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Backup Documents 07/26/2011 Item #10AORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to w he forarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exception of the Chairman's signature draft a lino th- -h �,...+;__ 1;— 41 .ti ..... . u.. - - - - -.. Route to Addressee(s) �.... ....� �� w. wtu icic rc cnecKusr, and forward to tan Mitchell (line #6). (List in routing order) Office e Initials Date 1. Scott Teach, Attorney County Attorney's office Agenda Item Number 10A Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, 2. T '� /- S �� -T y <i Number of Original Documents � , i CF�%rv7f 3. 1; Attached 17.x/ [4( /CAS -t? Chairman and Clerk to the Board and possibly State Officials.) w o7 ���9T� /�lceFf� e rs # 5. Ian Mitchell, Executive Manager All handwritten strike - throughs and revisions have been initialed by the County Attorney's to the BCC Board of County Commissioners — 6. Minutes and Records Clerk of Court's Office J-7 i PRIMARY CONTACT INFORMATION (The priman contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Brandy Otero, Associate Proj. Mgr. Phone Number 252 -5859 Contact a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) Agenda Date Item was 7/26/2011 Agenda Item Number 10A Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Attached T '� /- S �� -T y <i Number of Original Documents � , i CF�%rv7f 1; Attached 17.x/ v —I►— - INSTRi1CTi C .0 ruFrui Few I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip. Revised 6 -15 -2011 1'hoki , - a/<.L1LiV 1 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1. a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be (Initial) Applicable) signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. Is the Chairman's original signature require—d? # 3. All handwritten strike - throughs and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board. — 4. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date, whichever is applicable. 5. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's nature and initials are required. 6. In most cases (some contracts are an exception), the original document and this routing slip [si should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 7. The document was approved by the BCC on 7/26/2011 (enter date) and all changes during � N/A is not made the meeting have been incorporated in the attached document. G ' an option The Count Attorney's Office has reviewed the changes, if applicable. for line 6. I: Forms / County Forms/ BCC Forms/ Original Documents Routing Slip. Revised 6 -15 -2011 1'hoki , mnmmul RESOLUTION 2011-133 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP) AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE CONSTRUCTION EXPENSES FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER FACILITY TO BE LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER AND AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT AT THE JULY 26, 2011, MEETING. WHEREAS, at the July 26, 2011, meeting of the Board of County Commissioners the Board approved a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation pertaining to the construction expenses for the Collier Area Transit (CAT) Intermodal Transfer Facility to be located at the Collier County Government Center (Financial Project No. 429815- 1- 94 -01) and authorized the Board of County Commissioners, through its Chairman, to enter into the TRIP Agreement with the Florida Department of Transportation; 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 agreement and authorize the Chairman to execute the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On July 26, 2011, the Board of County Commissioners approved by majority vote the Agreement (Financial Project No. 429815- 1- 94 -01) and authorized its chairman, Fred W. Coyle, to enter into that agreement with FDOT. Page I of 2 10 A J 40, 1 A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 26`" day of July 2011. ATTEST: '. DW C E"BRO CLERK � t s . r Approved as to form an gal suff nc Scott R. Teach, Deputy County Attorney Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B Y 'r FRED W. COYLE, CHA AN Co ler C;0"I ty 10 Growth Management Division Construction & Maintenance Alternative Transportation Modes Memo Date: September 21, 2011 To: Ann Jennejo From: Brandy Ote 4) RE: Fully Executed TRIP Agreement The fully executed TRIP agreement is attached. This item was approved at the 7/26/11 BCC meeting, agenda item 10A. Let me know if you have any questions. Thanks, Brandy Enclosures: Agreement AAlteemativeTransportation Modes • 2885 South Horseshoe Drive • Naples, Florida 34104.239- 252 -8192 • FAX 239 -252 -5899 • www.colliergov.net CSFA No. 55.026 FINANCIAL PROJECT NO.: 429815- 1 -94 -01 /A G? g9 Collier COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 10 A TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and Collier County Board of County Commissioners, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as the "COUNTY." WITNESSETH 1. WHEREAS, the DEPARTMENT has the authority, under Fla. Stat. §334.044, to enter into this Agreement; and 2. WHEREAS, the Transportation Regional Incentive Program was created by Fla. Stat. §339.2819 to provide funds to improve regionally significant transportation facilities in "regional transportation areas" pursuant to Fla. Stat. §339.155 (5); and 3. WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Fla. Stat. §339.2819; and 4. WHEREAS, the Lee and Collier Metropolitan Planning Organizations, acting as a designated regional partnership under Fla. Stat §339.155 (5)(c) and formed by an interlocal agreement, designated the Collier Area Transit Intermodal Transfer Station as a regional facility. This action was taken during a joint meeting between the organizations in which TRIP eligible projects were prioritized and approved. The meeting agenda and minutes are attached to this Agreement under EXHIBIT "D ", attachment 1. 5. WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 429815- 1 -94 -01 hereinafter referred to as the "PROJECT," in accordance with Fla. Stat. §339.2819; and 6. WHEREAS, the COUNTY by Resolution No. 13 3 dated the: day of d 114 , 2011, a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1. SERVICES AND PERFORMANCE A) The PROJECT consists of construction and other capital expenses of a new Collier Area Transit Intermodal Transfer Station located at the Collier County Government Center Courthouse Annex Parking Garage as further described in Exhibit "A" (Scope of Services) attached hereto and made a part hereof. B) The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable, federal, state and local statutes, rules and regulations, and standards. The COUNTY shall be responsible for obtaining clearances /permits required for the 1 construction of the PROJECT from the appropriate permitting authorities. 40 A completion of the PROJECT, the COUNTY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing. C) The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. The COUNTY shall provide the DEPARTMENT with quarterly progress reports. D) The COUNTY shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of all persons employed by the COUNTY during the term of the Contract to perform employment duties within Florida and all persons, contractors, including subcontractors, assigned by the COUNTY to perform work pursuant to the contract with the Department. E) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Florida Department of Transportation Collier County Government Attn: Julia B. Davis, AICP, Project Coordinator Attn: Brandy Otero, Project Mgr. 2981 Northeast Pine Island Road 2885 South Horseshoe Drive Fort Myers, Florida 33909 Naples, Florida 34104 2. TERM A) The COUNTY shall perform the PROJECT activities in accordance with the following schedule: (1) Design to be completed on or before October 1, 2011. (2) Construction contract to be let on or before January 31, 2012. (3) Construction to be completed on or before December 31, 2013 B) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement and contingent upon the DEPARTMENT'S District Secretary's or Designee's Approval. 3. COMPENSATION AND PAYMENT A) The COUNTY and the DEPARTMENT agree to share the cost of this project Financial Project No. 429815- 1- 94 -01. The COUNTY agrees to provide one -half (1/2) of the match for PROJECT expenditures and the DEPARTMENT agrees to provide the other one -half (1/2) pursuant to Fla. Stat. §339.2819 and as further described in Exhibit "C" E attached hereto and made a part hereof. 10 B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT is $2,800,000.00 (Two Million Eight Hundred Thousand Dollars). The estimated COUNTY share for the match of the TRIP funded portion of the PROJECT is $1,400,000.00 (One Million Four Hundred Thousand Dollars). The estimated DEPARTMENT share for the TRIP funded portion of the PROJECT is $1,400,000.00 (One Million Four Hundred Thousand Dollars) which is the maximum participation by the DEPARTMENT for this Agreement. The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. i) In the event the COUNTY proceeds with the construction of the PROJECT with its own forces, the COUNTY will only be reimbursed for direct costs (this excludes general and administrative overhead). ii) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. C) Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT under Section 334.044 (29), Florida Statutes. D) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. E) The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an Annual appropriation by the Legislature. F) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post- audit. G) Travel costs will not be reimbursed. H) The COUNTY shall submit quarterly invoices (3 copies), plus supporting documentation required by the DEPARTMENT. Payment shall be made to the COUNTY upon review and approval by the DEPARTMENT. I) Participants providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has (5) five working days to inspect and approve the goods and services. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Participant. Interest penalties of less than one (1) dollar will not 3 be enforce p ant d unless the Participant re payment. Invoices that have to be returned tot O • requests p y a Participant because of Participant 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. J) A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payments(s) from the state. The Vendor Ombudsman may be contacted at (850) 413 -5516. K) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. L) The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. 