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HomeMy WebLinkAbout2024-199Indian River County Grant Contract Subrecipient Award This Grant Contract entered into and effective this September 10, 2024, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL, 32960 (County) and Senior Resource Association (SRA - Subrecipient), 694 14'" Street, Vero Beach, FL, 32960, for providing and administering mass transit service for Indian River County. Background Recitals A. The County received grants (see attached list) - Exhibit A (Award) from the Federal Transit Administration (FTA) and the Florida Department of Transportation (FDOT) on the Award Date listed in Exhibit A. B. The Award is for planning, acquisition, construction, improvement and operating costs of facilities, equipment, and capital maintenance items used in public transportation. C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is listed in Exhibit A. D. The Assistance Listing Number (ALN) and Catalog of State Finance Assistance Number (CSFA) for the Award, if applicable, is listed in Exhibit A. The total dollar amount made available under the Award is $5,828,186. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money (Grant) for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals: The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant: The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient and incorporated herein by this reference (Exhibit B). 3. Research and Development: The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) listed in Exhibit A (Grant Period). 5. Grant Funds and Payment: The approved Grant for the Grant Period is $5,828,186. (Exhibit A). The amount of federal funds obligated under this Contract by the County to the Subrecipient is $3,598,281 (Exhibit A). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records: The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws: The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), and Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. Subrecipient is registered with and will use the Department of Homeland Security's E - Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Subrecipient is also responsible for obtaining proof of E -Verify registration and utilization, in the form of an affidavit, for all subcontractors. The Subrecipient has provided an affidavit in accordance with 287.138, Florida Statutes, relating to prohibition against contracting with entities of foreign concern. 7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grant during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. The Office of Management and Budget may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. If Subrecipient expends $750,000 or more ($1,000,000 starting October 1, 2024) in Federal Awards during Subrecipient's fiscal period, a single audit must be conducted for that fiscal period in accordance with the compliance require ments of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements: Subrecipient shall, no later than October 1 each year, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's Risk Manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non - owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit); and (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration: The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. All such insurance shall provide a waiver of subrogation in favor of the County; and be primary and without contribution from the County or its insurance carrier. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification: The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records: The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 7.9 Cooperation: The Subrecipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County of Clerk of Circuit Court & Comptroller. Cooperation shall include, but is not limited to, providing records, answering questions, and participating in interviews by County or Clerk of Circuit Court & Comptroller staff. The Subrecipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Circuit Court & Comptroller agree to an alternative response time. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLIC RECORDS@INDIANRIVE R.GOV Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 8. Termination: Termination in regards to F.S. 287.135: Subrecipient certifies that it and those related entities of Subrecipient as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Subrecipient certifies that it and those related entities of Subrecipient as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Owner may terminate this Contract if Subrecipient is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. Owner may terminate this Contract if Subrecipient, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information: Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Kristin Daniels, Budget Director Indian River County 1801 271h Street - Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 694 14th Street Vero Beach, FL 32960 10. Availability of Funds: The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms: This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity: Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. IN RIVER COUNTY BOARD SO Susan Adams, Chairman Attest: Ryan L. Butler, Cle of Circuit Court & Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: Approved: John A. Ti anich, Jr., 6ounty Administrat ICy n er Shuler, County Attorney SUBRECIPIENT: _ By: `` p> Agency Name: Senior Resource Association Karen Deigl, President/CEO Indian River County BOCC SRA Related Grants Description/Grant Name State Grants: FDOT Public Transportation Block Grant FDOT Service Development Grant FDOT Transit Corridor Grant Total State Grants Federal Grants: FTA Section 5307 Grant FTA Section 5339 Grant FTA Section 5311 Grant FTA Section 5311 Grant CRRSAA and ARP Total Federal Grants EXHIBIT A State Award ID CSFA 2,841,623 02/14/2024 02/14/2024-03/31/2032 FL -2024-006-00 Federal Award ID ALN 02/14/2024 Amount Award Date Grant Period G21-198 55.010 $ 729,905 3/11/2024 03/11/2024-06/30/2027 G2V45 55.012 $ 1,200,000 4/14/2024 04/14/2024-03/31/2027 G2N79 55.013 $ 300,000 09/29/2023 09/29/2023-09/30/2026 2,229,905 FL -2024-006-00 20.507 2,841,623 02/14/2024 02/14/2024-03/31/2032 FL -2024-006-00 20.526 212,246 02/14/2024 02/14/2024-03/31/2032 G2X84 20.509 180,000 06/04/2024 06/04/2024-04/30/2026 G2F91 20.509 364,412 01/12/2023 01/12/2023-12/31/2025 3,598,281 Total of All Awards $ 5,828,186 MWO DocuSign Envelope ID- 0816=7-0061-4664$C& _.,EC50ME207 STATE OF FLOMDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Financial Project Number(s): Fund(s); (item-se�men�ohaa�s�eaie�c»I 407190-5-84-C1 Work Activity Code/Function: Contract Number CFDA Number CFDA Tide: CSFA Number CSFA Tide: G2ugs I„®I EXHIBIT Form 725-000.01 STRATEGIC DEVELOPMENT OGC 7f22 DDR. DPTO, LF FLAIR Category 068774 Federal Number/Federal Award Identification Number (FAIN) — Transit only, Federal Award Date N/A Agency SAMtUEI Number N/A 55.010 Public Transit Block Grant Proqram 215 Object Code: 751000 Org, Code 55042010429 Vendor Number F596000674006 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ('Agreement°) is entered into March 11, 2024 , by and between the State of Florida, Department of Transportation, ('Department'), and Indian River County BO+CC, ("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 Secticn(s) 341.052, 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 Block Grant fundino for ooeratino assistance to Indian River County BOCC for its urbanized area of Indian River, 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 _ Intermodat Rail Crossing Closure _ Match to Direct Federal Funding (Aviation or Transit) (Nate: 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 82: Advance Payment Financial Provisions 'Exhibit 63: 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 R Contract Payment Requirements X `Exhibit G Audit Requirements for Awards of State Financial Assistance Page 1 of 23 DocuSign Envelope ID: 0816C707 -0061-46B4- -86EC50A4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fo m 725-000-01 PUBLIC TRANSPORTATION SAO" DEVELOPMENT GRANT AGREEMENT OCC 7R2 '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 specked 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, 2027. 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 23 IX P su M M 3 * (A _ M r 0 0 03 0 3 M. :1 cr < M a 0 Lb :r 0 a 0- w a 3 (D (D < M 0 n M cr 0 - m m O. 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(D M n cy m c M CL 0 CL M m_. cr Cin 0 D, cn M M AC:) m 0 A)0 n M (D U) DON C: 73 a M M lu m Z7 O O 0_ C) (1) En En 5 N su --1 71 -n a) cn -j Mr 0— 3-0 0 c: W m > M 0 3 M 0 .9 -n--h 6 >M< (A (D CL M 0 M CI_ 0 M <= tpn my )M w -, :1 :; < cr a) w a) M =) l< cy (A. ago 0 0 0 cr a- CL a M FD ,< 73 --1 a CT =r 0 rr ( cr —,< 5 3 cm = Cn (D 0 71(D 0 M M TCD 0 Cl (A C M 3 Lwo < 3 @ w Cr 0 3 —3 KID C 0 0 35, w M 7, CA W 44 OL Chcr cr o 0 :r a3 NCjm rr C to> co r�- -0 3 t>o -mo con XM (D ::r L4 -0 co CL rr P c_3 CL ia) 0 C) — co N �o 60 o., DocuSign Envelope ID: 08160707-0061-4664 86EC50A4E107 STATE OF FLOR{DA DEPARTMENT OF TRANSPORTATTON Form 7264w4l PUBLIC TRANSPORTATION STRATEGIC OEYELOPMENT GRANT AGREEMENT OGC 7r72 Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 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 urable 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 retumed 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 property 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. 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. L 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 23 r DocuSign Envelope 10. 0816CM7-0061-46844C> MME207' STATE OF FLORFDA DEPARTMENT OF TRANSPORTATION Forth 725-00"1 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 7722 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. 1. 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 Departments 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 revels 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. 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. 1 35(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 penod 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 23 r" (U l� t7 CD Y in CO N iJ 'L fn I-- �. C G to tj m _0 m O .v> �..� v 4> 3 m o L 8 F y V 0 O q C 10 6 O Er t O J o� CQ Qn �@ 0 N 0 C �j C ` O t0 D_ W au In ro a _m v 4 o3v �vnmE E ..ro c � roc�v �u� - c vrn= " ro o>,.vt� n ro not D `tea �v �ro .pro ��,ro � � 4�EN oa. rr` aim c E �e•n o c o t� u, T v m m w v E° vt5 3� ° K N d a°i rnC �i L E mE ow n_ c �s ``° o w ° m c E tn �=W �aN O� adi �y ncv coo v Qin N v oL%CuE n room ro»- roYyv �oUc vroo n Z� E >E c° cq T7 U Y v O > v Q c m ro o V a > .p C N m vim v.E v ° c o o 3d q ° ccs n C � ' .E o oo � .cv a u� voi W C"0 ao v_ — v v — O C E vl C O tU C .•c >, v Y O g N N ro ro a ro E Ev y, ro N C f�D U O = 0 � ° �% O� N C O � p +v -0 � U >_ V' c QS .G >O U ` U O C U y, .`n C n. � «, v — F E (O - LE Vf V 4I O U E O C t5 O :E v V �. a N 3 0 —° N v i s � c m v w v 3 v v m o E v ° a� ro .. m u c nt Y CU o °- D v in FZ ° m o v 0 L° o•� N ° off¢ �' u 0 Q) E n�iA- L ro� a_O u v ° aco V rim c v v v E c f9�i v E oz3 � c 12 � F- io w � � c cTi ° cv u m pro rnE � v� T� v E ro °' �.E v•G °"0 v Q z c O O d ,« C U y c� �; G7f .. ¢ ro d U tR ` > v ,� to y p W � v 3 v c o° dt of E a�Di y c� tr ti v c c v ro v� E> s� 0 � o Ix v O -g > ro css y E' v I~' y v r5 ° sn c c v a rn c_ o Lu ° v d c d o ar3 n ,n n' E ro ro v a CL roc m ro ZCL W m �° co' c v ti Q `� c An > `c v `�w v > Q v >.v ZC�7 a� ►�-C Q c a c° °' rn coo E axi a� 10t°-° r,� oro U o o v34 L° v ro��u3cc ro <QQ E°! EU c o n ro -E cE°ic c m e c Emrov�O o rn R S in OK cvivv°vva -0 t, a; %n _ aC va ,o °c_ E3 `° N a� C .c Q d �y a N v a p w ai m .`v m cu `- E U_Q Ecco ='� u� `=co wD cro c cIm-W v vv�T7ar 0.y' -U 12 ro=phi o ) p P cv C T� '�' c 4@ to >O v .` ] U C a. v N v— O LLm U v Uro a, ro ;; U �'roE (v ,n v N m �' ot FE,r� > �t 4 v �' c vro yw > ro =�Q IL t) V u c ° y, E ami u o �v zi y_°En ro~ p o c m o m N' a v U ro m y rn q> T !0 v o U E w x N O m U c4 O ro C C- v s OL c d y O^ {j QJ R d d c c U {� L L y' ), .. E d �p U y vtY c o 0 3 E v jr-Yq m div w h� >ro ca„_.d w c CE €cam Vw a�icc° °'v 2a�vi ��ov Nc cv �Z°'v�a cv? ta0� Y tcv �'°.� OC>O(^U a n moo' x vC v roNdv o,@._ raUc o rn v v 3 v v, a a W o f my o7N o v� D E E- L$ cnv>C klv v ro[nc4'c cvc? a� cE xav� .0 da dmCD a� °t4+� C to .i7 O C U �`'L7 CL j 0 O� ° O O U o ,Op ro- � X O v 0�- N� U 'c N rna a� N m v roc ro cc c N o o N iv Iv c U I. y,nc n W mac- c E ro m cTi 4� r- 0"= v 2 c x� C U v O O }' n � U7" R•O > O t0 p C - E d C Q c rn.GD Cr Zd a' n.v Z"y U 3 Irla 1Q<L ro ro cm °J cd ri u v ai E .O c O O. d U 0 v ro r r DocuSign Envelope ID: 0816CM7-0061-4684-8C& ,EC5OA4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Frn 725-00D-01 PUBLIC TRANSPORTATION DEVELOPMEN EMENT NT GRANT AGREEMENT °GC 7M 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. !t: 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. 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. 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 23 I DocuSign Envelope ID: 0816G707-0061-46844 -86EGMME207 STATE OF FLORIDA DEPARTMENT CF TRANSPORTATION Farts 725-000.01 PUBLIC TRANSPORTATION sTRATEG+ DEVELOPMENTT GRANT AGREEMENT OGC 7r= 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. greement: 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 W 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 andlor 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 23 7 > --i -n 0 Z (D > w ao o 3 @(6 0 0 (D 3 m =r =1 —0 0 W-0 W 7V 0 > -n LA. -n > -0 (U CL M a) 'n Cn < M ;M -n :Z 0 o M W (Q 07) (D M M - r 0 (D CD tl m 02 u Z 0 a m - :3 -n o m O(b 0-05 CL r 5. ;:V (0 M CD 73 n o m n M Cl m - m n cx c (D CD - cr 0 -n 0 U) < CA C: CL @ a (A (A -n m 3 0 c Q :,, ::r r 6,8 a — P, , (D < (D or < (D :3 5ta �3 -0- (o ;:4- > m CD OL w cn (D @ @ W :3 CD x C, n 3 3 m o -n' -0 w w m m -n -n I, m o < W lu (D CD _, LD. 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CL CL :7 > OL 0 m 0 0 m a o" @ 0 M ;:7- ;:; ;r. (A M - e - (a -n 1 0 N) R! w 3 1 a m n :T - - , p -9 - E Go DocuSign Envelope lD* 0816=7-0061-4664-1 86EC50A4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 773.00041 PUBLIC TRANSPORTATION ` DEVELOOPPMEENTNT GRANT AGREEMENT OGC7M 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. A. 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 FDOTSingleAudit(cDdct.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: 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 23 uSign Envelope ID: 0816C707-"1-4684-8C8- .�EC50A4E207 STATE OF PL MDA DEPARTMENT OF TRANSPORTATION Fwm 723400"1 PUBLIC TRANSPORTATION sTRATEGiT DEVELOPMENT GRANT AGREEMENT OGC71= 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 FDOTSingleAuditcidot_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 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 DO TSingleAud ittadot. state. fl. us And State of Florida Auditor General Local Government Audits/342 11' West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email flaudgen localgovt(a7aud.state. fl. us 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, Fionda Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. 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 23 DocuSign Envelope ID: 0816CM7-0061-46134-E'86EC5oA4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-00041 PUBLIC TRANSPORTATION STRATEGIC QEYELOPMENT GRANT AGREEMENT 0G"'Z2 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: 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. 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 23 DocuSign Envelope 10: 0816C707 -0061-4684-8C& _.,EC50ME207 STATE Of FLORIDA DEPARTMENT Of TRANSPORTATION Fonn 725.800-01 PUBLIC TRANSPORTATION SlRA1 EVELOPMENENT DEVELOPMENT GRANT AGREEMENT occ7/n 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 Irmurance: 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 23 GO DocuSign Envelope ID: 0816C7D7-0061-4684, 88ECSOA4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 723.000-01 PUBLIC TRANSPORTATION DESTRATEGICSTRATEGICVELOPMENT GRANT AGREEMENT Occ 7122 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 contractorsisubcontractors and consuitants/subconsultants who perform work in connection with this Agreement: 'To the fullest extent permitted by law, the Agency's contractor/ccnsultant 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 subccnsultant(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 23 E:3 Oak Docusign Envelope ID Q816C7D7-0061-4664-8C8_ ,EC50A4E207 ` STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-00"1 PUBLIC TRANSPORTATION g"R"�f0 DEVELODM£NT GRANT AGREEMENT 0GCt2= 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 noted 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 policylies, 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 nct 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 23 60 DocuSign Envelope ID: 0816C7D7-0061-4684- -86EC50A4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT" Form 72&40"1 PUBLIC TRANSPORTATION DEVE OPM HST GRANT AGREEMENT 0G -C M1/2022 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. Sly''•. AGENCY Indian River County Btit�`C ..........,,£i OF FLORIDA, DEPARTMENT OF TRANSPORTATION J, Do USW d br. ame.._gPhn P. Krane, P.E. Nam` er-Susan Adams 5irector of Transport, Title:' - STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: D—Uslpned by; Attest: Ryan L. Butler, Clerk of Court and Comptroller cry Page 16 of 23 DocuSign Envelope ID, 0816 o7-0081-4884-8CE._ .jEC5OA4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTA nON Form rZ5-400-02 TFiRC PUBLIC TRANSPORTATION DEVS pEMENT GRANT AGREEMENT EXHIBITS OGcrrn EXHIBIT A Proled: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)) This agreement provides for the department's participation in the agency's operational expenses using the State Block Grant funds for costs associated with the fixed route transit system. This funding provides fifty percent (50%) of the net operating cost of the public transportation services in the urbanized area of Vero Beach. B. Project Location (limits, city, county, map): Indian River County BOCCtVero Beach, FUindian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Provide public bus transit services to people in the urbanized area within Vero Beach in accordance with the requirement of the state public transit block grant program procedure 725.030.020 and the provisions of this agreement D. Deliverable(s): 1) Submit a copy of the National Transit Data base (Section 5335) report, or FTA acknc w—kK%;eMent letter as soon as available. 