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Agenda 01/28/2014 Item #16D 7n 1/28/2014 16.D.7. EXECUTIVE SUNIIVIARY Recommendation to execute the attached Supplemental Agreement to the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Collier County to amend the Disadvantaged Business Enterprise language for Contract AQQ85 OBJECTIVE: To modify the Disadvantaged Business Enterprise language as required by the Florida Department of Transportation to continue to receive funds for Americans with Disabilities Act improvements to transit facilities on the State Highway System. CONSIDERATION: At its April 23, 2013, meeting, the Collier County Board of County Commissioners adopted the Collier Area Transit Disadvantaged Business Enterprise (DBE) Program, which ensures that DBEs have an equal opportunity to receive and participate in DOT - assisted contracts. On December 20, 2013, the Florida Department of Transportation requested Collier County further update the Disadvantaged Business Enterprise language in the JPA to be, consistent with Federal and State requirements. This additional language requires Collier County to ensure there is a level playing field on which DBEs can compete fairly for these contracts. FISCAL IMPACT: There is no additional fiscal impact associated with this item. 'LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT HAPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approves the attached Resolution authorizing the Chairman to sign the Agreement on behalf of the Board and authorizes the Chairman to sign the Supplemental Agreement to the Joint Participation Agreement. Prepared by: Trinity Scott, Public Transit Manager, Alternative Transportation Modes Attachments: (1) Resolution; (2) FDOT Supplemental Joint Participation Agreement Packet Page -537- 1/28/2014 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to execute the attached Supplemental Agreement to the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and Collier County to amend the Disadvantaged Business Enterprise language for Contract AQQ85 Meeting Date: 1/28/2014 Prepared By Name: ScottTrinity Title: VALUE MISSING 12/27/2013 12:17:52 PM Submitted by n Title: VALUE MISSING Name: ScottTrinity 12/27/2013 12:17:54 PM Approved By Name: SotoCaroline Title: Management/Budget Analyst,Transportation Administr Date: 12/27/2013 4:28:23 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes,Alternative Tr Date: 12/30/2013 9:43:46 AM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 1/13/2014 11:19:16 AM Name: TeachScott Title: Deputy County Attorney,County Attorney n Date: 1/14/2014 4:34:02 PM Packet Page -538- Name: CarnellSteve Title: Administrator - Public Services Date: 1/14/2014 8:04:27 PM Name: OberrathKaren Title: Senior Accountant, Grants Date: 1/17/2014 7:05:09 AM 1/28/2014 16.D.7. Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 1/17/2014 2:06:24 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/17/2014 3:03:56 PM Name: KlatzkowJeff Title: County Attorney Date: 1/17/2014 3:26:18 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/21/2014 9:51:01 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/21/2014 2:01:09 PM Packet Page -539- 1/28/2014 16.D.7. RESOLUTION 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO FUNDING DESIGN AND /OR CONSTRUCTION EXPENSES OF IMPROVEMENTS AT EXISTING BUS STOPS ON THE STATE HIGHWAY SYSTEM AND AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT. WHEREAS, at the December 11, 2012, meeting of the Board of County Commissioners the Board approved a Joint Participation Agreement (the "JPA") with the Florida Department of Transportation pertaining to funding the design and construction expenses for improvements to facilities on the State Highway System (SHS) related to the Americans with Disabilities Act (ADA) (Financial Project No. 432836 -1- 94-01) and authorized the Board of County Commissioners, through its Chairman, to enter into the JPA with the Florida Department of Transportation; and WHEREAS, on December 20, 2013, the Florida Department of Transportation provided a supplemental JPA to update the Disadvantaged Business Enterprise language contained within; and WHEREAS, the Florida Department of Transportation requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the supplemental agreement and authorize the Chairman to execute the supplemental JPA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF, COUNTY CONSUSSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. On January 28, 2014, the Board of County Commissioners approved by majority vote the supplemental JPA (Financial Project No. 432836 -1 -94-01) and authorized its chairman, Tom Henning, to enter into that agreement with FDOT. 2. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. Packet Page -540- V 1/28/2014 16.D.7. This Resolution is hereby adopted after motion, second and majority vote this 28`� day of January 2014. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and I egality: Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN Packet Page -541- Financial Project No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number One 1/28/2014 16.D.7. 725 - 030.07 PUBLIC TRANSPORTATION 06/,1 Page 1 of 5 Fund: 010 1 FLAIR Category: 088774 i 432836- 1 -94 -01 Function: 631 Object Code: 750012 (Item- segment - phase- sequence) Federal No.: N/A Org. Code: 55012020129 Contract No.: AQQ85 DUNS No.: 076997790 Vendor No_: F 596000558004 Catalog of Federal Domestic Assistance Number. N/A Catalog of State Financial Assistance Number: 55012 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 Collier County Board of County Commissioners 3299 East Tamiami Trail Navies Florida 34112 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 11th ' day of January , 2013 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $237,919 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended The project description is not changing. There are no funding changes. Removing paragraph one of article 12.31 and replacing it with language as described on page 4 of 5, Attachment A, "Description of Supplement." Packet Page -542- 0 1/28/2014 16.D.7. 725-030.07 PUBLIC TRANSPORTATION 06111 Page 2of5 2.00 Project Cost: Paragraph 3.00 of said Agreement is ❑ increased / ❑ decreased by bringing the revised total cost of the project to Paragraph 4.00 of said Agreement is ❑ increased / D decreased by bringing the Departments revised total cost of the project to 3.00 Amended Exhibits: Exhibit(s) N/A of said Agreement is amended by Attachment "A ". 4.00 Contract Time: Paragraph 18:00 of said Agreement N/A 5.00E Verify: 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- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. col��, Packet Page -543- 1/28/2014 16.D.7. 725-030.-0; PUBLIC TRANSPORTATION 08!11 Page 3 of Financial Project No. 432836 -1 -9401 Contract No. AQQ85 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY Collier County Board of County Commissioners AGENCY NAME /—%, SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE ATTEST DWIGHT E. BROCK, CLERK Approved as to f and legality \ x Scott R. Teach, Deputy County Attorney rs See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Chris Srrotli DEPARTMENT OF TRANSPORTATION Director of Transportation Develooment TITLE Packet Page -544- �{�_ 1/28/2014 16.D.7. 727 PUBLIC TRANSPORTATION 06/11 Page 4 of 5 Financial Project No. 432836- 1 -94 -01 Contract No. AQQ85 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Comm'ssioners 3299 East Tamiami Trail Naples. Florida 34112 dated DESCRIPTION OF SUPPLEMENT (include justification for cost change): This supplement is to remove the first paragraph only of article 12.31 in the original Joint Participation Agreement in its entirety and replace with the following language: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cant' out applicable requirements of 49 CFR part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Project Cost: As Approved Total Project Cost $0.00 Fund Participation: As Approved Department: Agency: Other: Total Project Cost $0.00 Comments: Packet Page -545- As Amended Net Change $0.00 $0.00 As Amended Net Change $0.00 $0.00 1/28/2014 16.D.7. 725430 -or PUBLIC TRANSPORTATION 06111 Page 5 of 5 III. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING If a project is a multi -year or prequaiified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY FY FY FY FY FY FY FY FY FY 12113 $237,919.00 FY FY FY FY FY FY FY FY FY FY Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Packet Page -546-