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HomeMy WebLinkAboutExhibit 1STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-O8 PUBLIC TRANSPORTATION OM 1 Pep 1 of 14 Financial Project Number(s): (Item-seg ment-phase-sequence) 43098718401 Contract Number. AQW24 CFDA Number: N/A Fund: DPTO Function: 215 Federal Number: N/A DUNS Number: N/A FLAIR Category.: 086774 Object Code: 750012 Org.Code: 55062020629 Vendor No.: F596000375127 CSFA Number: 55.012 THIS AGREEMENT, made and entered Into this ' day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and CITY OF MIAMI 444 SW 2nd Avenue, Floor 8, Miami, FL 33130-1910 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before December 31, 2015 and this Agreement will expire uhless a time extension Is provided In accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the protect hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction Including the Implementation of an integrated and balanced transportation system and is authorized under Chapter 341.051 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement Is City of Miami - Provide State Public Transit Service Development Program funding for operating expenses for the Overtown/Allapattah Trolley along NW 20th Street and NW 14th Street to the south between NW 27th Avenue and the Metromover Omni Station. Eligible costs are limited to trolley operating expenses only. State participation rate is 50%. and as further described In Exhibits) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. ItsiQ 13-639 726-030-08 PUBLIC TRANSPORTATION 06/11 Page 2 of 14 2.00 Accomplishment of the Project 2,10 General Requirements: The Agency shall commence, and complete the protect as described In Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, In a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. `Y 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter Into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will Initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary Including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Subrnisslon of Proceedings, Contracts and other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed In Exhibit "C" attached hereto and by thls reference made a part hereof. 3.00 Protect Cost: The total estimated cost of the project is $ $700,000 . This amount is based upon the estimate summarized in Exhibit "B"-attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, Including contingencies, in the project In the amount of $ $350,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from. the effective date of thls agreement. It is understood that State participation in eligible project costs Is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program Year that the project Is scheduled to be committed; (b) Availability of funds as stated In Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding El is © Is not applicable. If applicable, the Department may Initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage 0 is © is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4,00 is to be held In retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725. 30-00 PUBLIC TRANSPORTATION 00111 Page 3of14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget Increase or decrease shall be effective unless It complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or protect phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final Invoice. 7.00 Accounting. Records: 7.10 Establishment and Maintenance of Accounting Records: The.Agency shall establish for the project, In conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "protect account". Documentation of the project account shall be made available to the Department upon :request any time during the period of the Agreement and for three years after final payment is made, 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department,'by.the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be.supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing In proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item.which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file In the office of the Agency stating In proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: .In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating Its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 725-030-0B PUBLIC TRANSPORTATION 06/11 Pape 4of14 7.61 Monitoring: In addition to reviews of audits conducted In accordance with OMB Circular A-133 and Section. 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may Include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional •instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any Inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state; local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $600,000 or more In Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted In accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining. the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed.ln Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided In Subpart C of OMB Circular A-133. 3, If the recipient expends less than the amount in Part 1, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, Is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entitles. 4. Federal awards are to be Identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part U State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $600,000 In any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year In accordance with Section 216.