2) Submit the performance measure report for approval as identified in Table A-1 (Required Performance Measure for Newspaper Publication) of FOOT Procedure 725-030-030 by September 15th of each year. 3) Submit the publisher's affidavit from the newspaper covering the transit service area. The affidavit must show that the performance measures as identified in Table A-1 (Required Performance Measure for Newspaper Publication) of FOOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Pian (TOP) annual progress report or updates each year. 5) Submit quarterly progress reports including ridership, goals, and milestones via TransCIP by logging into http.1/www2.transcip,com 6) Submit an invoice on the project at least every quarter_ The agency shall upload a copy of the invoice in the format provided by the Department to TransCIP and email the original to D40MDID@dot. state. fl. us for processing. 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): 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 23 DocuSign Envelope 10: 0816=7-00611-4684-8 86EC50A4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fwm 725000-02 IC PUBLIC TRANSPORTATION DEVFLOPMMENT GRANT AGREEMENT EXHIBITS °GC"= 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/ CSFAICFIIA Title or Funding ProjectCategory Type Fringe Benefits Fiscal Cade CFDA Funding Source Description Amount Number $729,905 $0 Year Travel Number s0 $0 407190-5-84-01 DPTO 088774 2024 75100 $0 Public Transit Block Grant Funding $729,90500 407190-5-84-01 Local Funds 088774 2024 75100 4729,90 Local Funding $729,9135.00 -. Total Financial Assistance _ r B. Operations Phase - Estimate of Project Casts by Budget Category: Budget Categories Operations (Transit Only) State Local 1 Federal Total Salaries $o j $0 $0 j $0 Fringe Benefits $Q $0 $0 $0 Contractual Services $729,905 $729,905 $0 $1,459,810 Travel $0 s0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Touts 4729,90 ' 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 Line Item fALl1 (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. Marie Dcrismond r-9epaeawQ Grant Manager Name -Pr. 03/06/2024 j 4:14 PM EST Date Page IS of 23 DocuSign Envelope ID: 0816C707-0061-46848CS_ jECSOA4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEYELOPMEN7 GRANT AGREEMENT EXHIBITS OGC71Z2 EXHIBIT D AGENCY RESOLUTION PLEASE SEF ATTACHED a A_. Page 19 of 23 DacuSign Envelope ID- 68 1 6 07 0 7 -006 1 -46B4 -c" •86EC50ME207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T25.00"2 TEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Or. CTt22 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall 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 Section 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. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs direc* incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. 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. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 7. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. 8. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. 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Lpm butAldwoo si pue paldope sey A0ua6y agl legl uolleogtva0 f4ales lenuue ue 'alg Uo aney lleys luawvedap ayi pue 'l!wgns llegs Aouaby aql '9p00 anilejls!uiwpy epuol j '06-t7l alnb PUe ''S d l90' lb£ uotioaS yltm aOUepjoDoe Ul - wall S psueil sng algeotldde It luawaajby sigl jol suoisnojd jo IE?u!wgns flaleS pannbaj aql )pew •sluawajtnbad AlajeS '6 -;pa. opal eyorautluooeVsn-U alels'sop _le algel!ene `£L -17G a!n2j ui sluawaimbaj ay1 of uuoluoo (legs dQl V (q ZZUIDDD SIISIHX3 1.N3W3MIE)V 1.N"E) zleal °'a'`3a N0I-L �l8DdSNV81 onend ��.vn1s ZU-000-Vj uuoj NDtl Y121DdtSNVHI 401HaWlVVd30 VOC60"14 30 31VIS LOZ3'rVD903� 9dolanu3 U&SMot) DocuSign Erwe)ope ID* 0816C707-0061-46-86EC5OA4E297 STATE of RLOWCA DEPAWINENT DF TRAM9POKrATE7N rom+ 72$-000.62 PUBLIC TRANSPORTATION sTrPIWE c QEVELCPMENT GRANT AGREEMENT EXHIBITS OGC 7,122 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 specked 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 invoicesheceipts. 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 intemal 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, andlor 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 httpsJ/www myfloridacfo.com/Division/AA/Manuals/documents/RefererceGuideforStateExpenditures pdf. Page 22 of 23 Dccu&gn Envelope ID 0816C707 -0061-4684-8G6_ jEC50A4E207 STATE OF FLORIDA DEPARTMENT OF TRANSPORTA rtON Fw 723-00042 PUBLIC TRANSPORTATION ELOP EMENT DEVELOPNT GRANT AGREEMENT EXHIBITS OGCI= 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 Block Grant Program CSFA Number: 55.010 *Award Amount: $1,459,810 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https:/lapps.fldfs.com/fsaa/searchCataioq.@sQx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: https://apps. fldfs. comifsaa/searchComp liance. aspx The State Projects Compliance Supplement is provided at: https://apps,fldfs.com/fsaa/compiiance aspx Page 23 of 23 DocuSign Envelope ID: 0816C7D7-0061-4666EC50A4E207 RESOLUTION NO. 2024- 005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5347; and WHEREAS, Indian River County intends to submit an FY 2423/24 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2423/24 Florida Public Transportation Block. Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(l), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USG 1614; and WHEREAS; the Florida Department of Transportation provides Public Transportation Block Grant fluids to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS. 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain FY 2023/24 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2423/24 Section 5307 grant application. 2. That the Indian River County Planning and Development Services Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2023/24 Public Transportation Block Grant. The foregoing Resolution was offered by Commissioner Flescher and seconded by Commissioner T nar , and, upon being put to a vote, the voce was as follow;: Chairman Susan Adams Vice Chairman Joseph E. Flescher AYE Commissioner Joseph H. Earman ABSENT Commissioner Deryl Loar AYE Commissioner Laura Moss AYE F" Conununity D"ciopmrnt,Usrm\M"Tmn9it�(innulBktck'2024%bcc rewlution does Pa -e l of 2 oocuSign Envekope io: o8l8C707-0061-4884-$CE.,-.16EC5oo4E207 RESOLUTION NO. 2024-005 The Chairman thereupon declared the Resolution duly passed and adopted this 23"'d day of January, 2023. Attest: Ryan L. Butler, Cleric of TINDIAN RIVER COUNTY, FLORIDA iiss Court and Comptroller BOARD OF COUNTY IOI~ ' r 10 4 i By By DepurjClerk , Chairman Approved as to forth and legal sufficiency: II f� r William K. UtMra County Attorney F:tConu mnity thaelopne AUsmWPOTranait�Coantaakl--kXM41WC rcaoiution.docs Page 2 of 2 DocuSign Envelope 10: 8CF53EAC-E3AS-4AA6-8E86F4F1ECB80 SATE OF FLOMDA OEPARTVe4T Of MANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 728.000.81 STRATEGIC OEvilOPttENT OGC 7t24 Financial Project Number(s): Fund(s)� DOR FLAIR Category` 08$774 454105-1-84-01 Work Activity Code/Function 215 Object Code: 751000 Federal NumbertFederai Award Crg. Code 55042410429 Identification Number (FAIN) - Transit only- Vendor Number VF596000674,029 Contract Number Federal Award Date. CFDA Number N/A Ageney 5AMIUEI Number CFDA Title: NIA CSFA Number 55.012 CSFA Title: Public Transit Service Development Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into 04/14/2024 1 6:51 PM EDT . by and between the State of Florida, Department of Transportation, ("Department"), and the Indian River 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 authcrization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to exceLde 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 funding transit service improvements and modifications 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 Agreernert 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 X "Exhibit 62: Advance Payment Financial Provisions *Exhibit 63: Alternative Advanced Pay (Transit Bus Program) *Exhibit C Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhbit 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 23 DocuSign Envelope ID: 8DF53EAC-E3A8-4AA6- "'�E86F4F1EC884 STATE Of FLOMOA DEPARTMENT OF TRAM WORTA71ON Fomt 7:S-000-01 PUBLIC TRANSPORTATION �„�" STRATEGIC GRANT AGREEMENT °6` TW _ `Exhibit N: Audit Requirements for Awards of Federal Financial Assistance 'Exhibit 1: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor 'Additional Exhibd(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 March 31, 2027, 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 invoives 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. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. T7is 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, 4 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 Departments 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 promptty 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 23 DocuSign Envelope ID: 80F53EAGE3A& 4AA6-8000'kE86FdFI ECS80 Avok 57A i E OF FLORIDA OUARTMENT OF TRANSPORTATION F -M 7:5 -GOO -91 PUBLIC TRANSPORTATION 5Tw1T> G� O£vELOPMENT GRANT AGREEMENT OGO 7W 9. Project Cost: a. The estimated total cost of the Project is $72,400,000. 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 $1,200 000 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 beer all expenses in excess of the amount of the Cepartment 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 pest -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. 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 23 DccuSign Envelope ID: 8DF53EAC-E3AB-4AA&, "" 3-E86F4FIEC1380 STATE Of FLOfUDA OEPARTMENT OF rUNSPCRTATION Forth 723-OW14i TERM PUBLIC TRANSPORTATION 6EVsTw`EiOPMEN7EW GRANT AGREEMENT °Gt7= 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_ tf 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-perfcrmance, 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 bili 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 deliverabies 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 56.03(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 property 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. 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 nade available upon request to the Department at all gimes during the period of this Agreement and for five years after final payment is made. Copies of these records shall be fumished 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 Deparment 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 shalt submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department Page 4 of 23 0ocuSign Envelope ID: 80F53EAC-E3AJ3 4AA8-8 E86F4FIEcsw STATE OF FLOF40A DEPAPTkt£NT OF TRANSPONTATmN F.m 72 X"l PUBLIC TRANSPORTATIONST `�"MG" OEYELOPMENT GRANT AGREEMENT C=Irm 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. t. 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 Departments 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 . 1 35(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 i 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 nave 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 ail 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 bome by the Agency or its contractors and subcontractors for Page 5 of 23 DocuSign Envelope 10: 80F53EAC-E3AS-4AA6-"" *-',E&6F4F1 ECB80 '' STATE Or FLOPJCA OEPAR:TtMENT Of TRANSPORTATION faun 728.000.01 PUBLIC TRANSPORTATION oes"" vao"nvr GRANT AGREEMENT 0GCIrn 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 unaliowabie 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 Departments 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 shalt provide the Department with written notification of either its intent to: is 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 tt e 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 ailocaticn plan (ICRP) must be submitted arnually. 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 kcal laws and regulations applicable to this Project. 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NO11V18OdSN"1 onend -00"Us uua3 NOLLYA2/Qa1SNYii1 .to SNaW1M'Id30 N4rtlOitl 110 3111S kwo oa8j3tado{anu3 U51SMOO DocuSign Enve}ooe ID, 80F53EAC-E3AB-4AA6-0"4q-E86F4FtECgW A"" STATE OF FLOMDA D"ARTUFNT OF TRANSPCRTAT1GN Faint 725-OOOfi1 PUBLIC TRANSPORTATION s�t4�"'C nevELoPvEr+T GRANT AGREEMENT °`C 7F22 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 compiebon of the Project for ail 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, facilites, 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. Safe 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 consideraticns. 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 23 DocuS+gn Envetope ID: 8DF53EAC-E3A&4AA,8-8-E86F4F1ECS80 STATE OF FLORIDA DEPARTMENT OF TRANSPORTAMN Foon 725-00"*t PUBLIC TRANSPORTATION srRATEctc o�vaovtierr GRANT AGREEMENT Or.0 7M through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring proceduresiprocesses 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: 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 exempficn statement to the Departrrient at FDO TSinctleAudit4dot.state. III. 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 (te_, 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 httos:/Iharvester. census, gov/facweb/ 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 FDOTSinoleAudit of state fl us within the earlier of 30 calendar days after receipt of the auditor's reports) 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 pians and Page 9 of 23 DocuSign Envelope ID: 80F53EAC-E3A84AA&V�"w* E86F4F1ECB80 STATE OF FLORIDA DEPARTMENT OF rRANSPORTAMN Fo m 7,254MV, PUBLIC TRANSPORTATION sOPW CEV7 ElOPMENT GRANT AGREEMENT OGC 712= 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 244, Subpart F — Audit Recuirements. 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 184 and Federal awarding agency regulations (or in the case of the Department, reccmmerd such a proceeding be initiated by the Federal awarding agency); 6. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. 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, includirg 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 S complete cr the dispute is resolved. will. 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 FDOTSingleAudd r@dot state.fi. us State Funded: 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 rot be limited to on-site visits by Department staff ardlor 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 mcritohng proceduresiprccesses 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 finarcial 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, Florda Statutes, applicable rules of the Department of Financial Services, and Page 10 of 23 DocuSign Envelope 10: 80F53FAC E3AB-4AA6-8 E86F4FlECBBO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Folin 725.OW41 PUBLIC TRANSPORTATION s DE GRANT AGREEMENT Q�3CFu 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 ccnnection 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 FDOTSingleAudit@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 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 Auditcr 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 FDOTSingleAudit dotstate.fl.us And State of Florida Auditor General Local Government Au0si342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen locaIgovtc�3raud.state.ft.us 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. Vi. 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 23 DocuSign Envelope 10: SDF53EAC-E3A6-4AA6--E86F4FtECS80 STATE OF FCOMA DEPARTMENT OF TRANSPORTATI M+ Foran T25-00041 PUBLIC TRANSPORTATION SM"�G1T �vaoP+aevT GRANT AGREEMENT OGC 7M 10.650 (nonprofit and for-profd 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 necessar/ Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period cf 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 net 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 first, 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 worts 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 Qualificaticn 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 23 DocuSign Envelope ID. 81)F53EAC-E3A8-4AA64*0*^'-Ea6F4F1ECS80 STATE OF FLDRlDA DEPARTMENT OF Mf PORTATION Fw 726400-09 PUBLIC TRANSPORT=.TION DEv o MEN7 GRANT AGREEMENT O6CM2 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 worts 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. Executive Order 20-44. Pursuant to Govemcr'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@dotstate.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. L 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 332004, 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 23 DocuSign Envelope ID: SDF53EAC-E3A& 4AA6- 1-E86F4F1ECe8a STATE OF FLCRIOA DE?ARTVENT Of rRAN$YOR-AMN Form 72$400-01 PUBLIC TRANSPORTATION sTTOPMe CEYT EL.PMENT GRANT AGREEMENT OOC7M 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 ail 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 Ronda'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 net 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 policyhies 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 policyties, Page 14 of 23 Oocusign Envelope IO: 90F53EAGE3Aa-80`-8< `-,EB6F4F1ECS80 STATE OF FLORIIIA cEPARTMENT OF TRANSPORTATpN Fe—7254W41 PUBLIC TRANSPORTATION oEVELO eME)a GRANT AGREEMENT Occ 71= 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. Wben 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 (ISL} 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 policyfies 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 pciicylies, 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 remaincer 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 23 DocuSign Envelope ID 81)F53EAC-E3AB-4AA6-V"%;-E36F4FtEC88a STATE OF FLOMOA DEPARTMENT OF TRA045PORTA7"ON form 725.06144 PUBLIC TRANSPORTATION sTRAr +c DEVEiOPf1ENT GRANT AGREEMENT Or.0 7M 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 scan 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. AGENCY the Indian Rim Coumi TE OF FLORIDA, DEPAR i MENT OF TRANSPORTATION County Commissioners °a"'s�9"`a °' $Y �+csFOFrseaa� NarT -John P.Krane, P.E. ame: an Adams i *: ,rTltW * CIrector of Transportation Development T,tle: Chairman Attest Ryan L. Butler, Clerk of Ci it Court and Comptroller oeputy cleric STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review by: f7r.41 hLt1_ �jl11111,Au. c _43CEaa83C38E.64 . APPROVED AS TO F M AN© SU FI N BY t fLL AM K. DEB L COUNTY ATTORNEY Page 16 of 23 3 � o U O w 12 s- 7FO gigc O a._ - O v- u @ vID ���2IN off' _ �y�oc�m�t v'v ,� 4 a w @ > C7 - of c0 p 3 Cn._ '° L v 0 cc E vv, >`3 U `' �s @ E aO� acv � w � ao 41 v o @ v =t �„�ro �' am c v p o �o N v CL obi Etc@acct +div 2! oro Y$m ,v .pro°' -E cv �'ttoo Eo a.oc@� Q -v wc��c_y�v.