HomeMy Public PortalAbout2023-50 Confirming the Village's ability to fund and support the permitting, design, construction and monitoring of the Village's Beach Renourishment ProjectRE SOLUTION NO. 2023-52
A RE SOLUTION OF THE VILLAGE COUN CIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A
FLORIDA DEPARTM ENT OF TRA NSPORTATION (FDOT)
PUBLIC TRA NSIT SERVICE DEVELOPM ENT PROGRA M
GRA NT IN AN AM OUNT OF $166,679 TO EXPAND THE
VILLAGE'S ON-DEM AND TRA NSIT SERVICE AND
APPROVING AN AGREEM ENT RE LATED TO THE SAME;
PROVIDING FOR AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
W HERE AS, on June 6, 2023, the Village of Key Biscayne ("Village") selected BeeFree,
LLC d/b/a FreeBee ("FreeBee") for the provision of on-demand transit services in the Village
(the "Services") pursuant to Request for Proposal No. 2023-02 and authorized the Village Manager
to negotiate and execute an agreement with FreeBee; and
W HERE AS, the Florida Department of Transportation ("FDOT") has awarded the Village
a Public Transit Service Development Program Grant ("Grant") in the amount of $166,679 to
expand the Services offered by the Village through FreeBee, which the Village will match using
$166,679 in Citizens Independent Transportation Trust (CITT) surtax proceeds; and
WHERE AS, the Village desires to accept the Grant from FDOT and enter into a Grant
agreement, in substantially the form attached hereto as Exhibit "A" (the "Agreement"); and
WHERE AS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THERE FORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
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Section 2. Acceptance and Approval. That the Village Council hereby accepts the
Grant in an amount of$166,679 from FDOT and approves the Agreement in substantially the form
attached hereto as Exhibit "A."
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to execute the Agreement, in substantially the form attached hereto as Exhibit "A,"
subject to the Village Attorney's approval as to form, content, and legal sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 29th day of __ ...... A=u=g=us=t----~· 2023.
JOE I. RASCO, MAYOR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A TI O N
PUBLIC TRANSPORTATION
GRA NT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
Financial Project Number(s): Fund(s): DPTO FLAIR Category:
(item-segment-phase-sequence) _
_ 45_2_0_6_7-_1_-8_4_-0_1 Work Activity Code/Function: _2_1 _5 Object Code:
___________ Federal Number/Federal Award Org. Code:
___________ Identification Number (FAIN) - Transit only: _N_/A Vendor Number:
_G_2M_87__ Federal Award Date: N/A
_N/_A Agency SAM/UEI Number: N/A
N/A
Contract Number:
CFDA Number:
CFDA Title:
CSFA Number:
CSFA Title:
088774
751000
55062020629
F650291811001
55.012
Public Transit Service Development Program
THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into
-------------~ by and between the State of Florida, Department of Transportation,
("Department"), and Village of Key Biscayne , ("Agency"). The Department and the Agency are sometimes
referred to in this Agreement as a "Party" and collectively as the "Parties."
NOW , THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the
Project, the Parties agree to the following:
1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached
as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to
execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051,
Florida Statutes, to enter into this Agreement.
2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation
in Village of Key Biscayne will provide an expanded on-demand transit service by adding three (3) more
vehicles, 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
lntermodal
Rail Crossing Closure
Match to Direct Federal Funding (Aviation or Transit)
(Note: Section 15 and Exhibit G do not apply to federally matched funding)
Other
4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:
X Exhibit A: Project Description and Responsibilities
X Exhibit B: Schedule of Financial Assistance
*Exhibit B1: Deferred Reimbursement Financial Provisions
*Exhibit B2: Advance Payment Financial Provisions
*Exhibit B3: Alternative Advanced Pay (Transit Bus Program)
*Exhibit C: Terms and Conditions of Construction
X Exhibit D: Agency Resolution
X Exhibit E: Program Specific Terms and Conditions
X Exhibit F: Contract Payment Requirements
X *Exhibit G: Audit Requirements for Awards of State Financial Assistance
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STATE OF FLORIDA DEPARTMENT OF TRA NSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 412512023
*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 otherw ise, 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, 2024. 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.