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended In its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not Include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed In Part II, Paragraph 1., the recipient shall ensure that the audit compiles with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entitles) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3.. If the recipient expends less than the amount in Part II, Paragraph 1., such audit Is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be Identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 726-030-06 PUBLIC TRANSPORTATION 06/11 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings Is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to protect records and audit work papers shall be given to the Department, the Department:Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.62 Part i of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: FDOT District Six- Intermodal Systems Development Office & FDOT District Six -Professional Services Office ATTN: Intermodal Systems Development Administrator ATTN: JPA Coordinator 1000 NW 111th Avenue, Rm. 6111 1000 NW 111th Avenue, Rm. 6202-B Miami, FL 33172-5800 Miami, FL 33172-5800 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass -through entities In accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part i of this Agreement and conducted in accordance with OMB Circular A-133 Is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: FDOT District Six- Intermodal Systems Development Office ATTN: Intermodal Systems Development Administrator 1000 NW 111th Avenue, Rm. 6111 Miami, FL 33172-5800 & FDOT District Six -Professional Services Office ATTN: JPA Coordinator 1000 NW 111th Avenue, Rm. 6202-B Miami, FL 33172-5800 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: FDOT District Six- Intermodal Systems Development Office & ATTN: Intermodal Systems Development Administrator 1000 NW 111th Avenue, Rm. 6111 Miami, FL 33172-5800 FDOT District Six -Professional Services Office ATTN: JPA Coordinator 1000 NW 111th Avenue, Rm. 6202-B Miami, FL 33172-5800 725-030-06 PUBLIC TRANSPORTATION 00/11 Page B of 14 3, Copies of financial reporting packages required by Section 7.62 Part 11 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: FE OT.DIstrict Six- Intemtodal Systems Development Office ATTN: Intermodat Systems Development Administrator 1000 NW 111th Avenue, Rm. 6111 Miami, FL 33172-5800 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 & FDOT District Six -Professional Services Office ATTN: JPA Coordinator 1000 NW 111th Avenue, Rm. 6202-B Miami, FL 33172-5800 4. Copies -of reports or the management letter required by Section 7.62 Part III of this. Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: FDOT District Six- Intermodal Systems Development Office ATTN: lntermodai Systems Development Administrator 1000 NW 111th Avenue, Rm. 6111 Miami, FL 33172-5800 & FDOT District Six -Professional Services Office ATTN: JPA Coordinator 1000 NW 111th Avenue, Rm. 6202-B Miami, FL 33172-5800 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reportingpackages to the Department for audits done In accordance with OMB Circular A-133 or Ch'apters 10.550 (local governmental entitles) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General,, should indicate the date that the reporting package was delivered to the Agency In correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report Is Issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working.papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report Is issued, unless extended in writing by the Department. 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 documents and records shall be furnished to the Department upon request. Records of costs Incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor andall 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. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, Including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action Is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725-030-06 PUBLIC TRANSPORTATION 06111 Page 7 of 14 7.65 insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the Toss of such equipment or facitifes, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement Is for purchase of land or for the construction of Infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Six Public Transportation Office 1000 NW 111th Avenue, Room 6111, Miami, , FL, 33172 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined In Paragraph 7.10 hereof) to Justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted indetall sufficient for a proper preaudit and postaudit thereof. 8.12 invoices for any travel expenses shall be submitted In accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired sold real property, and actual conslderation paid for real property. a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and proceduresrequired by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may eleot by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in Its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining.to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: _There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project, In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, Including any and all federal financial assistance as detalled in Exhibit "B." 725-030-06 PUBLIC TRANSPORTATION 06/11 Pape 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, •costs which are not provided for In the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion,' any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which It has with the Agency owing such amount If, upon demand, payment of the amount is not made within sixty (B0) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8,21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency Is rendered improbable, Infeasible, Impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension Yiotice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as Is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out In conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this,Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance In the project account. 