�a`_ of caro m c M N 3} V c w� n a-0 @ aM $.b agTw3 oc>UccC3 v' ocw �`Z 5c°o@oa U) .0- u viE o f Ev. o E o �o v 3 Eco o noov;v nv21 z°� @>_�a °. Nn -v avc 'r' -Mc °5 aZiEGC� ooc•� aoa4�iQ U 'a °m@ oma-@? Q N v o c_o m a m � v� FC �� roc o @cocoa Eo,ri� vo a3�cos Q'Na c� >c Ua"E°•EDu �a€c E •v �v av' c6 cro o o E c•r c v ,� a) v c m_ o v y vi !��- roc 0-cao D4ic.v Noo u `v�mtD� m N�> Q�a aZ n - �Lno c p E o o@@ 6Om H �� >�u> -t=ro 2r- uo :)0M-0@cOLa N `a m�� c o v >-- o vro c'n 5ro n g� E� v �) ° O c•� ��0� @ m� v c Y c N roinn c w Q ; c Wz v zQ a o ° a. ° Y= rad v m ro @ v C7 E•- vi Q c Y p O to v@ 3 F- E E�,�- � �c _°rovcom� cvi�u,ro vo wcmM4 0= (X w .� c c � � ._ � > o oQ Q vro v �� v roo-1 n c� c ,«? o O w c a vi ro ? 0 o c Ero a. t- °t w o o'- co c n.0 c_nv v v' v- 0. W - c E E G7 v o,c�� o c .o N at j v c y`• rw w E av c t -m rn Z� CO m awE' cora M mE mvc ?aw viE yr n u� p o'cr > E > 4EaN �° 3 � �' o n o m c vro ro c s ro c v c v, _d13ro o,0 caro v c U, C ° N 41 0) y w _0 O 0 o .L " LLi yr ° "v> rn v@ V u _ c a _ _ -� t- C v� c' o 9' c c ac E 0 E N na o Erin u Y Z aro o c o n N 000 > o>Q �y ESE 0O CU 0 pc� 15 ro c?0 'v °' o c aui 3rov� ? c u v t9 m In voi � v� o o �i @ 0-U: cv v a �NyFv� ��a3cy��> on Ec 2 E c v E c ux �p o x rn is v u� pC�} t v � yy77 CL ¢ p V) }L `7 d g EE tll c o w 4) C U_ A O v rU @ p p 41 Q� N N V1 0 r c n� ro.�v `° ' o o� c �l�-- � o @-a o aE m w vi r E o E E `� v w o w -o O N m w v v o o ° v'� c o E a c n= v w c E u cQ1> C7 C7 a@ c� :6 cv c °tiv$' c °c oui '� cl > .o o tg v y � , v ro6 LO v 'm n a v) v Q w u �� u c y o 0 0 ��ro vv av, wQ vi m v a w v v n a 4 ° u p v c o E O� ° v N n -v LOIvro v @ ro c v c°cvm�, (E7 to U��'roo °c`°v@ a �Mv ro� ax Ijcr Ei cn E v� c ro v m y v E u°'i��` ro v ani E v� Et4i�- anw IL n �-°S 2 u �'� m a, L° p -U m rid v) E o am tna c M c E v o v E' �i c- v p am c w w M m wok ° cf > °� m e °t a -v a� 3 0) U v� E .0 V O L5i Y N N '3 a m u a c o G v. -r- [2 C w fl o c Q t w u � � as 'v'�'�o x `+N _�u >=a°a'u-dam 'a m=on,n .cow uQ in -> �' U no � 5 v �v u)'2 3 d vg.mo o� N N ;? t; 3 a a m y io a N� o' o c o E' v �� a aF o , 4i U v"c `� $� c,, o �, a v m°@ ..r; c i v c v in c as 0.v_ a? Z � 0 c �o c v ao E E m C o rn EL w a a 0-8 qa} o v av "� vu) n� o wZ:s 3z' v ❑ v Esu �' uj c Q > � m U.E EWCA.� .E� E N o.� N[Y > o c E � ro a O Fes- av u1 � ou DocuSign Envebpe ID: 8DF53EAC-E3AB-4AA6- 3-E86F4F1ECB80 STATE OF FtOMDA DEPARTMENT OF TRANSPORTATION Fame 72S.006-02 GIC PUBLIC TRANSPORTATION sTsw ENT aevEti.oPM.aENT GRANT AGREEMENT EXHIBITS 013C 7= 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 18 of 23 DocuSign Envelope ID: 8DF53EAC-E3AB 4AA&tA*"`-E88F4F1ECaW STATE Of FC.ORWA 0"ARTUENT Of TRA NSPORTA nGN Fw IM -000-42 PUBLIC TRANSPORTATION oevva.oPtr�n"'' cr T GRANT AGREEMENT EXHIBITS OG` 17M 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! CSFAICFDA Title or Funding Project Type yp Category Fiscal Cade CFDA Funding Source Description Amount Number $1,200,000 $0 Year Travel$C Number $o $0 454105-1-84-01 DDR CM 774 2024 751000 55 012 Pubic Transit Service Development Program $1,200,000.00 so LF so Totals $f,200,r7(i9r151,2W,000 Sol $1,200, COC.40 Total Financial Assistance 1 $2,400,000.00 B- Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $o so $0 $o Fringe Benefits $0 $0 $0 $o Contractual Services 1 $1,240,(100 $1,200,000 $0 $2,400,000 Travel$C $o $0 $o Other Direct Costs $0 $0 $0 $0 Indirect Costs l $0 so $0 so Totals $f,200,r7(i9r151,2W,000 Sol i2,4wDw . Budget category amounts are esumaces ano can De snneo oerneen uritis wiliiuut amendment (because they are all within the Operations Phase), C. Cost Reimbursement The Agency will submit invoices for cost reimbursement cn a _ Monthly _ Quarterly _ Other: basis upon the approval of the deliverables ircluding the expenditure detail provided by the Agency_ Scope Code and/or Activity( 00901.3oC-0o i Line Item (ALI) (Transit Only) BUDGETICOST 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 Jayne Pietrowski Depart�rrerrea Manager Name 04/02/2024 1 11:44 AM EDT Page 19 of 23 DocuSign Envelope 10: 8DF53EAC-E3A84AA6-VW**,EJW4F1EC8W STATE OF FLOMA DWARTUM OF TWASPOMMW Fetes 7268N42 &7m#e= PUBLIC TRANSPORTATION OEVKOFVN" GRANT AGREEMENT EXHIBITS 0Qc?= EXHIBIT 0 AGENCY RESOLUTION PLEASE SEE ATTACHED Page 20 of 23 Dor'.uSign Envelope 108OF53EAC-E3AB-+4AA6-8,7""-E86F4F7ECSSO A TRICE COPY CERTIFICAMN ON LAST PAGE RESOLUTION NO. 2024-010 RYAN L_ BUTLER, CLERK A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-005, also known as the Public Transit Service Development Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of hose funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(l), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Service Development Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN Rl-v'ER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian. River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $1,200,000 in FY 2024 state Service Development Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Planning and Development Services Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Service Development Grant. The foregoing Resolution was offered by Cor missionerJoseph E ' F1esci-f-Tand seconded by Commissioner CEryl Liar , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams _ AYE Vice Chairman Joseph E. Flescher AYE Commissioner Joseph H. Earman AYE Commissioner Deryl Loar AYE Commissioner Laura Moss AYE FACommunity DevelopmenoUsersNtvP0%Trans&Grww&ryice Dcvdopment%Extended Scrnee 2024\bcc msoluuon.doex Page 1 of 2 Doak4n Emelope ID: 8DF53EAC-E3AS4AA&#WMj-E86F4F I ECEW Of FLORIDA COU"" cEqTwv *TRMAhO NOW AM U RESOLUTION NO. 2024- 010 The Chairman thereupon declared the Resolution duly passed and adopted this 191 day of March, 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller Fe —4 E"i ut y Clerk D puty Clerk Approved as to form and legal sufficiency WiWam K. Degraal County Attomey FXommiry Dcvctor Uscrs\M"TnmsitkGrmu\Scrvice DcvdcqnxMExUm;*d Smite 2024\b" resoftsbomd= Page 2 of 2 UP 1Z 85ed — 3;!q!4X310 P'1113 — -pale4suou;ap aotnjas ay; 41tm anutluoo of lualu! s,IOkuaBv ayl ;o luawalels V (p Aoua5v ayl Aq paruoce lalauaq a41 (a law lou 9 -jam sleo5 alp p Aue suoseaj a41 (q sangaafgo pue steo6 ay; ;o luawuZPL' 941 JO uoilenlena UV (e :6ulmollo; aul apnlaut 111M yodad leutd a41 �juawasjngwiaj jo; aosonul leutd ay; Auedwoaae Ilam ltodaj st41 AouaBd ayi Aq pa;#twgns aq II!M vodad leUtd a 'sjeaA o*4 ayl;o pua ay; le jo laafojd NI aleutuual o; Ajessaoau sawooaq li ua4m awg Aue Ib ljodaa leutd 'L 'loatojd 94l;o luawaouawwco a4l of joud S94!A40V luaujdolanao aatruaS jo; aut-1 awti pasodojd a ltwgns }line Aoua5V ay_L •aullaujll pasodojd }o le11twgnS •g -elep animas ienloe pue sieo6 loafojd at;l;o uosuedwco apts-Aq-apts `paltelap e apinojd pue sijo;ja )ponn uo podai lsnu, 4oua6y a4i 'ilea aatnjaS pue sleoO }oa(old ,5 d�nue� ue4l jalej ou anp w0£ aunr 6uipua pouad 94 jolsae Alnr puepic jaqujaoao 5utpua potrae aje spodad elep dtysjapu Al4wow uo spodad ssaj6wd lenuuy-tujaS i Lugns }t!m k-)ue5v au,1 -sijodad SSWBojd y sweiSaid luawpedao aigeatldde jaylo jo `luej6old luawdolaAao aatnjaS psuejl a1e'lS "wej6ojd jopwoo ltsuejl ale;S 'weJBwd luejo �ooi9 ltsuejl a;e1S aul japun pase4ojnd sa}otyan apniout Aew st41 •aoud aseLpind s,api4an ltsuejl oilgnd ayl;o ajow Jo %C)G ut sajedtot�jed luawlledap ay; ajaynn io 'aomos Suipun; ayl se swej6o-id L 4£9 uoiloaS pue '9 L£S uotloaS 'l l£S uotlaaS '0 1,£S uoiio3S VI , j a4i 5uisn �{ools 6utlloj;o sluawamaojd lel!deo o; ��NO suteljad ajnPaaojd st41 suotlae }esodstp pue ja;suejl Ajoluanut 'Iojluoo luawa6euew Butnuquoo Jo; sluawaiinbai a41 sautf1no 4at4m '(SZO-0£O-5ZL) ajnpaaoid luawa6eueN /ualuanu} aiarya� usueal s,luau;laedao a4l mofl� IIIm fDua6e and -)uawaBeueW fJoluanul alo!4aA llsueal £ Ipawiedo sasnq lie;o suo4Dadsui >49;es lenuue pauuopad sey pue o.d.d 'D6 -"t jalde4o a}nd of luensinc uald wej6ajd h19}eS walsAS PaldoPe sl! 4Pm SutAidwm st pue paldope sey Aaua6V aUl Mol uotlea ao Ala;es lenuue ue a(y uc ans4 AeUs luawl�edaa ay> Pue }twgns ilegs Aoua5y a4l 'apo antlejlstutwPV ePuold '06-iit jalde4o alnd pue "S'd 't90 6C£ uoiloaS 4p.m aauepj000e ul •tualsAS psuejl sne 'Z S d ' 1SO lige uoiloaS 4WD aoueuuo;uoo ur st luawaaj6V s!4.L -uolle}slBag Bullgeu3 411M aouecwo;uoo ' l (luawdolanaC] satnjaS) 1.ISN` ItlI SNOI110NOo ONd SWN31 ol3lo3dS W` 90bd 3 113IHX3 u11 Soo S1181HX3 1.N3W33N0V 1NYHO OrDsl Ous NOLLVI JOdSN"I OnBnd �GO-su Lroon-SLL uuaj hOLLYlL10d4WYili 10 LH3tY,LMYd3tl Yc]neOL .#O 31Y1S 088D3 t 3v�383' ,.,L� 3s�*t 8C C3 �t 3CS3�8 01 ad0lanu3 u6rsr*00 DocuSign Envelope lU 8OF53EAGE3A8 4AAa-00NVE86F4F t EC880 STATE OF FIORICA DEPARTMENT Of TRANSPORTATION Form M2 00"2 PUBLIC TRANSPORTATION "R"�fliT QtVfl.OPMENt GRANT AGREEMENT EXHIBITS °C'c'n2 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invokes 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 reiated 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 accectabie. (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: Govemmental 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 invoicesireceipts. if nonexpendable proper -,y 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 n Section 273 02, Florida Statutes. for subsequent transfer to the State. (5) In-house charges: Charges which may be of an nternal 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 casts 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 https:lwww myflcridacfo corn!Division/AA/Manuatsldocuments/ReferenceGuidefcfStateExpenditures.pdf. Page 22 of 23 ftlk DocuSign Envelope ID: 8DF53EAC-E3AB-4AA6-8-"-,-E86F4F1EC880 to STATE OF FLORIDA DEPARTMENT OF TR4NSPORTADON F.- 726-000-W PUBLIC TRANSPORTATION �s OPWN1 GRANT AGREEMENT EXHIBITS OGC7= 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: $1,200.000 'The award amount may change with amendments Specific project information for CSFA Number 55.012 is provided at: https://apes.fldfs.comlfsaa/searchCataioa.ascx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.012 are provided at httos /lapps.fldfs.comlfsaa/searchComp,liance.aspx T -ie State Projects Compliance Supplement is provided at'. httys:llapi;.s.fldfs.com/1saalcemcliance.aspx Page 23 of 23 Docu&V Envelope ID8OF53EAC-E3AB-4A C53-EWF4F1ECB80 To: Jayne.PkotrvwskJ*dot.atata.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2V43 W20t2024 CONTRACT INFORMATION G2V45 GO - GRANT DISBURSEMENT (GRANT) M G - GOVERMENTAL AGENCY (267.057,PS.) V 1ND1AN ROVER COUNTY BOCC V ' F5960OW74M lieq`rsnlii� t7ate �� 1X3119;122024 Ending data of This Agretiame 03/31/2027 Contract il a= 31.200.000.00 SERVICE DEVELOPMENT, INDIAN RIVER, EXTENDED TRANSIT SERVICE FUNDS APPROVAL INFORMATION FUNDS APPROVEDIREVIEWED FOR JASON ADANK, CPA, COMPTROLLER ON 3!2012024 Total Amount: $1,200,04.00 Pagel of 1 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF "$150,000 amendment approved by BOCC 08/20/24.:• STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Financial Project Number(s): Fund(s): (item -seg ment-phase-sequence ) 435846-1-84-01 Work Activity Code/Function: 215 Contract Number: G2N79 CFDA Number: N/A CFDA Title: N/A CSFA Number: 55.013 CSFA Title: Transit Corridor Development Program Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency SAM/UEI Number: DDR FLAIR Category: 088774 Object Code: Org. Code: Vendor Number: 751000 55042010429 VF5960000674029 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement') is entered into 09/29/2023 1 1: 56 PM EDT, by and between the State of Florida, Department of Transportation, ("Department"), and the Indian River County BOCC. ("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) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Departments participation in providing annual overatinq funds for an inter -county bus route the SE Regional Corridor Route, with service to Indian River State College, 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 133: Altemative 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 DS M.G Frnm 725-000-01 STRATEGIC DEVELOPMENT OGC 4/25/2023 DDR FLAIR Category: 088774 Object Code: Org. Code: Vendor Number: 751000 55042010429 VF5960000674029 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement') is entered into 09/29/2023 1 1: 56 PM EDT, by and between the State of Florida, Department of Transportation, ("Department"), and the Indian River County BOCC. ("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) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Departments participation in providing annual overatinq funds for an inter -county bus route the SE Regional Corridor Route, with service to Indian River State College, 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 133: Altemative 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGc 4/25/2023 _ '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 September 30, 2026. 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. 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fortn 725-000.01 STRATEGIC IPUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occ412512023 9. Project Cost: The estimated total cost of the Project is $150,000. 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 $150,000 and, the Department's participation in the Project shall not exceed 100.00% 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: Travel expenses are NOT eligible for reimbursement under this Agreement. X 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 412572023 Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 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 underthe 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 715-000-01 PUBLIC TRANSPORTATION DEV Lo m NIT GRANT AGREEMENT OGc412512023 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 4/25/2023 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: 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 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGG U25/2023 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. 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 4/2512023 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEV Lo ME NIT GRANT AGREEMENT OGC 412512023 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: 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 FDOTSinaleAuditO-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 https://harvester.census.gov/facweb/ 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 FDOTSingleAudit cDdot.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: CCB05173-23E1-4847-BFE3-6368DF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPM NIT GRANT AGREEMENT OGC 4123/2023 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 FDOTS ingleAuditCc)-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: 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 4(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 FDOTSingleAudit ZDdot.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 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 FDOTSingleAudit(a-dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(a)aud.state.fl.us 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. vi. 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPME NIT GRANT AGREEMENT OGC 4/25/2023 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: 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION DEME OPMENIT GRANT AGREEMENT OGC 425/2023 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 Intemal 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: CC805173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPTMENT GRANT AGREEMENT Occa2512023 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 policylies 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 policylies, Page 14 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPM INT GRANT AGREEMENT OGC 4125!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 policylies 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000.01 PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC GRANT AGREEMENT OGc 4/2512023 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 Packtz elated this Agreement on the day and year written above. AGENCY the Indian River CQtwmtv. B ATL`�F FLORIDA, DEPARTMENT OF TRANSPORTATION i (—DocuSigned by: By: l Name: Tn.�e:ph H. Farmatr .,....,,.- Title: Title: Chairman John P. Krane, P.E. Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: DocuSigned by: �ral�.cilnc. S au, 43DEBB8303BF464... APRO; EDU ARS TO Attest: Ryan L. Butler, Clerk of ��=F� 3 Circuit Court and Comptroller D-SXAAL By:1L..� DEPUTY COUNTYL1IYORNE'' uty Clerk Page 16 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 412 512 02 3 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)): providing annual operating funds for an inter -county bus route, the SE Regional Corridor Route, with service to Indian River State College. B. Project Location (limits, city, county, map): Indian River and St. Lucie Counties, FL C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): The SE Regional Corridor, Route 15, is an intercounty route that provides express service from the Oslo Road area to the Indian River State College (IRSC) Main Campus in Fort Pierce, a 37- mile round trip. In comparison, all other GoLine routes are considered local routes. Route 15 has no stops between Oslo Road and IRSC, located on Virginia Avenue in Fort Pierce. The project is designed to relieve congestion and improve capacity within an identified corridor, by increasing people carrying capacity through the use and facilitated movement of high occupancy conveyances. D. Deliverable(s): Transit Service 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): candy, alcohol, decorations, greeting -cards, lobbying, personal cell phone, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts, flowers, or promotional items. 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: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY Form 7254)00-02 STRATEGIC DEVELOPMENT OGC 4/25/2023 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 Tip y Category Fiscal Code CFDA Funding Source Description Amount Number $0 $0 Year Travel Number $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 435846-1-84-01 DDR 088774 2024 751000 55.013 Transit Corridor Development Program $150,000.00 Total Financial Assistance $150,000.