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Agenda 03/28/2017 Item #16D 303/28/2017 EXECUTIVE SUMMARY Recommendation to approve an hourly rate for Charter Service that will allow Collier Area Transit to comply with the Federal Transit Administration (FTA) Charter guidelines. OBJECTIVE: To establish a Charter Service hourly rate for Collier Area Transit in accordance with Federal Transit Administration Guidelines. CONSIDERATION: The FTA established guidelines (49 U.S.C. 5323(d), part 604) to protect private charter operators from the unauthorized competition by recipients of federal financial assistance under the Federal Transit Laws. The Federal guidelines include the provision of transportation services that fall outside of the definition of public transportation by transit agencies. These services are considered exceptions to the Charter Service regulations and include the provision of transportation services to: 1. Government officials 2. Qualified Human Service Organization (QHSO) 3. Leasing of equipment and drivers 4. When someone receives no response to request for services from registered Charter Providers For services provided under exceptions 2 through 4, a rate may be charged. However, a rate must first be approved by the Board of County Commissioners. Collier Area Transit (CAT) frequently receives requests from agencies, organizations, and other County Divisions to provide transportation services for functions or events. CAT staff has developed an internal procedure that ensures compliance with the FTA guidelines and is being used as a tool for determining if such requests fall under the Charter Service exceptions as defined in the federal regulations. Once a rate is established by the Board, the fully burdened rate per hour will be assessed for services provided under Exceptions 2 through 4. The rate will be reviewed and adjusted annually in coordination with the Office of Management and Budget. Staff requests that the future adjusted rates not require annual approval by the Board. It is anticipated that the only transportation services that will be provided by the transit agency under this exceptions will be limited to government officials and QHSO because of the extensive burden required under Exceptions 3 and 4 to show evidence that registered charter providers have exhausted all available vehicles within the geographic area and cannot provide the requested service. When requests meet the test under the regulation, the following rate is being recommended for approval by the Board: Exception Rate 1. Government Officials $0 2. Qualified Human Service Organization (QHSO) $79/Hour 3. Leasing of Equipment and Driver $79/Hour 4. No Response by Registered Charter Provider $79/Hour Some examples of organizations the fall under the category of QHSO include: Department of Labor 03/28/2017 Veterans Employment and Training Service, Department of Health and Human Services Administration on Aging (Grants for Supportive Services and Senior Centers), and Department of Health and Human Services Health Resources and Services Administration (Rural Health Care Outreach Program). FISCAL IMPACT: Because this is a new service, staff does not have historical data from which to estimate the amount of business charter service will generate. Staff expects that the revenues to be generated from charter service will be negligible. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: To approve the Charter Service Rate of $79 per revenue hour, and authorize an annual adjustment of the rate to capture the fully burdened rate to operate the transit service. Prepared by: Michelle Arnold, Director, Public Transit & Neighborhood Enhancement Division ATTACHMENT(S) 1. Charter Rate Resolution (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doc ID: 2879 Item Summary: Recommendation to approve an hourly rate for Charter Service that will allow Collier Area Transit to comply with the Federal Transit Administration Charter guidelines. Meeting Date: 03/28/2017 Prepared by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 03/09/2017 3:31 PM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement Name: Michelle Arnold 03/09/2017 3:31 PM Approved By: Review: Public Services Department Joshua Hammond Additional Reviewer Completed 03/10/2017 10:34 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 03/13/2017 10:55 AM Grants Kimberly Lingar Level 2 Grants Review Completed 03/13/2017 11:16 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/14/2017 10:14 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/14/2017 11:17 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 10:25 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/15/2017 11:52 AM Grants Therese Stanley Additional Reviewer Completed 03/17/2017 4:33 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:45 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN HOURLY RATE FOR TRANSPORTATIONS SERVICES AUTHORIZED AS CHARTER SERVICE EXCEPTIONS THAT WILL ALLOW COLLIER AREA TRANSIT (CAT) TO COMPLY WITH THE FEDERAL TRANSIT ADMINSTRATION CHARTER GUIDELINES. WHEREAS, the Board of County Commissioners has the authority to approve an hourly rate for transportations services authorized as charter service exceptions that will allow Collier Area Transit (CAT) to comply with the federal Transit Administration Charter Guidelines; and WHEREAS, the Federal Transit Administration (FTA) has established guidelines (49 U.S.C. 5323(d), part 604) to protect private charter operators from unauthorized competition by recipients of federal financial assistance under the Federal Transit Laws; and WHEREAS, the types of requests that typically will be authorized for charter service are from qualified human service organizations for the purpose of transporting persons with mobility limitation related to advanced age, disabilities, or low income; and WHEREAS, when services meet the definition of authorized charter service, a fee will be assessed to the customer; and WHEREAS, the fee is based on the annual fully burdened rate to operate the transit service; and WHEREAS, the current fully burdened rate is $79.00 per hour; and WHEREAS, the rate will be reviewed and adjusted annually in coordination with the Office of Management and Budget. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. Collier Area Transit (CAT) is hereby authorized to set a Charter Service rate of $79.00 per hour, and is authorized to set an annual adjustment of the rate to capture the fully burdened rate to operate the transit service. 2. This rate shall be effective upon execution of this Resolution. 3. This Resolution adopted this day of majority vote in favor of passage. ATTEST DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: M Jennifer A. Belpedio Assistant County Attorney 2017 after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Penny Taylor District 4 Commissioner