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Agenda 02/12/2013 Item #16D102/12/2013 16.D.10. EXECUTIVE 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 local match to include in -kind funding in the amount of $75,150 and cash match in the amount of $205,850 for the Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center. OBJECTIVE: To modify the in -kind service contribution for the Collier Area Transit (CAT) Intermodal Transfer Facility at the Government Center and recognize local funds spent on the project. CONSIDERATIONS: FDOT awarded an Intermodal Grant in the amount of $1,300,000 for planning, design, site development, and construction expenses related to the CAT Intermodal Transfer Center. The 50% local match for the grant was comprised of the land value in the amount of $1,019,000 and in -kind services (staff time) in the amount of $281,000. The BCC approved the JPA between FDOT and Collier County for the funding on May 12, 2009. A supplemental agreement to the JPA was approved on April 26, 2011, authorizing the final year of FDOT funding for this project. The total in -kind services for this project accumulated through the end of the fiscal year (September 30, 2012) amount to $75,150. In order to match the required amount of $281,000.00, it is necessary to recognize local funds previously budgeted and already spent on the project for permits, the construction contract and Information Technology equipment. Therefore, the JPA must be amended in order to reallocate the local match in the amount of $205,850.00 and recognize the cash contribution to the project. FISCAL IMPACT: There is no additional fiscal impact associated with this item. The local funds, in- kind, and land value have already been contributed to the project. Grant funding resides within CAT Grant Fund (424) Project 33037 and cash match funding within Gas Tax Fund (313) Transit Project 35016. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve and authorize its Chairwoman to sign the Supplemental Agreement to the Joint Participation Agreement and the attached Resolution after final review by the County Attorney. Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Department Attachment: (1) Resolution; (2) FDOT Supplemental Joint Participation Agreement; (3) Revised Exhibit B Packet Page -1895- 2/12/2013 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.10. 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 local match to include in -kind funding in the amount of $75,150 and cash match in the amount of $205,850 for the Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center. Meeting Date: 2/12/2013 Prepared By Name: OteroBrandy Title: Project Manager, Associate,Transportation Engineer 1/16/2013 1:11:45 PM Submitted by Title: Project Manager, Associate,Transportation Engineer Name: OteroBrandy 1/16/2013 1 :11:47 PM Approved By Name: SotoCaroline Title: Management/Budget Analyst,Transportation Administr Date: 1/17/2013 1:13 :21 PM Name: Alonsoflailey Title: Operations Analyst, Public Service Division Date: 1/18/2013 2:05:04 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes,Alternative Tr Date: 1/22/2013 2:30:28 PM Name: ScottTrinity Date: 1/22/2013 3:29:10 PM Packet Page -1896- Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 1/25/2013 9:19:27 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 1/25/2013 10:57:29 AM Name: OberrathKaren Title: Senior Accountant, Grants Date: 1/30/2013 7:15:37 AM Name: KlatzkowJeff Title: County Attorney Date: 1/30/2013 8:10:15 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/30/2013 12:17:04 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/1/2013 2:37:31 PM Name: KlatzkowJeff Title: County Attorney Date: 2/4/2013 4:22:08 PM Name: OchsLeo Titic: County Manager Date: 2/5/2013 9:15:06 AM Packet Page -1897- 2/12/2013 16.D.10. 2/12/2013 16.D.10. RESOLUTION 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE PLANNING, DESIGN, SITE DEVELOPMENT, AND /OR CONSTRUCTION EXPENSES FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER FACILITY TO BE LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER AND AUTHORIZING ITS CHAIRWOMAN TO SIGN THAT AGREEMENT AT THE FEBRUARY 12, 2013 MEETING. WHEREAS, at the February 13, 2013, meeting of the Board of County Commissioners the Board approved a Supplemental Joint Participation Agreement (the "JPA ") with the Florida Department of Transportation pertaining to the planning, design, site development, and/or construction expenses for the Collier Area Transit (CAT) Intermodal Transfer Facility to be located at the Collier County Govemment Center (Financial Project No. 420353- 1- 94 -01) and authorized the Board of County Commissioners, through its Chairwoman, to enter into the Supplemental JPA with the Florida Department of Transportation; WHEREAS, the Florida Department of Transportation requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the agreement and authorize the Chairwoman to execute the JPA; and WHEREAS, the Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by the Florida Transit Administration Act of 1964, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CONMSSIONERS OF COLLIER COUNTY, FLORIDA, that: On February 12, 2013, the Board of County Commissioners approved by majority vote the JPA (Financial Project No. 420353- 1- 94 -01) and authorized its chairwoman to enter into that agreement with the FDOT. Packet Page -1898- 2/12/2013 16.D.10. A certified copy of this Resolution will be forwarded by the Collier County Clerk to the FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 12'6' day of February 2013. ATTEST: DWIGHT E. BROCK, CLERK L: M Deputy Clerk Approved as to form and legal sufficiency: 0 Scott R. Teach, Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIM 2 Georgia A. Hiller, Esq. Chairwoman Packet Page -1H9- Financial Project No.