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) " State Local Federal. Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $150,000 $0 $0 $150,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $150,000, $0 $0 $154,000 Budget category amounts are estimates ano can De snmea DeTween Items wlalvuL 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 00901:300-00 l 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. Jayne Pietrowski Depah Mt Manager Name 09/27/2023 1 2:19 PM EDT J �tc, vx nWS�CI ..... -- .............. ..._. Siong OE14695055194BD_. Date Page 18 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION DEVETLOOPMENIT GRANT AGREEMENT EXHIBITS OGC 4/25!2023 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 19 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION DEVELOPTMENT GRANT AGREEMENT EXHIBITS OGC 4/2512023 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Transit Corridor Program) 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 315tand July 3011 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 Timeline for Transit Corridor Activities prior to the commencement of the project. 7. Annual Report. The Agency will provide an annual report including the following information: an evaluation of the attainment of the goals and objectives, the reasons any of the goals were not met, and the benefit accrued by the Agency/Community. Should a project not meet its goals and objectives, the District shall determine if it is necessary to terminate the project. This report will accompany the Final Invoice for reimbursement. -- End of Exhibit E — Page 20 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 4125/2023 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 https:/Iwww myfloridacfo com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Page 21 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-6368DF3EBBEF STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 STRAC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ4f2&702s 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: Transit Corridor Development Program CSFA Number: 55.013 *Award Amount: $150,000 *The award amount may change with amendments Specific project information for CSFA Number 55.013 is provided at: https://apps fldfs comtfsaa/searchCatalog aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.013 are https://apps fldfs comtfsaa/searchCompliance.asox The State Projects Compliance Supplement is provided at: hftps://apps.fldfs.com/fsaa/compliance-asr)x provided at: Page 22 of 22 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF RESOLUTION NO. 2023 - 048 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit operating assistance under FDOT Procedure number 725-030-025, also known as the Transit Corridor Grant Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association, Inc.; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.000, Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Transit Corridor Grant funds to Indian River County to provide intercounty transit service to the Indian River State College Main Campus in Fort Pierce. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $150,000 in FY 2023/24 state Transit Corridor Grant funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Transit Corridor Grant. THIS RESOLUTION was moved for adoption by .lo g enh F_ F 1 P c c -.h er , and the motion was seconded by Susan Adams and, upon being put to a vote, the vote was as follows: Chairman Joseph Earman AYE Vice -Chairman Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Deryl Loar AYE Commissioner Laura Moss AYE R'Community Development\Usas\MPO\Trausit\Grants\Corridor\SE Corrid0r\2023_PTGA\bcc resoluti—d— Page 1 of 2 DocuSign Envelope ID: CCB05173-23E1-4847-BFE3-636BDF3EBBEF RESOLUTION NO. 2023 - 048 The Chairman thereupon declared the resolution duly passed and adopted this 29th day of August, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORI> .. . Joseph Earman, C iij lrm Attest: Ryan L. Butler, Clerk of Court and Comptroller Coup By: Deputy Jerk State of Florida, County of Indian River The foregoing instrument was acknowledged before by means of O physical presence or ❑ online notarization, this 29 day of August, 2023 by Joseph Earman as Chairman of the Indian River County Board of County Commissioners who is ® personally known or ❑ produced identification Type of ID Produced Printed name of Notary Signature of Notary Notary Seal APPROVED AS TO F RMAND LEGAL UFFICIENCY BY• William K. De r , County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: An ew Sobzcak, Interim Community Development Director F:\Community Development\UserslMPU\I'ransit\Grants\Corridor\SE Corridor\2023_PTUA\bcc resolution.docx Page 2 of 2 60 U.S. Department of Transportation Federal Award Identification Number (FAIN Award Name Award Budget Number 60 FTA Federal Transit Administration FY 2023 5307/5339 Capital and Operating Supergranty Sebastian -Vero Beach UZA Active (Executed) 0 Period of Performance Start Date 2/1412024 Current Period of Performance End Date 3/31/2032 Revision * 0 Approved?: Yes Budget Period Start Date 2/14/2024 Budget Period Encs „_ ..7-77-17 _ . ti.. 0,��® Park 1: Recipient Information Name: INDIAN RIVER, COUNTY OF Recipient Recipient Recipient Alias UEI DUNS ID OST Type 5630 County INDIAN RIVER COUNTY BOARD FB3SLJJZ38K9 079208989 Agency OF COUNTY COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH ST BLDG B VERO BEACH FL 32960 1 .+PERO B 329W Mailing Address 1801 27TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Award Information Title: FY 2023 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach UZA FAIN Award Status Award Application Cost Date Last Updated From Type Center Created Date TEAM? FL -2024 Active Grant Region 4 415/2023 4/5/2023 No 006-00 (Executed) Award Executive Summary The total eligible cost is $4,553,879. The federal share is $3,053.869, which consists of $2,841,623 in FTA Section 5307 funds (FY 2023) and $212,246 in Section 5339 capital bus replacement funds (FY 2023). Copies of the FY 2023 Florida Governor's Apportionment letters are attached for the Sec 5307 and Sec 5339 programs. This supergrant will consist of $1,553,869 (Federal) in capital expenditures and $1.500,000 (Federal) in operating expenditures. The nonfederal share of operating expenditures (50%) will be split between $ 750,000 in FOOT grants ($610.038 from G2F87 and $660,879 from G2460) and $750.000 from Indian River County. Copies of the FOOT grant agreements have been uploaded to Application Documents. The Florida Department of Transportation has authorized toll revenue credits in the amount of $388,470 in support of this application dated June 2, 2023. Of the toil revenue credit amount, $335,406 supports the nonfederal share of 5307 capital expenditures and $53,064 supports the nonfederal share of 5339 capital expenditures. In accordance with federal regulations, a public hearing was conducted on June 6, 2023and advertised in advance. The current FY 2023 FOOT STIP is attached 5307 Capital Assistance is listed in item number/ FM# 407190-2. As required. 1% of the award has been allocated to security -related projects (see ALI 11.42.09). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents), Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (httpsl/www transit.dot.gov/regulations-and-guidance/civil-rights-adaieligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. In addition to FTAs Buy America Act. which requires that the steel, iron, and manufactured goods used in an FTA -funded project are produced in the United States (49 U.S.C. 53230)(1)), the Build America, Buy America Act (BABA) (Public Law 117-58, div. G 70914(a)) now requires that construction materials used in infrastructure projects are also produced in the United States. Refer to terms and conditions in 59 cia FTAs Master Agreement Section 15, The BABA requirement applies to this grant, in addition to the Buy America Act, except to the extent a waiver of either requirements may apply. Frequency of Milestone Progress Reports (MPR) Quarterly Frequency of Federal Financial Reports (FFR) Quarterly Does this application include funds for research andior development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is subailocated these apportioned funds and can apply for and receive these funds directly. Will this Grant be using Lapsing Funds? No, this Grant does not use Lapsing Funds. Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.Q. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Description Purpose The purpose of this combined FY 2023 FTA section 5307/5339 supergrant is to provide capital assistance, operating assistance, ADA-paratransit operating assistance, and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed -route system and the Community Coach demand -response service. Activities to be performed: GO The activities will replace vehicles and equipment that have exceeded useful life requirements, construct bus station improvements at the North County Hub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service. Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical. shopping, and tourism -related destinations. Subrecipient Activities: None Award Point of Contact Information First Name Last Name Title E-mail Address Phone amanda.reuning@dot.gov General Engineer ahes.little@dot.gov Community Planner Mark Vietze Planner mvietze@ircgov.com (772) 226-1222 Award Budget Control Totals Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,841,623 forward) 5339 - Buses aria EEErs Fal $2.t2 246 Local $750 000 Localifrr r I $0 State $750,000 State�irr $0 Other Federal $v Transportation Deve�pinertt Credit '� 3388,470 Adjustment $0 Total Eligible Cost $4,553,869 la Award Budget Project Budget Item FTA Amount Non -FTA Total Eligible Quantity Number Amount Amount FL- 113- _ 2024- 006-01-1(113- 00 BUS - STATIONISTOPS,TERMINALS $250,000.00 _ $0.00 $250r0=1., 0 00 FL- 2024- 1133.02 CONSTRUCT- $254,000.00 $0.00 $250,000.00 0 006-01- BUS STATION 00 FL- 114- 14 2024- 2024- 00 BUS: SUPPORT EQUIP AND $157,461 00 ...;_.� $0.00 $157,461.00 14 006-01- (114- FACILITIES 00 A2)� ,.. FL- 2024 11.42.07 ACQUIRE - ADP $32,045.00 $0.00 $32,045.00 6 006-01- HARDWARE 00 FL- ACQUIRE - 2024- 11.42.09 MOBILE SURVI $28,416.00 $0.00 $28,416.00 6 006-01- SECURITY 00 EQUIP FL- 2024- ACQUIRE - 006-01- 11.42.11 SUPPORT $20,000.00 $0.00 $20,000.00 1 00 VEHICLES FL- REHAB! 2024- 006-01- 11.44.01 RENOVATE- ADMINISTRATIVE $77,000.00 $0.00 $77,000.00 1 00 FACILITY FL- T17- 2024- (X6-01- cc (117- OTHER CAPITAL ITEMS (HUS) $650,000.00 31,100 $650,000,00 0 i C0 A3ty :. r FL- 2024- 11.7A.00 PREVENTIVE $650,400.00 $0.00 $650,000.00 0 006-01- MAINTENANCE 00 FL- 30t1- 24- 206-01- 0(16-0 (-400-00 OPERAI-INGASSISTANCE$1,500,.000.00 $1,500,000.00 $3,000,000.00 01 � 00 A6) FL- 2024- 006-01- 30.09.01 UP TO 50% FEDERAL SHARE $1,500,000.00 $1,500,000.00 $3,000,000.00 0 00 FL- 2024-- III- 00 BUS - ROLLING STOCK $212,246.00 $0.00 $212,246.00 1 FL- Project BUY Scope: Scope 2024- Area 11.12.03 REPLACEMENT $212,246,00' $0.00 $212,246.00 1 006-02- Number 30 -FT BUS Mame Plumber 00 Code Marne Chas FPC DescriptionCode Amount FL- 117- " ":; 2024- 00 OTHER CAPITAL ITEMS (SUSS $284,162.00 $0,00 $284,162-00 0' 006-0- 11117- 11T -- FL -9(7-Y FL -2024- OPERAT 30G.00 { 1240 Florid 2023.2J.9Qa FL- FL - NON FIXED 006-01-0 2024 ROUTE ADA 11.70.00 $284,162`.00 $0.00 $284162.00 0 006-03- ea artnula G PARATRANSIT $1,51,4 244 00 SERVICE 00 Discretionary Allocations This application does not contain discretionary allocations. Sources of Federal Financial Assistance PO Project Scope Scope: Scope U2A Area Account Amendment. Cumulaiva Number Number Mame Plumber Suffix Code Marne Chas FPC DescriptionCode Amount Amount FL -9(7-Y FL -2024- OPERAT 30G.00 { 1240 Florid 2023.2J.9Qa Ultanized At 006-01-0 ING AS S; ea artnula G $1,500, $1,51,4 244 300) 00 a 4.91 .2 0 STANCE r:c�ts I FL -90-Y FL -2024 O a Y E CAPITAL 117-00 { testi Florid 2JSS 2023,- Urbanis Ar 006-0 ,-0 A5 06 ea Formula. G $224,162 $284,162 24z I? NtS (B ? f 00 a €?.g1.2 0.. FL -90-Y FL -2424- OTHER CAPtTAL 117-00 { 1200 Florid 2023.219 Urbanized At 244 006-01-0 ITEMS (B 117) A3 00 a 00 0.91` 2 ea Formula G $680,000 $650,000 0 US) rants l3iiS: Sit " FL -90-Y FL -2024- PPORT 114-00 ,1 1200 Florid 2 3, J,9 Uruarrrz--dAr . � � 244 Gi16-41-0, EQUIP t~< 114) !�; 00 00 0 91,2 erg Formula O t�, ,1 �iw7 4iz1 0 NCI FPCI LITIES t�€rts, BUS - ST FL -90-Y FL -2024- ATION/S 113-40 { 1200 Florid 2423.2J.9 Urbanized At G 244 006-01-0 Tpp� RHINAL 113) Al 00 a 00 0.91.2 ea Formula rants5 $250,000 $250,000 FL -2024- 00"2-0 BUS -c CLUNG 111-00 { A4 1200: Fltarrci 21023,2J 3 Bus Ftam; - F ;x212,2.(6 $212,246 011 11 p 00 a 4.BF.2 orTnula Alloc i 0 STOCK Part 3: Project Information Project Title: 5307 Capital and Operating Assistance Project Number Temporary Project Number Date Created Start Date End Date FL -2024-006-01-00 5630-2023-1-P1 5/5!2023 1011/2022 3/31/2027 Project Description The total Capital assistance cost is 51,057,461, of which the federal share is $1.057,461 with a match of Transportation Development Credits in the amount of $264,365 provided by FDOT. The capital assistance will provide funding for vehicle replacement, transit stop improvements, computer hardware and software. radios, shop equipment, security equipment, preventive maintenance, signage, bus wraps, and Administration Building Office Improvements. All Intelligent Transportation Systems (ITS) equipment/components are compatible with both Regional and National ITS architectures. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. The total Operating Assistance cost is $3,000.000, of which the federal share is $1,500,000. The nonfederal share consists of $750.000 in local funds and $750,000 in state funds. Operating assistance is for Indian River County's GoLine fixed -route system and Community Coach on demand -response service. The total project cost is $4,057,461 of which the federal share is $2,557,461. The nonfederal share will consist of $750,000 in Indian River County matching funds, $750,000 in FDOT state funds.. and $264, 365 in Transportation Development Credits provided by FDOT. Project Benefits The project will allow for the preservation and expansion of the GoLine and Community Coach public transportation services. Additionally, the project will enable the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo_ Project Location (Urbanized Areas) LIZA Code Area Name 120000 Florida 123920 Vero Beach--, stian, FL Congressional District Information District State 8 Florida Program Plan Information Go STIPMP Date: 7/1/2023 Description: STIP page 5678 for 5307 Capital UPWP Date: N/A Description: N/A Long Range Plan Date: N/A Description: NIA Project Control Totals Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,557,461 forward) Total Eligible Quantity LOC21 `', .:.,. _ $750,000 Local/In-Kind $0 State�� Amount State/In-Kind ;6 Other. _ :. v .,. $0 1 Transportation Development Credit $264,365 Adjustment :,.... s so Total Eligible Cost $4,057,461 Project Budget Project Number Budget Item FTA Amount Non -FTA Total Eligible Quantity Amount Amount FL- 113- 2024-- 00 BUS - 006-01- (113- STATIONiST©PS/TERMINALS $250,000,00 $0.00 $250,000.00 a1 00 Al) FL- 2024- 11.33.02 CONSTRUCT- $250,000.00 $0.00 $250,000.00 0 006-01- BUS STATION 00 FL- 1 14-�J yy■■ 2024- 00 . BUS: SUPPORT EQUIP AND ' 006-01- (114- FACILITIES . �, 7 4&7_0 l ,Q4 ;11-57h , W00, _..: 14 00 FL- 2024- 11.42.07 ACQUIRE - ADP $32,045.00 $0.00 $32,045.00 6 006-01- HARDWARE 00 Go FL- ACQUIRE - 2024- 11.42.09 MOBILE SURV/ $28,416.00 $0.00 $28,416.00 006-01- SECURITY 00 EQUIP FL- 2024- ACQUIRE - 006-01_ 11.42.11 SUPPORT $20,000.00 $0.00 $20,000.00 00 VEHICLES FL- REHAB/ 2024 11.44.01 RENOVATE- $77,000.00 $0.00 $77,000.00 006-01- ADMINISTRATIVE 00 FACILITY FL- 117- 2024- 006-01- 00 (117- OTHER CAPITAL ITEMS (BUS) $650,000.0a $0.00 $650,00a00 00 , A3�_. FL- 2024- PREVENTIVE 11.7A.00 $650,000.00 $0.00 $650,000.00 006-01- MAINTENANCE 00 FL- 300-`',1T... 2024- 00 OPERATING ASSISTANCE $1,5CC,000.00 $1.50(D'000.00 $3,000,0w.00 006-C1 (300- 00 FL- 2024- 30.09.01 UP TO 50% $1,500,00a00 $1,500,0()0.00 $3,000,000.00 006-01- FEDERAL SHARE 00 Project Budget Activity Line Items Budget Activity Line Item: 30.09.01 - UP TO 50% FEDERAL SHARE Scope Name / Code LLine Item Line Item Name Activity Quantity OPERATING ASSISTANCE 30UP TO 50% FEDERAL OPERATING 0 (300-00) .09.01 SHARE ASSISTANCE Extended Budget Description Operating expenses for existing service during the period of 8/1/2023 to 7/31/2024. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number v X11 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $1,500,000 Contract Award 6/612023 Initial Expenditures &V2023 Final Expeditures 7/30/2024 Local/In-Kind $0 Statelln-Kind $0 Other Federal Transportation Development Credit $0 RM Total Eligible Cost $3,000,000 Milestone Name Est. Completion Description Date Contract Award 6/612023 Initial Expenditures &V2023 Final Expeditures 7/30/2024 Budget Activity Line Item: 11.44.01 - REHABIRENOVATE - ADMINISTRATIVE FACILITY Scope Name/Code LineLine Item Name Activity Quantity Item # BU&GUPPORT - '—''--�'—'—'�'�— REHAB8RENOVATEBUS EQUIP AND 11 44O� ADK8|N|3TR�TN� � � SUpPORTFA]UEOU|P Extended Budget Description Design and construct an interior remodeling and expansion of the Transit Administraton Building's Main Conference Room located at438S43rdAve, Vero Beach, FL32QS7The remodeling work is an interior retrofit ofanexisting area within the building, Noexpansion o building will occur, A copy of the Documented CE from the original construction of the building has been uploaded to the Application Documents. Useful life |s 15years, Funds are tocontinue work asbegan inFL,2022-O55 Will 3rd Party contractors bmused tofulfill this activity line Item? No, 3rd Party Contractors will not be used for this line item. Se Funding CFOA |Funding�our�e �nnoum�| | Statute Number| 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $77.000 ` � �] Local Local/In-Kind so 8bshs` �������0��| ' Other Feder. $8 A"� �� Transportation Devekzpn�entCredit $19.250 MOM Total Eligible Cost $77,000 I Budget Activity Line Item: 11.7A.00 - PREVENTIVE MAINTENANCE I Scope Name I Code OTHER CAPITAL ITEMS (BUS) (117-00) Line item Line Item Name PREVENTIVE11,7A,00 MAINTENANCE Activity Quantity OTHER CAPITAL ITEMS (BUS) - Extended Budget Description Monthly service and repairs for all vehicles from 10/112022 to 9/30/2023; includes replacement of bres and batteries, oil changes/lubes at regular service intervals, Most of the work is perfonned in-house, while some work is (e.g. transmissions) is contracted- A Force Account Plan is on -file for in-house labor. Indian River County does not anticipate the purchase of items over $5,000 in value at this Urne.Any items with value over $5,000 identified during the execution of the activities under this ALI will be included after award (actual value and useful Ufe) Will 3rd Party contractors bmused tufulfill this activity line item? No, 3rd Party Contractors will not beused for this line item. |Fundh`gSourcm Section of C�D� - Amount| | S�du�/ Number | 93O7 - Urbanized Area Formula Grants (2013 and 5307-2A 2050 $650,000 Est. Completion Milestone Name Description End Elate 9/30%2023 --- --- _� i Budget Activity Line Item: 11.42.11 - ACQUIRE - SUPPORT VEHICLES I Scope Name 1 Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP AND FACILITIES (114- 00) ACQUIRE - ACQUISITION OF BUS 11.42.11 SUPPORT SUPPORT EQUIP/FACILITIES 1 VEHICLES Extended Budget Description Vehicle for maintenance and operations support activities. The vehicle will be purchased through a competitive procurement in compliance with FTA Circular 4220. Approximate cost is $35,000 per vehicle. Useful life is 4 years/100,000 miles to fit the categories described on PG IV -25 of the 5010 circular. The acquisition of the referenced support vehicle in P1 will cost $35,000. This grant will request $20,000 of FY2023 Section 5307 and the remaining $15,000 will/is requested in application FL -2021-014-00 FY2019/2020 Section 5307 Capital Assistance. Will 3rd Party contractors be used to fulfill this activity line item? Yes. 3rd Party Contractors will be used for this line item. Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $20,000 forward', Local $0 Local/In-Kind S0 State $0 State,%l n -Kind $0 Other Fede Transportation Development Credit $5,000 Total Eligible Cost $20,000 Milestone Name Est. Completion Description Date RFPl1FB Issued 1011/2023 Contract Award 3/31/2024 Project Complete 10/31/2025 Budget Activity Line Item: 11.42.09 - ACQUIRE - MOBILE SURV/SECURITY EQUIP Scope Name / Code Line Line Item Name Activity Quantity Item # (D U) ClG7 ry C) 0 00 n = n 61+ 0 (A a cr M tD OL 0 CD ;4: 0 co C) ro m0* 3 �j cr a m w z c E to > cn =r Ch m.0 to W c CL 3. CY (D CD (A n0 0 m 3 OL 3 CD '93 0 (D :r rr 3 w E U) — a) m En OL 70 < (D < E; CD to CD -- (D (n (A OL (D U) % C: (D (D 0 =r (D -0 C. 3 ch 0— (D fA* -Ln 03 C) CD 0 C) > w -n M >C C) -u F -0 ::i0m m C b 4 cn > C: 0 0 0 m 0 z C o u -n -n cai > n U) m U) IE cn 0 0 z w 3 0 iD CA a 2L C) 0 0 0 O 0 co ;I (D C: 0 CL 0 S 3 a, 0 na <:0 (D 03 to Ol ca. — :�- 0 o, < C") CL (n CD 3 =F a) � 0 (D cJ or w to C'Z w (A m OL 1 :3 0) m Cl. 0 (D Ch CD 0' OCi :3 —.( 0 n 0 (D M CSD c Ch a-ro3ro 3 0 3 ch< m m 0 EL Ca M M Cl. IN C C) > M =r co r - U) OL rip co :3 < (D (D c M C CA CL (D :;, (D 0 E 1� 0- m aN :1m 0 Jo w 3 0 m 0 (A C > 03 z r- 0 cn Ti U) > r- -0 M0 M— C) m C: 0 WE 0m I EN A. CA a 2L C) 0 0 0 O 0 co ;I (D C: 0 CL 0 S 3 a, 0 na <:0 (D 03 to Ol ca. — :�- 0 o, < C") CL (n CD 3 =F a) � 0 (D cJ or w to C'Z w (A m OL 1 :3 0) m Cl. 0 (D Ch CD 0' OCi :3 —.( 0 n 0 (D M CSD c Ch a-ro3ro 3 0 3 ch< m m 0 EL Ca M M Cl. IN C C) > M =r co r - U) OL rip co :3 < (D (D c M C CA CL (D :;, (D 0 E 1� 0- m aN :1m 0 Jo w 3 0 m 0 (A C > 03 z r- 0 cn Ti U) > r- -0 M0 M— C) m C: 0 WE e Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $32,045 forward) 12131i2023 Local _ ....., :,. LocaU l n -Kind $0 S` State/in-Kind Other Federa .._ .: Transportation Development Credit x011 Adjustment.mown Total Eligible Cost $32,045 Milestone Name Est. Completion Description Date RFP/iFB Issued 10/31/2023 Contract Award 12131i2023 Project Complete 12/31x2024 Budget Activity Line Item: 11.33.02 - CONSTRUCT - BUS STATION Scope Name / Code Line Line Item Activity Quantity Item # Name BUS - CONSTRUCT - CONSTRUCTION OF BUS STATIONISTOPS/TERMINALS 11.33.02 BUS STATION STATIONS/TERMINALS 0 (113-00) Extended Budget Description Construction of bus station improvements in conjunction with the programmed widening of County Road 510. Improvements to include a restroom facility with covered shelter for passengers at the North County Transit Hub. The improvements will be located on the west side of CR 510 just north of Sebastian River High School at 9001 90th Avenue (aka CR 510). The improvements will be located on a stormwater pond parcel to be dedicated to Indian River County by FDOT as part of the CR 510 widening project. The facility will be owned by Indian River County and operated and maintained by the County and the transit service contractor. Indian River County certifies an independent cost estimate will be prepared and available on file along with the corresponding cost/price analysis for the scope of work of the project. Construction management of the project will be conducted in-house and the project oversight will be contracted out. The useful life for the restroom and covered passenger waiting area is 40 years These funds are in addition to those previously allocated in FL -2021-014-00 and FL -2022- 055-00. Will 3rd Party contractors be used to fulfill this activity line item? Yes. 3rd Party Contractors will be used for this line item. Project Env^ronmentayF'nd'n`~�s I Finding: Class 11(c) - Categorical Exclusions (C -List) I Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment o/am environmental impact statement. FTA requires m sufficient project description tosupport aOEdetermination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 05:Activities, rehabilitations, designed topromote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components', insta|kadom and improvement ofsafety and communications equipment, including hazard elimination and mitigation; installation ofpassenger amenities and traffic signals; and rebnfittingexisting transportation vehicles, facilities or structures, or upgrading to current standards, Date Description Date Class lic CE Approved Total Scope �e �m FTA SoopeName /Code Quantity AEligible Number Name Amount I (D C) d 0 C� 0 C? 0 Q ifl I U) Z V) C 0 0 E c CL C iF w 09 E 6 C m fj (U w 0 o-Ew E W� :3 0 < 8 E C- 0 w :3 — E Wa) -0 W "0 43 ca wu E N mu — CL.8 Eo > 0 cn w 0 c a r 0 0 N'} W o m (U w t n IS c 0 M 0,0 W w w E c 0 0 � C E L 0M W v > V) o C: 0 i E n- 0 0 0 E 25 - to o 0 �= m > E 0 io 0 Ln c a) > 0 0 0 00 W cn > 16 (n (u 0 -ib C: in U- or c x (u i Q J2 E U-0 M 0 C" 0 in 0 w W 4.3 SQ jo 'X C Tza E za u 0, C - c M 0 E E inO q -r- r - c u Q 0 ::I > -co E c wo m E � - 0 V) 0 E < f -j- Q .; ro m — u w o E- 0_ j in w n 0 4) 0 CY Soi 91 IN 0 0 0 E (-D CL c :3 E 0- U) C CQ a(U E Er cr a) c EuroE c 0- E > tlCJ E E x u CL.- E 0- > c: c c" UC' C:U 0 c =0 L-- m Us T3 O C > �q 0,0 w w E E V) > 0— 0 M 0- Qi W CL CS c C 0 M 0 0 u > > W w E C: C OL >, yr v C5 W 0 rn O x cw a) P vi -E m t = c: -@ C: :cO Lo Co 0 X a.— O EpCla 0 0 ili to 3 4p in o E,c aq ui 0 (U (n c: in c 0) E cv =0 E 'f- m E -2 -C c o o 0- 0) 0 c 2 > m E�W— V) :3 0 -0 Cn E -t-- C �E 0 r- Vi 0 a) cro n —0 zm� 2 N M U EN Z5 (n v) m (n 0 C 0= 70 Q) 0 0— > -6 2 row. U) :j "D > .cinccc t ,0 0 < -�-- -;-- O to OL C �r_in -0 C C co L- m !n < 0 P E LL < 0) E m Z E 4) E z go BU&8UPPORT EQUIP ACQUIRE 'MOBILE AND FACILITIES (114- 11�2.09 SURV7SECURD-Y G OO) EQUIP I Finding: Class 11(c) - Categorical Exclusions (C -List) I Class Level Description Class U(o)consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment oran environmental impact statement. FTA requires e sufficient project description bzsupport aCEdetermination, The project may require additional documentation ho comply with other environmental laws. Categorical Exclusion Description Type 07-. Acquisition, installation, rehabilitation, replacement and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities. such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical Date Description Date Class |icCEApproved Line Item FTA TotalEligibleNumberSmopeN�nne/�ude L|mo�ern��mm �m�n�d� BUS,A�OU|RE- SUPPO�TB]U|P 1142L11 SUPPORT $2OOOU0] �2OOOQOO VEHICLES AND FACILITIES (114 -OO) ' � ' � I Finding: Class 11(c) - Categorical Exclusions (C -List) I Class Level Description Class 11(c) consistscf projectsth do not have a significant environmental impact onthe human or natural environment and are therefore categorically excluded from the requirement hzprepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws, Categorical Exclusion Description Type O7:Acquisition, installation, rehabilitation, replacement and maintenance ofvehicles o, equipment, within oraccommodated byexisting facilities, that does not result inachange infunctional use of the facilities, such as� equipment to be located within existing facilities and with no substantial off-site impacts- and vehic|es, including bueam, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date I m x W m u o t; C: ro a - 0 E EL .r- CL C !F= D E cLM (n 0 E 0) E :D CT 0 < cwt c F. tZ 'DE --cj 0 w Z) Cw E a) C 5 F= x u in E o m CL > 0 0 c 0 0 S_- CD C: var0'a (U a) -w E c c 0 a) 0 c 0 0 E m .5� ct (n tf 0 cn 0 C: M W a 0 in r- in -r- 0 0 M > U > 10 c w E N to C) u in E c w 0 w 10 0 vi o c 0 c It: W Q) E ani - -SR >0 E C - 0 m - 0 E CL in - 0 Cl -C =3 0 0za ro in c U1 p -0 c m Ucccn E 0 C M J7, 0 M'a c C: V) c E r- M.0 a) c: > 0 V) 'a M C C: a) M- C� 0 C ro 0 to iU -0 3: m (u> 0) wc C ID 'E w m 0 0 - C O 0 V) (U L: In CEJ w 6- E -a in F- th .0c r_ 0 E E z as 0 (D E m Z a) CL 0 0 co c .2 K w 0 rnm CAS LA- 0 ro LZ p o mac0 Cy_ 0 C: E a) E 0 -o 0 a) < 0 E 4--; > 0 rx x Uapi - tn E 0 > 0 oc 0 C U 0 0 (U ( 0,0 w - w E ca c a 0 W 0 c 0 -OL 'u E M 0 .- - r> it p 0 V)C to CL CL om*v-wEwmbw in 0 0 M 0 (D 0> c c > w - cn«a'>4nE c mc q) IOU -0 r_ - 0 > in C 0 OB ZI E 0-0 0 0 > c '0 - �o Qc w > - M w � - E cp 0 :3 r- 0 - C E,C: W 0 0 W 0 CL c as in F 3roinsv I) in w al :t::tG) U" > QOU 0 (10 Q) > c B " 0 Mn cL Le) M v) - tm 0 c > (13 U 0 X 10 C: CL a) -Cu m D a Q) o gi E C) w 0 CL D)i-- 0- >, Ct E CL (n rq m <Z) 0 co Z W CL 0 0 � w c (n 0 F- C:) m t; C: ro a - 0 E EL .r- CL C !F= D E cLM (n 0 E 0) E :D CT 0 < cwt c F. tZ 'DE --cj 0 w Z) Cw E a) C 5 F= x u in E o m CL > 0 0 c 0 0 S_- CD C: var0'a (U a) -w E c c 0 a) 0 c 0 0 E m .5� ct (n tf 0 cn 0 C: M W a 0 in r- in -r- 0 0 M > U > 10 c w E N to C) u in E c w 0 w 10 0 vi o c 0 c It: W Q) E ani - -SR >0 E C - 0 m - 0 E CL in - 0 Cl -C =3 0 0za ro in c U1 p -0 c m Ucccn E 0 C M J7, 0 M'a c C: V) c E r- M.0 a) c: > 0 V) 'a M C C: a) M- C� 0 C ro 0 to iU -0 3: m (u> 0) wc C ID 'E w m 0 0 - C O 0 V) (U L: In CEJ w 6- E -a in F- th .0c r_ 0 E E z as 0 (D E m Z a) CL 0 0 co c .2 K w 0 rnm CAS LA- 0 ro LZ p o mac0 Cy_ 0 C: E a) E 0 -o 0 a) < 0 E 4--; > 0 rx x Uapi - tn E 0 > 0 oc 0 C U 0 0 (U ( 0,0 w - w E ca c a 0 W 0 c 0 -OL 'u E M 0 .- - r> it p 0 V)C to CL CL om*v-wEwmbw in 0 0 M 0 (D 0> c c > w - cn«a'>4nE c mc q) IOU -0 r_ - 0 > in C 0 OB ZI E 0-0 0 0 > c '0 - �o Qc w > - M w � - E cp 0 :3 r- 0 - C E,C: W 0 0 W 0 CL c as in F 3roinsv I) in w al :t::tG) U" > QOU 0 (10 Q) > c B " 0 Mn cL Le) M v) - tm 0 c > (13 U 0 X 10 C: CL a) -Cu m D a Q) o gi E C) w 0 CL D)i-- 0- >, IQ Scope Name 1 Code Line Item Line Item Name Quantity FTA Amount Total Eligible Number Cost OPERATING UP TO 50% ASSISTANCE (300- 30.09.01 FEDERAL 0 $1,500,000.00 $3,000,000.00 00) SHARE Project Title: 5339 Capital Project Number Temporary Project Number Date Created Start Date End Date FL -2024-006-02-0C 5630-2023-1-P2 5/512023 9130/2025 1131/2026 Project Description Capital assistance for vehicle replacement. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. This project consists of capital assistance using FY 2023 funds from the Section 5339 program. The federal share consists of $212,256 in FY22 FTA section 5339 funds. For the nonfederal share of FTA Section 5339 capital expenditures (bus replacement), $53,064 in toll revenue credits awarded in FY 23. Copies of the Florida Governor's Apportionment letters are attached for the FY 23 5339 program. Project Benefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 FIcnda 123920 Vero Beach --Sebastian, F Congressional District Information District State 8 Florida Program Pian Information STIPITIP Date: 7/1/2023 Description: STIP pg 5679 for 5339 Capital UPWP Date: N/A Description: N/A Long Range Plan Date: N/A Description: N/A Project Control Totals Funding Source Section of Statute CFDA Number Amount 5339 — Buses and Bus Facilities Formula 5339-1 20526 $,212,246 LocaVIn-Kind $0 Project Budget Project Number Budget Item Amount Non- Total FTA Eligible Amount Amount Quantity 111 - FL -2024-006- 02-00 00 (111- BUS -ROLLING STOCK, 12,246.00 . o X0.00 $212,246.04 1 A4) FL -2024-006- BUY 02-00 11.12.03 REPLACEMENT $212,246.00 $0.00 $212,246.00 1 30 -FT BUS Project Budget Activity Line items Budget Activity Line Item: 11.12.03 - BUY REPLACEMENT 30 -FT BUS I Scope Name / Code Line Item Line Item Name Activity Quantity BUS - ROLLING BUY REPLACEMENT BUY REPLACEMENTS - STOCK (111-00) 11.12.03 30 -FT BUS CAPITAL BUS 1 Extended Budget Description This project is to replace a 2013 Gillig Heavy Duty Low Floor bus (Asset #232 // VIN 15GGE2719D1092339) with a new like for like replacement vehicle In 2025. Asset #232 has exceeded its useful mileage fife in FY 2023 with a total of 552,312 miles This mileage is 110% of the expected useful life being 12 yrs/ 500,000 miles The expected replacement cost is $450,000 which is above the $ 212,246 requested in the 11. 12.03 ALI Staff intends to combine 2023 ALI 11. 12.03 funds with 2024 ALI 11.12.03 funds to purchase the replacement vehicle. The replacement vehicle will be purchased from the state contract or the FPTA consortium contract, of which Indian River County is a listed parry, and will meet the the FAST Act Innovative Procurement methods. Both contracts will comply with FTA C 4220.1 F and Innovative Procurement & Leasing FAST Act Section 3019 The new vehicle will comply with ADA standards. To program is to replace a Gillig, Heavy Duty Low Floor 29' bus, 2013, VIN 15GGE2719D1092339, Total mileage, 552,312 miles. Will 3rd Party contractors be used to fulfill this activity tine item? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type Vehicle Condition Vehicle Size (ft.) N/A N/A N/A Funding Source Section of Statute CFDA Number Amount 5339 - Buses and Bus Facilities Formula; 5339-1 20,526 $212,246 Local � ��. �� wr. Local/In-Kind 30 w State ,a Contract Completion Statelln-Kind Date Other Federal` Transportation Development Cred)t, $53,064 Adjustment sol Total Eligible Cost $212,246 Milestone Name Est. Completion Description Date RFP/IFB Issue Date 9/30/2025 Contract Award Date )0131124)2 . _ . Initial Delivery Date 3/31/2026 Final Delivery Date 1 213 1 /202": Contract Completion 12/31/2026 Date Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition; installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts, and vehicles, including buses, rail cars, trolley cars ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name I Line Item FTA Total Eligible Code Number Line Item Name Quantity Amount Cost BUS - ROLLING 11.12.03 BUY REPLACEMENT 1 $212,246.00 $212,246.00 STOCK (111-00) 30 -FT BUS Project Title: ADA Operating Project Number Temporary Project Number Date Created Start Date End Date FL -2024-006-03-00 5630-2023-1-P3 5/5/2023 12/31/2023 3/3112025 Project Description This project contains ADA paratransit service Operating Assistance. The total ADA paratransit service operating assistance is $284,162. For the nonfederal share, Transportation Development Credits in the amount $71,041 are being provided by FDOT_ Project Benefits This project will allow for the preservation and expansion of Community Coach public transportation services. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. 60 Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida Congressional District Information District State 8 Florida Program Plan Information STIPMP Date: 7/1/2023 Description: STIP pages 5678-5679 for 5307 Operating UPWP Date: N/A Description: N/A Long Range Plan Date: N/A Description: N/A Project Control Totals 661 Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $284,162 forward) Locai/In-lQnd $0 Sta State&-irld 3rd Ottt Transportation' weldpmwdC $"MS041 Total Eligible Cost *2440 Project Budget Project Non- Total Number Budget Item Amount FTA Eligible Quantity Amount Amount 117, FL -2024-006- 00 OTHER CAPITAL ITEMS' OS 0( X117- (BUS)$284 t62 1 � $t"fTQ $284,162.00 D Ash NON FIXED FL -2024-006- 11 7C,00 ROUTE ADA $284,162.00 $0.00 $284,162.00 0 03-00 PARATRANSIT SERVICE Project Budget Activity Line Items Budget Activity Line Item: 11.7C.00 - NON FIXED ROUTE ADA PARATRANSIT SERVICE Scope Name / Code LLine Item Line Item Name Activity Quantity OTHER CAPITAL NON FIXED ROUTE ADA OTHER CAPITAL ITEMS (BUS) (117-00) 11.7C.00 PARATRANSIT SERVICE ITEMS (BUS) 0 Extended Budget Description Operating assistance for ADA complementary paratransit service. ADA service is provided by same contractor who operates fixed -route service. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $284,162 forward) Local $a Local/In-Kind $0 State. State/in-Kind $0 Other Fede so Transportation Development Credit $71,041 Adjustment ,. $0 Total Eligible Cost $284,162 Milestone Name Est. Completion Description Date RFP/IFB Issued 12/31/2023 Contract Award 3/3112024:, � � �• Project Complete 3/31/2025 Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts, engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class lic CE Approved Scope Name / Line Item FTA Total Eligible Code Number Line Item Name Quantity Amount Cost OTHER CAPITAL NON FIXED ROUTE ADA ITEMS (BUS) 11 7C.00 PARATRANSIT SERVICE 0 $284,162.00 $284162.00 (117-00) Part 4: Fleet Details Fleet Type: Fixed Route Fleet Comments Fixed route system consists of 14 routes, each with one VOMS. All spare vehicles have exceeded useful life minimum thresholds. n B. Pending Disposal Q 110 II. Total (I.0 and ll.C) 19 Fleet Type: Paratransit Fleet Comments None provided. Current Value Comment By Aries Little Comment Pre -Award Manager Returns Application Type Active Fleet A. Peak Requirement 1+4 a B, Spares C Total (A+B i 22 D. Spare Ratio (B! IL Inactive Fleet 'j A Other ;:..:. B Perdinp Disposal Q C'. Total (A+B) III. Total (1.0 and i1.C) 22'' Comment By Aries Little Comment Pre -Award Manager Returns Application Type Date Comment Please review the commentary referenced as PMPO Commentary under Application Documents. Comment By Aries Little Comment Pre -Award Manager Returns Application Type Date 1M67202 Comment Please move ALI 30.09.01 in P3 to P1. Comment By Aries Little Comment Pre -Award Manager Returns Application Type Comment See OPPD comments in Application Documents Part 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-30) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(30), http:J/www.transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. FTA AWARD Fa Federal Transit Administration (FTA) hereby awards a Federal Grant as follows Recipient Information Recipient Name: INDIAN RIVER, COUNTY OF Recipient ID: 5630 UEI: F83SLJJZ38K9 DUNS: 079208989 Award Information Federal Award Identification Number: FL -2024-006-00 Award Name: FY 2023 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach LIZA Award Start Date: 2/14/2024 Original Award End Date. 3/3112032 Current Award End Date. 3/31/2032 Award Executive Summar: The total eligible cost is $4,553,879. The federal share is $3,053,869, which consists of $2.841,623 in FTA Section 5307 funds (FY 2023) and $212,246 in Section 5339 capital bus replacement funds (FY 2023). Copies of the FY 2023 Florida Governor's Apportionment letters are attached for the Sec 5307 and Sec 5339 programs. This supergrant will consist of $1,553,869 (Federal) in capital expenditures and $1,500,000 (Federal) in operating expenditures. The nonfederal share of operating expenditures (50%) will be split between 5750,000 in FDOT grants ($610,038 from G2F87 and $660,879 from G2460) and $750,000 from Indian River County. Copies of the FDOT grant agreements have been uploaded to Application Documents, The Florida Department of Transportation has authorized toll revenue credits in the amount of $388,470 in support of this application dated June 2, 2023. Of the toll revenue credit amount, $335,406 supports the nonfederal share of 5307 capital expenditures and $53,064 supports the nonfederal share of 5339 capital expenditures. In accordance with federal regulations, a public hearing was conducted on June 6, 2023and advertised in advance. The current FY 2023 FDOT STIP is attached 5307 Capital Assistance is listed in item number/ FM# 407190-2. As required, 1 % of the award has been allocated to security -related projects (see ALI 11.42.09). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents). Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. 60 Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. In addition to FTAs Buy America Act, which requires that the steel, iron, and manufactured goods used in an FTA -funded project are produced in the United States (49 U.S.C. 53236)(1)), the Build America, Buy America Act (BABA) (Public Law 117-58, div. G 70914(a)) now requires that construction materials used in infrastructure projects are also produced in the United States. Refer to terms and conditions in FTAs Master Agreement Section 15. The BABA requirement applies to this grant, in addition to the Buy America Act, except to the extent a waiver of either requirements may apply. Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Subailocation Funds: Recipient organization is suballocated these apportionedfunds and can apply for and receive these funds directly. Pre -Award Authority: This award is using Pre -Award Authority. Award Budget Total Award Budget: 54,553,869.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $3,053,869.00 Amount of Non -Federal Funds Committed to This FTA Action (in U.S. Dollars): $1,500,000.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $3,053,869.00 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $1,500,000.00 Award Budget Control Totals Budget includes the individual Project Budgets (scopes and Activity Line Items) or as Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $2,841,623 forward) 5 —Buses ancf gr�s l a>riiries oriti� ;" 5339 Local $?QtO, State _ $750,000 BtateJCrtaf $0 1 Other Federal $0 aye.^`# :�Y Transportation prtre : "` Y $338e470 Go Adjustment $0 Total Eligible Cost $4,553,869 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: DOL Decision: DOL Concurs - Certified DOL Review Date: 211 412 02 4 DOL Certification Date: 2/14/2024 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making ail the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date. 2114!2024 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Brian Freeman MPO Staff Director INDIAN RIVER, COUNTY OF 2/952024 w �x w 40 Ouw w f% J M h -d a uC 3 KZ QLU �R w � W ozo 0 at Gow m O7 o �a c12 w � m too, �(�' c C ■ t7 m o- tl .� D � w? U�tb 2 RU UJ G +m+ cc C Q cU tU o f- -2 O Ln �mq ro: _ � � a 4 w LD C m m cE b c m Ud m m CO r-4 c c O c 0 :E c v .D Q c a� E a� 0 c 0 ;C7 .E ui a O LL w Cr W t-- 0 Z a d v, mac�m; � c X m U c c � tU m > N o v4':oAc� W N N N O O NCL yye 0, GI CC m m � E C C a. 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JopuaA juawdlnb3 Lo/pue al3lyaA 01 luawAed to juawasjn,-s!C] ;o u0r1e344Ja0 :1 VCINX3. _ aoue;sssy lepueul� I�Pa� ;o slueMy X01 sluawa�lnbad 1!pny :H Eq!4x3, X aouejs!ssb leloueuld e;ejS 10 spreMd jot sjuawannbad 1!pryi :J 3!0103. zZia390 1N3W331JOV 1N`d'tfD aIM�W�° N011V1280dSNVN1 onand &R-00&'f.Z1 u j N011Y1tlod4NYN1 io LMWcLe#"(3 Yorac' d do 3.Yls )4831) `113-linS -'I NVAN 30W 1SY1 NO NOI1V:)I3i1M33 AdQ3 3n?ii d tit 85��£b�Lt £ �,: bfiV dS86 Z03d�'t ° -01 ado}anu3 ZISnIop DocuS+ n Envelope opeID:6F?AAE42-9&SA1-4942-995 A3FF58434 A TRUE COPY CERTtFiCATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE OF FLOPIDA DEPARTMEHr OF TRAMWPORTATIGN F.- 725"-01 PUBLIC TRANSPORTATION OEg""TEO" VELflf'LF1iT GRANT AGREEMENT °GC mm e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chaptef 119, Florida Statutes. 9. Project Cost: a. The estimated total cost of the Project is $360,QCO. This amount is based upon Exhibit "S", Schedule of Financial Assistance. The timeline for deiiverables and distribution of estimated amounts between deliverabies 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 $180,000 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 ail 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 verifiabie 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 quandfiabie, 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 shaii 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 deliverabies 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. Suoporting 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 execLged 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 Decartment's Page 3 of 24 DocuSign Envelope 10: 6F1AAE42-985A-4942- 1.47EA3FF58434 Contractor Travel Form No. 300-000-06 and will be paid in acccrdarce with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 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, prcvide the Department with a corrective action plan describing how the Agency will address all issues of contract non-perfcrmance, unacceptable performarce, 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 bili 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 verfied, 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 aging 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. Records Retention. The Agency shall maintain an accounting sys',em 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 ether records of the Contractor and subcortractcfs considered necessary by the Department for a proper audit of costs L 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. Pace 4 of 24 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE OF FLORWA O£PAR-IMENT OF TRANSPORTATION Foran 72S4W.0I PUBLIC TRANSPORTATION 3TKArWiC DEYELOPMF3#T GRANT AGREEMENT occ 07r22 Contractor Travel Form No. 300-000-06 and will be paid in acccrdarce with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 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, prcvide the Department with a corrective action plan describing how the Agency will address all issues of contract non-perfcrmance, unacceptable performarce, 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 bili 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 verfied, 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 aging 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. Records Retention. The Agency shall maintain an accounting sys',em 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 ether records of the Contractor and subcortractcfs considered necessary by the Department for a proper audit of costs L 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. Pace 4 of 24 DocuSlgn Er velope ID: 6FtAAE42-985A-4942-995: :A3FF58434 A TRUE COPY CERTIFICATION ON'� LAST PAGE STATE OF R.OWRB OA OEPARTMEW Of TRAPORTATM RYAN L. AU S (" LERK PUBLIC TRANSPORTATION STRATEGIC o�vaoP�eM Er+z GRANT AGREEMENT accorm j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Prgect as the Department may require as listed in Exhibit "E", Program Speck 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. 1. Final Invoice. The Agency must submit the final invoice on the Prcject to the Department within 120 days after the completion of the Project Invoices submitted after the 120 -day time perod 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 cf availability of funds from the Departments project manager must be received prior to casts ging 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 riot eligible for reimbursement if incurred prior to funds approval being received. The Department veil notify the Agency, in writing, when fund✓ 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,OOC and has a term for a period of more than one year, the provisions of Section 339.135(6Xa), 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 rull 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 325,000 and which have a term for a period of more than 1 year." 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 fifes 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. it 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 Page 5;d 24 DocuSign Envelope 10: 6F1AAE42-985A-4942-47EA3FF58434 A TRUE COPY CERTIFICATION ON LAST PAGE $TAT=- Of rzcMw 3EPARTUP r 9F TPA93PCRTATICN RYAN L. 34J344,,"ERK PUBLIC TRANSPORTATION STR"rEWC DEVELOPMENT GRANT AGREEMENT occ=22 Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance costs agreed to oe home by the Agency or its contractors and subcontractors for 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 ,n 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 documen?ation 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 rilght-0f-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: 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 L Construct the Project utilizing existing Agency employees, if the Agency zan complete said Project wi#tin 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 1C%a 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 Agercy shall comply and regjire its contractors and subcontractors to comply with all terms Page 6 of 24 DocuSign Envelope ID: 6F1AAE42-985A-4942-995: A3FF58434 A TRITE COPY CERTIFICATION ON LAST PAGE STATE OF FLOPMA OL'PARTMEW Of TRM3PORTATICN RYAN L. Byj Lt 6ERK PUBLIC TRANSPORTATION 9TRATEEW DEVELOPMENT GM GRANT AGREEMENT OrGc V= and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resoivinc 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_ Procurement of Commodities or Contractual Services. it is understood and agreed by the Parties hereto that participation by tt^e Department in a project with the Agency, wt;ere 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, Florda 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 resporsibiiity 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 charge orders, or any other agreement that would resLit 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, shalt 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 provis ons of Section 28 7.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Cfficial 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 G.F.R. Part 25, as amended, shall nave the opporunity to participate in the perfom-lance of contracts financed in whole or in part with Department funds under this Agreement. T`ie DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensLre 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 stale laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors Page 7 of 24 DocuSign Envelope ID6FtAAE42-985A-4942 -47EA3FF58434 A TRUE COPY CERTIFICA{TION ONLAST PAGE $TATE OF FLORIDA DEPARTMENT Of TRANSAORTAMN RYAN t-_ 6VUU`aa�r�+ERK PUBLIC TRANSPORTATION STRATEGIC, DEVELOPMENT GRANT AGREEMENT °Gc q7= anc 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. 13. Maintenance Obligations. In the event the Project includes construction orthe 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 Projectfor all improvements constructed or commodities acquired as part of the Project. The terns 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 snail be determined on the basis of the ratio of the Department funding :if the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (54) days of closing of sale. iii. Sale of property developed or acquired with Department funds shalt 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 shalt 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 of 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 Page 8 of 24 j DocuStgn Envelope lo: 6FIAAE42-98SA-4942-995=A3FF58434 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 through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring proceduresiprocesses deemed appropriate by the Department. The Agency further agrees to compiy 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 subrecspient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: 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 reeded by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federat 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 determinatL cn 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 - Audlt 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 FD07Sinct1eAuditc5dot.state.fi.us no tater 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 rescurces (i e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entices). iv. The Agency must electronicatty, submit to the Federal Audit Clearinghouse (FAC) at https:.'/harvester. census- govffacweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days atter 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, Subpar, F - Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSincaleAuditCatdot.state.fl.us within the earlier of 30 ca!endar 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. Page 9 of 24 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L_ BUTLER, CLERK 37 ATE OF R MCA OEPARTWW OF TRANSPORTATION Forth 723.03"I PUBLIC TRANSPORTATION OIC DevEiDPttENS �`OPMW GRANT AGREEMENT ow 07= 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 through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring proceduresiprocesses deemed appropriate by the Department. The Agency further agrees to compiy 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 subrecspient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: 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 reeded by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federat 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 determinatL cn 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 - Audlt 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 FD07Sinct1eAuditc5dot.state.fi.us no tater 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 rescurces (i e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entices). iv. The Agency must electronicatty, submit to the Federal Audit Clearinghouse (FAC) at https:.'/harvester. census- govffacweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days atter 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, Subpar, F - Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSincaleAuditCatdot.state.fl.us within the earlier of 30 ca!endar 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. 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'a6e>{aed 6u!podai l!pne s,Aaua5y aq nna!naj 11!m ivau.4jedao ail 'Otld ato Aq llodau llpne a41 ;o aouelda00e;o stiiuow xis u!4p!M MLDVODo 1NM3389V LNV2iJ IMAJOTLABO , NO11V11JOdSNVH1 Dnsnd Nd9T34VYnn8 -1 NVAN aaiviaodwVul Jo lNaniay.eao vaWoii.o aivis 30VC11SY'l NO NOLLVDUILL2GD ,kaon anal v 4£485��Cb�Lf -Zir61r-V996-Z43YVtJ9 OI adolanu3 u&gmop DocuSign Envelope ID: 6F1AAE42-985A-4942-995 A3FF58434 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L- BUTLER, CLERK $TATE OF FLOROA DEPARTMENT OF TR "PORTATNON Fv- r2$4W-611 PUBLIC TRANSPORTATION"TE" DEYSOPq£NT GRANT AGREEMENT o6C 07n 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 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 Cepartment 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 FDOTSingleAudi 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 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 (ie_, 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 govemmentai entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall to submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSinaleAudit,(&dot.state.fl. us And State of Florida Auditor General Local Govemment Audits/342 111 West Madison Street, boom 401 Tallahassee, FL 32399-1450 Email: flaudgen locaipovt{S}aud.state_fl.us 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 Page 1 t of 24 DocuSign Envelope 10 6F1AAE42-985A-4942-'47EA3FF58434 A TRUE COPY CERTiFICATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE OF FLORIDA DEPARTMENT OF TRAMSPORTAMN Form TI5800-01 PUBLIC TRANSPORTATION SIRATEGIC NT DEVELOPMENT GRANT AGREEMENT °GC0'rn applicable vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -prom 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 aft deficiencies has been taken pertaining to the state financial assistance provided through to 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 threshcld amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 3E months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Secticn 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor Ust, 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. Page 12 of 24 DocuSign Envelope ID: 6FlAAE42-98SA-4942-995 EA3FF58434 A TRUE CONY CERTIFICATION ON LAST PAGE RYAN t BUTLER, CLERK STATE OF FLORIDA DEPARTMENT OF TRAmspoRTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELDPMefT GRANT AGREEMENT occmrzz 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 cr perform work for the construction or repair of a public building or pubic work or a contract with the Agency. 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 pursuart 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. PLrsuant 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 otter 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 fifing of Annual Reports within 60 days of any change taking effect- AJI 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 fdotsingfeaudit@dot.state_fi.