4. ROADWAY LEVEL OF SERVICE N/A A) Fla. Stat. §163.3180(10) requires that facilities funded through the Transportation Regional Incentive Program adopt the level of service standards established by the DEPARTMENT for the PROJECT limits. B) The logical termini for the PROJECT are N/A 5. IN -HIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable) A) In -kind services are goods, commodities, or services received in lieu of cash payments. Goods and commodities should be valued based on their current market value. B) Property donated by local governments for right of way as the local share for a qualified project, must comply with the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4601, et sec., 4 and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federa O A funds will be used in any phase of the project. Other requirements for the acquisition o rights of way should be determined in accordance with guidelines established by the Office of Right of Way. C) The DEPARTMENT has established specific right of way acquisition guidelines for the Transportation Regional Incentive Program. These guidelines can be found at hqp://www.dot.state.fl.us/plai-ining/TRIP/RW-contributions.pdf. D) The excess of an in -kind match valued in excess of the required match will not generally be applied towards another project. On a case by case basis, an exception may be made for project segments in a regional corridor that are part of an implementation plan for that corridor. 6. INDEMNITY AND INSURANCE A) INDEMNITY i) To the extent allowed by law, the COUNTY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the COUNTY, its agents, or employees, during the performance of the Agreement, except that neither the COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the DEPARTMENT, or any of its officers, agents, or employees, during the performance of the Agreement. ii) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. iii) The COUNTY agrees to include the following indemnification in all contracts with contractors /subcontractors, consultants /subconsultants, who perform work in connection with this Agreement: "The contractor /consultant shall indemnify, defend, save, and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents, or employees. Neither the contractor /consultant, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents, or employees." B) LIABILITY INSURANCE. i) The COUNTY shall carry and keep in force during the period of this Agreement a general liability policy or policies with a company or companies authorized to do 5 business in Florida, affording public liability insurance with combined bodily injurI O A limits of at least $100,000 per person and $200,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. However, in the event the COUNTY maintains a self - insurance fund to cover such liability, the COUNTY agrees to maintain sufficient reserves in the fund to pay the above - described liability limits. In addition to any other forms of insurance or bonds required under the terms of this Agreement, the COUNTY must comply or cause its contractor to comply with §7 -13 of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2000), as amended. C) WORKERS' COMPENSATION. i) The COUNTY. shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. 7. COMPLIANCE WITH LAWS A) The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B) The COUNTY shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. C) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D) The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in §337.274, Florida Statutes. 8. AUDITS A) The administration of resources awarded by the Department to the LOCAL GOVERNMENT may be subject to audits and /or monitoring by the Department, as described in this section. B) MONITORING i) In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided D by the Department staff to the LOCAL GOVERNMENT regarding such audit. ThI O A LOCAL GOVERNMENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the DEPARTMENT's Office of the Inspector General, the Chief Financial Officer (CFO) or Auditor General. C) AUDITS ii) PART II: STATE FUNDED (1) Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: (2) In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 for fiscal years ending on September 30, 2004, and thereafter in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement, if applicable. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. (3) In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. (4) If the recipient expends less than $500,000 in state financial assistance in its fiscal year ending on September 30, 2004, and thereafter, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its 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 nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). (5) State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency 7 awarding it. 10 A .4 iii) PART III: OTHER AUDIT REQUIREMENTS (1) The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. (2) Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. iv) PART IV: REPORT SUBMISSION (1) Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: Florida Department of Transportation Attn: Julia B. Davis, AICP, Transit Projects Coordinator 2981 Northeast Pine Island Road Fort Myers, Florida 33909 (2) In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation Attn: Julia B. Davis, AICP, Transit Projects Coordinator 