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Agenda 09/12/2023 Item #16B 5 (Local Match agreement for MPO for Safe Street and Roads for All Safety Action Plan Grant.)09/12/2023 EXECUTIVE SUMMARY Recommendation to approve a Local Match Agreement with the Collier Metropolitan Planning Organization (the “MPO”) to provide matching funds for the Safe Streets and Roads for All (“SS4A”) Safety Action Plan Grant. OBJECTIVE: To secure local matching funds to receive an SS4A grant from the United States Department of Transportation (“USDOT”) to develop a comprehensive Safety Action Plan. CONSIDERATIONS: SS4A is a new competitive grant program administered by the USDOT under the authority of the Infrastructure Investment and Jobs Act (Public Law 117-58). The purpose of SS4A grants is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries for all users through the development and implementation of a safety action plan. The SS4A program provides funding for two types of grants: Action Plan Grants and Implementation Grants. Action plan grants are used to develop a comprehensive Safety Action Plan (“SAP”). With USDOT’s acknowledgement of an SAP, member governments become eligible to submit applications for an Implementation Grant. Implementation grants are available to implement strategies or projects that are consistent with the existing Action Plan. On September 9, 2022, the MPO approved the filing of an SS4A action plan grant application for $200,000 in federal funds and $50,000 in local matching funds for a total amount of $250,000. On September 13, 2022, the County approved contributing $40,000 towards meeting the local matching funds requirement subject to the MPO contributing the remaining $10,000 in local funds, with the condition that the parties enter into an agreement with deliverables should the grant be awarded prior to acceptance of the grant by the MPO. The Florida Division o f the Federal Highway Administration (“FHWA”) notified the MPO on February 23, 2023, that the USDOT selected the MPO to receive an SS4A action plan grant subject to the MPO entering into a formal Agreement with the FHWA. The Local Match Agreement memorializes the agreed upon terms and conditions pertaining to the County’s and MPO’s financial contributions for the SS4A action plan grant and establishes the FHWA approved Comprehensive Safety Action Plan as the MPO’s deliverable. The MPO Board is expected to approve the grant agreement and the Local Match Agreement at its schedule September 8, 2023, meeting. FISCAL IMPACT: Funding will be approved and appropriated at a future Board meeting upon receipt of an executed grant agreement. The total award of the grant is $250,000 of which $200,000 is allocated through FHWA to the MPO. The required recipient share of 20% ($50,000) is available in the Growth Management Transportation Capital Fund (3081) and MPO Grants Fund (1809) in the amount of $40,000 and $10,000 respectively. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SRT GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County’s Growth Management Plan. RECOMMENDATION: Recommendation to approve and authorize the Chairman to sign the Local Match Agreement between the County and MPO. Prepared by: Sean Kingston, AICP, CFM, Principal Planner ATTACHMENT(S) 1. Local Match Agreement (PDF) 2. SS4A Grant Agreement (PDF) 16.B.5 Packet Pg. 633 09/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.5 Doc ID: 26284 Item Summary: Recommendation to approve a Local Match Agreement with the Collier Metropolitan Planning Organization (MPO) to provide matching funds for the Safe Streets and Roads for A ll (SS4A) Safety Action Plan Grant. Meeting Date: 09/12/2023 Prepared by: Title: Senior Planner – Metropolitan Planning Organization Name: Sean Kingston 08/07/2023 3:22 PM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 08/07/2023 3:22 PM Approved By: Review: Metropolitan Planning Organization Anne McLaughlin Additional Reviewer Completed 08/07/2023 3:28 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 08/08/2023 10:44 AM Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 08/14/2023 7:58 AM Transportation Management Operations Support Brandy Otero Additional Reviewer Completed 08/29/2023 10:40 AM Transportation Management Services Department Trinity Scott Transportation Completed 08/29/2023 4:15 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 08/30/2023 9:51 AM Grants Erica Robinson Level 2 Grants Review Completed 08/30/2023 10:39 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/30/2023 10:45 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/31/2023 10:24 AM Grants Therese Stanley Additional Reviewer Completed 08/31/2023 1:16 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 09/01/2023 8:43 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/06/2023 