Agenda 06/23/2015 Item #16A256/23/2015 16.A.25.
EXECUTIVE SUMMARY
Recommendation to approve Amendment to the Collier Nletr opolitan Planning Organization
(MPO) Staff Services Agreement
OBJECTIVE: To approve the Amendment to Collier Metropolitan Planning Organization
(MPO) Staff Services Agreement.
CONSIDERATIONS: The current MPO Staff Services Agreement with Collier County BCC
will expire on June 26, 2015. At the April MPO Board meeting, it was mentioned that a short-
term amendment to the Current Agreement will need to be in place in order to allow both the
MPO and County staffs to develop strategies for a smooth transition from the existing
administrative arrangement to a modified one.
The targeted time frame for is toward September of this year. As such, the County Attorney's Office
prepared an amendment to the current Staff Services Agreement to facilitate the transition. A future
(permanent) MPO Staff Services Agreement will then be developed to incorporate the proposed
near -terms changes that are expected to occur during the next several months.
The Amendment to MPO Staff Services Agreement was approved by the MPO at its June 12,
2015 meeting.
FISCAL IMPACT: There is no Fiscal Impact associated with this Amendment.
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
RECOMMENDATION: That the Board of County Commissioners approves the Amendment
to the Staff Services Agreement and authorizes its Chairman to sign the Amendment.
Prepared by: Lorraine Lantz, Interim MPO Director
Attachments:
A. Amendment to MPO Staff Services Agreement
B. Current MPO Staff Services Agreement executed on June 26, 2012
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.25.
Item Summary: Recommendation to approve Amendment to the Collier Metropolitan
Planning Organization (MPO) Staff Services Agreement.
Meeting Date: 6/23/2015
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
6/15/2015 2:03:09 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
6/15/2015 2:03:10 PM
Approved By
Narne: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/15/2015 2:06:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/15/2015 3:16:38 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/16/201.5 2:04:44 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/1 6/2015 2:33:07 PM
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AMENDMENT TO MPO STAFF SERVICES AGREEMENT
THIS AMENDMENT TO MPO STAFF SERVICES AGREEMENT entered into
this th 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.
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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
BOARD OF COUNTY COMMISSIONERS
:
Commissioner Tim Nance,
Chairman
ATTEST:
Approved as to form and legality:
Scott R. Teach
Deputy County Attorney
COLLIER
METROPOLITAN PLANNING
ORGANIZATI&
:
Sam J. Saad, III
ATTEST:
�Z
Collier MPO Executive Dirtgbtor
2
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MEMORANDUM
Date: July 5, 2012
To: Lorraine Lantz, Principal Planner
MPO
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: MPO Staff Service Agreement
Attached is one (1) scanned copy of the original document referenced above
(Agenda Item #16A14), approved by the Board of County Commissioners on
Tuesday, June 26, 2012.
The original is being kept by the Minutes and Records Department as part of
the Boards Official Record.
If you have any questions, please call me at 252 -7240.
Thant: you
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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' adiuinistrative 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.
'�71IEREAS, 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,
NONV'. THEREFORE, in consideration of the mutual covenants, premises, and repress orations
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 prop °ide 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 513,260.00; 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 525,000, 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 525,000 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 NJPO
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,
assigunnnent, direction, and control of all personnel necessary thereto; the development of an
appropriate organizational structure to can-y 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
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be suhim1 10 the approval of the MP0Bourd.
2.02 Commitment of Personnel
The M9(l Executive Director shall prepare a detailed listing of all tasks necessary and incidental
10 carrying out the planning process as included in the l]PWP. The M9(} staff shall, at u
minimum. have the followin- duties and functions:
u. Carrying out the tasks as defined in the biennial UPW9 to ensure the continued
certification of the N4PO;
b. Coordinating the activities of the various structures established by the Inter local
Agreement heretofore mentioned;
C. Preparing the u�codas and public notification for rocodngs of the D�P(} Technical
Advisory and Citizens Advisory Committees, Pathways Advisory CnnzoziUoe,
Con-eotioo Management Syo1oo/lo1olUgcot Transportation System Committee,
the Local Coordinating Board for the Transportation Disadvantaged and any other
committees under the Mp{}`spurview;
d- Preparing resolutions and other appropriate documents;
C. Schedulino coectbngs, giving undres, and keeping minutes;
[ Coordinatin- and rnonitorin- the activities of the various supporting offices.