2981 Northeast Pine Island Road Fort Myers, Florida 33909 (3) Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directl to the following: Florida Department of Transportation Attn: Julia B. Davis, AICP, Transit Projects Coordinator 2981 Northeast Pine Island Road Fort Myers, Florida 33909 n (4) The Auditor General's Office at the following address: 10 A , Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 (5) Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department at the following address: Florida Department of Transportation Attn: Julia B. Davis, AICP, Transit Projects Coordinator 2981 Northeast Pine Island Road Fort Myers, Florida 33909 (6) Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. (7)Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. V) PART V: RECORD RETENTION (1) The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 9. TERMINATION AND DEFAULT A) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. B) If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be C terminated at the end of such time, or (c) taking whatever action is deemed appropriatLo A the DEPARTMENT. C) If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D) If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 10. MISCELLANEOUS A) All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C) In no event shall the malting by the DEPARTMENT of any payment to the COUNTY 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 COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. The parties agree that all commitments, agreements, or understandings concerning the subject matter of this Agreement are contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by the COUNTY and the DEPARTMENT. E) If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. G) This Agreement shall be effective upon execution by both parties and shall continue in 10 effect and be binding on the parties until the PROJECT is completed and acceptedtO A payment made by the DEPARTMENT or terminated in accordance with Section 9 Termination and Default. . H) An entity or affiliate which has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. I) 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. 11 10A IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Collier County Board of County Commissioners or its designee, as authorized by Resolution Number 1 -1 and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: COLLIER COUNTY, FLORIDA TITLE CHAIRMAN FRED W. COYLE, CHAIRMAN Print Name STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST By: i�d EXECUTIVE SEC ARY (Seal) Pri* t_Name Date Date DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE �c Print Name Date Fla. Dept. of Trans. Legal Review: Date tt'I'41411t's Availability of Funds Approval: A►p7 as to fo Ing wmdewy Date Deputy County Attorney 12 10 Page 1 of 1 EXHIBIT "A" SCOPE OF SERVICES Financial Management Number: 429815- 1 -94 -01 Collier Area Transit Intermodal Transfer Station The intent of this project is to construct an Intermodal Transfer Station connecting to the Collier County Government Center Courthouse Annex Parking Garage. The Project will include all elements required for the transfer center, including the following: 1. Construction of a new busway with a turn around. 2. Construction of six saw -tooth configured bus berths. 3. Construction of a passenger platform. 4. Construction of restrooms. 5. Construction of a customer service area including but not limited to a passenger lobby and office space (for ticketing and operations). 6. Reshaping and expanding the existing stormwater retention area. 7. Purchase of furnishings and equipment necessary to operate the transfer center (i.e. bike racks, benches, etc). Page 1 of 1 10 a EXHIBIT "B" ESTIMATED PROJECT PRODUCTION SCHEDULE Financial Management Number: 429815- 1 -94 -01 Collier Area Transit Intermodal Transfer Station 1) Design to be completed on or before October 1, 2011. 2) Construction contract to be let on or before January 31, 2012. 3) Construction to be completed on or before December 31, 2013. Page 1 of 1 EXHIBIT "C" ESTIMATED SCHEDULE OF FUNDING Financial Management Number: 429815- 1 -94 -01 Collier Area Transit Intermodal Transfer Station 10 A By and through this Transportation Regional Incentive Program Agreement with the COUNTY, the DEPARTMENT agrees to reimburse the COUNTY up to, but not to exceed $1,400,000.00 (ONE MILLION FOUR HUNDRED THOUSAND DOLLARS) for actual costs incurred on the PROJECT, excluding COUNTY overhead. NOTE: This TRIP PROJECT is funded in the Department's work program under FM No. 429815- 1- 94 -01. Funding as programmed is: LFP $1,400,000 TRIP $1,400,000 (LFP- Local Funds for Participating, TRIP- Trans. Regional Incentive Program) Final Invoice: The County must submit the PROJECT final invoice to the Department within 120 days after the completion of all construction activities. Page 1 of 1 is a EXHIBIT "D" AUDIT COLLIER AREA TRANSIT INTERMODAL TRANSFER STATION Financial Management Number: 429815- 1 -94 -01 STATE RESOURCES Agency: Florida Department of Transportation Catalog of State Financial Assistance: Transportation Regional Incentive Program (55.026) Amount: $1,400,000.00 Compliance Requirements Transportation Regional Incentive Program Grant 1. The project must be regionally significant and derived from a regional transportation plan. 2. The regional transportation plan must be created by a regional transportation area created pursuant to Section 339.155(5) Florida Statutes. (The agenda and minutes of the joint meeting of the Lee County and Collier County Metropolitan Organization is attached to this Agreement under EXHIBIT "D" attachment 1) 3. The project must meet the minimum eligibility criteria listed in Section 339.2819 Florida Statutes. 