2:23 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM 16.B.5 Packet Pg. 634 16.B.5.a Packet Pg. 635 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 636 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 637 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 638 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 639 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 640 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 641 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 642 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 643 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 644 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 645 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 16.B.5.a Packet Pg. 646 Attachment: Local Match Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 1 of 11 1. Award No. 693JJ32340448 2. Effective Date See No. 17 Below 3. Assistance Listings No. 20.939 4. Award To Collier Metropolitan Planning Organization 2885 South Horseshoe Dr. Naples, FL 34104-6130 Unique Entity Id.: CNWJY78LD581 TIN No.: 59-6000558 5. Sponsoring Office U.S. Department of Transportation Federal Highway Administration Office of Safety 1200 New Jersey Avenue, SE HSSA-1, Mail Drop E71-117 Washington, DC 20590 6. Period of Performance 27 months from Effective Date of Agreement. 7. Total Amount Federal Share: Recipient Share: Other Federal Funds: Other Funds: Total: $200,000 $50,000 $0 $0 $250,000 8. Type of Agreement Grant 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117–58, November 15, 2021; also referred to as the “Bipartisan Infrastructure Law” or “BIL”) 10. Procurement Request No. HSSP230267PR/000001 11. Federal Funds Obligated $200,000 12. Submit Payment Requests To See article 20. 13. Payment Office See article 20. 14. Accounting and Appropriations Data 15X0173E50.0000.055SR10500.5592000000.41010.610066 00.0000000000.0000000000.0000000000.0000000000 15. Description of Project Collier MPO Comprehensive Safety Action Plan RECIPIENT 16. Signature of Person Authorized to Sign ___________________________________ Signature Date Name: Greg Folley Title: MPO Chair FEDERAL HIGHWAY ADMINISTRATION 17. Signature of Agreement Officer ______________________________________ Signature Date Name: Robert M. McNamara Title: Agreement Officer 16.B.5.b Packet Pg. 647 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 2 of 11 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the [United States Department of Transportation (the “USDOT”)] [Federal Highway Administration (the “FHWA”) and the Collier Metropolitan Planning Organization (the “Recipient”). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Collier MPO Comprehensive Safety Action Plan. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA SS4A the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 16.B.5.b Packet Pg. 648 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 3 of 11 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Collier MPO Comprehensive Safety Action Plan Application Date: 09/15/22 2.2 Award Amount. SS4A Grant Amount: $200,000 2.3 Award Dates. See Section 6 on page 1 2.4 Budget Period See Section 6 on page 1 2.5 Action Plan Grant or Implementation Grant Designation. Designation: Action Plan 2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1. ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project’s Statement of Work. The Collier MPO is partnering with its member governments – Collier County and the cities of Naples, Marco Island and Everglades City – to develop a Comprehensive Safety Action Plan that supports the MPO’s and FDOT’s Vision Zero goals, provides a framework to reduce fatalities and serious injuries on roadways, and improves the safety, health, and well-being of residents and visitors. The Action Plan will address all roadway users, including pedestrians, bicyclists, public transportation, personal conveyance and micromobility users, motorists, and commercial vehicle operators. The Plan will include the following components developed in accordance with program guidance: Leadership Commitment & Goal Setting; Planning Process & Structure (Committee & Board Meetings): Safety Analysis; and Public Engagement & Collaboration; Equity 16.B.5.b Packet Pg. 649 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 4 of 11 Considerations; Policy & Process Changes; Strategies & Project Selection: Monitoring Progress & Ensuring Transparency. 