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 constructior engineering and inspection services may not be the same entity. 18- Indemnification and Insurance: Page 13 of 24 Docu5ign Envelope ID: 6F1AAE42-985A-4942-' ' 47EA3FF58434 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE Or FLORIDA ]DEPARTMENT Of TRANSPOR",ATION FQ- r2$40"l PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc orm a. It is specifically agreed between the Parties executing this Agreement that it -s 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 darrage 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 subcontractor, in connection with this Agreement. Addihonalty, 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 contractorslsubccntractors and ccnsuftantslsubconsuitants who perform work in connection with this Agreement: 'To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnity, 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 persors employed or utilized by the contractodconsuttant 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, sale 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 eiec*.s 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 cperations perfon-ned 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 fcr 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 afforced to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restricilve than the coverage afforded to the Named insured. The limits of coverage shall not be less than S1,000,000 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 shalt 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; es and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named insured. No policyAes 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 Page 14 of 24 DocuSign Envebpe ID: 6FIAAE42-985A-4942-995=A3FF58434 00"k A TRUE COPY CERTiFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 5TArE Of F10RIVA OEPARTM"T OF nt"kS. RTAT1ON Fom 77500"1 PUBLIC TRANSPORTATiON STRATEGIC DEVELQPME7VT GRANT AGREEMENT °110% the State of Florida that elects to self -perform the Project. Prior to the execution of the Acreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shalt be provided with an ACORD Certificate of Liability Insurance reflecting the coverage descr•bed 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 policyCes, coverage, or ACORD Certilicates 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 rght- of-way, Including any encroachments thereon from worx 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 iniury 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/les 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 wrting 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 policyties, 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 grill 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 Llabillty. 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 s 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 subconsuttants are not agents of the Department as a result of this Agreement Page 15 of 24 DocuSign Envelope ID 6F1AAE42-985A-4942- 7EA3FF58434 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK NATE OF FLORIDA DEPARTWW" DF TRANSPORTATION Farm 7354W-01 PUBLIC TRANSPORTATION STRATEU DEVELOPMENT97 GRANT AGREEMENT OGC 07W 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 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 tt-e 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 shalt be deemed an original, but all of which shall cerstitute 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 shah 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, :Ve laws of Florida shall prevail. The Agency agrees to waive forurr 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 writier above. •,; �pal�iiS��Q�. AGENCY the Indian River o n �' f A?��F FLORIDA, DEPARTMENT OF TRANSPORTATION Co ssloners °aC1&iv ""'� By • CC?878T2t}O8CaA2 me: 'n P. Krane, P. E. )usan Adans -i'•. _Firector of Transportation Development Title: Cha iruan �'�✓E,R Cfl� ' STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review! ApprtOVtD A5 TO FORM 0ce 34grud uy: AND 3U a ElYWILLIAM K. DEB COUNTY ATTORNEY Attest: Ryan L. Butler, Cleric of Ci ' Court an omptrolier , ey: d11% Deputy Clerk Page 16 of 24 DocuSign Envelope ID: 6F1AAE42.985A-4942-9953 QFF58434 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L- BUTLER, CLERK STAT'_' OF FLORIDA DEPARTMENT OF TRAN8PORTATADN Foam x14.00842 IC PUBLIC TRANSPORTATION srRAT�a ,YT OEI�OPME GRANT AGREEMENT EXHIBITS °"°Tm 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)): Continuity of fixed route service to Feiisrnere, FL via GoLine Route 10. B. Project Location (limits, city, county, map): Indian River County C. Project Scope (allowable costs: describe project components, improvement typelservice type, approximate timeline. project schedule, project size): GoLine Route 10 will continue to provides service to the rural community of Fellsmere, FL. Service hours for GoLine will remain the same from 6:00 AM to 7.00 PM for weekdays. Saturday service hours will remain from 8:00 AM to 5:OOPM. D. DeliverableSs): Number of Trips Provided. 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 cocumentabon will be quantifiable, measurable, and veefiable, 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 toy 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 repot 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 24 DocuSign Envelope ID: 8F1AAE42-985A-4942'3-47EA3FF58434 STATE OF FLORIDA DEPARTMENT Of TRA"PORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK €oma 725-00642 STRATT-= DEVELOPMENT acc 07M FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING. A. Fund Type and Fiscal Year: Financia! Fund FLAIR State Object CSFAI CSFAlCFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $18Q000 ( $180,000 Year Travel Number s0 s0 454&72-1-84--23 DU C88774 2024 78000 20.549 Section 531 Formu�e rants Far the Rural $180,000.00 s0 so $0 Totals I $0 $180,0001 $180,0001 $360,000 LF General Fund $180,000.04 Total Financial Assistance 5360;000.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) ` State Local Federal Total Salaries $0 so so So Fringe Benefits $o so so So Contractual Services I $o $18Q000 ( $180,000 $360,000 Travel 30 s0 s0 $c Other Direct Costs ? So $0 so $0 Indirect Costs ( So s0 so $0 Totals I $0 $180,0001 $180,0001 $360,000 tsuoget category amounts are estimates ano can be snLttetl between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement or a: _ Monthly X Quarterly _ Other. Oasis upon the approval of the deliverables including the expenditure detail provided by the Agency. Scope Code and/or Activity 3009C1 Line Item (ALI) (Transit OnNI 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. Marie Dorismord iflePGrant Manager Name 1 1 -41 06/02,2024 f 7:05 Ari EDT Page 18 of 24 k DocvSign Envelope ID: 6FIAAE42-985A-4942-995 =A3FF58434 STATE Of FLOAJ" DEPARTMENT OF TRANSPORTAMN PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED A TRUE COPY CERTIMATWN ON LAST PAGE RYAN L. BUTLER, CLERK Fwm 725-006-4 STRATEGIC DEVELOPMENT occ .11. Page 19 of 24 DocuSign Envelope 10: 6FIAAE42-985A-4942-A}d -47EA3FF58434 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION norm 725AWU42 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCG?w EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "subrecipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40- 3. Adherence to Certifications and Assurances. 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. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration (`FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide 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 serrice provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U.S C. 5323(f) and 49 CFR 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. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for roiling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12, 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S-C. 7401 et seq., as amended, 4 this Agreement exceeds Page 20 of 24 Docu&gn Envelope ID; 6E1AAE42-985A-4942-9953 .. 3FF58434 A TRUE COPY CERTIFICATION ON LAST PACE RYAN L. SUTLER, CLERK STAr* OF FLOMA DEVARTUEW OF TAA03"TATION F1- r25-00442 PUBLIC TRANSPORTATION STIiATE67G DEVELOPMEttYr GRANT AGREEMENT EXHIBITS °GL°"= $150, 000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subreorpient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873; as they apply to the procurement of the items designated in Subpart B of 4C CFR 247. 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis-Baccn and Copeland Artti-kickback Acts as codified at 40 U.S.C. 3141 e! seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as acidified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient sha l not perform any act, fait to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. in accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Flan, and has performed annual safety inspections of all buses operated. 18. Budgeticost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budgetcost analysis in accordance with Section 216.3475, F.S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attomey certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F.$_ 21. Public Body Non -CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator it the county is a private -for-profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transpor ation in the same service area in which tt.e Community TranspertaWn Coordinator is providing non-spcnsered tips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be corsidered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation avaiiatAe to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of roiling 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 pubic transit vehicle's purchase ,price Page 21 of 24 DocuSign Envebpe ID: 6F1AAE42-985A-494347EA,3FF58434 STATE OF FLOMA DEPARtMEMT OF T'AAWSPORTAUM PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Fm rA w." STI 7e= DEVELOPUMOT OW 07M This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or outer applicable Department programs. — End of ExhA* € — Page 22 of 24 rM 1 0 910 T -n 0 R, Anro - a E; Cn F, rr tn Zn a) co :_:r :3 o 1 121 0 0) -0 :3 — g r- -n D 'D Cc" 5. 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(dJawaaJ6y.) 1N3W33ZiJd iN`a210 NOIIViOEINV�SSil £ �1�z 8�d1 "4Hi 9001 L9000959:3 uagwnN Jopuan 6zyMZ17099 apo: '6J0 00009L apoo 1091g0 S1Z DLL880 uo6awz) bltT13 vona seaJy leJn�1 xcy sl jagwnN 13tUNtdS 4oua6y alec pJemv leJapa3 /Ilua ltsueJi - (NIb3) JaquJnN uotieayquapl pJemV leJapadlJagwnN leJ9pa3 :uo43un,iiapo:) 4,A4oV VOM :(s)pun3 mza:)E)o I N3W33HE)V 1NV80 iN3Aofra3l uls N011b'laOdSN"l Oliand �t;�31 VZi15 4a-000-szz Um NOLLVLUOdSNVW 40 LN3VUl!fVd30 VOrSOIJ f031VLS VIN :99!1 V=ISO b7N :jagwnN VJSO eJ!D elnuuo3 iaWi bc-�o 609 0Z uagwnN Vp3Z) jagwnN peJiu00 L 0-tr8-"Z8 L LOtr t.a,aneacaseua-:ueu6ws-u�u) :(s)JagwnN P9!OJd le!aueu!3 3130 t'daZ L 9-1 8fi8tr-4£6B £96310£fi '01 adalanu3 ub!SMOCI DocuSign Envelope ID: 9301F063 -893D -4898-8F 37B720A108E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 723-000-01 PUBLIC TRANSPORTATION sTrOEYELOP E NENT GRANT AGREEMENT occ 07122 X Exhibit F: Contract Payment Requirements _ *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *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 December 31, 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 forwhich 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. Page 2 of 25 DocuSign Envelope ID: 9301FO63-893o-4898-8FrIft97B72OA108E STATE Of FLORIDA DEPARTMENT Of TRANSPORTATION Fo 725-000-01 PUBLIC TRANSPORTATION sTRATscI DEVELOPMENT GRANT AGREEMENT OGC 07122 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. 9. Project Cost: a. The estimated total cost of the Project is $364,412, 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 364.412 and, the Department's participation in the Project shall not exceed 100.00% 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 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 Page 3 of 25 Docusfgrt Envelope IDS 8301 F083-8830-4898-8PS 378720A t o8E STATE Of FLORICA DEPARTMENT OF TRANSPORTA nON Fw 72500"1 PUBLIC TRANSPORTATION TEMC DEVELOPMENTSTP''&4T GRANT AGREEMENT OGC07M Contractor Travel Form No, 300-000-46 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 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 334.444(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 pian 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 pian is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bili 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 24 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 fess 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_ 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. 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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 shail 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 Departments right-cf-way, the Agency shall provide the Department with written notification of either its intent to 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 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 Page 6 of 25 Docu.6ign Envelope ID 9301F063-8930-489"FC0""'A78720A108E STATE OF FLORIDA DEPARTMENT OF TRAN8PORTA TION Forth 728-00"1 PUBLIC TRANSPORTATION STRATEGIC D£VELOPMENT GRANT AGREEMENT orc °"m and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 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. 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 4 required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. 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 Page 7 of 25 a D=Sign Envelope ID- 9301F063 -893D -4898-8F` 37B720A108E STATE OF FLORIDA DEPARTMENT OF TR4NSPORTA TION Form 72530"1 PUBLIC TRANSPORTATION OEYSTRATEGIC ELOPMENT GRANT AGREEMENT OGco7= 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. 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. greement: 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 an the value of the non-cash considerations. c. The terms of provisions "a" and "b' above shall survive the termination of this Agreement. L. 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 rasped 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 Page 8 of 25 9Z 10 g abed s;uawautnbad;!pnV — _� �ledgnS 'OOZ lJed ddb Z Aq pannbai se pouad J!pne ay} ;o pua ay; JaJ;e sgluow auiu uo (s)ljodai stopne agl;o ;dtaoei Jai4e s(ep Jepua!eo 06 ;o Japea ag; u!41!m sn y ale;s lop ltpnyal utSlOod of palltwgns aq osle a6eped bui�jodau ppne agl;o Adoo e saJ!nbei luaulpeda(O ay; 'JanamoH 's;uawautnbaa P.pny— d liedgnS 'OOZ PEd ddS Z Aq pautnbai s;pne uo; pJooau;o AJol!sodaJ at{; si add a41 'pouad p.pne ag;;o pua ay; ua:4e sg;uow auiu Jo (s)UodaJ s joltpne aql;o ldlaoaJ Ja)je sAep uepualeo O£ ;o Jat{uea 9L4 u14lim 's;uawautnbad pny — d lJedgnS 'OOZ Ved ado Z Aq paJtnbai se a6eNoed 6u!;Jodai ppne ag; /gamae;/no 'snsuao Ja;sanJeg/i:s l}y le (Oyd) asnog6uuealp l!pnV leuapa j ay; o; jiwgns AIleotumpala ;snw Aoua6y aql 'Al '(sat;!lua leuapad uegl Sat;;o woJ; pautelgo saounosai s,Aoua6V agl wou; peed aq ;snw ;ipne ue yons ;o ;soo agl ' a r) saoinosai leuapad-uou woJ; ped aq lsnw;tpne aq; ;o;soo ag; 'sluawautnbad ;!pny — d liedgnS 'QOZ lJed 2jd:) Z;o suots!nad ay; g;im aouepu000e ui palonpuoa ppne ue aneg o; S;oala pue JeaA posy e w spieme Ieiapad ut 's;uawautnba�! ;!pny — d vedgnS 'OOZ lJed Hdo Z Aq pagstlge;sa p!o4saJ4l a4; uegl ssal spuadxa Aaua6y ag; Juana ay; ul 'ueaA ppne aigeolldde gaea uo; pouad ;!pne s,Aou96y ay; ;o pua ay; Jape sq;uow aulu ueg; Jap ou sn,g a;els;op ;pnyai u!Slo(]d le ;uawpeclao ay; o; ;wawalels uogdwaxa upne albuts e ap!noid ;snw Aaua6y ag; 'JanamoH ueaA Ieosg ;egl Jo; s;uawaitnbai ;pne leuapad woo ldwaxa st Aoua6d ay; 'spieme !eJapad ut 's;uawaJ!nbad l!pny — d JJedgnS 'OOZ Ped 8d3 Z Aq pags!Ige;sa p104s9Jg1 agl ueg; ssa! spuadxa A0u96y ay; Juana ay; ul !!! -sluawautnbeH J!pny — d liedgnS 'OOZ lied UJO Z ul paptnoid se saq!pq!suodsaJ aaltpne ay; of an!;eI@J s;uawaitnbai ay; !!yln; Ilegs Aoua6y ay; 'sluawa.nnbai ;!pne ay; 4;!m uotpauuoo ul n -fired s!g;;o s}uawaitnbai ay; laaw i!tm 's;uawau!nbad ;!pny — d �jedgnS 'OOZ lied ado Z ;o suots!noid aqj gp.m aouepu000e ut IeuauaO uo;pny eppold ;o a;elS a4; Aq palanpuoo ppne uy -s;uawaJtnba�j l!Pnd — d }JedgnS 'OOZ 11ed ddo Z Aq pagstlgelse sau!Iapin6 a4l gum aouepu000e ui aq pinogs papuadxa spieme !eJapad;o s;unowe;o uotleulwialap agl -;uawaaJ6y sty; Aq;uaw}uedap ay; y6noJg; papnold pierce !eJapad ay; 6utpnlau! 'sinoao pueme leuapad a4; of pa;elaJ A;tnrlae ag; uagm uo paseq spieme !eJapad ;o saoinos Ile Jap!suoa lsnw Aoua6y ay; 'ueaA leosg e ui papuadxa spieme !eJapad 6uuLwa;ap ul s;uawaJtnbad 1pny — d pedgnS 'OOZ lJed d30 Z ;o spawaimbai ay; g;pm Aldwoo uaglJry of A3u96y ay; Aq papaau not;ewJo;ut not;eoy!;uap! pueme !eJapad paJtnbaJ agl saPinoud luawaau6y stg; o; 'aoue}s!ssy Iepueul3 IeJape.1 }o spuemV Jo; s;uawaJ!nbaa ;!pnV `„H„ : !q!4x3 -sluawaJtnbad ;tpnV — d ;IedgnS 'ON lJed 6d0 z 1 SUOISIAOJd ay; g}!m aauepuooae ui JeaA least' Bons Jo; papnpuoa ltpne o!poads-weu6oud Jo al6uts !eJapad a aneq ;snw Aoua6y a4l s4uawau!nbaH llpny — d lJedgnS 'OOZ lJed ddb Z Aq pays!Ige;sa plogsai4; a4; ;o ssaoxa u! Jo o; Ienba spueme leuapad ;o lunowe !elol e spuadxa AouaSV ay; Juana ay; u1 s;uawaimbei 6u!mollo; aq; of pafgns s! ';uawaaJ6y sty; g6noJgl;uaw�jedap aq; Aq papieme pieme !eJapad e;o;uatdpaugns e se 's;uaLuau!nbaH ;pnV — d pedgnS '00Z lJed ddb Z Aq pautgap se Al!lua !euapad-uou e `Aaua6y agl q -IeJauaO Joppny epuold;o ale;S uo '(OdZ)) Jaay}O !etaueutd19tg3 ePuold ;o a;e;S 'luawpedaC] agl Aq fiessaoau pawaap s�ppne Jo 'suo!;e6t;sanut `smatAaJ 'suoipadsu! Aue g;!m a;euad000 pue Aldwoo of saaJ6e Jag}Jn; Aau96y agl -;uawlJedap ay; Aq aleudoidde pawaap sasssooid/sainpaaoid buuoltuow Aue 4ltm AlIn; a;euad000 pue Aldwoo of saaJ6e Aaua6y aql 'JuawaaJ6y s141 o;u! 6uua;ua Aq 'JuawaaJ6y si4; Aq luawluedap a4l y6nouyl paptnoud spieme leuapad of u!elJad s6utpuy asog; uagm sppne g6nou4; puno; sassau�eam uo suo!staap;uawa6euew 6utnssr pue 'uotlae an!loaJJoa buunsua 'dn 6wmollo; 'spodai lepueug pue aoueLwopad paurnbai Aue 6uim9lAaJ 6utpnlau! 