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S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRA NT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
9. P rojec t C o s t:
a. The estimated total cost of the Project is $333,358. This amount is based upon Exh ib it "B ",
S c h ed u le of Fina n c ia l A ss is tanc e . The timeline for deliverables and distribution of estimated
amounts between deliverables within a grant phase, as outlined in Exhib it "B ", S c h e d u le of
F in a n c ia l A s s istan ce , may be modified by mutual written agreement of the Parties and does
not require execution of an A m e nd m ent to the Pu b lic T ransp o rt atio n G ra nt A g reem ent.
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
$166,679 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 Exhib it "B ", S che d u le of
Fin a n c ia l A s s istan ce . 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 . C o m p e n s atio n an d Pay m e nt:
a. Elig ib le C o st. The Department shall reimburse the Agency for allowable costs incurred as
described in Ex hib it "A ", Proje ct D esc riptio n and R es p o nsib ilitie s , and as set forth in
Ex h ib it "B ", S c hed u le of Fin a nc ia l A ss istanc e.
b. D e liv e ra b le s . 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
Ex h ib it "A ", Proje ct D e sc rip tio n and R espo nsib ilitie s. Modifications to the deliverables in
Ex h ib it "A ", Proje ct D e sc rip ti o n and R es po nsib ilitie s requires a formal written
amendment.
c. In v o ic in g . 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 Exh ib it "A ", Project D e sc rip tio n and
R es p o n s ib iliti e s. 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 . S u p p o rt in g D o c um e ntatio n . 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 Ex h ib it "A ", Proje ct D e sc rip tio n and
R es p o n s ib ili ti es 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 Ex hib it "F ", C o ntract Pay m ent R eq u irem ents.
e. T rav e l Ex pe ns es . The selected provision below is controlling regarding travel expenses:
~ 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,
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STATE OF FLO R IDA DEPA R TM ENT OF TRA NSPO RTA TIO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
Florida Statutes, and the most current version of the Department's Disbursement Handbook
for Employees and Managers.
f. Financial Consequences. Payment shall be made only after receipt and approval of
deliverables and costs incurred unless advance payments are authorized by the Chief
Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the
Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department
determines that the performance of the Agency is unsatisfactory, the Department shall notify
the Agency of the deficiency to be corrected, which correction shall be made within a time
frame to be specified by the Department. The Agency shall, within thirty (30) days after notice
from the Department, provide the Department with a corrective action plan describing how the
Agency will address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or contract non
compliance. If the corrective action plan is unacceptable to the Department, the Agency will
not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the
Department for the amount that was previously not reimbursed during the next billing period. If
the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the
Agreement's term.
g. Invoice Processing. An Agency receiving financial assistance from the Department should
be aware of the following time frames. Inspection or verification and approval of deliverables
shall take no longer than 20 days from the Department's receipt of the invoice. The
Department has 20 days to deliver a request for payment (voucher) to the Department of
Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the deliverables are received, inspected or verified, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established
pursuant to Section 55.03(1 ), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be
enforced unless the Agency requests payment. Invoices that have to be returned to an Agency
because of Agency preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for Agency who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516.
h. Records Retention. The Agency shall maintain an accounting system or separate accounts
to ensure funds and projects are tracked separately. Records of costs incurred under the terms
of this Agreement shall be maintained and made available upon request to the Department at
all times during the period of this Agreement and for five years after final payment is made.
Copies of these records shall be furnished to the Department upon request. Records of costs
incurred include the Agency's general accounting records and the Project records, together
with supporting documents and records, of the Contractor and all subcontractors performing
work on the Project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the
Department in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its request, as to the
status of the Project and of details thereof.
j. Submission of Other Documents. The Agency shall submit to the Department such data,
reports, records, contracts, and other documents relating to the Project as the Department
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S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
m a y requ ire as listed in Ex h ib it "E ", Pro g ram S p e c ifi c T erm s and C o nd itio ns attached to
and inco rpo rated into this A gree m e nt.
k. O ff sets fo r C la im s . If, aft e r Proje ct co m pletion, any claim is m a de by the D e pa rt m ent resulting
fro m an aud it or for w ork or se rv ices pe rf orm e d pursuant to this A gree m e nt, the D epartm ent
m a y off se t such am o unt fro m paym e nts due fo r w o rk or se rv ices done und er any agreem ent
that it ha s w ith the A ge ncy ow ing such am ount if, upon w ritt e n de m a nd, pa ym ent of the am ount
is not m a de w ithin 60 da ys to the D e pa rt m e nt. O ff sett ing any am o unt pursua nt to this
pa ragraph sha ll no t be co nside red a breach of co ntract by the D e pa rt m ent.
I. Fin a l In v o ic e . T he A ge ncy m ust sub m it the fina l invoice on the Proje ct to the D e part m ent
w ithin 12 0 da ys aft er the co m pletio n of the Proje ct. Invoices sub m itt ed aft e r the 12 0 -day tim e
pe rio d m ay not be pa id .
m . D e p a rt m e nt's Pe rf o rm a nc e and Pay m ent C o nting ent U p o n A n n u al A p p ro p riati o n by the
L eg is latu re . T he D e pa rt m e nt's pe rform a nce and obligatio n to pay und er this A gree m ent is
co ntinge nt upo n an annua l appropriatio n by the Legislature. If the D e part m ent's funding for
this Proje ct is in m u ltip le fiscal years, a no tice of availa bility of funds fr om the D epa rt m ent's
proje ct m a na ge r m ust be received prior to co sts be ing incurred by the A gency. See Exhib it
"B ", Sc h e d u le of Fin a nc ia l A s sis tanc e fo r funding leve ls by fisca l yea r. Project costs
utilizing any fisca l ye ar funds are not elig ib le fo r re im b urse m e nt if incurr ed prior to funds
approval be ing rece ived. T he D e pa rt m e nt w ill notify the A gency, in w riting , w hen funds are
availa ble .
n. Li m its o n C o ntracts Ex ce ed in g $25,00 0 and T e rm m o re than 1 Y ea r. In the event this
A gree m e nt is in excess of $2 5,0 00 and ha s a te rm fo r a perio d of m ore than one year, the
provisio ns of Se ctio n 33 9.13 5(6 )(a), Florida Statute s, are hereby inco rporated :
"T he D e pa rt m e nt, during any fisca l yea r, sha ll not expend m one y, incur any
lia bility, or enter into any co ntract w hich, by its te rm s, involves the expend iture
of m o ne y in excess of the am o unts budge ted as available fo r expend iture
during such fisca l ye ar. A ny co ntract, ve rba l or w ritt en, m ad e in vio la tio n of
this sub sectio n is null and vo id , and no m o ne y m ay be pa id on such co ntract.
T he D e pa rt m e nt sha ll require a statem ent fr om the co m ptro ller of the
D e pa rt m e nt tha t funds are ava ila b le prio r to ente ring into any such contract
or othe r bind ing co m m itm e nt of fund s. N othing here in co ntaine d shall prevent
the m aking of co ntracts fo r pe rio d s exceed ing 1 year, but any co ntract so
m a de sha ll be executory only for the value of the se rv ices to be rendered or
ag reed to be pa id fo r in succeeding fisca l ye a rs; and this pa ragraph shall be
inco rpo rated ve rba tim in all co ntracts of the D epa rt m e nt w hich are fo r an
am o unt in exce ss of $25 ,0 00 and w hich ha ve a term fo r a perio d of m o re tha n
1 ye a r."
o . A g e n cy O b li g a tio n to R efun d D e p a rt m e nt. A ny Proje ct funds m a de ava ila ble by the
D e pa rt m e nt pursua nt to this A gree m e nt tha t are dete rm ined by the D epa rt m ent to have been
expe nd ed by the A ge ncy in vio latio n of this A greem e nt or any other app lica ble law or
regulatio n sha ll be pro m ptly refund ed in full to the D epa rt m e nt. A cce pta nce by the D e part m ent
of any do cum e ntatio n or ce rt ificatio ns, m a nda tory or otherw ise pe rm itt ed , tha t the A ge ncy fil es
sha ll not co nstitute a w a ive r of the D e pa rt m ent's rig hts as the funding agency to verify all
info rm atio n at a late r date by audit or investig ation.