11.00 Audit and inspection: The Agency shall permit, and shall require Its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department 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. 728-030-98 PUBLIC TRANSPORTATION 08/11 Page 9of14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties, hereto that participation by the Department In a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, Is contingent on the Agency complying in full with provisions of Chapter 287, F.S,, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection 'has been. accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined In 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement..In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination In the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, Is Incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out Its terms shall be treated as a violation of this agreement. Upon notification to the recipient of Its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U,S,C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any protect, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall Insert the foregoing provision modified only to show the particular contractual relationship in all its contracts In connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for Standard cornmerdial supplies or raw rnaterials. When the project involves installation, construction, demolition, removal, site Improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. ' 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIIi - Civil Rights Act of 1968; Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 726-03D•06 PUBUC TRANSPORTATION OS/11 • Page 10 of 14 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be Included.in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's,. director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material Interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project,. with any person or entity who was represented before the Agency by any person who at any time during the Immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and Its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability In the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the partof the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way Impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement Is held Invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the.purpose of obtaining an approval of its application for the financing hereunder. 14.80 State or Territorial Law: Nothing In the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other actor do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable'State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 725-030-06 PUBLIC TRANSPORTATION 06111 Page 11.0114 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities. and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of sald facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities -or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount 'shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided 1h this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, Toss, damage,. cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, Its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost; charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, Or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will Immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Departrnent and the Agency will each pay Its own expenses for the evaluation, settlement negotiations, and trial, if any. However, If only one party participates in the defense of the claim at trial, that party Is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any . remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph ,. 8.23. 16.00 Protect Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title Is in the Agency and that the project Is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by theLegislature. 725-030-08 PUBLIC TRANSPORTATION 08111 Page 12 of 14 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms involves the expenditure of money In excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made In violation of this subsection Is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim In all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a.term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2015 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be Initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 19.00 Agreement Format: All words used herein in the singular form shall extend to and Include the plural. All words used;ip. the plural form shall extend to and include the singular. Ali words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency,to any person for Influencing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan orcooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for Influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included In the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract 'may be expended for lobbying the Legislature or a state agency. 