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Agenda 07/28/2009 Item #16B 6Agenda Item No. 1686 July 28, 2009 Page 1 of 26 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize its Chairman to sign a Resolution and a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT), under FM #425477 -1- 58-01, that provides $6 Million in State funding for improvements to Oil Well Road from Immokalee Road to Everglades Boulevard, County Project #60044. OBJECTIVE: That the Board of County Commissioners approve and authorize its Chairman to sign a Resolution and a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT), under FM #425477- 1- 58 -01, that provides $6 Million in State funding for improvements to Oil Well Road from Immokalee Road to Everglades Boulevard, County Project #60044. CONSIDERATION: The schedule for Oil Well Rd has been coordinated with the available date of execution of this TRIP agreement with FDOT's fiscal year. This agreement provides for $6 Million toward the construction phase of Oil Well Road from Immokalee Road to Everglades Boulevard. FDOT has the authority, under Fla. Stat. §334.044, to enter into this Agreement and 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). The Collier and Lee County Metropolitan Planning Organizations, acting as a designated regional partnership under Fla. Stat §339.155 (5)(c), and formed by an Interlocal Agreement, designated CR 858 (Oil Well Road) from CR 846 (Immokalee Road) to Everglades Boulevard as a regional facility by resolution, a copy of which is incorporated into this agreement and attached. FDOT is willing to provide COLLIER COUNTY with financial assistance under Financial Project No. 425477- 1 -58 -01 in accordance with Fla. Stat. §339.2819 and the COUNTY has certified to FDOT that it has met the eligibility requirements of Fla. Stat. §339.2819; FISCAL IMPACT: Staff estimates that without this agreement there maybe insufficient funds to complete the currently scheduled construction phase of Oil Well Road. There is a total of $42M available for the construction project with the County's portion of the construction estimated at $36M. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi - judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action. —SRT GROWTH MANAGEMENT IMPACT: The expansion of Oil Well Road is consistent with the Long Range Transportation Plan and the Growth Management Plan. Agenda Item No. 16136 July 28, 2009 Page 2 of 26 RECOMMENDATION: That the Board of County Commissioners (BCC) approves and authorizes the Chairman to sign the Resolution and TRIP Agreement memorializing the Board's approval of those agreements and authorizing its Chairman to sign on its behalf. Prepared By: Nick Casalanguida, Transportation Planning Director Attachments: 1) Lee - Collier MPO ILA; 2) TRIP Agreement; 3) Resolution Page 1 of 2 Agenda Item No. 16136 July 28, 2009 Page 3 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16136 Item Summary: Recommendation that the Board of County Commissioners approves and authorizes its Project Manager Chairman to sign a Resolution and a Transportation Regional Incentive Program (TRIP) Transportation Services Agreement with the Florida Department of Transportation (FDOT). under FM #425477 -1 -58- 7/6/2009 9:47 AM 01, that provides $6 Million in State funding for improvements to Oil Well Road from Construction Management Immokalee Road to Everglades Boulevard. County project 60044. Meeting Date: 7/28/2009 9:00,00 AM Prepared By Jeff Klatzkow Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/6/2009 9 :01:26 AM Approved By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 7/6/2009 9:00 AM Approved By Michael Greene Project Manager Date Transportation Services Transportation Engineering & 7/6/2009 9:47 AM Construction Management Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7/7/2009 10:47 AM ,Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & 7/9/2009 9:54 AM Construction Management Approved By Gloria Herrera Management /Budget Analyst Date Transportation Services Stormwater Management 7/9/2009 10:19 AM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 7/9/2009 10:23 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 719/2009 10:47 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2009 11:26 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2009 12:52 PM file: / /C: \AgendaTest \Export\ 133 -July %2028, %202009\ 16. %20C0NSENT %20AGENDA\ 1... 7/22/2009 Approved By Susan Usher Senior Management/Budget Analyst County Manager's Office Office of Management & Budget Approved By Leo E. Ochs, Jr. Deputy County Manager Page 2 of 2 Agenda Item No. 1686 July 28.. 2009 Page 4 of 26 Date 7116/2009 1:23 PM Date Board of County Commissioners County Manager's Office 711612009 4:39 PM file: / /C:AAoendaTest\ Export\133 -July %'-1028, %202009\ 16. %2000NSENT %20AGENDA \1... 