p. N o n -E lig ib le C o sts . In dete rm ining the am o unt of the paym ent, the D e part m ent w ill exclude
all Project co sts incurred by the A ge ncy prior to the executio n of this A g reem ent, co sts incurred
aft e r the expiratio n of the A gree m e nt, costs tha t are no t provide d for in Exhib it "A ", Project
D esc rip tio n and R es po ns ib ilitie s , and as set fort h in Ex hib it "B ", S che d u le of Fin ancial
A ss istan c e , co sts ag ree d to be bo rn e by the A gency or its co ntracto rs and subco ntractors fo r
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STATE OF FLOR IDA DEPAR TM ENT OF TRA NSPOR TATIO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
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:
i. Require the construction work of the Project that is on the Department's right-of-way
to be performed by a Department prequalified contractor, or
ii. Construct the Project utilizing existing Agency employees, if the Agency can
complete said Project within the time frame set forth in this Agreement.
d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any
phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs
(this excludes general overhead).
e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs:
Reimbursement for Indirect Program Expenses (select one):
i. _ Agency has selected to seek reimbursement from the Department for actual indirect
expenses (no rate).
ii. _ Agency has selected to apply a de minim us 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.
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S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRA NT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
g . C la im s and R eq u ests fo r A d d itio na l W o rk. 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 . C o ntracts of the A g e ncy :
a. A p p ro v al of T hird Pa rt y C o ntracts. 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. Pro c u re m e nt of C o m m o d itie s o r C o ntractua l Serv ic es. 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 Exh ib it
"B ", S c h e d u le of Fin a nc ia l A ss is tanc e, or that is not consistent with the Project description
and scope of services contained in Exhib it "A ", Proje ct D es crip ti o n and R esp o nsib ilities
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. C o n s u lta nts ' C o m petitiv e N e g o ti a tio n A ct. 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 . D is a d v a ntag e d B us in e ss Ente rp ris e (D B E ) Po licy an d O b lig a ti o n . 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
STATE OF FLO RID A DEPAR TM ENT OF TRA NSPO RTATIO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities
then the following provisions are incorporated into this Agreement:
a. The Agency agrees to accept all future maintenance and other attendant costs occurring after
completion of the Project for all improvements constructed or commodities acquired as part of
the Project. The terms of this provision shall survive the termination of this Agreement.
14. Sale, Transfer, or Disposal of Department-funded Property:
a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other
interests in real property, facilities, or equipment funded in any part by the Department under
this Agreement without prior written approval by the Department.
b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real
property, facilities, or equipment is approved by the Department, the following provisions will
apply:
i. The Agency shall reimburse the Department a proportional amount of the proceeds
of the sale of any Department-funded property.
ii. The proportional amount shall be determined on the basis of the ratio of the
Department funding of the development or acquisition of the property multiplied
against the sale amount, and shall be remitted to the Department within ninety (90)
days of closing of sale.
iii. Sale of property developed or acquired with Department funds shall be at market
value as determined by appraisal or public bidding process, and the contract and
process for sale must be approved in advance by the Department.
iv. If any portion of the proceeds from the sale to the Agency are non-cash
considerations, reimbursement to the Department shall include a proportional
amount based on the value of the non-cash considerations.
c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement.
i. The terms shall remain in full force and effect throughout the useful life of facilities
developed, equipment acquired, or Project items installed within a facility, but shall
not exceed twenty (20) years from the effective date of this Agreement.
ii. There shall be no limit on the duration of the terms with respect to real property
acquired with Department funds.
15. Single Audit. The administration of Federal or State resources awarded through the Department to the
Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional
audits or evaluations of Federal awards or State financial assistance or limit the authority of any state
agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall
comply with all audit and audit reporting requirements as specified below.