(I Prcourb��uoanoua ropV�usn�oyborcqu�ed-
b. Developing and implementing operational procedures as are necessary and proper
in order to effect the rnost efficient implerneritation of said program-,
Directing the implementation of policies established by the MPO-, and
Perforrning other duties as mav be assigned by the MPO.
2.03 Le-al Representation for the M9{}
The Collier County Attomey`s staff has been designated to represent the MPO Board oolegal
matters. The MPO may employ special legal counsel for specific needs when it is deerned
necessary,
�inv Thc JP�P mhu}| sorre as the biennial bud,--It for the &P(. The lTVVP shall identify
3
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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, FTA 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 coals 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 wrill 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 amnual 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 Goye3nments (Circular A -S7). The Executive Director and MPO staff
shall comply with all County rules goven -iing 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. §§ 1 S.32 and 1 5.33, 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 -S7). Specific approval by the FHWA and the District is not required for
equipment costs under 55,000.
3.00 Reimbursement to the County
4
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The MPO hereby agrees that it shall reimburse the County for all services rendered under this
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 (FHWA), 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 Evcrglades 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 Pa<<ment
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
L)overnment 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 deterinined by
FDOT, FH NVA, or FTA to be pertinent to ascertain compliance with such regulations, orders and
instructions. %�Iiere 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.
5
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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 tune, the MPO shall review this Agreement to
determine if any changes are Avarranted.
IN WITNESS WHEREOF, the undersigned parties have caused this Staff Services Agreement to
be duly executed in their behalf this r day o 2012.
COUNTY OF COLLIER
BOARD OF COUNTY COMMISSIONERS
gy
Commissioner Fred W. Coyle
Chairman
ATTEST: f e'' u ¢'$``per =�-
k
Approved as to fo -iil and ieual sufficiency:
R. Teach
Deputy County Attorney
COLLIER
METROPOLI AN PLANNING
ORGANIZATION
By:
-° Commissioner James N. Coletta,
Chairman
ATTEST: �_k
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING 6/23/2015 16.A.25. XX
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Route to Addressee(s)
(I. st in routine_ order)
Office
Initials
Date
f
I
appropriate.
(Initial)
Applicable)
Agenda Tate Item was
June 26. 2012
Atrenda Item Number
16 A 14
3.
si(-,ned by the Chairman, with the exception of most letters, must be reviewed and signed
4.
MPO Staff Services Agreement
Number of Original
I
5. Ian Mitchell, BCC Supervisor
Board of County Commissioners
Documents Attached
-tEz i,2
i
6. Minutes and Records
Clerk of Court's Office <<
PRIMARY CONTACT INFORMATION
�d r.
(The primary contact is the holder of the original document pending. BCC approval. 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, including tan Mitchell, need to contact staff for additional Or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
Item.)
F aii-ie of Primary Staff
Lorraine M. Lantz
Phone Number
252- 779
ontact
appropriate.
(Initial)
Applicable)
Agenda Tate Item was
June 26. 2012
Atrenda Item Number
16 A 14
Approved by the BCC
si(-,ned by the Chairman, with the exception of most letters, must be reviewed and signed
"Type ol'Documcnt
MPO Staff Services Agreement
Number of Original
I
Attached
resolu* mss. ed by t he County P >ttc >.. rr s Office rd signal r t a s ern
Documents Attached
INSTRUCTIONS & CHECKLIST
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Initial the Yes column or mark "NiA" in the Not Applicable column, whichever is
Yes
I
N,'A (Not
appropriate.
(Initial)
Applicable)
1.
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I by the Office of the County Attorney. This includes signature pa<_ *cs from ordinances,
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Contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All hand�Titten strike - through and revisions have been initialed by the County Attorney's
;
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Chairman's signature line date has been entered as the date of BCC approval of the
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u.
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ent and this routt-1 slip
in most cases (some contracts arc an exception), the original document �
I
should be provided to Ian ,Mitchell to the BCC office within 24 hours of BCC approval.
�1 i
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�?
time trame or the BCC's actions are nullified. Be aware of your deadlines ".
6.
The document vi-as approved by the BCC on L/I J !,:Z (enter date) and all changes
((t
t
made during the nreeting have been incorporated in the attached document. The
%� i
oPbi faz
Countv Attorney's Office has reviewed the changes. il'applicable.
izt
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