Backup Documents 09/22/2015 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6A 13
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates.and/or information needed. If the document is already complete with the
exception of the Chairman's signature.draw a line through routing lines#1 through#2.complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office— Scott Teach County Attorney Office
11`qa
Xl —
4. BCC Office Board of County "
Commissioners \ /(-Z/ = \\a4`t")
5. Minutes and Records Clerk of Court's Office Ph , Cl(at Its (f. In
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Eric Ortman Phone Number 252-5874
Contact/ Department
Agenda Date Item was September 22. 2015 Agenda Item Number 16A13
Approved by the BCC
Type of Document Second Amendment to MPO Staff Services Number of Original 1
Attached Agreement Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? � —LAP.
2. Does the document need to be sent to another agency for additional signatui`es? If yes, NA
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be EAO
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the EAO
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's EAO
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on September 22,2015 and all changes O' k
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable. /IIftP
9. Initials of attorney verifying that the attached document is the version approved by the Neu
BCC, all changes directed by the BCC have been made, and the document is ready for the ‘ig *WA.;•r
Chairman's signature.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05.Revised 2.24.05;Revised 11/30/12
16A13
SECOND AMENDMENT TO MPO STAFF SERVICES AGREEMENT
THI�SECOND AMENDMENT TO MPO STAFF SERVICES AGREEMENT entered into
this aah day of September, 2015 by and between the Collier Metropolitan Planning
Organization the"MPO")and Collier County,Florida,a political subdivision of the State of Florida
(hereinafter referred to as the "County").
WITNES SETH
WHEREAS, the MPO and the County previously entered into a MPO Staff Services
Agreement(the"Agreement")dated June 26,2012(see Exhibit"A",attached),which articulated the
duties and obligations of the County with respect to its role in providing for staff, office space,
equipment and various services(the"Administrative Relationship")to assist the MPO to conduct its
statutory transportation planning functions; and
WHEREAS, Section 6.00 of the Agreement allows the Parties to amend the Agreement and
further provides that the Agreement terminates three (3) years after it became effective; and
WHEREAS, the MPO entered into an Amendment to MPO Staff Services Agreement on
June 23, 2015 (see Exhibit "B," attached), extending the term of the Agreement , through and
including September 30,2015,to allow the MPO to consider and review its existing Administrative
Relationship with the County,including the County's provision of staff,resources and office space to
the MPO; and
WHEREAS, the MPO is currently reviewing the Administrative Relationship between the County
and the MPO,including the County's provision of staff,resources and office space to the MPO;and
WHEREAS,the Parties now believe that additional time is needed to complete the aforementioned
review and desire to enter into this Second Agreement to the Agreement to extend the termination
date, though and including the end of the MPO's fiscal year, June 30, 2016.
NOW,THEREFORE,in consideration of the mutual covenants and obligations provided within the
Agreement,as amended,and such other valuable consideration,the Agreement is hereby amended to
extend the termination date, through and including June 30, 2016.
Except as expressly amended herein the Agreement between the MPO and the County remains in full
force and effect according to the terms and conditions contained therein.
16A13 3
IN WITNESS WHEREOF, the Parties have hereto executed this Amendment to MPO
Staff Services Agreement the day and year first above written.
COUNTY OF COLLILER PLANN i ORGAN 1 TION
BOARD OF COUNTY COMMISSIONERS
By: Qloalimmliime
/ e
if
, if
�' B �I.
Commissioner Tim Nance, ,s"r n a J. Saad III
Chairman • .firman
fig°•,
h• ar' �w r,
DWIG T E. BROCK. CLERK /
ATTES �' ---):- �� ai
: ATTES aPAIA ►,g/
Attest as to Chairman's
Del Cl-rk orraine Lantz,
signature only, Interim Collier MPO
Executive Director
Appro ed as to form andle ality
Scott . Teach
Deputy County Attorney
2
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MPO STAFF SERVICES AGREEMENT
THIS MPO STAFF SERVICES AGREEMENT is made by and between the Collier
Metropolitan Planning Organization(the"MPO")and Collier County, Florida.
