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Agenda 12/14/2021 Item #16A20 (FY21-22 FTA Section 5310 Grant Award Contract for CAT)12/14/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the FY21-22 Federal Transit Administration (FTA) Section 5310 Grant award contract for the Collier Area Transit (CAT) system and the Transportation Disadvantaged Program in the amount of $250,641 (Transit Grant Match Fund 429), authorize the necessary Budget Amendment, and authorize the County Manager or designee to execute any and all documents necessary to receive the award. OBJECTIVE: To leverage federal and state grant funds to enhance the Collier Area Transit (CAT) system and the Transportation Disadvantaged Program. CONSIDERATIONS: On December 8, 2020, the Board of County Commissioners (Board) approved the submittal of an FY21-22 FTA Section 5310 grant application. This application requested $260,541 for the purchase of three (3) replacement vehicles and three (3) two-way radios and three (3) tablets for the vehicles. The paratransit system maintains a capital replacement schedule for vehicles recommended and scheduled for replacement by Fleet Management. The grant application requested vehicles be replaced that have met the FTA's vehicle end of useful life criteria and are identified in the Vehicle Replacement Plan in the 2018 Transportation Disadvantaged Service Plan Major Update. On October 20, 2021, Public Transit & Neighborhood Enhancement (PTNE) was notified via e-mail that the Florida Department of Transportation District One (FDOT) had selected the Board as a State Fiscal Year 2021/2022 grant award recipient under the FTA Section 5310, "Enhanced Mobility of Seniors, and Individuals with Disabilities" program. FDOT has fully funded the Boards' request with the understanding that the FY 2021 Section 5310 Program of Projects has been awarded by FTA. The attached agreement is for the vehicles only. A separate Joint Participation Agreement for the radios and tablets in the amount of $9,900 will be forthcoming and taken to the Board for approval at a future date. PTNE intends to purchase vehicles in FY22 through the FDOT Vehicle Procurement Program, a State of Florida contract, which assists transit agencies with technical assistance, offers guidelines for vehicle procurement, and provides opportunities to replace specific eight and twelve passenger transit vehicles (known as "cutaways") at the lowest possible prices. Each year the Florida Vehicles Procurement Program (FVPP) assists transit agencies in purchasing transit vehicles in the most economical way possible. This procurement program is managed by FDOT and administered by the Center for Urban Transportation Research. The purchase of vehicles will be made through the FVPP contract. The FVPP contract was authorized for use by the Board on September 8, 2015, (Agenda Item #16E5); this Board action authorized the County Manager to use State of Florida contracts, agreements, and price lists for the efficient purchase of goods and services for the delivery of public services, which is consistent with the County's Purchasing Ordinance. The FTA Section 5310 capital grant program awarded $200,513 and requires a twenty percent (20%) match for a total of $50,128. The pass -through agency of the federal funding, FDOT, provides fifty percent (50%) of the match requirement. As such, the match component of $25,064 (10%) of State funding and $25,064 (10%) of Local funding for a total project cost of $250,641. The County is required to write a purchase order equaling ten percent (10%) of the total cost of the vehicles. The remaining ninety percent (90%) of the total cost of the vehicles is covered by purchase orders written by FDOT using the awarded FTA FY21-22 5310 grant funds. FISCAL IMPACT: The total FTA 5310 award passed through FDOT totals $250,641 as shown below: Packet Pg. 1064 12/14/2021 Description Award Total Federal Award State Match 10% Local Match 10% 80% (3) Cutaways 1 $250,641 1 $200,513 $25,064 $25,064 A budget Amendments is required within Transportation Disadvantaged Match Fund (429) in the amount of $25,064 Project 33791. Matching funds are available from vehicle auction proceeds. Note that only the local match portion for vehicles of ten percent (10%) or ($25,064) is appropriated due to the mandated use of the FVPP in which FDOT pays the vendor directly for the federal and state match shares. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Item. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires majority vote for Board action. -JAB RECOMMENDATION: To approve and authorize the Chairman to sign the FY21-22 FTA Section 5310 Grant award contract in the amount of $250,641, authorize the necessary Budget Amendment, and authorize the County Manager or designee to execute any and all documents necessary to receive the award. Prepared By: Joshua Thomas, Operations Analyst, Community & Human Services Division ATTACHMENT(S) 1. Grant Agreement CAO Stamped(PDF) Packet Pg. 1065 16.A.20 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.20 Doe ID: 20552 Item Summary: Recommendation to approve and authorize the Chairman to sign the FY21-22 Federal Transit Administration (FTA) Section 5310 Grant award contract for the Collier Area Transit (CAT) system and the Transportation Disadvantaged Program in the amount of $250,641 (Transit Grant Match Fund 429), authorize the necessary Budget Amendment, and authorize the County Manager or designee to execute any and all documents necessary to receive the award. Meeting Date: 12/14/2021 Prepared by: Title: Operations Analyst — Community & Human Services Name: Joshua Thomas 11/03/2021 11:37 AM Submitted by: Title: Division Director - Pub Tran & Nbrhd Enh — Public Transit & Neighborhood Enhancement Name: Michelle Arnold 11/03/2021 11:37 AM Approved By: Review: Community & Human Services Joshua Thomas Additional Reviewer Community & Human Services Joshua Thomas Additional Reviewer Growth Management Department Lissett DeLaRosa Growth Management Department Communications, Government, and Public Affairs Lisa Weinmann Public Transit & Neighborhood Enhancement Michelle Arnold Community & Human Services Maggie Lopez Additional Reviewer Growth Management Department James C French Growth Management County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Grants Valerie Fleming Level 2 Grants Review Growth Management Department Trinity Scott Transportation Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Skipped 11/03/2021 11:33 AM Skipped 11/03/2021 11:33 AM Completed 11/03/2021 11:54 AM Additional Reviewer Completed Director Review Completed Completed 11/08/2021 6:01 PM Skipped 11/08/2021 10:16 PM Completed 11/09/2021 9:26 AM Completed 11/15/2021 10:55 AM Completed 11/15/2021 11:55 AM Completed 11/15/2021 1:42 PM Completed 11/16/2021 2:30 PM Completed 11/17/2021 8:32 AM Completed 11/22/2021 9:20 AM Completed 12/03/2021 2:54 PM Packet Pg. 1066 12/14/2021 Board of County Commissioners Geoffrey Willig Meeting Pending 12/14/2021 9:00 AM Packet Pg. 1067 16.A.20.a FDOT Florida Department of Transportation RON DESANTIS 801 N. Broadway Avenue KEVIN J. THIBAULT, P.E. GOVERNOR Bartow, FL 33830 SECRETARY NOTICE OF FTA SECTION 5310 GRANT AWARD FL-16-0046 / FFY 2021 / SFY 2021/2022 Based on the Agency's Application for Federal Assistance under 49 U.S.C. Section 5310, "Enhanced Mobility of Seniors and Individuals with Disabilities" program, which was due to the Florida Department of Transportation (FDOT), District One Modal Development Office (Department) on or before December 14, 2020 and is on file at the FDOT, District One, 801 North Broadway Avenue, Bartow, Florida 33830 offices, the Department hereby makes the following federal grant award under the 49 U.S.C. Section 5310 Program to: Collier County Board of County Commissioners (Subrecipient) Bonita Springs UZA 8300 Radio Road, Naples, FL 34104 Estimated Estimated Estimated Estimated Description Total Federal State Local 100% 80% 10% 10% (3) Bus < 30 Feet $250,641.00 $200,513.00 $25,064.00 $25,064.00 TOTAL $250,641.00 $200,513.00 $25,064.00 $25,064.00 Financial Management Number: 435210-1-93-18 Federal Award Identification Number (FAIN): Temp. No. 1001-2022-1 * Perm No. Agency's DUNS Number 076997790 Agency's Federal Employee Identification No. (FEIN) 59-6000558 Agency's Fiscal Year October -September (month to month Permanent FAIN number will be assigned to this award after its execution and will be copied to Subrecipient. ACCEPTANCE OF GRANT AWARD The undersigned accepts the above -described award and: a) The Subrecipient reaffirms its assurances to Federal Transit Administration (FTA) and FDOT as stated in Exhibits I, L, and M of its application. b) The Subrecipient agrees to use and maintain the grant awarded equipment in accordance with the federal and state program requirements, and for the services described, in its approved application. c) The Subrecipient agrees to comply with all applicable civil rights statutes and implementing regulations. d) The Subrecipient agrees to contact the FDOT Contractor, Lazara Stinnette, at the Center for Urban Transportation Research (CUTR), Florida Transit Research Inspection and Procurement Services (TRIPS) at 813-974-0695 to arrange purchase of the above items. This purchase will follow the Department's Guidelines for Acquiring Vehicles and Equipment. e) The Subrecipient must do the following PRIOR to the purchase of EQUIPMENT: 1) Follow FDOT Procurement Guidance for Transit Agencies manual, as amended, and complete the appropriate Third -Party Checklist in accordance with the procurement threshold, as outlined in the Introduction, and submit to your FDOT Transit Projects Coordinator for review. Once the Agency has received applicable FDOT Third -Party Procurement concurrence from their FDOT Transit Projects Coordinator, they may purchase equipment. 2) For reimbursement from the Department, provide a Reimbursement Invoice, an Agency Invoice, signed Third -Party Procurement Checklist and proof of purchase and payment (such as merchant receipt) to your FDOT Transit Projects Coordinator. Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov Packet Pg. 1068 16.A.20.a 3) All concurrences and documentation noted in Items e) 1 and 2 must be completed and submitted to your FDOT Transit Projects Coordinator on or before April 15th. The FDOT Transit Projects Coordinator will then forward approval to Lazara with CUTR to request reimbursement. If this deadline is not met, funds will be moved into future fiscal years. f) The Subrecipient MUST request purchase of the VEHICLES on or before April 15, 2022. g) The Subrecipient agrees to submit the local matching funds when requested to do so. h) The Subrecipient, if it is not a Community Transportation Coordinator (CTC), agrees to submit its Annual Operating Report (AOR) data to the CTC as requested. i) The Subrecipient will forward a copy of its maintenance plan as outlined in their Transportation Operating Plan (TOP) or System Safety Program Plan (SSPP) to Ms. Dale Hanson within 30 days of receiving the vehicle, if you have not already done so. j) The Subrecipient is required to insure the vehicles. The Department shall be named as "certificate holder" on the insurance policy throughout the time period the Department is the only lien holder. The Subrecipient shall be required to submit proof of insurance showing minimum coverage and the Department listed as "certificate holder" within 30 days of receiving the vehicle and provide proof of insurance yearly. SPECIAL CONSIDERATIONS: E-Verify - Vendors/Contractors: 1. Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Single Audit Information Exhibit 1 and Exhibit 2 to this Notice Of Grant Award provide the required federal award identification and information needed to comply with the single audit requirements. Please note this award is for a passenger vehicle(s) and/or other capital equipment/costs. The value of the federal award should be considered as non - cash assistance. A non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and 2 CFR Part 200, thereafter, as a recipient of this Federal award, may be subject to the audit requirements established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and 2 CFR Part 200, thereafter. In determining Federal awards expended in a fiscal year, the non -Federal entity must consider all sources of Federal awards, including non -cash contributions. To be signed by the Subrecipient and returned to the FDOT District One Office (To be completed and signed by the person authorized to accept Grant Awards.) AGENCY: Collier County Board of County Commissioners (Name) Accepted by: (Signature) Typed Name and Title: Penny Taylor, Chairperson FLORIDA DEPARTMENT OF TRANSPORTATION Award Approved by: Date Federal Award Date: Typed Name and Title: Paul A. Simmons District Modal Development Administrator ATTEST Improve Safety, Enhance Mobility, Inspire Innovation CRYSTAL K. KINZEL, CLERK www.fdot.gov Approved as to form and le lit -Page 2 of 5 2 Packet Pg. 1069 Assistant County Attorney BY 16.A.20.a EXHIBIT 1 Federal Financial Assistance FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No. 20.513 CFDA Title Enhanced Mobility of Seniors and Individuals with Disabilities CFDA Program Site www.cfda.gov Awarding Agency Florida Department of Transportation Award Amount REFER TO THE VEHICLE/EQUIPMENT DELIVERY NOTICE PACKAGE FOR ACTUAL PURCHASE PRICE Research & Development Not Applicable*" Indirect Cost Rate Not Applicable L "Research and Development as defined at §200.87, 2 CFR Part 200 a 0 M FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE Q FOLLOWING AUDIT REQUIREMENTS: U_ 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov N LO 0 N FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Q. 49 USC 5310: Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities http://uscode.house.qov/view.xhtmI?reg=.qranuleid: USC-prelim-title49- section5310&num=0&edition=prelim FTA Circular 9070.1G: Enhanced Mobility of Seniors and Individuals with Disabilities Program Guidance and Application Instructions www.fta.dot.gov/leqislation law/12349.html Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov Page 3 of 5 Packet Pg. 1070 16.A.20.a EXHIBIT 2 Single Audit Requirements The administration of resources awarded through the Department to the Subrecipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Subrecipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b. The Subrecipient, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a recipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Subrecipient must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit 1 to this Agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. J. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Subrecipient is exempt from Federal audit requirements for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov L 3 a 0 M LO a U_ N LL N LO LO 0 N Page 4 of 5 rid Packet Pg. 1071 16.A.20.a iv. The Subrecipient must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(o)-dot.state. fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. Within six months of acceptance of the audit report by the FAC, the Department will review Subrecipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSin.gleAudit(a)dot.state.fl.us The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov L c� 3 Q 0 r M LO Q U_ N N Ln LO 0 N Page 5 of 5 t Packet Pg. 1072