726-0304B PUBLIC TRANSPORTATION g8111 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document Identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to Inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the,invoice Is received or the goods or services are received, inspected and approved. if a payment is not available within 40 days after receipt of the Invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency, The Interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than -one (1) dollar will not be enforced unless the Agency requests psjyment. Invoices which have to be returned to an Agency because of vendor preparation errors will result In a delay In the payment. The Invoice payment requirements do not startuntil a properly completed invoice is provided to the Department, A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems In obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor Iist following a conviction fir 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 blds on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25.00 E-Verlfy Vendors/Contractors: 1.. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verlfy system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 726-060-06 PUBLIC TRANSPORTATION 06111 Page 14 of 14 • Financial Project No(s).43098718401 Contract No. AQW24 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT CITY OF MIAMI See attached Encumbrance Form for date of Funding Approval by Comptroller AGENCY NAME SIGNATORY (PRINTED OR TYPED) ' ' SIGNATURE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development - D6 TITLE TITLE FINANCIAL PROJECT NO. 43098718401 CSFA NO. 55.012 CONTRACT NO. AQW24 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an Integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and City Of Miami 444 SW 2nd Avenue, Floor 8, Miami, FL 33130 dated PROJECT LOCATION: Miami -Dade County, Florida PROJECT DESCRIPTION:. Provides Transit Service Development funding for the operation of the Overtown/Allapattah Trolley service along NW 20th Street and NW 14th Street between NW 27th Avenue and the Metromover Omni Station. Department participation rate is 50%. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in Paragraph 7.60 of the Agreement (see Exhibit "D") shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt.and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: None 17, FINANCIAL PROJECT NO. 43098718401 CSFA 55.012 CONTRACT NO. AQW24 EXHIBIT 'B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and Citv of Miami 444 SW 2nd Avenue, Floor 8, Miami, FL 33130 dated PROJECT COST: Overtown/AAapattah Trolley Operating Assistance $700,000 TOTAL PROJECTCOSTt $700,000 II, PARTICIPATION: Maximum Federal Participation FTA, FAA (0%) $0 Agency Participation In -Kind Cash (50%) $350,000 Other Maximum Department Participation, Primary (DS)(DDR)(DPTO)(PORT)(CIGP) . (50%) or $350,000 Federal Reimbursable (SU)(CM)(DFTA) (0%) or $0 Local Reimbursable (DL) (0%) or $0 TOTAL PROJECT COST $700,000 Financial Project No. 43098718401 CSFA No. 55.012 Contract No. AQW24 EXHIBIT "C" (GENERAL — with Safety Requirements) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida Department of Transportation and City of Miami 444 SW 2"d Avenue, Floor 8, Miami, FL 33130 dated. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and .the Department shall have on file, an annual safety certlfication that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule Chapter 14-15.0.17. Fixed Guideway System - (new) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan 'pursuant to Rule Chapter 14-15.017. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. Program Funding and Project Requirements This project shall be conducted in accordance with the procedure for the Department's Service Development Program and with all applicable State of Florida Statutes. The Department may provide up to three years of assistance once the project begins. State participation rate Is 50% of eligible project expenses. Department funding is provided solely for direct service provision by Agency or a private contractor. Eligible reimbursable expenses are limited to bus operations and maintenance only, except for marketing materials not to exceed 10% of the contract amount. No other costs incurred by the Agency shall be reimbursed. Planning and capital purchase costs are specifically ineligible. Purchasing, Payments & Reporting Requirements Funds encumbered for this contract will be forfeited if not expended by March 31 of the fifth fiscal year following the fiscal year of encumbrance. Forfeiture of said funds may further- result in termination or voidance of the contract, The Agency shall obtain prior written concurrence from the Department for any third party purchases exceeding $10,000. Failure to obtain concurrence may result in non- payment by the Department. The Agency must submit an invoice to the Department no later than one hundred and twenty days (120) after the period of services covered by said invoice. Failure to submit invoices in a timely mannermay result in non-payment by the Department. The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement Invoices submitted after the 120 day time period will not be paid. Agency shall submit quarterly progress reports on this project to the Department. Reports shall address ridership and progress to achieving project goals and objectives. Failure to submit progress reports may delay payment of invoices by the Department. At least one site visit will be conducted annually by the District Public Transportation Office to observe project progress. A final report on the project shall be completed and submitted to the. District Office. This report will address the success of the project in meeting the criteria established at the beginning of the project and the decision to continue or not continue the project. The final report must be completed and accepted by the District Office before final payment will be processed. The Agency shall provide the Department with ten (10) complete copies of the final report. The Agency's Service Development Program Project Proposal is included as part of this Agreement by reference. Other Requirements The Goals and Criteria for Success, and service route for this project are Incorporated by reference and listed in "Attachment 1' ; EXHIBIT D 725-030-06 PUBLIC TRANSPORTATION 04/06 Financial Project No. 43098718401 Contract No. AQW24 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner es shown here: • :`(e,g., Eligibility requirements for recipients of the resources) (Etc...). NOTE: Instead of listing the specific compliance, requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES N/A STATE RESOURCES State Agency Catalog of State Financial. Assistance (Number &Title) Amount FDOT 55.012 Public Transit Service Development Program $350,000 Compliance Requirements In developing audit procedures to test compliance with the requirements for a state project, the auditor "should first look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details of the requirements. Allowed Activities Public Transportation Service Development Projects specifically Include projects Involving the use of new technologies, services, routes, or vehicle frequencies, the purchase of special transportation services, and other such techniques for increasing service to the riding public as are applicable to specific localities and transit groups. (FDOT Procedure Topic Number 725-030-005-e) Projects Involving the application of new technologies or methods for Improving operations, maintenance, and marketing in public transit systems can be funded through the Public Transportation Service Development Program, (FDOT Procedure Topic Number 725-030-005-e) Allowable Cost Public Transportation Service Development Project funds are selectively applied in the following functional areas and subject to specified times of duration: 1) Improving system operations, including, but not limited to, realigning route structures, increasing system average speed, decreasing deadhead mileage, expanding area • coverage, and improving schedule adherence, for a period up to 3 years; • 2)•Improving system maintenance procedures, including, but not limited to, effective preventive maintenance programs, Improved mechanics training programs, decreasing EXHIBIT D 725-030-08 PUBLIC TRANSPORTATION 04/08 service repair calls, decreasing parts inventory requirements, and decreasing equipment downtime, for a period of up to 3 years; 3) Improving marketing and consumer information programs, Including, but not limited to, automated information services, organized advertising and promotion programs, and signing of designated stops, for a period of up to 2 years; and 4) Improving technology involved in overall operations, Including, but not limited to, transit equipment, fare collection techniques, electronic data processing applications, and bus locators, for a period of up to 2 years. (Section 341.051(5)(b)3(f), Florida Statutes) Cash Management N/A Eligibility Public agencies providing or implementing public transit services directly or through contractual agreements are considered eligible recipients. Eligible capital costs are costs that would be determined as capital costs by the Federal Transit Administration. Eligible net operating costs are all operating costs of the project less any federal funds, fares, or other sources of income to the project. (FDOT Procedure Topic Number 725-030-005-e) Matching FDOT is authorized to fund up to 50 percent of the capital and net operating costs of Transit Service Development Projects that are local in scope and that will improve system efficiencies, ridership, or revenue. (Section 341.051(5)(f), Florida Statutes) The Department Is authorized to fund up to 100 percent of the capital and net operating cost of statewide transit service development projects. (Section 341.051(5)(e), Florida Statutes) NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included In this exhibit be provided to the recipient Colmenares, Lisa From: The job FI989NDR Sent: Tuesday, January 22, 2013 2:47 PM To: Colmenares, Lisa Subject: FUNDS APPROVAL/REVIEWED FOR CONTRACT AQW24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #AQW24 Contract Type: Vendor Name: CITY OF MIAMI CI Vendor ID: VF596000375127 Beginning date of this Agmt: 01/18/13 Ending date of this Agmt: .06/30/16 Method of Procurement: ************************************************************************ ORG-CODE *ED *OBJECT *AMOUNT. *FIN PROJECT *FCT *CFDA (FISCAL YEAR). • *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ****************************************************************.*.******* Action: ORIGINAL Funds have been: APPROVED 55 062020629 *PT *750012 * 350000.00 *43098718401 *215 * 2013 *55100100 *088774/13 0001. *00 * *0001/04 . TOTAL AMOUNT: 350,000.00 * FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 01/22/2013 Please provide us your feedback on the Contract Funds Management System. A survey is available at the following link: http://cosharepoint.dot.state.fl,uslsites/00C/FMO/CFM/default.aspx under the Surveys'tali. Thank you in advance for your times Attachment 1 • FM 43098718401 e- Contract No. AQW24 CSFA No. 55.012 — Page 1 of 4 MOT DISTRICT SIX,- Public Transportation Office SERVICE DEVELOPMENT PROJECT PROPOSAL FORM- State Fiscal Year: 2012 Agency: • City of Miami l'1'roiect Type: The purpose of the protect Is to enhance mobility and connections to existing transit facilities in the Cgrai Way and Overtown/Allapattah communities. The City of Miami is proposing two (2) trolley routes for these communities: the Coral Way Trolley route and the Overtown/Allapattah Trolley route. Both of these trolley routes will connect to the Health District and Brickell/Biscayne Trolley routes which are anticipated to commence operation in Fall/Winter 2011. Please refer to attached document: Coral Way and Overtown/Allapattah Trolley Feasibility Study prepared as supporting documentation to this grant application. Project Location: The project is located in the Coral Way and Overtown/Allapattah areas within the City