WITNESSETH:
WHEREAS, the MPO, pursuant to the power conferred upon it by Section 339.175, Florida
Statutes, and Article 5 of the Amended And Restated Interlocal Agreement for Creation of the
Collier Metropolitan Planning Organization (the "Interlocal Agreement") between the Florida
Department of Transportation ("FDOT"); Collier County (the "County"); the City of Marco
Island; the City of Naples; and Everglades City, dated May 10, 2005 may employ personnel
and/or enter into agreements. with local and/or State agencies to utilize the staff resources of
such agencies or for the performance of certain services by such agencies as necessary to fulfill
its responsibilities and obligations as required by law, and
WHEREAS, pursuant to the aforesaid Interlocal Agreement executed between the County, the
City of Marco Island, the City of Naples, Everglades City and the FDOT, it is contemplated that
County personnel will perform the substantial portion of each task provided for in 23 Code of
Federal Regulations (CFR) Part 450 and Chapter 339.175 Florida Statutes as necessary to carry
out the continuing, cooperative and comprehensive transportation planning process mandated by
Federal regulations as a condition precedent to the receipt of Federal capital or operating
assistance in the urbanized area, and
WHEREAS, in 2007, the Florida Legislature's House Bill 985 amended Section 339.175,Florida
Statutes, and other sections of law in an attempt to bring clarity and uniformity to Metropolitan
Planning Organizations' administrative structure, powers and responsibilities, particularly
amending Section 339.175(5), Florida Statutes, to clarify that a Metropolitan Planning
Organizations' executive director reports directly to his or her Governing Board, and that the
executive director and staff are employed by the Metropolitan Planning Organization or through
a staff services agreement between the Metropolitan Planning Organization and another
governmental entity.
WHEREAS, it is deemed by the parties to be appropriate and necessary that the duties and
obligation of the County, in relation to its role as the staff to the MPO, be defined and fixed by
formal agreement,
NOW, THEREFORE. in consideration of the mutual covenants, premises, and representations
herein, the parties agree as follows:
1,00 Purpose
For the reasons recited in the preamble,which are hereby adopted as part hereof, this Agreement
is to provide for professional services to carry out the terms of the Interlocal Agreement and any
other agreement to which the MPO is a party, and to provide staff services and support for the
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administration of the MPO.
2.00 Scope of Services
It is agreed by the County that it shall furnish the MPO with the staff necessary for professional,
technical, administrative, and clerical services, equipment, office and other space, and other
incidental items as may be required and necessary to manage the business and affairs of the MPO
and to carry on the transportation planning and programming process specified by the Interlocal
Agreement and any other agreement to which the MPO is a party; provided, it is understood and
agreed that, unless otherwise provided for, the performance of such service and functions shall
be limited to those specified and allocated to the County in the biennial Unified Planning Work
Program (UPWP) budget and all approved budgets and management reports under Federal or
State grant contracts with the MPO. The County's annual charge for furnishing office space to
the MPO, including all common area maintenance and utility costs, shall be $13,260.00; as more
specifically provided in a lease agreement to be subsequently executed by the parties.
In order to minimize disruption, the County shall furnish the MPO with the aforementioned
office and other space so as to be continuously co-located with the Collier County Growth
Management Division and shall make reasonable efforts to avoid frequent relocation of said
office and other space.
The MPO is responsible for the selection of, and execution of an employment agreement with,
the Executive Director of the MPO. Each year the MPO shall review and evaluate the
performance of the MPO Executive Director in accordance with the performance-based merit
plan as provided in the Collier Metropolitan Planning Organization/Executive Director
Employment Agreement.
The MPO authorizes the MPO Executive Director to secure FDOT approval for amendment of
UPWP tasks, which change their dollar value by an amount less than or equal to $25,000, and
which do not change their scope or the total approved funds for the UPWP and do not add or
delete a UPWP work task(s). Any amendment of the UPWP greater than $25,000 shall require
the approval of the MPO.
The UPWP shall be prepared by the MPO Staff in cooperation with all related state and federal
agencies and MPO committees in accordance with the rules and regulations governing the MPO
and shall be subject to the approval of the MPO before submittal to State or Federal agencies.