3.2 Project’s Estimated Schedule. ACTION PLAN SCHEDULE Milestone Schedule Date Planned Draft Action Plan Completion Date: 12/13/24 Planned Action Plan Completion Date: 5/19/25 Planned Action Plan Adoption Date: 9/12/25 Planned SS4A Final Report Date: 9/19/25 3.3 Project’s Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $200,000 Other Federal Funds: $0 State Funds: $0 Local Funds: $50,000 In -Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $250,000 (b) Supplemental Estimated Budget Cost Element Federal Share Non-Federal Share Total Budget Amount 16.B.5.b Packet Pg. 650 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 5 of 11 Direct Labor $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual/Consultant $200,000 $50,000 $250,000 Other $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 Total Budget $200,000 $50,000 $250,000 (c) Cost Classification Table -Implementation Grants Only ARTICLE 4 RECIPIENT INFORMATION 4.1 Recipient’s Unique Entity Identifier. CNWJY78LD581 4.2 Recipient Contact(s). Anne McLaughlin Executive Director Collier MPO 2885 South Horseshoe Drive Naples, FL 34104-6130 239-252-5884 Anne.McLaughlin@colliercountyfl.gov 4.3 Recipient Key Personnel. Name Title or Position Sean Kingston Dusty May Siegler Principal Planner Senior Planner 4.4 USDOT Project Contact(s). Darren Thacker Safe Streets and Roads for All Program Manager 16.B.5.b Packet Pg. 651 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 6 of 11 Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 (202) 366-6409 Darren.Thacker@dot.gov and Ashley Cucchiarelli Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management 12300 West Dakota Avenue Suite 390 Lakewood, CO 80228 720-963-3589 Ashley.cucchiarelli@dot.gov and Ashley Cucchiarelli Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management 12300 West Dakota Avenue Suite 390 Lakewood, CO 80228 720-963-3589 Ashley.cucchiarelli@dot.gov and Carlos A. Gonzalez Agreement Officer’s Representative (AOR) FHWA FL Division 3500 Financial Plaza, Suite 400 (850) 552-2202 Florida.FHWA@dot.gov and Carlos A. Gonzalez Florida Division Office Point of Contact Transportation Planning Specialist 3500 Financial Plaza, Suite 400, Tallahassee, FL 32312 16.B.5.b Packet Pg. 652 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 7 of 11 (850) 553-2221 carlos.a.gonzalez@dot.gov ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to Action Plan Grants. Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/sub - recipient. Consent to enter into subawards or contracts will be i ssued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment) 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. 16.B.5.b Packet Pg. 653 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 8 of 11 (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative (the “AOR”) reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management US Department of Transportation, Office of Financial Management B-30, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or DOTElectronicInvoicing@dot.gov. If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to: DOT/FAA P.O. Box 268865 Oklahoma City, OK 73125-8865 Attn: Agreement Specialist (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. 16.B.5.b Packet Pg. 654 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 9 of 11 ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement]. 6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website. 6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.4 There are no other special grant requirements for this award. 16.B.5.b Packet Pg. 655 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 10 of 11 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: Collier County Baseline Measurement Date: 1/30/24 Baseline Report Date: 2/28/24 Table 1: Performance Measure Table Measure Category and Description Measurement Frequency Equity Percent of Funds to Underserved Communities: Funding amount (of total project amount) benefitting underserved communities, as defined by USDOT End of period of performance Costs Project Costs: Quantification of the cost of each eligible project carried out using the grant End of period of performance Lessons Learned and Recommendations Lessons Learned and Recommendations: Description of lessons learned and any recommendations relating to future projects of strategies to prevent death and serious injury on roads and streets. End of period of performance 16.B.5.b Packet Pg. 656 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO) 11 of 11 ATTACHMENT B CHANGES FROM APPLICATION INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1. Scope: N/A Schedule: N/A Budget: N/A The table below provides a summary comparison of the project budget. Fund Source Application Section 3.3 $ % $ % Previously Incurred Costs (Non-Eligible Project Costs) Federal Funds Non-Federal Funds Total Previously Incurred Costs Future Eligible Project Costs SS4AFunds Other Federal Funds Non-Federal Funds Total Future Eligible Project Costs Total Project Costs 16.B.5.b Packet Pg. 657 Attachment: SS4A Grant Agreement (26284 : Recommendation to approve a Local Match Agreement with the Collier MPO)