Federal Funded:
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -
Audit Requirements, monitoring procedures may include but not be limited to on-site visits by
Department staff and/or other procedures, including reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions
on weaknesses found through audits when those findings pertain to Federal awards provided
Page 8 of 22
S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
through the Department by this Agreement. By entering into this Agreement, the Agency
agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO), or State of Florida Auditor General.
b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F - Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through this
Agreement, is subject to the following requirements:
i. In the event the Agency expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F - Audit
Requirements, the Agency must have a Federal single or program-specific audit
conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200,
Subpart F -Audit Requirements. Exhibit "H", Audit Requirements for Awards of
Federal Financial Assistance, to this Agreement provides the required Federal
award identification information needed by the Agency to further comply with the
requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining
Federal awards expended in a fiscal year, the Agency must consider all sources of
Federal awards based on when the activity related to the Federal award occurs,
including the Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An
audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the
requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F -
Audit Requirements.
iii. In the event the Agency expends less than the threshold established by 2 CFR Part
200, Subpart F - Audit Requirements, in Federal awards, the Agency is exempt from
Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the
Agency's audit period for each applicable audit yeas. tn 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.censl!Js.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 tine end of the audit perioc;
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 FDOT.SingleA1:Jdit@d0t'.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
STATE OF FLO R IDA DEPA RTM ENT OF TRA NSPORTATIO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an
audit conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements,
the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing
additional conditions, the Department may take appropriate actions to enforce
compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Agency or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R.
Part 180 and Federal awarding agency regulations (or in the case of the
Department, recommend such a proceeding be initiated by the Federal
awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the Agency shall permit the Department
or its designee, the CFO, or State of Florida Auditor General access to the Agency's
records, including financial statements, the independent auditor's working papers, and
project records as necessary. Records related to unresolved audit findings, appeals,
or litigation shall be retained until the action is complete or the dispute is resolved.
vii. Th e Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FD>OifSingleAudit@ddt.state.fl:US
State Funded:
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes,
monitoring procedures to monitor the Agency's use of state financial assistance may include
but not be limited to on-site visits by Department staff and/or other procedures, including
reviewing any required performance and financial reports, following up, ensuring corrective
action, and issuing management decisions on weaknesses found through audits when those
findings pertain to state financial assistance awarded through the Department by this
Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully
with any monitoring procedures/processes deemed appropriate by the Department. The
Agency further agrees to comply and cooperate with any inspections, reviews, investigations,
or audits deemed necessary by the Department, the Department of Financial Services (DFS),
or State of Florida Auditor General.
b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient
of state financial assistance awarded by the Department through this Agreement, is subject to
the following requirements:
i. In the event the Agency meets the audit threshold requirements established by
Section 215.97, Florida Statutes, the Agency must have a1 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
S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
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@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 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@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@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
STATE OF FLO RID A DEPA RTM ENT OF TRA NSPORTATIO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
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:
a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids on leases
of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity
or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to provide goods or
services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of
Qualification suspended, revoked, denied, or have further been determined by the Department
to be a non-responsible contractor, may not submit a bid or perform work for the construction
or repair of a public building or public work on a contract with the Agency.
Page 12 of 22
S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
d. Prohibition on Using Funds for Lobbying. N o fund s rece ived pursua nt to this A greem ent
m ay be expe nd ed for lo bbying the F lo rida Legislature , jud icial branch, or any state agency, in
acco rda nce w ith Se ctio n 216 .347 , F lo rida Statutes.
e. Unauthorized Aliens. T he D e pa rt m e nt sha ll co nsider the em p loym e nt by any co ntractor of
una utho rize d alie ns a vio la tio n of Sectio n 274A (e ) of the Im m ig ratio n and N a tionality A ct. If
the co ntractor know ing ly em p lo ys una utho rize d aliens, such violatio n w ill be ca use for
un ilate ra l ca nce llatio n of this A greem e nt.
f. Procurement of Construction Services. If the Project is procured pursuant to C ha pter 255,
Flo rida Statutes, for co nstructio n se rv ices and at the tim e of the co m petitive so licitation fo r the
Proje ct, 50 pe rce nt or m o re of the cost of the Proje ct is to be pa id fr om state -a pp ro priated
funds, the n the A ge ncy m ust com ply w ith the req uirem ents of Se ction 25 5 .0 9 9 1, Florida
Statutes.
g. E-Verify. T he A ge ncy sha ll:
i. U tilize the U .S . D e pa rt m e nt of H om ela nd S e curity's E-V erify syste m to ve rify the
em p loym e nt elig ibility of all new em p loyee s hired by the A ge ncy during the te rm of the
co ntract; and
ii. Exp ressly req u ire any sub contractors pe rf orm ing w o rk or providing serv ices pursuant
to the state co ntract to likew ise utilize the U .S . D e pa rt m ent of H o m e la nd Se curity's E
V e rify syste m to ve rify the em ploym ent elig ibility of all new em plo yee s hired by the
sub contracto r during the co ntract te rm .
h. Executive Order 20-44 . P ursua nt to G ove rn or's Executive O rde r 20 -44 , if the A gency is
required by the Inte rn a l R eve nue C o de to fil e IR S F o rm 990 and is na m ed in statute w ith w hich
the D e pa rt m e nt m ust fo rm a so le -so urce, public-private agree m e nt; or throug h contract or
othe r agree m e nt w ith the State, ann ua lly rece ives 50% or m ore of its budge t fro m the State or
from a co m b inatio n of State and F e deral funds, R e cip ient shall sub m it an A nnual R eport to
the D e pa rt m e nt, includ ing the m o st recent IR S F o rm 99 0 , deta iling the total co m pensation fo r
each m e m be r of the A ge ncy executive le adership te a m . T otal co m pe nsation shall include
sa la ry , bo nuses, cashed-in le ave , cash equ iva lents, seve rance pay, retire m e nt benefit s,
deferred co m pe nsatio n, rea l-prope rt y gift s, and any other pa yout. T he A ge ncy shall info rm the
D e pa rt m e nt of any cha ng e s in tota l executive co m pensa tion during the perio d betw een the
filing of A nnua l R e po rt s w ithin 60 da ys of any change ta king eff ect. A ll com p e nsation report s
sha ll deta il the pe rce ntage of executive leadership com pe nsation rece ived directly fr om all
State and/o r Fe de ral allo catio ns to the A ge ncy. A nnual R e port s sha ll be in the form appro ved
by the D e pa rt m e nt and sha ll be subm itt ed to the D epa rt m e nt at fdo tsing lea ud it@ do t.state.f l.us
w ithin 18 0 da ys fo llow ing the end of ea ch tax yea r of the A gency rece iving D e part m ent funding.
i. Design Services and Construction Engineering and Inspection Services. If the Project
is w ho lly or pa rt ia lly fund e d by the D e pa rt m ent and adm in iste red by a loca l go ve rn m ental
entity, exce pt fo r a se a po rt listed in Se ctio n 311.0 9 , Florida Statutes, or an airport as defined
in Se ctio n 332 .0 04 , F lo rida Statutes, the entity pe rf orm ing de sig n and co nstruction
eng ine e ring and inspe ctio n se rv ices m ay not be the sam e entity.
18. Indemnifi cation and Insurance:
a. It is specifica lly agreed betw ee n the Pa rt ies executing this A gree m e nt that it is no t intended
by any of the provisio ns of any pa rt of this A gree m ent to create in the pub lic or any m em ber
the reof, a third pa rt y be neficia ry unde r this A gree m ent, or to autho rize anyone no t a part y to
this A g ree m e nt to m a inta in a suit fo r pe rso na l injurie s or prope rt y dam age pursuant to the
te rm s or provisio ns of this A gree m e nt. T he A ge ncy gua ra nte e s the paym e nt of all just claim s
for m ateria ls, sup plie s, too ls, or la bo r and other just claim s aga inst the A gency or any
Page 13 of 22
STATE OF FLO RIDA DEPA RTM ENT OF TRA NSPOR TATIO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
subcontractor, in connection with this Agreement. Additionally, the Aqencv shall indemnify,
defend, and hold harmless the State of Florida, Department of Transportation, including the
Department's officers and employees, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Agency and persons employed or
utilized by the Agency in the performance of this Agreement. This indemnification shall
survive the termination of this Agreement. Additionally, the Agency agrees to include the
following indemnification in all contracts with contractors/subcontractors and
consultants/subconsultants who perform work in connection with this Agreement:
"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
persons employed or utilized by the contractor/consultant in the performance of this
Agreement.