2.01 MPO Executive Director
The MPO Executive Director shall be responsible to the MPO for the conduct of the
transportation planning process as detailed in the biennial UPWP as well as the appointment,
assignment, direction, and control of all personnel necessary thereto; the development of an
appropriate organizational structure to carry out the responsibilities set forth in the Agreement;
and the development of procedures to monitor and coordinate the planning process, as well as the
overall administration of MPO programs. Changes to the number of MPO staff positions shall
2
2.05 Financial Administration
a. The records and accounts of the MPO including receipts, expenditures and
deposits shall be administered by the County in accordance with its ordinary
procedures.
b. Contracts and bids for the purchase of materials and services shall be in
accordance with County procedures for the same purposes. The MPO shall
review and approve all Requests for Proposals (RFP) and subsequent contracts.
Contracts and bids for the purchase of materials and services using PL, ETA and
TD funds allocated to the MPO and identified in the UPWP will be in accordance
with County procedures, and any actions taken within the authority of the MPO
relating to such matters shall be independent of Board of County Commissioners
(BCC) approval.
c. Through the adoption of this Agreement, the MPO adopts the United States
Department of Transportation's goals regarding the procurement of services from
firms registered as Disadvantaged Business Enterprises (DBE). In addition, the
MPO adopted a DBE Policy in accordance with FDOT's DBE Plan.
2.06 Information Technology and Office Equipment
a. The MPO may need to purchase, maintain and upgrade office equipment, office /
computer hardware, software and other resources. This may include, but is not be
limited to, the purchase of office equipment such as printers, facsimile machine,
copier, computers and hardware upgrades, reference documents, software and
supporting maintenance. Grant funds allocated to the MPO and identified in the
UPWP for such requirements will be used, All resources purchased by the MPO shall
be the property of the MPO. Collier County's Information Technology department is
responsible for all maintenance of MPO computers and may be paid for services
through annual interdepartmental allocations and consistent with the Federal Office of
Management and Budget 2 C.F.R. Part 225 Cost Principles for State, Local and
Indian Tribal Governments (Circular A-87). The Executive Director and MPO staff
shall comply with all County rules governing the use of the County's computer
network.
b. All proposed equipment purchased by the MPO with grant funds must comply with
49 C.F.R. §§ 18.32 and 18.33, and the Federal Office of Management and Budget 2
C.F.R. Part 225 Cost Principles for State, Local and Indian Tribal Governments
(Circular A-87). Specific approval by the FHWA and the District is not required for
equipment costs under$5,000.
•t' 3,00 Reimbursement to the County
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The MPO hereby agrees that it shall reimburse the County for all services rendered under this -1
Agreement as specified in the UPWP budget and all approved budgets under Federal or State
grant contracts with the MPO and in accordance with the procedures established pursuant to 2.05
and 2.06 of this Agreement. The determination of eligible costs shall be in accordance with 23
CFR Section 420, as appropriate, and applicable Florida Statutes.
3.01 Local Share
The MPO will provide cash or in-kind services for the required match for Federal funds from the
Federal Highway Administration (FIIWA), the Federal Transit Association (FTA), Florida
Department of Transportation (FDOT) and Florida Commission for Transportation
Disadvantaged (CTD) where appropriate. These funds may also be derived from financial
contributions made by the MPO's member local governments, including Collier County and the
Cities of Naples, Marco Island and Everglades City.
3.02 Invoices and Progress Reports
The MPO shall provide to the FDOT or appropriate Federal agencies quarterly progress reports
and invoices for reimbursement for all Federal grants with FHWA, FTA and State grants
received through the Florida Commission for the Transportation Disadvantaged (CTD). The
progress reports and invoices shall be in sufficient detail for audit purposes.
3.03 Payment
Payment to the County of any and all monies by the MPO is contingent upon the MPO first
receiving the funds for the work tasks from the FDOT, FHWA, FTA or the Florida Commission
for the Transportation Disadvantaged(CTD).
3.04 Travel Expenses
Reimbursement from Federal and State funds for per diem and mileage expenses incurred by
MPO staff and Board members for MPO business shall be consistent with the federal
government rates.