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number Two 2/12/2013 16.D.10. 725-030.07 PUBLIC TRANSPORTATION 08111 Pape 1 of s Fund: 010 I FLAIR Category: 088792 420353- 1 -94 -01 Function: 639 Object Code: 750014 (Item-segment- phase - sequence) Federal No.: N/A Org. Code: 55012020129 Contract No.: APF60 DUNS No.: 076997790 Vendor No.: F59600055804 I Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55014 I 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. # 103• Naoles _Florida 34104 hereinafter referred to as Agency WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29th day of June , 2009 , 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 1,300.000.00 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 There is no change to the project description which is, "to provide for the Department's participation in the Agency's eligible costs related to the planning, design, site development, and/or construction expenses of a transit intermodal transfer center for the Collier Area Transit on property located at the Government Center." Packet Page -1900- opf 2/12/2013 16.D.10. 725 -030A7 PUBLIC TRANSPORTATION 08/11 Pape 2 0f 5 2.00 Project Cost: Paragraph 3.00 of said Agreement is ❑ increased / ❑ decreased by $0.00 bringing the revised total cost of the project to $2.600.000.00 Paragraph 4.00 of said Agreement is ❑ increased / ❑ decreased by $0.00 bringing the Department's revised total cost of the project to $1.300.000.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A ". 4.00 Contract Time: Paragraph 18.00 of said Agreement July 31. 2013 6.00 E- 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. Packet Page -1901- 0 2/12/2013 16.D.10. 725-030-07 PUBLIC TRANSPORTATION 06111 �.1 Pepe 3 of 5 Financial Project No. 420353 -1 -94-01 Contract No. APF60 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 6/29/2009 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 KrTEST DWIGHT E. BROCK, CLERK BY: Avowed u to fort A feed xaffidowy Deputy County Attorney FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Chris Smith DEPARTMENT OF TRANSPORTATION TITLE Packet Page -1902- 2/12/2013 16.D.10. 725. 030.07 PUBLIC TRANSPORTATION 05111 Pape 4 d 5 Financial Project No. 420353 -1 -94-01 Contract No. APF60 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 Commissioners 3299 East Tamiami Trail. # 103: Naples. Florida 34104 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): The purpose of this Supplemental JPA is to change the composition of the local contribution, from "11% In -Kind, $ 281,000.00 and 39% Value of the real estate, $1,019,000.00° to, "3% In -Kind, $ 75,150.00, and, 8% Cash, $205,850.00 and, 39% Value of the real estate, $1,019,000.00.° This does not impact the total cost of the contract. I. Project Cost: As Approved $2,600,000.00 Total Project Cost $2,600,000.00 II. Fund Participation: As Approved Department: $1,300,000.00 Agency: $1,300,000.00 Other: Total Project Cost $2,600,000.00 Comments: Packet Page -1903- As Amended $2,600,000.00 $2,600,000.00 As Amended $1,3300,000.00 $1,300,000.00 $2,600,000.00 Net Change $0.00 $0.00 Net Change $0.00 $0.00 $0.00 0�*' 2/12/2013 16.D.10. 725-090.07 PUBUC TRANSPORTATION Wil Pape 5 or 5 III. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING If a project is a multi -year or pnsqualified 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 FY Fr 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 -1904- 2/12/2013 16.D.10. Financial Management Project Number: 420353- 1 -94 -01 Contract Number: APF60 Collier: Government Center Intermodal Hub 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 the Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112, dated I. PROJECT COST: TOTAL PROJECT COST: $2,600,000.00 $2,600,000.00 II. PARTICIPATION: Maximum Federal Participation FTA, FAA (N /A %) or $0.00 Agency Participation In -Kind* (03 %) $75,150.00 Cash * ** (08 %) $205,850.00 Other ** (39 %) $1,019,000.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) (50 %) or $1,300,000.00 Federal Reimbursable (DU)(FRA)(DFTA) (N /A %)or $ 0.00 Local Reimbursable (DL) (N /A %)or $ 0.00 TOTAL PROJECT COST $ 2,600,000.00 III. MULTI -YEAR OR PREQUALIFIED PROJECT FUNDING If project is a multi -year or prequalified 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): 2008/09 $ 134,400.00 Intermodal Program funding 2009/10 $ 864,000.00 Intermodal Program funding 2010/11 $ 301,600.00 Intermodal Program funding Total: $1,300,000.00 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. *In -kind: - County's Facilities personnel and Alternative Transportation Modes (ATM) administrative time through the procurement, design, and construction phases of the project. * *Other: — real property value. ***Cash: - local funds used after grant agreement execution date for permits, IT, and other construction costs. Packet Page -1905-