'sainpaooJd Jay;o Jo/pue }}els;uawliedap zzrtooso 1N3W33NOV iN'd O iNMdO13A30s Dt'J31 Ni31 VINOdSN`dal onand ISRIV2i1.S V W-ow-SU U”" NOU VINOdSN"1 d01N3W121Vd3O VOrdO1d :10 31V1S 390 wo�cer�Q 6 $ 4-osss £9D3 =6 -C]I ad0{anu3 usiS,raoq DocuSign Envelope ID: 9301F063-8930-4898-8a!337B720A108E STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC0722 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 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 (dery 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 CFC}, 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 FDOTSingieAudit Qdot.state.fi.us State Funded: In addition to reviews of audits conducted in accordance with Section 215.97, Flonda 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: Page 10 of 25 DocvSign Envelope ID: 93€}1FO63-8930-4898-8F[ "`37872oA1o8E STATE OF FLORIDA D£PAR'TMEW OF nUMPORTATSON Form 72S-00"1 PUBLIC TRANSPORTATION DEV�'`ELOPMENT eJT GRANT AGREEMENT DOC 07M In the event the ;agency meets the audit threshold requirements established by Section 215.97, Aida 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 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 nenstate 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 FDOTSingleAudit(d)dct.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 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 Of ice of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSinaleAudit{ dot_ state. fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudoen localgovt,&aud.state. fl us 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 Page 11 of 25 SZJOZ91*d ' 1,1qua oilqnd Aue L4;!m ssautsnq PesUeA IOU Am pup 'A4!jua :)ilqnd Aus 4Pm PEAMO 8 JaPun juellnSUOD 10 -ioloeiluooqns 'jaitddns 'jopeiluaD e se vom wjoped jo papieme aq jou AeLu :41ua ailqnd e o; A;.jadoid lean jo saseal uo sp!q 1!ujqns jou Aew 'Vom:)tlqnd jo buipl!nq otlqnd e jo iiedai jo uoiprulsum aL41 jol A4!lua oilqnd e i44!m peilum e uo pq e p.Luqns jou Aew '/qqua :)tlqnd e ol s9z)iAjas JO SPOOB BP!Aoid ol joeiluoo e uo p!q e I!Luqns jou Aew 'saoituaS juawaftueVq jo juawveda(3 eppoj� 941 Aq ;dad 'ISI -1 JOPuBA /JOleulUJu0s'C3 9t4l uo paDeld uaaq seq oL4m aleil!ge jo Alijua ue 'saInjelS eppoll '17Z L -y .1 . -q SZ uotpaS q:pm aouepi000e ul jsr1 JOPUOA f,)Oleu'Lui DSIG 'IS!l JOPU@A PajOlAuoo aq; uo paoeld Butaq 40 91EP 9141 UJ04 SL44UDUJ 9C JO POUad e J04 OMi A�40Z)31 V0 101 'Sa4nMIS ePPOI-A 'L LO 18Z UOIPaS Ul P9P!Aojd ;unowe ploqs9J41 a4l 40 ssaoxa ui 4jua oitqnd Aue qpm ssauisnq pesuell IOU Aew pue '4,jua oilqnd Aue ql!m pejluoo e spun jue4nsuoo jo 'jopejluc:>qns 'jailddns 'jopeijum e se Ydom wioped .to papiemE aq IOU Aew 'A4i3ua otlqnd e ol A4j9doid lean 10 saseal uo sp!q liwqns jou 4eLu')pom oilqnd jo Buipl!nq oilqnd e jo iiedai jo mprulsuoo aqj jo� f4!jua ojtqnd e L41!m pellum e uo p!q'o j!wqns IOU Aew :A4!jua oilqnd e ol se:)iAJ,?s jo spoob Aue ap!Aoid ol peiluo:) e uo pq e p.wqns jou Aew awtio A4!lua otlqnd e jol uoiIDjAuoo e Butmollol Isil JOPUaA P8PjAUO3 at4l uo paoeld uaaq seq ogre aleil!4e jo uosjad V JOPu9A POI:)IAUO:) :SUOISIAOJd joqe-1 pup sloj3uo:)'suowq!4cud 'suD'13111saN -SaRU51saP 11941 JO sjojei;siuiwpV aNpadsaj,saqUed 9U1 W04 Builpm ut paujetqo aq IsnLu 4uawaabV v4l, Ul PeOUWalaJ SleAoidde Pup Sa04ON 'SjEAc:uddV pup seaqON -9 -juawliedaC] aq; Aq Butlum ui papua3xa ssalun 'panssi si liodai I!pne @L41 alep aq; twil siegA any JO pouad e jol Isanbei Uodn jejauaE) jol!pnV L-p!jol_A }o ajejS .to 'S -IC] 'aauSisap sp, jo ju9u4jeda(] at43 ol alqel!eAe apew aje waded buiVom 4!pne aq; 4eL41 ainsua lleqs Aoua6V at4l -;sanbai uodn spio:)aj vans ol ssaooe jejauaE) joljpnV eppol _j jo ajejS jo 'S_jC] 'aauBtsap slt jo juawliedaC] 9L41 molle jjeL4s pue panssi si podaj:ppne a4l alep aL41 UJ04 sJ89A 9AU jo poil9d e jol luawaajbV S1144 10 SU -U8; 941 L4)!m aDuetidwoo sli, 6uile.4suowap spjooai juatoWns uielaj 1IR4s AOu'?BV a4i PaAlOS9J si aindsip 9q; jo alaldwo-D si uOlPe 944 l!lun pauie;aj aq 11eqs uo4e6i4!j .to 'sleadde 'sbulpug ;!pne PaAlosajun ol pajejej spjooa�j fjess@Dau se spicDai joafoid pue 'siaded 5uppom sjoppne juapuadapui aq; 'sluawalels letoueug buipnl:)ui 'spjooei S,40UR5v a4l 01 ssame jejauao jojjpnV aL41 jo `Sja 'eau5isap sat jo juaw;ieda(] aq; I!uuad lleqs A:)uabV ay; 'aDUejS!SSe IBI:)UeUg ajMS 6UIA!,?O;;i jo UOI�Puoo a sv '!!IA ,a3ueildwoo aDJOJU9 01 UOIJOe aAlPalJO3 aleiidoidde ante; Amu juawliedao aq; 'sa#njejS EPPOIJ L6'9yz U01pas qPM jualstsum pa;onpuco I!pne Ue 9Aeq C4 st!q 4ou95V aq;1l -ju,?Luaaj6V sq; Aq juaur3jedaC] 94; 46noiql pap!Aoid aouqsisse letoueug 9I.qs aq; ol Bututepad ua�e; uaaq seq SaIOU9049p lie UO U040e 9AIloali0o aletidoidde pue A19LU4 Jaqla4m autwialap os; kessaoau jua;xa aL41 ol 'sial4al juawabeuew pup sueld uotpe amPaijoo 5utpnloui 'aB"oed 5ui:podai letoueug S,A3UR5'V aq; MatAaJ ll!m luawveda(] a4l 'sqluow xis uiqji.m pue 'Idinai uocin ,a5eN:)ed butliodai ay; ButAuedwome aDuapuodsaijoo ul bu96V a4l ol pajamlap sem 96e)loed Butpodai aq; aZep aq; ajeoipui pino4s `jejauaE) jol!pnV a4l jo salnU '(suoileziue6jo ;goad -jot pue lijoiduou) OS;9'OL JO (Sa4l -Q; sia)deqo 41!m aDuepicoDe ui auop sl!pne � jUa JE4U9UJUJaAO5 lel) 099 .io; juaLu;jedaC] aq; ol sa5e)joed 5uguodau letoueu4 5ui4.ttuqns U@4m 'ADUD6V aLLL JA alqeoildde mlo ZYDO lN3W33Nf)V iNVHE) lNghd013A30 atDalvuls N0liVl80dSNV81 onand 0"000-9tl W0.4 tiouviNodslvvldi:oo.1ti3wi,Nvdao yowol� ao 31'els W4*03 UOSM00 9z jo c L abed :a:)uemsul pup uotleogtuwapul •9l 'Alt;ue awes aql aq;ou Aew saotnias uoi;oadsui pue 6uu99ui6ua uaprulsuoo pue u5tsap 6uiLwopad A;tlua aq; 'sa;n;elS epuol_q 'yoo z££ uotpaas ut pauyap se ljodne ue jo 'sa;n;elS epuald '60 1. 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jou si 4! ley) luawaaj6y stgl 6uilnoaxa satlie3 ayl uaaMlaq paaj6e Alleogpads si 11 M20 000 11431A133NEW 1NVHE) 30ai kils NOUV180dSN"l onand W-ODO-SU Uto j N0U V1210dSN VNl d0 1N3W18Vd30 YOW013 30 31 VIS 3801VOnSZES P-26St-t7£6e-£90A10£6 01 ad0l9nu3 u6,fS*Mofl gym, QocuSign Envelope 10: 9301 F063-8930-4898-8FC"7B72OA108E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 726.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 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 policyfles, 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 ary 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. Page 15 of 25 DocuSign Envelope 1D- 9301F463 -893D -4898-8F 3378720At08E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fame 725.000-07 PUBLIC TRANSPORTATION CEsrwMENT YELOPSaENT GRANT AGREEMENT pGG67122 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 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. '+•••fit ,t'�'DocuSigmd by, AGENCY Indian River County BOCC :; ` STA f GRID; DEPAR M NT OF TRANSPORTATION . 379A8FiEF4EE. By, i Stewed C. Braun, P. E. Name: Peter D. O'Bryan :1 3-' f �' Cz�ctor of Transportation Development Title: Chairman `TCG ta(� STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION dew. 430E5883036F46d f,PPRCOV=O AS TO FORD, fis`1d LEC -;AL Gti,rriCIEIVCY �il:AAttest: Jeffre R. Smith, Clerk of , Y ;-OUNTY ITORNEY Circuit Court and Comptroller By - Deputy Clerk Page 16 of 25 OocuSign Envelope ID: 9301 F063-89304898-8FC=""'' 78720A 108E 00*11 STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION Forth 725 -OM -02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPPMENTE GRANT AGREEMENT EXHIBITS OGC OW22 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)): adds FY23 Section 5311 operating Coronavirus Response and Relief Supplemental Appropriation Act (CRRSAA) of 2021 funding for Indian River County. The project will provide operational assistance to help Indian River County as they continue to recover from the devastating financial and public health impacts of COVID. B. Project Location (limits, city, county, map): Indian River County BOCCNerc Beach, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1) Refer to Exhibit E and Exhibit F of PTCA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) Ensure that funds are used to prevent. prepare for, and respond to COVID-19. 8) If the Grantee does not show a steady use of the funds, the Department will consider closing the PTGA and reallocating the amount available for the Grantee's use. 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. Page 17 of 25 DocuSign Envelope 10: 9301F063 -8930-489&8f .37B72OA108E STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS oG`09M E. Unallowable Costs (including but not limited to). candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, giftslfiowers, promotional items. 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 18 of 25 DocuSign Envelope ID: 9301F063-8930-4898-8FC"7B720A108E STATE Of FLORIDA DEPARTMENT Of TRANSPORTATION Futm 725-006-02 PUBLIC TRANSPORTATION OEVnO MST GRANT AGREEMENT EXHIBITS OGCasm 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 CSFAI CSFAICFIiA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $0 $364,412 Year Travel Number $0 $0 407182-3-84-01 DUCA 088774 2023 780000 20.509 Formula Grants for Rural Areas $364,412.00 $0 so Total Financial Assistance $364;412.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 so $0 Frr e Benefits $0 $0 $0 $0 Contractual Services $0 $0 $364,412 $364,412 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 so $0 TatarS1f $3U.412 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 Cotte andlor Activity Line Item (Atl) (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. LsibPrant Manager Name 1/10/2023 1 12:38 PM EST 7878ACOA80TE489... Signature Date Page 19 of 25 DocuSign Envelope ID: 93D1F063-893D-4898-Si 337B720A108E 00,11 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STAATEG' DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC09= I AwIlaillie, AGENCY RESOLUTION PLEASE SEE ATTACHED Page 20 of 25 DocuSign Envelope ID 9301F083-893D-489fl $FC76720A108E STATE OF FLCMDA DEPARTMENT OF TRANSPORTATION Form 725000-02 PUBLIC TRANSPORTATION sTRATEc:c DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC"M EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the 'subrecipient', shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.G. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. 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. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.G. 5323(d), (r) and 49 CFR 604, which provide 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. 6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 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. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 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. 8_ Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10, Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA`s bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean AIr Act The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C, 7401 et seq., as amended, if this Agreement exceeds Page 21 of 25 DocuSign Envelope 0: 9301 F063 -8930-4898--E 837372OA108E 14� STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION Fo=726-mW4z pUBLCTRANSPORTAT!ON sm^��nGRANT AGREEMENT EXHIBITS OG.0 OW22 12. Resource Conservation and Recovery Act 5311subrecipientagrees to comply with all the requirement ofSection GOO2ofthe Resource Conservation and Recovery Act (RCRA).4QU.S,C�89G2.as including but notlimited toMhe regulatory mvisionscf40CFR 247.and ExecuMve Order 12873, as they apply tothe procurement ufthe items designated inSubpart Bnf4OCFR 247 13. Davis -Bacon and Copeland Anti -kickback- The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback Acts aucodified ed4OU.S'C�3i41 eteeq,and 18U,S,C.874for any agreement exceeding $2,000, 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 mubreoAksntagrees ba comply with the Contract Work Hours and Safety Standards Act, codified a$48U.S.C,37O1egseq. 18, Transit Employee Protective Agreements. The 5311 sobrodpientagrees tocomply with the Transit Employee Protective Agreements amcodified in40U.B.C, 5333and 29CFR 215. iG. Compliance with FTA Terms eubnecipientshall not perform any act, fail ho perform any act, nrrefuse comply with any Departmentrequests which would cause the 5311subreuipimnt tobeinviolation ofthe FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341 �061, F.S,, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budget/cost analysis. The Agency will ouabt the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216,3475, FS. 19. Non -urbanized area. The Agency will provide the methodology fordetermining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 28.Attorney certification. The Agency will submit an attorney certification prior hosubmitting the first invoice and once yearly thereafter for goods o,services under this Agreement ioaccordance with Chapter 287. 21. Public Body Non -CTC Recipients. An Agency may receive B11funds when the Community Transportation Coordinator in the county is entity, When the Agency accepts the 5311 funding, enters into a contract/PTGA*hh the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area in which the Community Transportation Coordinator is providing non'sponsoredbhpw for the Commission for the Transportation Disad,antagod, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds, The Agency will beresponsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department onrequest. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY tocapital procurements ofvo8)ng stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, o,where the Department participates in5OY6ormore ofthe public transit vehicle's purchase price. Page 22 of 25 gz 40 cz 96ed qlqxg jo pu3 — -swei6oid luou4jeda(] apeoildde ja4jo jo 'LueJBO'd juawdolaAaa ao!/ugS I!suej_L 9jejS 'weJSOJd joppjoo 1!suejj_ alt4S 'wejBOJd IME) NDOIG:PsueJi alOIS 941 japun pasepind salop4aA apnioui Aew slu L a"000 SIISIHX3 IN3W33HE)V.LNVHS 116MOTIVOG DIMA" NOIIVIHOdSNVHlpn9nd govoc-ou OWS NOUVINOd6WVHI.40 IN3KWVd3° VOWO"W:iO 31VIS 390 i bOZG flj8 SBBt^ Li668 E9Qd WC6 :01 adOWu3 uBt 1%4� srwo DocuSign Envelope ID: 9301F063 -89304898-F 837872OA10BE ' STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION Fo m "6400.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC DS= 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 httr)s://www.mvfloridacfo.comiDivision/AAiManuals/documents/ReferenceGuideforStateExpenditures.pcf, Page 24 of 25 SZ 10 SZ abed no 's-6 Is;'rnn�na (S8Sd) wa;sdS 6urpodaH pJeMe-qnS (V1Vdd) IDV ADuaJedsueJl pus 41!ge;un000V 6u!pund IeJapad n!pl}/no ';ap'eM4}�AV" uo!s!nra epuoE3 uol;eJ;s!u!uJpy /emgBIH leJapad �Z euJ//!o '}op'N0W L17L-ZL L 'T'd `AIMU90 xLZ 941 u! ss9J6oJd JOJ peagV 6u!nOIN – LZ-dMN Iuu;yx'asmoJq/no ,asnoy7apoo-sn/f g apoD salelS Pa;!un 'uo!1eliodsueJ1– 6'� aII!I IW14X'asM0Jq/no t i 'asnoy apoosn apoD sa;e;S pa;!un `SAsMy6!H – EZ aIPLL :JNIMOIIOd 3H1 OI 1DJmnS 38 OSIV AVW IN3W33bl0V SIHI 01 1NVnsNnd Q30NVMV S35NnOS3bi IV A3034 AO J�1 Da'hMAM spJeMV !eJapaA Jol s;uawa.nnbad ;!pnV a sald!3uud ;soD `s;uaWaJ!nba8 an!;eJ;s!ulu PV Lwo3!un – 00Z:Ped 23dD Z SIN3W381nD323 lianV VNIM0I103 3HI 01 I03f`BnS 3NV 1NM3360V SIHI '01lNvnsNnd a3a23VMV S3DLinOS3a IV233ali L8'QDZ§ 2IAO Z Is pauLap se;uawdolanaa pus yaJeasadj.. s;uawpuawe q;!M aSueyo leu ;unowe pJeMe leJapa; ayl,. ON -078 JO,I Si pJeMV.. :a;ed;sOD;aaJlpul uo!;e}JodsueJllo;uaur}Jedaa epuold :f,oua6V 6ulpJeMV ZLb 179£$ :lunowV pJemV. seaJV leJnd Jo; s;ueJO elnuJJod :ami VadD 609 0Z :*ON V(3dD :SMOIIOd SV 38V 1N3W33HE)V SIHI 011NVnS23nd 03(3NVMV S3D23nOS3H IV233a33 30NVISISSV `TVIONVNid 1"3034 d0 S(INVMV 2304 SIN3W3231nD3H Il0nV H 1ISIHX3 tZIN aw SII81HX31N3W33H0V 1NVNE) ID31v is ar�32vaN0IIV1230dSNV I Dnsnd to-000-gu uuoJ N0UV2t30dSNVki1301N3WIMMd30 tlaimmi d0 324`15 X801 10 6 =0! adaianu3 u6i3nDoC] DocuSign Envelope ID: 9301F063 -893D-489&2 40Wk1'837B720A108E RESOLUTION NO. 2022- 080 go A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDL&N RIVER COUNTY AUTHORILLNG THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes andior the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Cbairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $364,412 in Corouavkus Response and Relief Supplemental Appropriation Act (CRRSAA) of 2021, Formula Grants for Rural Areas (Section 5311) funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant THIS RESOLUTION was moved for adoption by Joseph E. Flescher and the motion was seconded by Joseph Earman and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice -Chairman Joe Earman — AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE F'Community Devrlopmtnt',Usm-s\MPOlTransit\Grant54531 1\2122 CRRSA.A AR"TGA rcsaktion,docx Page I of 2 zio z ag8a-op—grgosa YD.LdS"V YYs :) ZZTZiTT£51t4ben,Xu—:Llt3dW —MV—Md ""Q tuntnmo :g lu2,u4.md*a jxmujdojaAaQ KjjunurmoD JoloatcQ `dDry `a063eW r. a S2iRUVW Z.KIdQ'IgAaci AMNMWOD os Sty' CIaA02id(TV Xaruollb f unOD :zeas ADNMDzazMs TV93z 01 SV QanoxadV o.Ignd �oN ,fI r zzoz T2gm2AOx jo step Is, sltp presaioje MT of nS Puef4uncoage ur fws Iepgjo Pu Pu7aq fm SS3NLLIM _aures np pauMxa f{zlp Im aux aso3aq pagpal&ou: a= Aaql pue luaum4sur 2uto2=j agp polr=xa ognn pue at paquosap suns ad oqt aq o} ",Dt j ata o% `*aIo f4ndaa se mOlPirM zpuv-d pine `ssauotssu=OZ) f4uno33o pmog otp jo apULr!vgD se ` mbg o 'CI Tapd p=n ,ddr kUruosaad `sjuoui2ppj&ou3fov o3m o4,4unoo Pae anis s p sir pazuoW*e Alsip =gjo Tie `ara axojaq `f -EP sup tro TM AAIIUaa NERWaH I �i�ai3 �ndaQ VIP rajgogdrao:r paw unoa jo 31x. ` w5.21 faijj .papy rol �'. �r il_i! wr '# l o hep 3sIPaid put Passed i-fnp uo rtTosar age paw;oap uodnasagt aos adr!eqD agy 080 zzor ON NOIJ firlos3m iso vo�ca; flea sass ossa sso�Gvss :cit QdOfaAU3 4SMOO DocuSign Envelope 10: 9301 F063-8930.48 132-8378720A108E "'a To: Pauta.Scott@dotstate.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL CONTRACT INFORMATION contract: Coot -act Type: Method of Procurement. Vender Name - Vendor ID - Beginning Date of This Agreement, Ending Date of This Agreeinern- Contact TdtaliBudgetary Ceiling: Descnption: G2F91 12/27/2022 G2F91 GD - GRANT DISBURSEMENT (GRANT) G - GOVERMENTAL AGENCY (287.057,F.S.) INDIAN RIVER COUNTY BOCC F596000674006 0 111 5120 2 3 06/30/2025 ct = $364,412.00 FY2023 Section 5311 - Rural Operating - CRRSAA Fundirg FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 12/2712022 r cn Onginai fFeviewed rr 1ppr ve'_ APPROVED C3rgsrfzat6ri Cie. 55N2010429 Exr sen 4 - WWjj IIII AL Ch"e^, node 780000 r,.T- n -r 5364,412.00 Fis'aa! Prc . j407182 JJ 38401 ;,,E �Aerivit^ cFCT.. I?A 20.509 >= sc--' Tea=: Purim t ^,'ty: i; 2023 5510010C Cat cicategorp Y.4 Arent 101: a 088774!23 0001 oo User Assigned ID �Ecza�ttiL�6S)a'Stott..5' ?Ga1;04 Total Amount $364,412.00 Paget of 1 EXHIBIT C [From policy adopted by Indian River County Board of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities after Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year-end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid- October, since the Comptroller Division does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County.