7/22/2009 Agenda Item No. 1686 July 28, 2009 Page 5 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477 - 1.58-1 COLLIER COUNTY Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (hereinafter "DEPARTMENT ") and COLLIER COUNTY (hereinafter "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 Collier County and Lee County Metropolitan Planning Organizations, acting as a designated regional partnership under FIa. Stat §339.155 (5)(c), and formed by an interlocal agreement, a copy of which is incorporated into this agreement and attached, designated CR 858 (Oil Well Road) from CR 846 (Immokalee Road) to Everglades Boulevard as a regional facility by resolution. 4. WHEREAS, the DEPARTMENT is willing to provide COLLIER COUNTY with financial assistance under Financial Project No. 425477- 1 -58 -01 hereinafter referred to as the "PROJECT," in accordance with Fla. Stat. §339.2819; and 5. WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Fla. Stat. §339.2819; and 6. WHEREAS, the COUNTY ❑ Certifies to the DEPARTMENT that it has met all Project Eligibility Requirements listed below ❑ Will certify by July 28, 2009 date to the DEPARTMENT that it will have met all Project Eligibility Requirements listed below: PROJECT ELIGIBILITY REQUIREMENTS a. Support facilities that serve national, statewide or regional functions and function as an integrated transportation system, b. Be identified in appropriate local government capital improvements program(s) or long term concurrency management system(s) that are in compliance with state comprehensive plan requirements, c. Be consistent with the SIS, d. Be in compliance with local corridor management policies, and e. Have commitment of local, regional or private matching funds. Catalog State Financial Assistance No. 55.026 Agenda Item No. 1686 July 28, 2009 Page 6 of 26 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 2 of 12 7. WHEREAS, the COUNTY by Resolution No. dated the 28 day of July , 2009, 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: I. SERVICES AND PERFORMANCE 1) The PROJECT consists of construction of CR 858 (Oil Well Road) from CR 846 (Immokalee Road) to Everglades Boulevard to widen from two to four lanes. 2) 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 construction of the PROJECT from the appropriate permitting authorities. Upon 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. 3) 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. 4) The COUNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. 5) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: David Holden, PE Ft. Myers Operations Center Engineer Florida Department of Transportation 2981 NE Pine Island Road Cape Coral, Florida 33909 II. TERM TO COUNTY: Michael Green, Planning Manager Collier County Transportation Services Div. 2885 Horseshoe Drive South Naples, FL 34104 1) The COUNTY shall perform the PROJECT activities in accordance with the following schedule: a. Construction contract to be let on or before July 10, 2009 b. Construction to be completed on or before December 31, 2011 2) This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with the DEFAULT & TERMINATION SECTION below. 3) This Agreement shall not be renewed. Any extension shall be in writing and executed by Agenda Item No. 1686 July 28, 2009 Page 7 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 3 of 12 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 or Designee's Approval. III. PAYMENT TERMS 1) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT #425477- 1- 58 -01. 2) ESTIMATES & PARTICIPATION AMOUNTS A) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT is 544,700,000.00 (FORTY FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS). B) The estimated COUNTY share for the PROJECT is $38,700,000.00 (THIRTY EIGHT MILLION SEVEN HUNDRED THOUSAND DOLLARS). C) The estimated DEPARTMENT share for the PROJECT is $6,000,000.00 (SIX MILLION DOLLARS) which is the maximum participation by the DEPARTMENT. D) The parties further agree all remaining costs of the PROJECT will be borne by the COUNTY. 3) 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). 4) 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. 5) Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT'S under Fla. Stat. §334.044 (29). 6) If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. 7) The DEPARTMENT'S obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 8) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post- audit. 9) Travel costs will not be reimbursed. 10) The COUNTY shall submit one invoice (3 copies), plus supporting documentation required by the DEPARTMENT. Payment shall be made to the COUNTY upon completion of all services, as approved by the DEPARTMENT. Agenda Item No. 1686 July 28, 2009 Page 8 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477- 1 -58 -01 COLLIER COUNTY Page 4of12 11) 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 a state and/or COUNTY. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the Department of Financial Services Hotline, 1 -800- 848 -3792. 12) 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. 13) 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. IV. ROADWAY LEVEL OF SERVICE 1) Fla. Stat. §163.3180 requires that facilities funded through the Transportation Regional Incentive Program adopt the level of service standards established by the DEPARTMENT for the PROJECT limits. 2) The logical termini for the PROJECT are CR 858 (Oil Well Road) from CR 836 (Immokalee Road) to Everglades Boulevard. 