent act by the Agency, its agents,or employees,during the performance of the Agreement,except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss,damage, cost, charge, or expense arising out of any act,error,omission, or negligent act by the Department or any of its officers, agents,or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement,the Department will immediately forward the claim to the Agency The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14)working days and will jointly discuss options in defending the claim After reviewing the claim,the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section.The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations,and trial, if any However, if only one party participates in the defense of the claim at trial,that party is responsible for all expenses at trial. Page 11 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the Page 12 of 14 constructing and equipping of facilities,where plans and specifications have been developed,the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit"C"if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction,and contractual documents produced by the Engineer, hereinafter collectively referred to as."plans",the Agency will certify that: a. All plans comply with federal,state, and professional standards as well as minimum standards established by the Department as applicable, b The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits"A"and"B"of this Agreement as well as the Scope of Services;and d. The plans comply with all applicable laws,ordinances,zoning and permitting requirements, public notice requirements,and other similar regulations. Notwithstanding the provisions of this paragraph,the Agency, upon request by the Department,shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion,Agency Certification:The Agency will certify in writing on or attached to the final invoice,that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility,that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature 15.20 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Chapter 339 135(6)(a), F S , are hereby incorporated:"(a)The Department, during any fiscal year,shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year" 16.00 Expiration of Agreement:The Agency agrees to complete the project on or before 12/31/2019 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 Director of Transportation Development Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice:The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format:All words used herein in the singular form shall extend to and include the plural.All words used in the plural form shall extend to and include the singular All words used in any gender shall extend to and include all genders. 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 shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: Page 12 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 19.10 Federal:The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of Page 13 of 14 the Agency,to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency 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 latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215 422(3)(b), 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 defined by rule Interest penalties of less than one(1)dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s)from the Department. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the 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: Vend o rs/C ontractors: 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. Page 13 of 14 725-030-06 PUBLIC TRANSPORTATION OGC-1/14 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 Indian River Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller Peter D. O'Brvan SIG ATO Y(PRINTED OR TYPED)t LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly SIGNATURE DEPARTMENT OF TRANSPORTATION Chairman Director of Transportation Development TITLE _ TITLE BCC Approved ',-110-21-14 APPROVED AS TO FOR • .•oy coa.... Qty.. AN1 "ALSF6 dEBY WRAAL DEPUTY COUNTY ATTORNEY •Q' Page 14 of 14 Financial Project No 407182-2-84-01 Contract No Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number PROJECT LOCATION Indian River County BOCC PROJECT DESCRIPTION: To provide funding assistance to Indian River County for a non-urbanized area public transportation project consisting of operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit Administration's Program,49 U S C 5311 SPECIAL CONSIDERATIONS BY AGENCY The audit report(s)required in paragraph 6 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 action(receipt and disbursement of funds)and any federal or local funding action and the funding action from any other source with respect to the project. Deliverables. 1 The Agency shall submit quarterly progress reports via TransCIP,the web-based state grant management software, by logging into WWW transcip com, and clicking on the"Quarterly Report"tab 2. The Agency shall submit an invoice on the project at least every calendar quarter or as they may specify in an email to the Department's Project Manager This email must be provided in the invoice packet provided to the Department. The Agency shall include two(2)invoice hard copies of the back-up and one in TransCIP, and three(3)original Invoice Summary Sheets. Please refer to JPA Sections 5 0 and 6.0,for correct payment provisions. Contact the Department's Project Manager for any additional questions before invoicing. 3 The Agency shall upload annual farebox report to TransCIP under the Library tab to the Agency's Fare Box Documents. 4 The Agency shall submit DBE reports via TransCIP semi annually 5 Funds shall be used for public transit services in non-urbanized areas. For agencies whose service area includes both urbanized and non-urbanized areas,special care shall be taken to ensure funding is not inappropriately applied to urbanized area service.Agencies must develop a method of allocating costs between urbanized and non-urbanized area service. This can be based on passengers, route maps or other records or methods. SPECIAL CONSIDERATIONS BY DEPARTMENT Page 1 of 1 i Financial Project No 407182-2-84-01 Contract No Agreement Date 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 Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number I PROJECT COST $143,88600 TOTAL PROJECT COST $143,88600 II PARTICIPATION: Maximum Federal Participation FTA ( 0 %) or $ 000 Agency Participation In-Kind ( %) or $ Cash ( 50 %) or $ 71,943 00 Other ( %) or $ Maximum Department Participation, Primary DU ( 50 %) or $ 71,943.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST $143,88600 Page 1 of 1 Financial Project No 407182-2-84-01 Contract No. Agreement Date EXHIBIT "C" (Section 5311) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended(49 U S C app ' 5311)and Section 341 051(1)(a)Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655 The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5311 subrecipient assures the project will be completed in accordance with all applicable requirements imposed by or issued pursuant to 49 U S C 5332,42 U S C 2000d, and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. The Section 5311 subrecipient agrees to comply with 49 U S C 5323(d)and 49 CFR Part 604,which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service,except under one of the exceptions at 49 CFR 604 9 Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. Pursuant to 69 U S.0 5323(f)and 49 CFR Part 605,the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment,vehicles, or facilities. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U S C 53230)and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre-award and post delivery requirements outlined in 49 CFR 661 12. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act,as amended, 33 U S C 1251 if the agreement exceeds$100,000 The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti-Lobbying Amendment, 31 U S C 1352(b)(5)and 49 CFR Part 19,Appendix A, Section 7 If this agreement is for a construction project over$100,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U S C 7401 if this agreement exceeds$100,000 Page 1 of 2 EXHIBIT "C" (Section 5311) The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended(49U S C 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247 The 5311 subrecipient agrees to comply with the Davis-Bacon and Copeland Anti-kickback acts as codified at 40 U S.0 3141 and 18 U S C 874 for any agreement exceeding$2,000 For any contract over$2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act codified at 40 U S C 3701 The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U S C 5311 and 29 CFR Part 215. The 5311 subrecipient shall not perform any act,fail to perform any act, or refuse to comply with any FDOT requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. In accordance with Florida Statute 341 061, and Rule 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 and Security Program Plan pursuant to Rule 14-90 and has performed annual safety inspections of all buses operated. The agency shall require the independent auditor, retained to perform the audit as required by the Office of Management(OMB)Circular A-133 and/or the Florida Single Audit Act,215.97 F.S.,to specifically test and certify that services funded by the program were provided in non-urbanized areas,that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (Exhibit B) Page 2 of 2 Financial Project No. 407182-2-84-01 Contract No. Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here. (e g.,What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc. ) NOTE: Instead of listing the specific compliance requirements as shown above,the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc.The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount Federal Transit Administration 20 509 $71,94300 Compliance Requirements Authorization(040): American Recovery and Reinvestment Act 2009,49 U S C 5311 Objectives(050): To improve, initiate,or continue public transportation service in nonurbanized areas(rural and small areas under 50,000 population)and to provide technical assistance for rural transportation providers. Types of Assistance(060): FORMULA GRANTS Uses and Use Restrictions(070): Section 5311 funds may be used for eligible capital expenses, project administration, and operating expenses needed to provide efficient and coordinated public transportation service in nonurbanized areas. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources,and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the governor certifies that such needs are adequately met. Rural Transit Assistance Program(RTAP)funds may be used for technical assistance,training, research, and related support services. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources,and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the governor certifies that such needs are adequately met. Rural Transit Assistance Program(RTAP)funds may be used for technical assistance,training, research,and related support services. Page 1 of 3 EXHIBIT "D" Eligibility Requirements(080) Applicant Eligibility(081) Only designated State agencies and Indian Tribes may apply directly to FTA for grants. Eligible sub-recipients may include State agencies, local public bodies and agencies thereof, nonprofit organizations, Indian tribes, and operators of public transportation services, including intercity bus service, in rural and small urban areas. Private for-profit operators of transit or paratransit services may participate in the program only through contracts with eligible recipients. Private intercity bus operators may participate as subrecipients or through contracts. Urbanized areas,as defined by the Bureau of the Census, are not eligible. Beneficiary Eligibility(082): The general public, both users and nonusers, and private and public providers of public transportation in nonurbanized areas. Credentials/Documentation(083): The State agency must be designated by the Governor to administer the program. Projects must be included in the State Transportation Improvement Program(STIP)approved by FTA and FHWA. The state and subrecipients must agree to the standard labor protection warranty for the program Environmental assessments may be required.Compliance with FTA's annual list of Certifications and Assurances is required. Eligible coast must be in accordance with OMB Circular A-87 The state must submit a program of projects listing all subrecipients and projects in accordance with FTA Circular 9040.1 F issued April 4,2007 FTA annually issues a Federal Register Notice of apportionments,allocations and program information. For fiscal year 07,the publication date was March 23,2007 Prior year notices can be found on the FTA website at www fta.dot.gov or by contacting the appropriate FTA regional office to obtain copies or publication dates. OMB Circular No.A-87 applies to this program. Formula and Matching Requirements(101): Statutory Formula: Title 49, Part 18. Matching Requirements. Program funds are apportioned annually to the states according to a statutory formula. Twenty percent of the funds are allocated by the ratio of nonurbanized land area of each State to the nonurbanized land area of all the States with no State receiving more than five percent of these funds. Eighty percent are allocated by the ratio of nonurbainzed population of each State to the nonurbanized population of all of the states. In addition to the funds made available to States under section 5311, approximately 16 percent of the funds authorized for the new section 5340 Growing States and High Density States formula factors will be apportioned to States for use in nonurbanized areas. Rural Transit Assistance Program(RTAP)is funded as a two percent takedown from the amount authorized and appropriated for Section 5311 and can be used for technical assistance,training. Research and related support activities. From the amounts made available for RTAP, up to 15 percent may be used by the Secretary to carry-our projects of f national scope with the remaining balance to the states. Funds are allocated annually based on an administrative formula that provides a base amount to each state and allocates the balance according to the nonurbanized area population.The maximum Federal share eligible capital and project administration costs is 80 percent,except for three categories of projects that can be funded at 90 percent share: projects designed specifically to increase the accessibility of public transportation to bicycles and vehicle related equipment required to comply with the ADA or the Clean Air Act.The maximum FTA share for operating assistance is 50 percent of the net operating deficit. Other Federal funds may be used for half of the local match requirement. Income from purchase of service contracts with human service agencies may be used for the entire local share for operating assistance There is no matching requirement for RTAP or for state administration. This program has MOE requirements,see funding agency for further details STATE RESOURCES State Agency Catalog of State Assistance(Number&Title) Amount Compliance Requirements Page 2 of 3 EXHIBIT "D" Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance(Number&Title) Amount Compliance Requirements NOTE:Section.400(d)of OMB Circular A-133,as revised,and Section 215.97(5)(a),Florida Statutes,require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Page 3 of 3