4. Funds will only be provided for capital expenses. Operations are not covered through TRIP. 5. For roadway projects, the Florida Department of Transportation's level of service must be adopted for the logical termini specified in the Joint Participation Agreement once the additional capacity from the project is available for purposes of concurrency under Fla. Stat. § 163.3180. NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit D be provided to the recipient. C�C�7 10/T dJ — /Ff7"7-Ccc0tnerI/ v LEE COUNTY COLLIER Metropolitan Planning Organization JOINT BOARD MEETING OF THE LEE COUNTY AND COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATIONS Bonita Springs City Hall Council Chambers 9101 Bonita Beach Road Bonita Springs, Florida April 18, 2008 9:00 a.m. All meetings of the Joint Lee County and Collier County MPOs are open to the public and citizen input is encouraged. Any person wishing to speak on any scheduled item may do so upon recognition by the Chairperson. In accordance with the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting should contact Ms. Meghan Marion at the Lee County MPO at (239) 338 -2550, Ext. 219; or Ms. Brandy Otero at the Collier County MPO at (239) 252 -8192 48 hours prior to the meeting; if you are hearing or speech impaired, call (800) 955 -8770 Voice (800) 955 -8771 TDD. Or, e-mail mmarion u.swfrpc.org or brandyoterona.colliergov.net. The MPO's planning process is conducted in accordance with Title VI of the Civil Rights Act of 1964 and related statutes. Any person or beneficiary who believes he /she has been discriminated against because of race, color, religion, sex, age, national origin, disability of familial status may file a complaint with the Florida Department of Transportation District One Title VI Coordinator Jacquelin Brown at (863) 519 -2757 or by writing her at P.O. Box 1249, Bartow, Florida 33831. Any person who decides to appeal a decision of this committee will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1. Call to Order /Roll Call 2. Election of a Chairperson 3. Public Comments on Items on the Agenda 4. Action Items A. Determination of TRIP priorities for FY 2010/2011 and FY 2011/2012 B. Changes to the Bi- County Joint Regional Transportation Networks C. Update to the SIS priorities 5. Reports and Presentations A. Citizens Transportation Coalition Presentation on Tolling 1 -75 B. Southwest Florida Expressway Authority Update C. Review of the draft Joint Lee /Collier MPO Long Range Plan Update Scope D. Regional Public Involvement Plan web pages 6. Florida Department of Transportation Report 7. Transit Update 8. Public Comments on Items not on the Agenda 9. Members' Comments 10. Information Items 11. Adjournment of Joint MPO meeting /P 1' d p G oT / v 10A Agenda Item 4A Joint Lee - Collier MPO 4/18/08 DETERMINATION OF TRIP PRIORITIES FOR FY 201012011 AND FY 2011/2012 RECOMMENDED ACTION: Review the applications for FY 2010/11 and 2011/12 TRIP funds in Attachment C and the results of staff evaluations in Attachment A, and recommend TRIP priorities In response to the solicitation of proposals for Transportation Regional Incentive Program (TRIP) funds for FY 2010/11 and FY 2011/12, Lee County and Collier MPO staff has received seven applications, two from the City of Cape Coral, four from Collier County Transportation Planning Department, and one from Collier Area Transit. They are as follows: From the City of Cape Coral ❖ A TRIP request for $4 million in FY 2010/11 for a construction phase to widen Del Prado Boulevard from SR 78 to Kismet Parkway from 4 to 6 lanes ❖ A TRIP request for $12 million in FY 2011/12 for a right of way phase 1 to widen SR 78 from Burnt Store Road to Chiquita Boulevard from 2 to 4 lanes From the Collier County Transportation Planning Department ❖ A TRIP request for $2.9 million in FY 2010/11 for a right of way phase to widen Collier Boulevard from Green Boulevard to Golden Gate Boulevard from 4 to 6 lanes ❖ A TRIP request for $6 million in FY 2011/12 for a design phase for a new 4 -lane extension of Collier Boulevard from Immokalee Boulevard to Bonita Beach Road ❖ A TRIP request for $2.4 million in FY 2011/12 for a right of way phase for widening Collier Boulevard from Green Boulevard to Golden Gate Main Canal from 4 to 6 lanes ❖ A TRIP request for $7 million in FY 2011/12 for a construction phase to widen Collier Boulevard from Green Boulevard to Golden Gate Boulevard From Collier Area Transit ❖ A TRIP request for $1.05 million in FY 2010/11 for construction of an intermodal transfer facility on US 41 at the entrance to Collier County Government Center The complete applications are included in Attachment C for review. Staff has evaluated all seven applications using the joint MPO approved criteria in Attachment B and the results of the evaluations with the project scores are included in Attachment A. The construction phase for 6- laning Collier Boulevard from Green Boulevard