3) The COUNTY agrees that upon execution of this agreement the level of service for the segment of (CR 858 Oil Well Road) between the logical termini specified in (2), above, shall be as designated by the DEPARTMENT. Upon execution of this agreement the level of service will be (_C _), subject to change by the DEPARTMENT without need to modify this agreement. 4) The COUNTY agrees to update its comprehensive plan at the next amendment cycle, scheduled for ( March 2019__), and reflect the level of service change for the segment of CR 858 (Oil Well Road) between the logical termini specified in (2) above. V. IN -HIND SERVICES AND RIGHT OF WAY DONATIONS (if applicable) Agenda Item No. 16136 July 28, 2009 Page 9 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 5 of 12 1) 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. 2) 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., and implementing federal regulations, 49 CFR Part 24 and 23 CFR Part 710, if federal funds will be used in any phase of the project. Other requirements for the acquisition of rights of way should be determined in accordance with guidelines established by the Office of Right of Way. 3) The DEPARTMENT has established specific right of way acquisition guidelines for the Transportation Regional Incentive Program. These guidelines can be found at http: / /www. dot. state. fl. us / planning /TRIP /RW- contributions.pdf and are incorporated into this Agreement by reference. 4) 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. VI. INDEMNITY, LIABILITY & INSURANCE 1) INDEMNITY A) 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 of any right herein. B) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/sub- consultants, 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." 2) LIABILITY & INSURANCE. A) The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. Catalog State Financial Assistance No. 55.026 Agenda Item No. 16B6 July 28, 2009 Page 10 of 26 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 6 of 12 B) 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 business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 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. 3) 'WORKERS' COMPENSATION. A) The COUNTY shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. VII. COMPLIANCE WITH LAWS 1) 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. 2) 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. 3) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. 4) 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 Fla. Stat. §337.274. VIII. AUDITS 1) GENERAL REQUIREMENTS & MONITORING A) The administration of resources awarded by the DEPARTMENT to the COUNTY may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. B) 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 Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Agenda Item No. 1686 July 28, 2009 Page 11 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 7 of 12 C) Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with 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. D) 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, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEPARTMENT, or its designee, 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. E) 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. F) 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 Department of Financial Services, 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. G) In addition to reviews of audits conducted in accordance with Fla. Stat. §215.97, as revised (see "AUDITS" below), monitoring procedures may include, but are not limited to, on -site visits by Department staff, limited scope audits 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 by the Department staff to the COUNTY regarding such audit. The COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FLORIDA DEPARTMENT OF TRANSPORTATION Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 2) STATE FUNDED A) Recipients of state funds (i.e. a non -state entity as defined by Fla. Stat. §215.97(2)(m)), are to have audits done annually using the following criteria: (i) In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project - specific audit for such fiscal year in accordance with F.S. §215.97, applicable rules of the Department of Financial Services and the CFO, Agenda Item No. 16136 July 28, 2009 Page 12 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 8 of 12 and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT I to this agreement indicates state financial assistance awarded through the DEPARTMENT by this agreement. 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 non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. (ii) In connection with the audit requirements addressed in paragraph (i) above, the recipient shall ensure that the audit complies with the requirements of Fla. Stat. §215.97(7). This includes submission of a financial reporting package as defined by Fla. Stat. §215.97(2)(d), and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. (iii)If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Fla. Stat. §215.97 is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Fla. Stat_ §215.97, the cost of the audit must be paid from the non -state 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). (iv) 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 making the award. 