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Backup Documents 06/26/2012 Item #16A14ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 14 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 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 #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) i +,"List in routing order) Office Initials Date 1 a ro riate. (Initial) Applicable) 2. June 26, 2012 Agenda Item Number 16 A 14 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 'l 4. MPO Staff Services Agreement Number of Original 1 5. Ian Mitchell, BCC Supervisor Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office— PRIMARY CONTACT INFORMATION (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 Ian 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.) Name of Primary Staff Lorraine M. Lantz Phone Number 252 -5779 Contact a ro riate. (Initial) Applicable) Agenda Date Item was June 26, 2012 Agenda Item Number 16 A 14 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 'l Type of Document MPO Staff Services Agreement Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.3 1.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed 'l by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 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 handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board j 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. I 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! 6. The document was approved by the BCC on L2Lp 1 i a (enter date) and all changes ' t made during the meeting have been incorporated in the attached document. The 4 �. W County Attorney's Office has reviewed the changes, if applicable. -11, 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 7.3 1.09 16A14 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. Thank you 16A14 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 1 16A14 'I 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 16A14 be subject to the approval of the MPO Board. 2.02 Commitment of Personnel The MPO Executive Director shall prepare a detailed listing of all tasks necessary and incidental to carrying out the planning process as included in the UPWP. The MPO staff shall, at a minimum, have the following duties and functions: a. Carrying out the tasks as defined in the biennial UPWP to ensure the continued certification of the MPO; b. Coordinating the activities of the various structures established by the Interlocal Agreement heretofore mentioned; C. Preparing the agendas and public notification for meetings of the MPO Technical Advisory and Citizens Advisory Committees, Pathways Advisory Committee, Congestion Management System /Intelligent Transportation System Committee, the Local Coordinating Board for the Transportation Disadvantaged and any other committees under the MPO's purview; d. Preparing resolutions and other appropriate documents; e. Scheduling meetings, giving notices, and keeping minutes; f. Coordinating and monitoring the activities of the various supporting offices; g. Preparing an annual report as may be required; h. Developing and implementing operational procedures as are necessary and proper in order to effect the most efficient implementation of said program; Directing the implementation of policies established by the MPO; and J- Performing other duties as may be assigned by the MPO. 2.03 Legal Representation for the MPO The Collier County Attorney's staff has been designated to represent the MPO Board on legal matters. The MPO may employ special legal counsel for specific needs when it is deemed necessary. 2.04 Biennial Budget The UPWP shall serve as the biennial budget for the MPO. The UPWP shall identify funding sources, participating agencies and the level of participation by the various agencies. 3 16A14 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 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. 3.00 Reimbursement to the County 16A14 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 govermnents, 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. 5 16A14 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 be duly executed in their behalf this 6? l day of ' u 0 Q— 52012. COUNTY OF COLLIER BOARD OF COUNTY COMMISSIONERS By: _ Commissioner Fred Chairman ATTEST:,—,;. b" Dpi &1Vr . . Not*'i; C L*rj MW t� to 11CMIMM IV 1 Ap,pryved as to fo an' legal sufficiency: cott R. Teach Deputy County Attorney 0 COLLIER •o G ssioner James N. Coletta, / Chairman ATTEST: