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Resolution 2013-030 RESOLUTION 2013- 3 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF THE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE PLANNING, DESIGN, SITE DEVELOPMENT,AND/OR CONSTRUCTION EXPENSES FOR THE COLLIER AREA TRANSIT (CAT) INTERMODAL TRANSFER FACILITY TO BE LOCATED AT THE COLLIER COUNTY GOVERNMENT CENTER AND AUTHORIZING ITS CHAIRWOMAN TO SIGN THAT AGREEMENT AT THE FEBRUARY 12,2013 MEETING. WHEREAS, at the February 13, 2013, meeting of the Board of County Commissioners the Board approved a Supplemental Joint Participation Agreement (the "JPA") with the Florida Department of Transportation pertaining to the planning, design, site development, and/or construction expenses for the Collier Area Transit (CAT) Intermodal Transfer Facility to be located at the Collier County Government Center (Financial Project No. 420353-1-94-01) and authorized the Board of County Commissioners, through its Chairwoman, to enter into the Supplemental JPA with the Florida Department of Transportation; WHEREAS, the Florida Department of Transportation requires the Board provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the agreement and authorize the Chairwoman to execute the JPA;and WHEREAS, the Board of County Commissioners has the authority to enter into a JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341,Florida Statutes and/or by the Florida Transit Administration Act of 1964,as amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: On February 12, 2013, the Board of County Commissioners approved by majority vote the JPA(Financial Project No. 420353-1-94-01)and authorized its chairwoman to enter into that agreement with the FDOT. 1 A certified copy of this Resolution will be forwarded by the Collier County Clerk to the FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 1211 day of February 2013. _, A FfEST: .,. BOARD OF CO TY COMMISSIONERS DWIGHT.. R K,CLERK COL ,1 R 0 Y, FLORIDA PI i 4 By Depu. ';lf h G-'�gi. r.� .11er,Esq. M� `` Chairwoman • das;o tb . 's ' cis 1 • r1 a•tt R. Teach, Deputy County Attorney 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 06/11 SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page t of 5 Number Two Financial Project No.: Fund: 010 FLAIR Category: 088792 420353-1-94-01 Function: 639 Object Code: 750014 (Item-segment-phase-sequence) Federal No.: N/A Org. Code: 55012020129 Contract No.: APF60 DUNS No.: 076997790 Vendor No.: F59600055804 Catalog of Federal Domestic Assistance Number: N/A Catalog of State Financial Assistance Number: 55014 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3299 East Tamiami Trail, # 103; Naples, Florida 34104 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 29th day of June , 2009 , entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment"A"appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment"A" for a total Department Share of 1,300,000.00 NOW,THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended There is no change to the project description which is, "to provide for the Department's participation in the Agency's eligible costs related to the planning, design, site development, and/or construction expenses of a transit intermodal transfer center for the Collier Area Transit on property located at the Government Center." 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 2 of 5 2.00 Project Cost: Paragraph 3.00 of said Agreement is ❑ increased/❑ decreased by$0.00 bringing the revised total cost of the project to $2,600,000.00 Paragraph 4.00 of said Agreement is ❑ increased/❑decreased by$0.00 bringing the Department's revised total cost of the project to$1,300,000.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment"A". 4.00 Contract Time: Paragraph 18.00 of said Agreement July 31, 2013 5.00 E-Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 3 of 5 Financial Project No. 420353-1-94-01 Contract No. APF60 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 6/29/2009 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT Collier County Board of County Commissioners See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller Geor• .a A. H• ller, Esq. SIGNAT..' ' TEr O' TYPED) LEGAL REVIEW I i DEPARTMENT OF TRANSPORTATION SIGNATU1 Chris Smith DEPARTMENT OF TRANSPORTATION Chairwoman TITLE TITLE ATTEST DWIGHT , .013,9CK, CLERK BY: i'. , . . ,., ■ ,..4 n . -as ilk- i }a. Appro r d ,0 i.. ,r; & g• sufficiency Deputy County Attorney 725-030-07 PUBLIC TRANSPORTATION 06/11 Page 4 of 5 Financial Project No. 420353-1-94-01 Contract No. APF60 Agreement Date ATTACHMENT"A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Board of County Commissioners 3299 East Tamiami Trail, # 103: Naples, Florida 34104 dated . DESCRIPTION OF SUPPLEMENT(Include justification for cost change): The purpose of this Supplemental JPA is to change the composition of the local contribution, from "11% In-Kind, $ 281,000.00 and 39%Value of the real estate, $1,019,000.00" to, "3% In-Kind, $ 75,150.00, and, 8% Cash, $205,850.00 and, 39%Value of the real estate, $1,019,000.00." This does not impact the total cost of the contract. I. Project Cost: As Approved As Amended Net Change $2,600,000.00 $2,600,000.00 $0.00 Total Project Cost $2,600,000.00 $2,600,000.00 $0.00 II. Fund Participation: As Approved As Amended Net Change Department: $1,300,000.00 $1,300,000.00 $0.00 Agency: $1,300,000.00 $1,300,000.00 $0.00 Other: Total Project Cost $2,600,000.00 $2,600,000.00 $0.00 Comments: 725-030-07 PUBLIC TRANSPORTATION 06111 Page 5 of 5 III. MULTI-YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY FY Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Financial Management Project Number: 420353-1-94-01 Contract Number: APF60 Collier: Government Center Intermodal Hub EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,Department of Transportation and the Collier County Board of County Commissioners, 3301 East Tamiami Trail,Naples,Florida 34112, dated I. PROJECT COST: $2,600,000.00 TOTAL PROJECT COST: $2,600,000.00 II. PARTICIPATION: Maximum Federal Participation FTA, FAA (N/A%) or $0.00 Agency Participation In-Kind* (03%) $75,150.00 Cash*** (08%) $205,850.00 Other** (39%) $1,019,000.00 Maximum Department Participation, Primary (DS)(DDR)(DIM)(PORT) (50%) or $1,300,000.00 Federal Reimbursable(DU)(FRA)(DFTA) (N/A%)or $0.00 Local Reimbursable(DL) (N/A%)or $0.00 TOTAL PROJECT COST $ 2,600,000.00 III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement,funds are programmed in the Department's Work Program in the following fiscal year(s): 2008/09 $ 134,400.00 Intermodal Program funding 2009/10 $ 864,000.00 Intermodal Program funding 2010/11 $ 301,600.00 Intermodal Program funding Total: $1,300,000.00 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. *In-kind:-County's Facilities personnel and Alternative Transportation Modes(ATM)administrative time through the procurement, design, and construction phases of the project. **Other: —real property value. ***Cash:-local funds used after grant agreement execution date for permits,IT,and other construction costs. Exhibit B, Page 1 of I