3) REPORT SUBMISSION A) Records to be submitted to DEPARTMENT by or on behalf of the recipient should be submitted to: Florida Department of Transportation Attn: Karen A. Miracola, District JPAILFA Coordinator 2295 Victoria Avenue, Suite 292W Fort Myers, FL 33901 (i) List of Records to be submitted to the DEPARTMENT include: (a) Copies of financial reporting packages required in the STATE FUNDED section 2 above of this agreement. (b) Copies of reports or the management letter required by the GENERAL REQUIREMENTS & MONITORING section 1)E) and I )F) above of this agreement. B) Records to be submitted to the State Auditor General's Office by or on behalf of the recipient should be submitted to: Agenda Item No. 1686 July 28, 2009 Page 13 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 9 of 12 Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 (i) List of Records to be submitted to the State Auditor General's Office include: (a) Copies of financial reporting packages required in the STATE FUNDED section 2 above of this agreement. IX. DEFAULT & TERMINATION 1) This Agreement may be canceled by either the COUNTY or the DEPARTMENT upon sixty (60) days written notice. 2) 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 terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. 3) In no event shall the making 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. 4) 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. 5) 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. X. MISCELLANEOUS 1) 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. 2) 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 Agenda Item No. 16136 July 28. 2009 Page 14 of 26 Catalog State Financial Assistance No. 55.026 FINANCIAL PROJECT 025477 -1 -58-01 COLLIER COUNTY Page 10 of 12 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. 3) 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. 4) 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. 5) 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. 6) 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 Fla. Stat. §287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Catalog State Financial Assistance No. 55.026 Agenda Item No. 16136 July 28, 2009 Page 15 of 26 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 11 of 12 IN WITNESS WHEREOF, COLLIER COUNTY has caused this Agreement to be executed in its behalf, by the Chairman of the Board of County Commissioners or its designee, as authorized by Resolution # ' and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: This Agreement shall become effective on: Department to enter date. ATTEST CLERK ATTEST COLLIER COUNTY, FLORIDA (SEAL) TITLE BAIiF PRINT NAME DATE COLLIER COUNTY LEGAL REVIEW: WA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXECUTIVE SECRETARY (SEAL) PRINT NAME DATE AVAILABILITY OF FUNDS APPROVAL: DATE DISTRICT SECRETARY OR DESIGNEE DISTRICT ONE PRINT NAME DATE FLA. DEPT. OF TRANS. LEGAL REVIEW: BY: DATE DATE Catalog State Financial Assistance No. 55.026 STATE RESOURCES Agency: Agenda item No. 16B6 July 28, 2009 Page 16 of 26 FINANCIAL PROJECT #425477 -1 -58-01 COLLIER COUNTY Page 12 of 12 EXHIBIT —1 Florida Department of Transportation Catalog of State Financial Assistance: Transportation Regional Incentive Program (55.026) Amount: Financial management #: Project description: COMPLIANCE REQUIREMENTS 425477- 1 -58 -01 CR 858 (Oil Well Road) from CR 846 (Immokalee Road ) to Everglades Boulevard 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. 3. The project must meet the minimum eligibility criteria Iisted 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 Fla. Stat. §21597(5)(a) require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Agenda Item No. 16136 July 28, 2009 Page 17 of 26 1211111111111111111 MERLM.&LAGMIKEEWNT FOX30MUP.MONAL M MO MO 2 1 TRANSPORTAVON n.&NINIING A" COOMPIATION BETWEEN -c n' M C: THE COLLIER COUNTY AND LEE CGVNTY K 11 POS rn M 80 9? MM This INTERLOCAL AGREEMENT (hereinafter the Agreement) is made and entered into as of January 27, 2004 by and between the Collier County Metropolitan Planning Organizati' (hereinafter the Collier County MPO) and the Lee County Metropolitan Planning Organi7afi& D :0 (hereinafter the Lee County MPO). C, n Whereas, the Lee County and Collier County Metropolitan Planning Organizations (MPOs) are cm the duly designated and constituted agencies responsible for carrfing, out the metropolitan G transportation planning and programming processes for the Cape Coral and Bonita Springs- M Naples Urbanized Areas; and Wbcn;as, the 2000 Census, while still idcntifyinp, distinct und separate Bonita Springs-Naples C: and Cape Coral Urbanized Areas, also determined that the Naples Urbanized Area had expanded into the metropolitan planning area of the Lee County NIPO to become the Bonita Springs- rn '0 Naples Urbanized Arcai and '_30 