to Golden Gate Boulevard has been credited for right of way Production Readiness only (and not construction) as right of way funds have not been committed for this project, and also because a separate application for TRIP funds for right of way acquisition has been submitted. As a result both these applications have scored the same points. -�) p -/ / " 10 Also, the applications for the two Collier Boulevard right of way projects from Golden Gate Main Boulevard to Golden Gate Boulevard, and the SR 78 project did not include design costs in the total cost. The design costs were included during the calculation of the "Overmatch ". The Joint TAC voted unanimously and the Joint CAC voted 10 to 1 to follow the ranking criteria which then puts the Del Prado Boulevard project as the number one priority in 2010/2011 and the Collier Boulevard project (from Green Boulevard to Golden Gate Boulevard) in 2011/2012 (the projects in priority order is attached). //- of /C, MINUTES OF THE JOINT LEE COUNTY METROPOLITAN PLANNING ORGANIZATION O A AND COLLIER METROPOLITAN PLANNING ORGANIZATION H Held on April 18, 2008 The following members were present for the joint meeting of the Lee County Metropolitan Planning Organization and the Collier Metropolitan Planning Organization on April 18, 2008 at the of the Bonita Springs City Hall Council Chambers, 9101 Bonita Beach Road, Bonita Springs, Florida. Lee County Commissioner Frank Mann Commissioner Tammy Hall Commissioner Ray Judah Commissioner Brian Bigelow Commissioner Robert Janes Mayor Jim Humphrey Mayor Eric Feichthaler Councilperson Dolores Bertollini Councilman Peter Brandt Councilman Bob Raymond Councilman Herb Acken Vice -Mayor Carla Johnston Collier County Councilperson Dee Sulick Councilman William Willkomm, III Commissioner Donna Fiala Commissioner Thomas Henning Commissioner James Coletta Councilman Dr. William D. Trotter Commissioner Fred Coyle Commissioner Frank Halas Mayor Sammy Hamilton, Jr. Lee County District 5 Lee County District 4 Lee County District 3 Lee County District 2 Lee County District 1 City of Fort Myers City of Cape Coral City of Cape Coral City of Cape Coral Town of Fort Myers Beach Town of Fort Myers Beach City of Sanibel City of Naples City of Naples Collier County District 1 Collier County District 3 Collier County District 5 City of Marco Island Collier County District 4 Collier County District 2 Everglades City Those also in attendance included: Johnny Limbaugh and Trinity Caudill -Scott of FDOT; David Loveland of Lee County DOT; Carmen Monroy of LeeTran; Jed Schneck of the Lee County Attorney's Office; Brandy Otero, Tamika Seaton, Lorraine Lantz, and Phil Tindall from Collier MPO; Scott Teach from Collier County Attorney's Office; Betty Hull of Citizens Transportation Coalition; Wayne Daltry with Lee County Smart Growth; David Hutchinson with SWFRPC; Bill McDaniel, concerned citizen; Virgil Rook with Wilbur Smith and Associates; Norm Feder with Collier County Transportation Services Division; Nancy Payton with Florida Wildlife Federation; Tom Conrecode with SWFTI; Joe Bonness with Collier P.A.C.; Nick Casalanguida with Collier County Transportation Services Division; Don Eslick with ECCL; Gary Eidson with Citizens Transportation Coalition; and Ron Gogoi, Don Scott and Meghan Marion of Lee County MPO. CALL TO ORDER Meeting called to order at 9:07 a.m. by Mr. Don Scott. ROLL CALL Ms. Marion called the roll for Lee County MPO. Commissioner Mann - present Commissioner Hall- present Commissioner Judah - present Commissioner Bigelow- present Commissioner Janes - present Mayor Humphrey - present Councilman Henderson - absent Councilman Flanders- absent Mayor Feichthaler- present Councilman Grill- absent Councilperson Bertolini- present Councilman Brandt - present Councilman Raymond - present Vice -Mayor Johnston - present Councilman Burch — absent Councilman Simms - absent ioa Ms. Marion announced that Lee County MPO had attained a quorum. Ms. Seaton called the roll for Collier MPO. Councilperson Sulick- present Councilman Willkomm- present Commissioner Fiala- present Commissioner Henning - present Commissioner Coyle- absent Commissioner Halas- absent Commissioner Coletta- present Councilman Trotter - present Mayor Hamilton- absent Ms. Seaton stated that Collier MPO had attained a quorum. ELECTION OF A CHAIRPERSON MOTION BY COMMISSIONER JUDAH TO ELECT COMMISSIONER COLETTA TO BE THE JOINT MPO CHAIRMAN. SECONDED BY COMMISSIONER FIALA. MOTION CARRIED UNANIMOUSLY. Chairman Coletta led the Pledge of Allegiance. Agenda Item #3 — Public Comments on Items on the Agenda No public comments were received. ACTION ITEMS Agenda Item #4A — Determination of TRIP Priorities for FY 2010/2011 and FY 2011/2012 MOTION BY COMMISSIONER JUDAH TO APPROVE THE TRIP PRIORITIES FOR FY 201012011 AND FY 2011/2012 AS THE JOINT TAC AND CAC BOARDS HAVE RECOMMENDED, WHICH IS TO FOLLOW THE RANKING CRITERIA WHICH THEN PUTS THE DEL PRADO BOULEVARD PROJECT AS THE NUMBER ONE PRIORITY IN 201012011 AND THE COLLIER BOULEVARD PROJECT CONSTRUCTION (FROM GREEN BOULEVARD TO F) 6 F /0 GOLDEN GATE BOULEVARD) AS NUMBER ONE IN 201112012. SECONDED 0 e A BY COMMISSIONER JANES. Commissioner Henning asked if this was the recommendation of the Joint TAC and Joint CAC committees. Commissioner Judah stated yes. MOTION CARRIED UNANIMOUSLY. Commissioner Fiala was concerned that