This indemnification shall survive the termination of this Agreement."
b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
Workers' Compensation law for all employees. If subletting any of the work, ensure that the
subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using "leased
employees" or employees obtained through professional employer organizations ("PEO's"),
ensure that such employees are covered by Workers' Compensation Insurance through the
PEO's or other leasing entities. Ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent contractors, sole
proprietorships, or partners are covered by insurance required under Florida's Workers'
Compensation law.
c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency
elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
cause its contractor or consultant to carry, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under this Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition
of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
to cause, the Department to be made an Additional Insured as to such insurance. Such
coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
coverage. The coverage afforded to the Department as an Additional Insured shall be primary
as to any other available insurance and shall not be more restrictive than the coverage
afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
amounts provided by an umbrella or excess policy. The limits of coverage described herein
shall apply fully to the work or operations performed under the Agreement, and may not be
shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
described herein may be subject to a deductible and such deductibles shall be paid by the
Named Insured. No policy/ies or coverage described herein may contain or be subject to a
Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of
the State of Florida that elects to self-perform the Project. Prior to the execution of the
Agreement, and at all renewal periods which occur prior to final acceptance of the work, the
Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The Department shall be notified in writing Within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or
coverage described herein. The Department's approval or failure to disapprove any policy/ies,
Page 14 of 22
STATE OF FLORID A DEPARTMENT OF TRA NSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Form 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass
or underpass structure, or any other work or operations within the limits of the railroad right
of-way, including any encroachments thereon from work or operations in the vicinity of the
railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance
coverage required above, procure and maintain Railroad Protective Liability Coverage {ISO
Form CG 00 35) where the railroad is the Named Insured and where the limits are not less
than $2,000,000 combined single limit for bodily injury and/or property damage per
occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall
also be added along with the Department as an Additional Insured on the policy/ies procured
pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal
periods which occur prior to final acceptance of the work, both the Department and the railroad
shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage
described herein. The insurance described herein shall be maintained through final
acceptance of the work. Both the Department and the railroad shall be notified in writing within
ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy
or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights the
Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities,
the utility shall be added along with the Department as an Additional Insured on the
Commercial General Liability policy/ies procured above.
19. Miscellaneous:
a. Environmental Regulations. The Agency will be solely responsible for compliance with all
applicable environmental regulations and for any liability arising from non-compliance with
these regulations, and will reimburse the Department for any loss incurred in connection
therewith.
b. Non-Admission of Liability. In no event shall the making by the Department of any payment
to the Agency constitute or be construed as a waiver by the Department of any breach of
covenant or any default which may then exist on the part of the Agency and the making of
such payment by the Department, while any such breach or default shall exist, shall in no way
impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
c. Severability. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected. In such an instance, the remainder would then continue to
conform to the terms and requirements of applicable law.
d. Agency not an agent of Department. The Agency and the Department agree that the
Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
agents of the Department as a result of this Agreement.
e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has
not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining
an approval of its application for the financing hereunder.
f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to
observe or enforce compliance with any provision or perform any act or do any other thing in
Page 15 of 22
DocuS ign Envelope ID : 90F3C516-BA D3-4 9DC -92EB-7C EC8658D F4C
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
GRANT AGREEMENT
Fonn 725-000-01
STRATEGIC
DEVELOPMENT
OGC 4/25/2023
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.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
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STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
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Page 16 of 22
S T A T E O F F L O R ID A D E P A R T M E N T O F T RA N S P O R T A T IO N
PUBLIC TRANSPORTATION
GRANT AGREEMENT EXHIBITS
Form 725-000-02
STRATEGIC
DEVELOPMENT
OGC 412512023
EXHIBIT A
Project Description and Responsibilities
A. Project Description (description of Agency's project to provide context , description of project components funded
via this Agreem ent (if not the entire project)): Village of Key Biscayne entered an agreement with Freebee starting in
2016, pro viding free on-demand transportation serv ices for residents, businesses and visitors. The current service
consists of five (5) 5-passenger electric vehicles with ADA accessibility.