Whereas, the elected and appointed officials comprising the policy boards of the Collier County P MPO and the Lee County M11,0 rccolgnize the btcnefits ofreg !i oual Cooperation; and V_ Whereas, on October 17, 2002, at a joint aiect►ng, the members of the Collier County MPO and Lee Courity NTO voted unanimmisly for Aaff trot to parsue consolidntion of the NIPOS or alter IF41 their common metropolitan phtrtning are: i boiindnol; and Whereas, on October 17, 20021 at ajoint meeting, the rnen+K-.rs; of the Collier County MPO and 7 Lee County MPO voted unaniniously for staff to coordirmte transportation planning and policy activities in this bi-county region to promote regional transportation solutions and enhance over-all regional tTamIx)rtation system cfficiencv using a straightibnvard, resourceful fnUlhod; and Whereas, by Joint Resolution 2003-1 adopted, On February 14, 2003 by the Collier County &TO Wid on March 21, 2003 by the Lee County 1~Q10 the parties agreed that the MPOS would continue coordination efforts by having as rnenilm of each TYTO's staff serve as a voting membc.r of the other's technical advisory committee and by holding joint MPO policy board meetings at )east aiinually, and when necessary to resolve othar�Asa irresolvable differences; and Whereas, staff and policy board mcwbtrs fiord both the Collier County and Lee County Mpos also already coordinate regional tnmsporlation issues through participation in the Metropolitan Planning Organization Advisory Council (MPOAC), the District One Coordinated Urban Transportation Studies (CUTS) Comrnitue , arid the Southwest Florida Regional Planning Council (S%VFRPQ; and wa Interlocal Coordination Agreement betviaen Collier County and Lee County MPOs 7 Agenda Item No. 1686 July 28, 2009 Page 18 of 26 w Whereas, the Collier County and Lee County NTOs are currently cooperating in the development of a single bi- county travel demand model for use in the next updates of both their long range transportation plans, during which they have also agreed to evaluate the feasibility of a bypass of interstate 75 through south Lee raid western Collier Counties via State Roads 29 and 82; and ` perms, the Collier County MPO and Lee County MPO both received letters from the District One Secretary in October 2003 asking them to enter into a more formal interlocal agrc>emcnt to develop a joint long range transportation plan, joint regional priorities, a joint regional public involvement process, and a joint regional model, and specifying time frames for their completion; and Whereas, at their October 17, 2003 joint meeting, the Collier County and Lee County MPOs directed their staffs to develop such an agmementi NOW, THEREFORE, in consideration of the covenants made by each party to the other and of the mutual benefits to be realized by the parties hereto, the Collier County MPO and Lee County - MPO hereby agree as follows: Section X. Authority. This Interlocal Agreement is entered into pursuant to the general authority of Sections 339.175, Florida Statutes, relating to metropolitan planning organization, And 163.0 1, Florida Statutes, relating to intedocal agreements- Section 2. Purpose. The purpose of this Agreement is to promote and establish a forum for communication and coordination between the Collier County and ]Lee County MPOs and to foster joint regional cooperation and conduct regarding transportation planning in wcordance with Section 339.175, Florida Statutes, 23 C.F.1L 450.312, and the goals and requirements of the Transportation Equity Act for the 21't Century and its successor legislation. More speci-fically, this Agreement establishes the conututment by the parties to develop joint regional tr2al� rtiation planning products and processes for the bi- county region of Collier and Loo Counties and provides targeted tir¢ef3ames for the accomplishment of these products and procc sees. This Agreenicnt incorporates the provisions of and supersedes Joint Resolution 2003- 1 of the Collier County and Lee County WOs. Section 3. Staff - -level Coordination. Each party will appoint a representative of the other party's staff agency as a voting mcymber of its Technical Advisory Committee. Section d. Joint Meetings. Joint meetings of the governing boards of the Collier County and Lee County MPOs will be held at least annually_ Section 5. Planning Products and Timeframes. 'Me parties hereby agree to coordinate and collaborate in good faith and with due diligence to develop the following joint regional planning products by the target dates set out by each product described below: Interiocal Coordination Agreement between Collier County and Lee County MPOs Agenda Item No. 16136 July 28, 2009 Page 19 of 26 (a) Joint Regional Transportation Model The parties have Already commenced development of a bi -county model, using the: same consultant, to assist in the development and validation of this critical planning tool, which will first be used in the development of the two MPOs' 2030 long range transportation plans that arc targeted for adoption by December 2005. Completion of the initial model validation is anticipated by July 2004_ A standing joint Model