the TRIP priorities did not include how much funding was allocated for projects. Mr. Scott replied by stating that $15 million was allocated for the entire District One for each year. Agenda Item 4B — Changes to the Bi- County Joint Regional Transportation Networks Mr. Tindall presented an overview of the changes to the Bi- County Joint Regional Transportation Networks. MOTION BY COMMISSIONER FIALA TO APPROVE THE PROPOSED BICYCLE /PEDESTRIAN CHANGES TO THE PATHWAYS COMPONENT OF THE BI- COUNTY JOINT REGIONAL TRANSPORTATION NETWORKS. SECONDED BY COMMISSIONER HALL. Vice -Mayor Johnston asked about the status of the future connection down the right of way of the rail. Mr. Scott replied that according to the joint Bike /Pedestrian committee, there is 100 feet of right of way and a rail facility could work with another type of facility. It has been mentioned that we would buy the right of way from CSX. Mr. Scott stated that he was uncertain if any action had been taken since the joint Bike /Pedestrian meeting in September 2007. Mr. Scott thought that by showing a facility down Old 41, if a future facility were close to that location and changed later on the joint committees could amend the map. The benefit of showing a facility on Old US 41 is that if the appropriate jurisdiction has to buy additional right of way, there is an opportunity to put a pathway there since Old 41 has not been widened yet. Commissioner Henning requested an amendment to the Bi- County Joint Regional Transportation Networks Map to include the area of Rattlesnake Hammock Road from Santa Barbara Boulevard Extension to County Road 951 in Collier County, because there will be sidewalks on both sides with an 8 to 10 foot pathway on the north side. COMMISSIONER FIALA AND COMMISSIONER HALL AGREED TO THE AMENDMENT TO INCLUDE THE RATTLESNAKE HAMMOCK SEGMENT IN THE MAP. MOTION CARRIED UNANIMOUSLY. Agenda Item 4C — Update to the SIS priorities Mr. Scott presented an overview of the SIS priorities. MOTION BY COMMISSIONER HENNING TO APPROVE THE AMENDMENTS TO THE STRATEGIC INTERMODAL SYSTEM PRIORITIES TO BE CONSISTENT WITH CURRENT ACTIVITIES. SECONDED BY COMMISSIONER FIALA. / of /D Mayor Humphrey asked the status of State Road 82 from 1 -75 to Lee Boulevard. 10 A Mr. Limbaugh replied by stating that the project was fully funded and is programmed to move forward next year. MOTION CARRIED UNANIMOUSLY. REPORTS AND PRESENTATIONS Agenda Item 5A — Citizens Transportation Coalition Presentation on Tolling 1 -75 Mr. Gary Eidson presented a Power Point presentation regarding tolling 1 -75. Commissioner Judah asked about alternative funding sources for 1 -75. Mr. Eidson replied by stating that the CTC was a volunteer organization, and the group's goal was to bring awareness to the community. Commissioner Judah stated he appreciates their involvement, but that he would also like to remind everyone that in 2009 the State transportation budget is going to go bankrupt. He suggested that the committees start thinking about planning for the future and not solely rely on Congress to fund our projects and needs. Agenda Item 5B — Southwest Florida Expressway Authority Update Mr. Bill Barton presented this item with a Power Point presentation. MOTION BY COMMISSIONER JUDAH TO HAVE MPO STAFF SEND A JOINT MPO BOARD LETTER TO THE GOVERNOR OF FLORIDA, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE, AND THE CHAIRMAN OF THE TRANSPORTATION BUDGET COMMITTEES OF BOTH THE HOUSE AND THE SENATE. REQUESTING THAT THE TRANSPORTATION FUND NOT BE RAIDED. SECONDED BY VICE -MAYOR ACKEN. MOTION CARRIED. COMMISSIONER BIGELOW OPPOSED. Agenda Item 5C — Review of the Draft Joint Lee /Collier MPO Long Range Plan Update Scope Mr. Scott presented this item. Vice -Mayor Johnston stated that she would like to see sufficient attention to our current projects and our growing population for each individual county. Mr. Scott stated that each MPO will be reviewing their projects before the final LRTP is adopted. Mr. Tindall stated that the end result will be two different plans adopted by each individual MPO, but that there is more coordination through this process. Vice -Mayor Johnston stated that she would like to see a paragraph somewhere in the scope addressing how we begin to make the transition from having to deal with issues like high gas prices, renewable options, alternative fuel vehicles, transit, and other pertinent concepts regarding transportation planning. There are references to it in different places of the document, but there still is not a specific area which discusses where we are now with regard to avoiding congestion, to getting ride sharing, to improving existing systems, and to having 4 X of /P reverse lanes. She would like to make sure that the scope has some point addressing this 0 A issue. Mr. Scott stated that a lot of this will be addressed in the LRTP because of the requirement of going to year of expenditure. Commissioner Coletta stated that the MPOAC offers a new member course for new MPO Board members to get caught up on current issues and recommended that new members check their availability for attending the course. Agenda Item 5D — Regional Public Involvement Plan Web Pages Mr. Tindall presented this item and stated that the Regional Website can be accessed from each MPO's individual website; there will be a link on the homepage