4.00 Information and Reports
The County will provide all required information and reports and will permit access to its books,
records, accounts, and other sources of information, and its facilities as may be determined by
FDOT, FHWA. or FTA to be pertinent to ascertain compliance with such regulations,orders and
instructions. Where any information required of the County is in the exclusive possession of
another who fails or refuses to furnish this information, the County shall certify to FDOT,
FHWA, or FTA as appropriate, and shall set forth what efforts it has made to obtain the
information,
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A.
5.00 Continuity of Operations Plan (COOP)
The MPO shall adhere to Collier MPO's Continuity of Operations Plan (COOP). The COOP is
consistent with Collier County's Comprehensive Emergency Management Plan (CEMP). Collier
County shall provide the MPO with an alternate facility for a reasonable period of time if one is
required.
6.00 Amendment of Agreement
The County and the MPO may,upon initiation of either party, amend this Agreement to cure any
ambiguity, defect, omission or to grant any additional powers, or to confer additional duties
which are consistent with the intent and purpose of this Agreement.
This Agreement shall become effective upon approval by the MPO and the County and remain in
effect for a period of three years. At that time, the MPO shall review this Agreement to
determine if any changes are warranted,
IN WITNESS WHEREOF, the undersigned, parties have caused this Staff Services Agreement to
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be duly executed in their behalf this (ifiday of 'it,/ 2012.
COUNTY OF COLLIER COLLIER
BOARD OF COUNTY COMMISSIONERS METROPOLHAN PLAN G
ORGANIZAroN
/
44cL
ByBy
(-0 1/i 71 ,V
:
411
Commissioner Fred W.CV le ComMissioner James N. Coletta,
Chairman Chairman
)
ATTEST:- ATTEST:
err 04417 „„„
*tint t to asatAmis I'
tostari s' /
Apprved as to f an legal sufficiency:
(-*
Scott R. Teach
Deputy County Attorney
6
exIii;61.7L48 "
AMENDMENT TO MPO STAFF SERVICES AGREEMENT
THIS AMENDMENT TO MPO STAFF SERVICES AGREEMENT entered into
this 2?›,--ath day of June, 2015 by and between the Collier Metropolitan Planning
Organization (the "MPO") and Collier County, Florida, a political subdivision of the State
of Florida (hereinafter referred to as the "County").
WITNESSETH
WHEREAS, the MPO and the County previously entered into a MPO Staff
Services Agreement (the "Agreement") dated June 26, 2012 (see Exhibit "A," attached),
which articulated the duties and obligations of the County with respect to its role in
providing for staff, office space, equipment and various services ( the "Administrative
Relationship") to assist the MPO to conduct its statutory transportation planning
functions; and
WHEREAS, Section 6.00 of the Agreement allows the Parties to amend the
Agreement and further provides that the Agreement terminates three (3) years after it
became effective; and
WHEREAS, the MPO is currently reviewing the Administrative Relationship
between the County and the MPO, including the County's provision of staff, resources
and office space to the MPO; and
WHEREAS, the Parties desire to amend the Agreement to extend the termination
date, subject to being further amended once the MPO has decided on the future
Administrative Relationship between the County and the MPO, through and including
the end of the County's fiscal year, September 30, 2015.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
provided within the said Agreement dated June 26, 2012 and other valuable
consideration, the said Agreement is hereby amended to extend the termination date,
subject to being subsequently amended by the Parties, through and including
September 30, 2015.
Except as expressly amended herein the Agreement between the MPO and the County
remains in full force and effect according to the terms and conditions contained therein.
IN WITNESS WHEREOF, the Parties have hereto executed this Amendment to
MPO Staff Services Agreement the day and year first above written.
COUNTY OF COLLIER COLLIER
BOARD OF COUNTY COMMISSIONERS METROPOLITAN PLANNING
rof,
°RGANIZAT,
01.#9644Coe,....* j;Allillp KO"'
By: By: Alfff
Commissioner Tim Nance, ncilman Sam J.
Saad, III•
Chairman airman
b‘J 011e)40cQA-114,
ATTEST:-k ATTEST:r
Attest as tei, 's
Interim Collier MPO Executive Dir-ctor
signature onty.
Approved as to form and legality:
)111
Scott R. Teach
Deputy County Attorney
2