Coordination Committee, comprising representatives of the Collier County MPO, Lee County MPO, Collier County Department of Transportation, Lee County Department of Transportation, Southwest Florida Regional Planning Council, and FDOT, has been formed to oversee and coordinate the development, validation, use, maintenance, and future improvernent of this model. The parties agree to continue to support and coordinate all travel demand modeling activities through this committee, which will continue to meet as needed to maintain and update die joint model. (b) Joint Regional Long Range Transportation Plan (LRTP) This will first involve identification and designation by the two MPOs of a Joint Regional Multi -Modal Transportation System as a component of cash MPO's LRTP. Specifically, this exercise will identify regionally significant corridors and facilities. This should be accomplished with adoption of an initial systern by both MPO governing boards by June, 2004. This initial system may subsequently be reconsidered and revised as necessary, at the request of eithcn MPO. During the early stages of each MPO's LRTi' update, the parties agree to identify whom improvements to the joint regional system may be needed, to propose and test appropriate alternative system improvements, and to agree upon a provisional joint regional long range transportation playa addressing thosc needs. The panics further agree to incorporate this provisional regional: plan in the updates of their own LRTPs, and to agree on any refinements or modifications to the regional plan that either MPO may wish to include in its LRTP prior to or concurrent with the adoption of their LRTPs. The final joint regional long range transportation plan shall be published in and adopted as part of each MPO's LRTP. Titre target date for adoption of the initial LRTPs thus coordinated is December 2005. The parties agree that subsequent amendments to their LRTPs affecting the joint regional long range transportation plan must be approved by both MPOs' governing boards. (c) Joint Regional Project Priorities Following the designation of the Joint Regional Multi -Modal 'transportation System in accordance with paragraph 3(b) above, the MPOs agree to adopt priorities for funding unprogrammed improvements Interiocai Coordination Agreement between Collier County and Lee County MPOs Agenda Item No. 1656 July 28, 2009 Page 20 of 26 on the identified Regional Muni -Modal Transportation System butt will be competing for state or federal funding within the next six fiscal years, and include said projects in the respective MPO's project priorities adopted in summer, 2004. The Joint Regional Project Priorities roust be adopted by each MPO's governing board. Either MPO governing board may require that the Joint Regional Project Priorities, be reconsidered at any tune. Starting with the 2005 update, each MVO's Project Priorities will be consistent with the identified Regional Priorities. This collaboration and the products developed will recur each subsequent year during the duration of this Agreement and will be a continuing obligation and commitment. (d) Joint Regional Public Involvement Process Component The parties will collaborate to develop and adopt a Joint Regional Public Involvement Component for inclusion iii each MVO's existing Public Involvement flan. This Joint Regional Component will prescribe public notice and outreach actions and measures to assure public access and involvement for all joint regional activities including development of the Joint Regional long Mange Transportation Plan component and annual regional priority list within the bi -county area_ This Joint Regional Component wil I be adopted by each MPO as plait of its 2004 annual Public Involvement Plan update. Section 6. Staff Services and Costs. The directors and staf s of each MPO will be responsible far development of the joint regional products identified in this Agreement, subject to review and fmal approval by each MPO goveming board. In this regard, each MPO will cooperate to assign and share equitably the needed staff resources to accomplish these regional efforts as specified in their respective Unified. Planning Work Programs ('UPWP). Similarly, significant non - staff- services costs for the joint regional efforts and products identified in this Agreement will be split between the parties in proportion to their allocations of FHWA planning funds_ The parties awe, as may be necessary in order to carry out the terms and commitments of this Agreement, to cooperate in seeking federal, state and local funding for the joint regional products to be developed. St ction i. Conflict Resolution. The parties to this Agreement concur that if an issue is otherwise irresolvable, their staffs will organize a joint meeting of the MPO governing boards to resolve said matter. If the parties are unable to resolve the issue at the joint meeting, they agree to submit the issue to the Southwest Florida Regional Planning Council for non - binding arbitration. Notv4thstartding any such resolution process, the parties to this agrement do not waive their respective rights to seek declaratory judgment