of Miami. Please refer to attached document: Coral Way and Overtown/Allapattah Trolley Feasibility Study for a map of the proposed routes. Project Initiation/CoMpletion Dates: The proposed Coral Way and Overtown/Allapattah trolley routes are anticipated to be initiated in 2012 subsequent to the delivery and acceptance of sixteen (16) Classic American Trolleys being purchased through Miami -Dade Transit (MDT) with funds provided by the American Recovery and Reinvestment Act (ARRA). Prolect Ubiectives: • Provide enhanced mobility in the Coral Way and Overtown/Allapattah communities. • Providea connection between Overtown/Allapattah communities, the Health District Trolley, Omni Metromover station, and the Brickell/Biscayne Trolley. • Provide a connection between the high density Coral Way and Brickell commercial areas. • Augment the existing Miami -Dade Transit system by providing a circulator service which is focused on local service and provides connections to the regional system. • Promote an efficient and sustainable form of public transportation for the Coral Way and Overtown/Allapattah areas and reduce auto -dependency. • improve mobility and transit connectivity in the region and reduce auto dependency. Improve the level of service on primary arterials currently experiencing high congestion levels. Operational Responsibilities: The City is in the process of procuring a vendor to operate and maintain the Miami Trolley System. The Coral Way and Overtown/Allapattah Trolley routes are considered additional routes in the operating agreerrientto be Implemented at the City's discretion once funding for the operations and maintenance of the routes has been secured. The anticipated operational characteristics include the following: • Route/ Operating Characteristic Coral Way Route • Overtown/Allapattah Route Hours of Operation Headway Criteria Criteria for Success: • 6:30 am-7:6. 0 pm • Monday -Saturday 10 min (peaki,/ 20 min (off- : Peak) 10 min (peak) / 20 min (off-peak) Page 2 of 4 The contract with the operator will include performance measures to evaluate and ensure the success of the proposed trolley routes and service plan. Some of the criteria for success include the following: • Actual daily ridership figures. • On -time performance (based on service schedule and scheduled headways), • Advertising revenues. • Number of customer complaints and how promptly and satisfactorily complaints are. addressed. • image and cleanliness of the trolley buses (Interior and exterior). Project Budget; The City is requesting funding for 50% of the total estimated annual operating cost. The annual operating cost is based on the anticipated service revenue hours and anticipated hourly operating rate of the trolley.operator.:The significance of the project Is to improve mobility and transit connectivity in the region and reduce auto dependency and Improve the level of service on corridors currently experiencing high congestion levels. The table below presents the project budget and the amount representing the State's.50% share. Cost Item total Annual Operating Cost Revenues and Federal 'Funds Net Annual Operating Cost State -Share Potentia I Annual Operating Expenses: Coral Way Route $450,000 NA $450,000 • $225,000 Overtown/Allapattah Route $700,000 NA $700,000 $350,000 Total•. $1,150,000_ NA _ • $1,150,000 $575,000 Page 3 of 4 Benefit to Other Transit Systems: The benefits of the Coral Way and Overtown/Allapattah Trolley routes to other transit systems are the following: Provides connection to existing Metrorall/Metromover services. 4 Augments existing MDT bus routes and ridership by providing a local circulator service that feeds the existing bus and rail service. Transportation Development Plan (TDP): The City has no formal TDP document; however, pursuant to a Resolution of the Miami City Commission adopted unanimously on April 28, 2011(attached), City Commission formally endorsed the Miami Trolley Program consisting of 4 inter -connected trolley routes (including the Coral Way and Overtown/Allapattah Trolley routes). In addition, several technical studies and a modeling analysis have been recently completed which document the feasibility of the Coral Way and Overtown/Allapattah Trolleys. Please refer to the attached document Coral Way and Overtown/Allapattah Trolley Feasibility Study. if Aaencv Has No Transportation Development Plan: Please refer to the attached Resolution of the Miami City Commission and the document: Coral Way and Overtown/Allapattah Trolley Feasibility Study. Service Plan and Marketing Sub -Elements: The City of Miami conducted preliminary public outreach efforts for the Coral Way and Overtown/Allapattah Trolley routes In 2009. The outcome of those efforts clearly shows public support •for the proposed trolley routes. The results of electronic and hand-written surveys are documented in the attached report: Coral Way and Overtown/Allapattah Trolley Feasibility Study. Additional public outreach efforts are underway to finalize the proposed hours of operation, headways, and stop locations for the two routes. The City is developing a marketing campaign through partnerships with South Florida Commuter Services, Neighborhood Enhancement Team (NET) Offices, and stakeholders along the routes to assist with the marketing strategies. Marketing strategies will include production of trolley route maps, brochures, and banners, creating a "brand" and logo for the trolleys, public service announcements on electronic billboards.and bus shelters located throughout the City, and utilizing City Channel 77, the City's website, and other social networks to market the proposed routes. Please refer to the attached document: Coral Way and Overtown/Allapattah Trolley Feasibility Study for more information on this sub -element. Service Development Form