The Village will add three (3) m ore on-demand vehicles, bringing the total to eight (8) vehicles. This addition will fill the
gap in serv ice caused by the discontinuation of County bus serv ice dow n Harbor Drive. The additional Freebee service
w ill m irror the existing the current schedule (Sunday - Thursday 8AM - 8PM, Friday 8AM-1 0PM, Saturday 1 0AM-
1 0PM ) but one of the three additional vehicles may be dedicated as a circulator for Harbor Drive. During non-peak
hours, the on-dem and serv ice w ill provide inter-Village trips between 9AM - 4PM .
B. Project Location (lim its, city, county, m ap): Village of Key Biscayne /Key Biscayne, FL/Miami-Dade
C. Project Scope (allowable costs: describe project com ponents, impro vement type/serv ice type, approximate
tim eline, project schedule, project size): "Serv ice Developm ent Projects specifically include projects involving the use
of new technologies, serv ices, ro utes, or vehicle frequencies; the purchase of special transportation services, and
other such techniques for increasing serv ice to the riding public as are applicable to specific localities and transit user
groups. Projects involving the application of new technologies or m ethods for im proving operations, m aintenance, and
m arketing in public transit system s can be funded through the Service Development program. Eligible capital costs
are any costs that w ould be defined as capital costs by the Federal Transit Adm inistration. Examples would include,
but not be lim ited to: the acquisition of buses for fleet and serv ice expansions; transfer facilities; intermodal terminals
and park and ride facilities; and passenger am enities, such as passenger shelters and bus stop signs. Eligible net
operating costs are all operating costs of a project; less any federal funds, fares, or other sources of income to the
project."
D. Deliverable(s): The Village of Key Biscayne will provide expanded on-demand service, via Freebee. Freebee
serv ice w ill mirro r the existing the current schedule (Sunday - Thursday 8AM - 8PM , Friday 8AM-10PM, Saturday
1 0AM -1 0PM ) but one of the three additional vehicles m ay be dedicated as a circulator for Harbor Drive. During non
peak hours, the on-dem and serv ice w ill pro vide inter-Village trips betw een 9AM - 4PM.
The project scope identifies the ultim ate project deliverables. Deliverables for requisition, payment and invoice
purposes w ill be the increm ental progress m ade toward completion of project scope elements. Supporting
docum entation will be quantifiable, m easurable, and verifiable, to allow fo r a determination of the amount of
increm ental progress that has been m ade, and pro vide evidence that the payment requested is commensurate with
the accom plished increm ental progress and costs incurred by the Agency.
E. Unallowable Costs (including but not lim ited to): N/A
F. Transit Operating Grant Requirements (Transit Only):
Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that
m atches the invoice period. The expenditure detail, along with the pro gress report, will be the required deliverables for
Transit Operating Grants. Operating grants may be issued fo r a term not to exceed three years fro m execution. The
original grant agreem ent will include funding for year one. Funding fo r years two and three will be added by
am endm ent as long as the grantee has subm itted all invoices on schedule and the project deliverables for the year
have been m et.
Page 17 of 22
To: Simon.Huang@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G2M87
8/11/2023
CONTRACT INFORMATION
Contract: G2M87
Contract Type: GD - GRANT DISBURSEMENT (GRANT)
Method of Procurement: G - GOVERMENTAL AGENCY (287.057,F.S.)
Vendor Name: VILLAGE OF KEY BISCAYNE
Vendor ID: F650291811001
Beginning Date of This Agreement: 08/10/2023
Ending Date of This Agreement: 12/31/2024
Contract Total/Budgetary Ceiling: ct= $166,679.00
Description: SFY24 - SERVICE DEVELOPMENT GRANT FREEBEE FOR VILLAGE OF
KEYBISCAYNE
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 8/11/2023
Action: Original
Reviewed or Approved: APPROVED
Organization Code: 55062020629
Expansion Option: A1
Object Code: 751000
Amount: $166,679.00
Financial Project: 45206718401
Work Activity (FCT): 215
CFDA:
Fiscal Year: 2024
Budget Entity: 55100100
Category/Category Year: 088774/24
Amendment ID: 0001
Sequence: 00
User Assigned ID:
Enc Line (6s)/Status: 0001/04
Total Amount: $166,679.00
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