as provided in Chapter 86, Florida Statutes. Section 8. Duration of Agreement. ins Agreement shall have an initial termi of five (5) years, commencing on the date first above written, and shall automatically renew at the end of five (5) years for an additional five (5) -year term and every five years thereafter unless terminated or rescinded asset out in Section 10, herein_ Prior to the end of each five (5)-year Intedocal Coordination Agreement between Collier County and Lee County MPOs Agenda Item No. 1686 July 28, 209 Page 21 o326 term, the panties shall reexamine the tarns hereof for possible amendment. However, the failure to amend or reaffirm the terms of this Agreement shall not invalidate or otherwise terminate this Agreement. Section 9. Modification. This Agreement may be modified at any time, but only by a new or addendum intcrlocal agreement duly signed by both panics. 1 - Seetaan 10. termina bou- Rescission. Thss Ageemcrit shat continue in force unle.5s terminated with or without cause by either party by providing thirty (30) days written notice to a the other parity. Section 11. Liability. The parties ogee that nothing created or contained in this Agreement shall be construed, interpreted or inferred to establisb any joint Lability amongst or between one or more of the parties by the actions or omissions of its individual employees or agents acting pursuant to the terms of this Agreement. In this regard, each party agrees that it shall be solely responsible and bear its own cost of defending any claim or litigation arising out of the acts or omissions of its employees or agents for actions or omissions in carrying out the terms and provisions of this Agreement. Finally, pursuant to Section 768.28, Florida Statutes each party agrees to indemnify, hold harmless and defend the other party against any claims or causes of action based upon the individual acts or omissions of its employees or agents. _ Section 12. Notice. Any notice provided for herein, including the written notice referenced in Section 10 above, shall be provided by Certified Mail, itetum Reocipt Requested, >� to the other party's representatives listed below at the following addresses: Collier County MPO TArmlor Lee Coitnty MPO Staff Director Collier County MPO LCO County MPO 2675 Horseshoe Drive Soutb P.O. Box 3455 Naples, Florida 34104 North Fort Myers, Florida 33918 Notice shall be deemed "=iver3 on the first busivaess day following actual receipt of the notice. The panties will promptly notify the other in writing of any change to their regiective addresses. 73 As requirrd by Section 163.01(1)), Florida Statutes, this Interloral Agompent and all facture amendments hereto shall be filed with the Clerks of the Circuit Courts of Collier and Lee Counties, Florida. Lff }ntedocal Coordination Agreement between Collier County and Lee County MPOs Agenda item No. 1686 July 28, 2009 Page 22 of 26 IN WTTNESS WHEREOF, the parties herein have executed tWs Agreement by their duly authorized officials as of the day and year written below. j4LOCUhairperson collier ctoynty MPO Date: e a WY oor e o0 0%562 DCPFM Jtme 30, Zoos Tammy Ball, C Lee County O Date Attest: (j je O. KimbMV R Hann �� r�a«,00zsuea w n Ex�nres fie{ oo 2067 ►nterlocal Coordination Agreement between Collier County and Lee County MPOs Agenda Item No. 1666 July 28, 2009 tj cupozed 4 8 12 16 Agenda Item No. 16136 July 28, 2009 Page 24 of 26 4 _ r M s41 '' i'i4i�3PCi A1C3i „Wb K— T RA r ” .. .may gg F r }} Agenda Item No. 16B6 July 28, 2009 age o P 25 f 26 fA, e tro Pkwy FwAer S,,— Cnionial Blvd, tj i=irit Ordkr ftwlio-PAI Ljnr Future Rcod Afjgnrn"ts Wes ii 4 15 12 16 Agenda Item No. 1686 July 28, 2009 Page 26 of 26 RESOLUTION 2009- A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, MEMORIALIZING THE BOARD'S APPROVAL OF A TRANSPORTATION REGIONAL INCENTIVE PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION THAT PROVIDES SIX MILLION DOLLARS IN STATE FUNDING FOR IMPROVEMENTS TO OIL WELL ROAD FROM IMMOKALEE ROAD TO EVERGLADES BOULEVARD UNDER FM # 425477- 1 -58 -01 AND AUTHORIZING THE BOARD'S CHAIRMAN TO EXECUTE THE AGREEMENT. WHEREAS, at the July 28, 2009, meeting of the Board of County Commissioners the Board approved the execution of a Transportation Regional Incentive Program ( "TRIP ") with the Florida Department of Transportation ( "FDOT ") that provides six million dollars in State funding for improvements to Oil Well Road from Immokalee Road to Everglades Boulevard under FM # 425477- 1 -58 -01 and authorized the Board's Chairman to execute the TRIP agreement with FDOT; and WHEREAS, the FDOT requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the TRIP agreement and authorization for the Chairman to execute the JPA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On July 28, 2009, the Board of County Commissioners approved by majority vote the TRIP agreement and authorized its Chairman to execute that agreement. A certified copy of this Resolution is to be forwarded to FDOT along with the executed TRIP agreement. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form an sufficiency: Scout R. Teach, Deputy County Attorney DONNA FIALA, CHAIRMAN