of each individual MPO's website. Councilperson Bertolini asked if there is a cost attached to this. Mr. Scott stated that it is already included in the task. Commissioner Bigelow asked if the public will actually be able to access this website and will it be public friendly. Commissioner Coletta asked that a counter be put on the website so that staff is able to see how effective it actually is. Agenda Item 6 — Florida Department of Transportation Report Mr. Limbaugh stated that the IROX (1 -75 Road Expansion Project) is moving 1 1/z months ahead of schedule. Mr. Limbaugh discussed the financial challenges the Department is currently facing and announced that FDOT is looking into the privatization of Alligator Alley for a long term lease, probably 50 up to 75 years. He stated that FDOT is holding an Industry Forum on April 24, 2008 in Orlando to determine the feasibility of leasing Alligator Alley. Councilperson Sulick asked if this committee could request that FDOT hold a workshop in either Lee or Collier County to make it more accessible for people to attend in regards to the Alligator Alley Privatization. Discussion continued. Commissioner Judah stated that he would like staff to send a letter to Secretary Stephanie Kopelousos to request that a formal workshop regarding the tolling of Alligator Alley be held in Collier County. Commissioner Coletta stated that there is no longer a quorum so he would like to take this suggestion from Commissioner Judah back to both of the Commission Boards for more discussion. Agenda Item 7 — Transit Update Ms. Flagg with CAT stated that Collier County is in its' third year of a transit and paratransit service. These services currently now reside in the same facility at: 8300 Radio Road, Naples, E 7.11"10 Florida 34104. Collier County is developing design for a passenger transfer facility at the Colli County Government Campus. 10 A Ms. Monroy with LeeTran stated that there was no report. Agenda Item _8_— Public Comments on Items not on the Aaenda Ms. Nancy Payton with the Florida Wildlife Federation stated that the public participation policy is lousy. The public should be allowed to speak during the discussions of each item, not just at the very end. Ms. Payton stated that in regards to County Road 951 the PD &E showed expanding County Road 951 as a need beyond adding lanes on 1 -75. The Florida Wildlife Federation along with several other environmental organizations signed a conditional support letter based on the PD &E study that was completed. Now there is a discussion of expanding County Road 951 instead of adding lanes to 1 -75, and this raises a big red flag to the environmental community. Commissioner Coletta stated that for the next Joint MPO meeting he would like to see the opportunity for public comment after each agenda item. Ms. Heather Mazurkiewcz stated that under the Public Involvement Plan her responsibility as a CAC member is to reach out to all of the different organizations within her community, and staff and MPO Board members should remind other CAC members that this is one of their responsibilities also. Agenda Item 9 — Members' Comments Vice -Mayor Acken introduced Councilman Bob Raymond as the new MPO Board Representative for the Town of Fort Myers Beach. Commissioner Bigelow stated that gridlock can be a good thing because it forces us into other alternatives of managing growth. Vice -Mayor Johnston stated that in regards to 1 -75 /Coconut Road interchange the US Senate voted to pass the technical amendments bill and the $10 million will stay in this area for the widening of 1 -75. This still has to go before the United States House of Representatives, so it is not final yet. Commissioner Fiala stated that she finds it very alarming that a Forum for the possible Privitization of Alligator Alley has been set up on April 24th, and nobody even knows about it in regards to a road that affects us. Councilman Willkomm asked if there is anything we can do to stop this Forum from going forward and not have it hidden in Orlando. Commissioner Judah stated that the Collier and Lee County Commission Boards will address this issue of bringing the Forum to either Lee or Collier County at their next meetings. Agenda Item 10 — Information Items Mr. Tindall stated that their will be a Joint Transportation Anti- Terrorism Training Workshop held on May 19th through May 23rd. He also stated that on April 7, 2008 Lee and Collier Counties held a joint Freight and Goods Workshop. / C." -f /!/ Mr. Scott stated that in the future staff will include the approved joint meeting minutes in the1 0 A packets, because there is so much time in between the joint meetings. Meeting adjourned at 11:28 a.m. ADJOURNMENT 7 EXHIBIT "E" Page 1 of 1 10 A NOTICE OF COMPLETION TRIP AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT DESCRIPTION: Collier Area Transit Intermodal Transfer Station FINANCIAL MANAGEMENT ID# 429815 1 94 01 In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby provides notification that the work authorized by this Agreement is complete as of 20 By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the AGREEMENT, the undersigned hereby certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the COUNTY shall furnish the DEPARTMENT a set of "as- built" plans certified by the Engineer of Record /CEI. By: P.E. SEAL: Name: Date: