The URL can be used to link to this page

MPO Agenda 02/09/2024COLLIER COUNTY Metropolitan Planning Organization AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 09, 2024 9:30 AM Council Member Greg Folley, Chair Commissioner Chris Hall, Vice-Chair Commissioner Dan Kowal Commissioner Burt L. Saunders Commissioner Rick LoCastro Commissioner William L. McDaniel, Jr. Council Member Tony Pernas Council Member Ted Blankenship Council Member Paul Perry This meeting of the Collier Metropolitan Planning Organization (MPO) is open to the public and citizen input is encouraged. Any person wishing to speak on any scheduled item may do so upon recognition of the Chairperson. Any person desiring to have an item placed on the agenda shall make a request in writing with a description and summary of the item, to the MPO Director or MPO Chairman 14 days prior to the date of the next scheduled meeting of the MPO. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting should contact the Collier Metropolitan Planning Organization 72 hours prior to the meeting by calling (239) 252- 5814. The MPO’s planning process is conducted in accordance with Title VI of the Civil Rights Act of 1964 and Related Statutes. Any person or beneficiary who believes that within the MPO’s planning process they have been discriminated against because or race, color, religion, sex, age, national origin, disability, or familial status may file a complaint with the Collier MPO Title VI Coordinator Ms. Suzanne Miceli (239) 252-5814 or by email at: Suzanne.Miceli@colliercountyfl.gov, or in writing to the Collier MPO, attention: Ms. Miceli, at 2885 South Horseshoe Dr., Naples, FL 34104. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA, PREVIOUS MINUTES AND CONSENT ITEMS 4.A. December 8, 2023 MPO Morning Meeting Minutes (27865) 4.B. December 8, 2023 MPO Afternoon Meeting Minutes (27866) 4.C. Approve Change Order 1 for Jacobs Engineering Group for the Collier Area Transit Regional Service and Regional Fare Study (27864) 5. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA 6. AGENCY UPDATES 6.A. FDOT 6.B. MPO EXECUTIVE DIRECTOR 7. COMMITTEE CHAIR REPORTS 7.A. CITIZENS ADVISORY COMMITTEE (CAC) 7.A.1. Citizens Advisory Committee Chair Report (27867) 7.B. TECHNICAL ADVISORY COMMITTEE (TAC) 7.B.1. Technical Advisory Committee Chair Report (27868) 7.C. BICYCLE PEDESTRIAN ADVISORY COMMITTEE (BPAC) 7.C.1. Bicycle and Pedestrian Advisory Committee Chair Report (27869) 7.D. CONGESTION MANAGEMENT COMMITTEE (CMC) 7.D.1. Congestion Management Committee Chair Report (27870) 7.E. LOCAL COORDINATING BOARD (LCB) 8. REGULAR BOARD ACTION (ROLL CALL REQUIRED) 8.A. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution to add five transit projects (27871) 8.B. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution for South Golf Drive (27872) 8.C. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution for State Road 82 (27873) 9. REGULAR BOARD ACTION (NO ROLL CALL) 9.A. Elect MPO Board Chair and Vice-Chair (27874) 9.B. Elect Representatives to Serve on the Metropolitan Planning Organization Advisory Council Board for 2024 (27875) 9.C. Report to the MPO Board on the status of contract negotiations with the Board-selected candidate for the position of Executive Director at its December 2023 meeting, and a recommendation to approve a Fifth Amendment to the existing Executive Director’s Employment Agreement extending the term of employment and increasing her annual salary. (27876) 9.D. Recommendation to award Agreement No. 22-8025, 2050 Long Range Transportation Plan, to Jacobs Engineering Group, Inc., for professional consulting services in the amount of $821,169 and authorize the Chair to execute the attached agreement (27877) 9.E. Approve a Work Order for TY Lin International to complete the Safe Streets for All Comprehensive Safety Action Plan (27878) 9.F. Approve the Collier to Polk Regional Trail PD&E as a Priority for SUN Trail Funding (27879) 9.G. Adopt the Florida Department of Transportation Vision Zero Safety Performance Targets for Calendar Year 2024 (27880) 9.H. Approve Two New Appointments and Three Reappointments to the Bicycle and Pedestrian Advisory Committee (27881) 9.I. Approve Reappointment to the Citizens Advisory Committee (27882) 9.J. Review and Comment on FDOT Proposed Functional Classification and Urban Boundary Updates (27883) 10. PRESENTATIONS (MAY REQUIRE BOARD ACTION) 10.A. Federal Quadrennial Review of Collier MPO 2024 – Schedule (27884) 10.B. Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana (27885) 11. MEMBER COMMENTS 12. DISTRIBUTION ITEMS 12.A. Administrative Modification to the FY 2024-2028 Transportation Improvement (27886) 12.B. Florida Department of Transportation Office of Inspector General Audit Report for Collier MPO (27887) 12.C. Federal Highway Administration Extends Deadline for MPOs to Establish Greenhouse Gas Emissions Targets (27888) 13. NEXT MEETING DATE 13.A. Next Meeting Date: March 8, 2024, 9:30 a.m. Board of County Commissioners Chambers, 3299 E. Tamiami Trail, Naples, FL, 34112 (27889) 14. ADJOURN 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 4.A Doc ID: 27865 Item Summary: December 8, 2023 MPO Morning Meeting Minutes Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:46 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:46 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:45 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:11 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 4.A Packet Pg. 5 1 Collier Metropolitan Planning Organization Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 8, 2023 Special Meeting | 9:30 a.m. MEETING MINUTES **HYBRID REMOTE – IN-PERSON AND VIRTUALLY VIA ZOOM 1. CALL TO ORDER Chair Folley called the meeting to order at approximately 9:30 a.m. 2. ROLL CALL Ms. Hansen called roll and confirmed a quorum was present in the room. Members Present (in BCC Chambers) Council Member Greg Folley, City of Marco Island, Chair Commissioner Chris Hall, Collier County BCC District 2, Vice-Chair (arrived after roll call.) Commissioner Burt Saunders, Collier County BCC District 3 Commissioner Dan Kowal, Collier County BCC District 4 Commissioner Rick LoCastro, Collier County BCC District 1 Commissioner William L. McDaniel, Jr., Collier County BCC District 5 Council Member Paul Perry, City of Naples Council Member Ted Blankenship, City of Naples Council Member Tony Pernas, Everglades City Members Absent None MPO Staff Anne McLaughlin, Executive Director Sean Kingston, Principal Planner Dusty Hansen, Senior Planner Suzanne Miceli, Administrative Support Specialist II FDOT Wayne Gaither, Manager, District 1 Southwest Area Office Victoria Peters, Community Liaison Others Present Scott Teach, Esq., Deputy County Attorney Amy Lyberg, Collier County Human Resources Director Brian Wells, Director, Collier County Public Transit & Neighborhood Enhancement 4.A.1 Packet Pg. 6 Attachment: December 8, 2023 MPO Morning Meeting Minutes (27865 : December 8, 2023 MPO Morning Meeting Minutes) 2 Lorraine Lantz, Manager, Collier County Transportation Planning Michael Tisch, Project Manager, Collier County Transportation Engineering Others Present Virtually, Via Zoom Trinity Scott, Department Head, Collier County Transportation Mgmt. Services 3. PLEDGE OF ALLEGIANCE Chair Folley led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA 4.A. Approval of December 8, 2023 Special Meeting Agenda (Executive Director Candidate Interviews) Commissioner McDaniel moved to approve the Special Meeting Agenda, and Commissioner LoCastro seconded. Passed unanimously. 5. MPO EXECUTIVE DIRECTOR CANDIDATE INTERVIEWS Ms. Lyberg announced that the purpose of the special meeting was to select a new Collier MPO Executive Director and explained the candidate selection process would include candidate presentations, candidate interviews, and Board deliberation followed by final candidate ranking. Chair Folley clarified that the Board had the option to continue the search for a new Collier MPO Executive Director following the special meeting, if so decided. 5.A. Presentation by George G. Kinney Mr. Kinney was not present and had withdrawn his application. 5.B. Presentation by Lorraine M. Lantz Ms. Lantz provided a presentation highlighting her skills and experience applicable to the role of Collier MPO Executive Director. 5.C. Presentation by Michael P. Tisch Mr. Tisch provided a presentation highlighting his skills and experience applicable to the role of Collier MPO Executive Director. 5.D. Rotational Question and Answer Session The Board presented a series of questions to each candidate, and each candidate responded accordingly. Question topics included candidate goals, the current challenges facing the MPO, whether the Collier and Lee MPOs should consolidate, apportionment allocation, and federal funding considerations. 4.A.1 Packet Pg. 7 Attachment: December 8, 2023 MPO Morning Meeting Minutes (27865 : December 8, 2023 MPO Morning Meeting Minutes) 3 5.E. Candidate Closing Comments Mr. Tisch explained that he welcomed the opportunity to work within the MPO, and believed he possessed the ability to meet the challenges of the role. Ms. Lantz expressed that she welcomed the opportunity to work within the MPO and looked forward to working with the MPO Board. 5.F. Board Deliberation Following the interview process and Board deliberation, the Board was prepared to rank the candidates. 5.G. Board Recommendations/Candidate Ranking The Board completed the ranking forms that had been distributed to them. 5.H. Tentative Interview Scoring & Final Vote Ms. Lyberg announced that Ms. Lantz had been ranked as the number one candidate for the role of Collier MPO Executive Director. It was decided that Mr. Teach would prepare a standard County employee contract with severance provisions and that meets grant requirements for the position, and facilitate contract negotiations with Ms. Lantz and Chair Folley on behalf of the Board. Commissioner McDaniel moved to appoint Ms. Lantz as Collier MPO Director and for Chair Folley to work with Mr. Teach to conduct contract negotiations. Council Member Pernas seconded. Passed unanimously. 6. NEXT MEETING DATE 6.A. Regular Meeting - December 8, 2023, 1:00 p.m. Location: BCC Chambers Hybrid In- Person/Remote 6.B. Regular Meeting - February 9, 2024, 9:30 a.m. Location: BCC Chambers Hybrid In- Person/Remote 7. ADJOURN There being no further business, Chair Folley adjourned the meeting at approximately 10:45 a.m. 4.A.1 Packet Pg. 8 Attachment: December 8, 2023 MPO Morning Meeting Minutes (27865 : December 8, 2023 MPO Morning Meeting Minutes) 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 4.B Doc ID: 27866 Item Summary: December 8, 2023 MPO Afternoon Meeting Minutes Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:48 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:48 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:47 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:10 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 4.B Packet Pg. 9 1 Collier Metropolitan Planning Organization Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 8, 2023 1:00 p.m. MEETING MINUTES **HYBRID REMOTE – IN-PERSON AND VIRTUALLY VIA ZOOM 1. CALL TO ORDER Chair Folley called the meeting to order at approximately 1:00 p.m. 2. ROLL CALL Ms. Hansen called roll and confirmed a quorum was present in the room. Members Present (in BCC Chambers) Council Member Greg Folley, City of Marco Island, Chair Commissioner Chris Hall, Collier County BCC District 2, Vice-Chair Commissioner Dan Kowal, Collier County BCC District 4 Commissioner Rick LoCastro, Collier County BCC District 1 Commissioner William L. McDaniel, Jr., Collier County BCC District 5 Council Member Paul Perry, City of Naples Council Member Ted Blankenship, City of Naples Council Member Tony Pernas, Everglades City Members Absent Commissioner Burt Saunders, Collier County BCC District 3 MPO Staff Anne McLaughlin, Executive Director Sean Kingston, Principal Planner Dusty Hansen, Senior Planner Suzanne Miceli, Administrative Support Specialist II FDOT Wayne Gaither, Manager, District 1 Southwest Area Office Victoria Peters, Community Liaison Kyle Purvis, Planning Administrator, District 1 4.B.1 Packet Pg. 10 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 2 Others Present Scott Teach, Esq., Deputy County Attorney Lorraine Lantz, Manager, Collier County Transportation Planning, TAC Chair, Acting CMC Chair Brian Wells, Director, Public Transit & Neighborhood Enhancement Riley Kemplon, Quest Carmen Monroy, Stantec Consulting 3. PLEDGE OF ALLEGIANCE Chair Folley led the Pledge of Allegiance. 4. APPROVAL OF THE AGENDA, PREVIOUS MINUTES AND CONSENT ITEMS 4.A. October 13, 2023 Meeting Minutes Council Member Perry moved to approve the Meeting Minutes and Commissioner McDaniel seconded. Passed unanimously. 4.B. Ratify the Transportation Disadvantaged Service Plan Major Update Commissioner McDaniel moved to ratify the Consent Item, and Vice-Chair Hall seconded. Passed unanimously. 5. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA None. 6. AGENCY UPDATES 6.A. FDOT Ms. Peters provided an update about the wildlife crossings on S.R. 82 that Commissioner McDaniel had inquired about previously. She explained that as part of the S.R. 82 widening project, the bridges at both Under Canal and Panther Creek would be replaced. The new bridges would be longer and taller, accommodating wildlife shelves on both sides of the two crossings. The project was also proposing several miles of wildlife fencing to help funnel wildlife to the new crossings. Anticipated construction was 2025. 6.B. MPO EXECUTIVE DIRECTOR None. 4.B.1 Packet Pg. 11 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 3 7. COMMITTEE CHAIR REPORTS 7.A. CITIZENS ADVISORY COMMITTEE (CAC) 7.A.1. Citizens Advisory Committee Chair Report Chair was not present. Report was in the agenda packet. 7.B. TECHNICAL ADVISORY COMMITTEE (TAC) 7.B.1. Technical Advisory Committee Chair Report Ms. McLaughlin commented that the report was in the agenda packet and that Ms. Lantz was available for questions. 7.C. BICYCLE PEDESTRIAN ADVISORY COMMITTEE (BPAC) 7.C.1. Bicycle and Pedestrian Advisory Committee Chair Report Chair was not present. Report was in the agenda packet. 7.D. CONGESTION MANAGEMENT COMMITTEE (CMC) 7.D.1. Congestion Management Committee Chair Report Ms. McLaughlin commented that the report was in the agenda packet and that Ms. Lantz, as acting chair, was available for questions. 7.E. LOCAL COORDINATING BOARD (LCB) 7.E.1. Local Coordinating Board Chair Report Council Member Pernas said that LCB met on December 6, 2023, and there was a quorum. Board action at the meeting included reviewing and approving the annual update to the LCB Grievance Procedures, reviewing and approving the Community Transportation Coordinator’s final FY 2022-23 Annual Operating Report, and reviewing and endorsing three draft grant applications under Federal Transit Administrations sections 5310, 5311, and 5339. 8. REGULAR BOARD ACTION (ROLL CALL REQUIRED) 8.A. Approve an Amendment to the Collier MPO 2045 Long Range Transportation Plan Ms. McLaughlin explained that Collier MPO was seeking Board approval of an Amendment to the 2045 Long Range Transportation Plan (LRTP) and authorizing Resolution to address the addition of 4.B.1 Packet Pg. 12 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 4 the Moving Florida Forward (MFF) projects and funding to the Cost Feasible Plan (CFP) and to maintain planning consistency with FDOT’s Work Program. She went on to say that MPO staff had prepared an Amendment to the 2045 LRTP to address changes to projects based on additional funding and construction cost estimates which were included in the MFF Infrastructure Initiative and recent Federal and State appropriations and project phases that had been added or changed in the FDOT Draft Tentative Work Program FY 25-29. The Amendment would be followed up by Transportation Improvement Plan (TIP) Amendments to the FY 2024-28 TIP, which would provide more detail. The four (4) MFF projects include widening I-75 from 6 to 8 lanes from Golden Gate to Corkscrew, I-75 and Pine Ridge Rd Interchange Improvement, widening S.R. 29 from 2 to 4 lanes from New Market Road to S.R. 82, and constructing a new 4-lane road as an extension of S.R. 29 for a loop around downtown Immokalee from C.R. 846 to New Market Road. Ms. McLaughlin said that MPO followed the LRTP amendment public involvement process notice requirements outlined in the MPO’s Public Participation Plan. At the time of the meeting, no public comments had been received. The proposed additions are included in the Cost Feasible Plan (CFP) - Strategic Intermodal System (SIS) of the 2045 LRTP. Fiscal constraint was maintained by the addition of MFF funds and other State revenues for the SIS CFP. The Amendment and supporting Resolution had received endorsement from the Citizens Advisory Committee (CAC) and Technical Advisory Committee (TAC). Commissioner McDaniel moved to approve the amendment adding four Moving Florida Forward (MFF) projects to Cost Feasible Plan and Resolution and Vice-Chair Hall seconded. Roll Call Vote. Chair Folley - Yes Vice-Chair Hall – Yes Commissioner Kowal – Yes Commissioner McDaniel – Yes Commissioner LoCastro – Yes Council Member Blankenship – Yes Council Member Perry - Yes Council Member Pernas - Yes Passed unanimously. 8.B. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program Adding Four Projects Funded by the Governor’s Moving Florida Forward Initiative Mr. Kingston explained that MPO was seeking Board approval of an Amendment to the FY 2024- 2028 Collier MPO Transportation Improvement Program (TIP) and authorizing Resolution adding 4 projects funded by the Governor’s MFF Infrastructure Initiative. FDOT had requested the Collier MPO to amend its FY 2024-2028 TIP to add the following MFF projects totaling approximately $92 million, which 4.B.1 Packet Pg. 13 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 5 included widening I-75 from 6 to 8 lanes from Golden Gate to Corkscrew to add lanes and reconstruct at $24,300,000, I-75 and Pine Ridge Rd Interchange Improvement (a.k.a. Diverging Diamond) at $6,339,858, widening S.R. 29 from 2 to 4 lanes from New Market Road to S.R. 82 (aka “the Immokalee Loop Rd”) at $9,626,335, and constructing a new 4-lane road as an extension of S.R. 29 for a loop around downtown Immokalee from C.R. 846 to New Market Road at $51,508,685. Most of the cost estimates would be for constructions funds. The Amendment and authorizing Resolution received endorsement from CAC and TAC. Commissioner McDaniel moved to approve the amendment to FY24-28 TIP for Moving Florida Forward and Council Member Pernas seconded. Roll Call Vote. Chair Folley - Yes Vice-Chair Hall – Yes Commissioner Kowal – Yes Commissioner McDaniel – Yes Commissioner LoCastro – Yes Council Member Blankenship – Yes Council Member Perry - Yes Council Member Pernas - Yes Passed unanimously. 8.C. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program to Add Transit Reimbursement Resulting from Emergencies Mr. Kingston explained that MPO was seeking Board approval of an Amendment to the FY 2024- 2028 Collier MPO TIP and authorizing Resolution. FDOT had requested Collier MPO to amend its FY 2024-2028 TIP to add projects which were awarded to Collier County for operating and capital reimbursement of public transportation systems, by protecting, repairing, and/or replacing equipment and facilities that may suffer or have suffered serious damage as a result of an emergency, including natural disasters such as floods, hurricanes, and tornadoes. The total amount of awards was $157,113. The projects included are Collier County/Bonita Springs UZA/FTA Section 5324 Operating (operating reimbursement at $61,779), and Collier County/Bonita Springs UZA/FTA Section 5324 Capita (Capital Reimbursement at $95,334). The Amendment and authorizing Resolution had received endorsement from the CAC and TAC, and Staff recommended Board approval. Commissioner Kowal moved to approve the amendment to FY24-28 TIP to reimburse Transit Operations and Commissioner LoCastro seconded. Roll Call Vote. Chair Folley - Yes 4.B.1 Packet Pg. 14 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 6 Vice-Chair Hall – Yes Commissioner Kowal – Yes Commissioner McDaniel – Yes Commissioner LoCastro – Yes Council Member Blankenship – Yes Council Member Perry - Yes Council Member Pernas - Yes Passed unanimously. 8.D. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program to Add Funds to the 16th St. Bridge Project Mr. Kingston explained that the MPO was seeking Board approval of an Amendment to the FY 2024-2028 Collier MPO TIP and authorizing Resolution to add funds to the 16th St. Bridge project. The MPO asked FDOT on behalf of Collier County, to add $4 million in FY 24 SU funds to the 16th St. Bridge project. FDOT requested Collier MPO to amend its FY 2024-2028 TIP to add the additional $4 million in FY 24 SU funds and $3,144,616 in Local Funds to the project, for a total FY 24 amount of $11,859,616. The project is for new construction of the 16th St. Bridge NE from Golden Gate to 12th Ave NE. The Amendment and supporting Resolution had received endorsement from the CAC and TAC, and that Staff recommended Board approval. Commissioner McDaniel moved to approve the amendment to FY24-28 TIP to add funds to 16th St. Bridge and Council Member Perry seconded. Roll Call Vote. Chair Folley - Yes Vice-Chair Hall – Yes Commissioner Kowal – Yes Commissioner McDaniel – Yes Commissioner LoCastro – Yes Council Member Blankenship – Yes Council Member Perry - Yes Council Member Pernas - Yes Passed unanimously. 8.E. Approve an Amendment to the FY 2024-2028 Transportation Improvement Program to Add Funds to the Green Blvd Project Mr. Kingston explained that MPO was seeking Board approval of an Amendment to the FY 2024 2028 Collier MPO TIP and authorizing Resolution to add funds to the Green Blvd project. The MPO asked FDOT on behalf of Collier County, to add $1,111,000 in FY 24 SU funds to the Green Blvd project to cover 4.B.1 Packet Pg. 15 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 7 the increased construction cost and CEI (Construction and Engineering Inspection). FDOT followed up and in turn requested the MPO to amend its FY 2024-2028 TIP to add the $1.111 million in FY 24 SU funds for construction. The project is to construct a bike lane/sidewalk on green Blvd. between Santa Barbara Blvd to Sunshine Blvd. The Amendment and supporting Resolution had received endorsement from the CAC and TAC, and Staff recommended Board approval. Commissioner McDaniel moved to approve the amendment to FY24-28 TIP to add funds to Green Blvd. and Vice-Chair Hall seconded. Roll Call Vote. Chair Folley - Yes Vice-Chair Hall – Yes Commissioner Kowal – Yes Commissioner McDaniel – Yes Commissioner LoCastro – Yes Council Member Blankenship – Yes Council Member Perry - Yes Council Member Pernas - Yes Passed unanimously. 9. REGULAR BOARD ACTION (NO ROLL CALL) 9.A. Approve Amendment 5 to the FY 2022-2024 Unified Planning Work Program Ms. Hansen explained that the item was for the Board to approve Amendment 5 to the Fiscal Year (FY) 22/23-23-24 Unified Planning Work Program (UPWP) and related Resolution. The UPWP provides a planning work program that identifies and describes the MPO’s budget for activities, studies and technical support and also lists the funding source(s) for each planning task. UPWP Amendment 5 contains the following substantiative changes: the inclusion of funding information for the Safe Streets and Roads for All Grant Program and associated Safety Action Plan in Task 5 (with funding of $200,000 from USDOT; $40,000 from Collier County; and $10,000 from carryover MPO Local Funds), the removal of the Transportation System Performance Report from the scope of work in Task 4 and reallocation of associated FY 23/24 SU funding ($50,000) towards the Long-Range Transportation Plan (LRTP), and the reallocation of $13,000 in FY 23/24 personnel funding from Task 4 (LRTP) to Task 7 (Regional Coordination). The public comment period for the proposed UPWP Amendment began on November 17, 2023 and closed at the start of the MPO Board meeting. At of the time of the meeting, no public comments had been received. The Amendment had received endorsement from the CAC and TAC, and Staff recommended Board approval. Council Member Perry moved to approve the amendment 5 to the FY 2022-2024 Unified Planning Work Program, and Commissioner McDaniel seconded. Passed unanimously. 4.B.1 Packet Pg. 16 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 8 9.B. Approve a Work Order for Stantec Consulting Services to Complete the Transit Development Plan Major Update Ms. Hansen explained that the item was to approve a Work Order for Stantec Consulting Services to complete the Transit Development Plan Major Update (TDP). The TDP Major is a 10-year plan which addresses transit and mobility needs, cost and revenue projections, and Community Transit goals, objectives, and policies. FDOT requires that recipients of State Transit Block funds prepare a major update to the TDP every 5 years. The MPO, in coordination with Public Transit and Neighborhood Enhancement (PTNE), works with a consultant to develop the plan. The TDP major is identified in Task 6 (Transit and Transportation Disadvantaged Planning) of the FY 2022/23 - 2023-24 Unified Planning Work Program (UPWP). The project would be completed under the MPO’s Professional Services General Planning Contract 18-7432 MP, which was approved by the MPO board on March 12, 2021. In accordance with the contract, a request was sent to Collier County’s Procurement Services to assign a vendor for the study. Procurement Services assigned Stantec Consulting Services to complete the project. The MPO met with Stantec and Stantec has extensive experience in developing transit-related plans. The cost to complete the work order would be $184,978. Sufficient funding is allocated in the UPWP. Collier MPO requested and received FDOT’s concurrence with the scope of services and to use Stantec Consulting Services. The project scope of services was endorsed by the CAC and TAC. Commissioner LoCastro asked if the cost was typical. Ms. Hansen responded that the cost was in line with typical consulting costs for the work of such complex plans. Ms. McLaughlin confirmed Ms. Hansen’s response, adding that the work was vital to the LRTP and that a competitive bidding process was completed. Commissioner LoCastro moved to approve a Work Order for Stantec Consulting Services to Complete the Transit Development Plan Major Update, and Commissioner McDaniel seconded. Passed unanimously. 9.C. Approve Regional Passenger Rail Study Joint Resolution and Application Ms. McLaughlin explained that the item was being presented for the Board to approve a Joint Resolution involving four (4) MPOs submitting a Passenger Rail Program Priority project to conduct a Southwest Florida Rail Study. She continued by saying that the MPO Advisory Council (MPOAC) launched a Pilot Passenger Rail Priorities Program (PRPP). The goal of the PRPP is to expand rail options across the State of Florida while creating a comprehensive, integrated, and coordinated multimodal network. Potential rail projects in Florida identified through the PPRP would be communicated to FDOT to tap into funds available under the Florida Rail Enterprise, and federal discretionary rail grants available under the Bipartisan Infrastructure Law (BIL). Staff from the 4 Southwest Florida MPOs, including Collier, Lee, Charlotte, and Sarasota/Manatee, had coordinated regarding the language in the Joint Resolution, 4.B.1 Packet Pg. 17 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 9 which was reviewed by Mr. Teach, and agreed to submit a Joint Priority Application Request under the Program for a SW Florida Rail Study. The Lee MPO Board adopted the Joint Resolution at their meeting held on November 17, 2023. Staff recommends Collier MPO Board approval, which will be followed by Charlotte, and Sarasota/Manatee, wrapping up in January 2024. The purpose of the study to investigate the feasibility of running an intercity (such as Amtrak) or high-speed rail on I-75, using the multimodal transit envelope (the median). The rail would connect all 4 metropolitan areas with existing and planned passenger rail network. FDOT previously conducted a bus rapid transit study in the same corridor and learned that bus rapid transit could be a good test pilot program for the rail. The grant application request is for $1.75 million. Ms. McLaughlin provided a presentation which can be viewed in the December 8, 2023 MPO Afternoon Regular Meeting Agenda. Chair Folley asked if the grant amount was to be split between the counties, if the Collier MPO region would incur costs based on a required match agreement, and if there was any information on the statistics of the utilization of the Brightline rail line in Miami, as he wanted to have some assurance that a rail would be utilized in Southwest Florida. Ms. McLaughlin said that to her knowledge, the funding dividends were not yet known and that she would investigate the east coast rail statistics. Chair Folley said he would like to look over the statistics to better inform the pursuit of a rail. Commissioner Blankenship was concerned that there might not be a demand for an intercity rail, and the costs could get into the billions. Ms. McLaughlin confirmed that the grant funds available for the study were earmarked for rail projects only and would not be available for other types of projects. The study would answer the utilization question, and then there could potentially be a local grant match requirement if rail network feasibility was discovered. Mr. Gaither explained that the study was a Resolution that started with the MPOAC. The intention of the MPOAC was to investigate feasibility to keep up with the rail-wise trend. The Resolutions in place were created to be sure that there would be interest. There is no definitive funding yet. Chair Folley said he understood that the Resolution was for the study and was a preliminary step, and that the study as well as obtaining information on the rail usage on the east coast would inform the Board whether it might be worth any match agreement costs. Council Member Pernas moved to approve the Regional Passenger Rail Study Joint Resolution and Application, and Council Member Perry seconded. Passed 7:1 with Council Member Blankenship dissenting. 4.B.1 Packet Pg. 18 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 10 9.D. Review and Comment on FDOT Functional Classification and Urban Boundary Updates Mr. Purvis provided a presentation on the FDOT Draft Functional Classification and Urban Boundary Changes, which can be viewed in the December 8, 2023 MPO Afternoon Regular Meeting Agenda. Ms. McLaughlin said that Trinity Scott, Collier County Transportation Department Head, requested TAC to do a thorough examination of the functional classification updates, substantiating that if a road was classified as a “Collector” or above, it would have inclusion in the federal aid system and be available for FEMA funds, so proper road classification was vital. The comments and concerns that arose from TAC’s examination were brought to FDOT for reconsideration of some classifications. As those comments and concerns were still in consideration by FDOT during the time of the MPO Board meeting, staff was recommending that the item be brought back to the committees in January 2024 for endorsement, and then back to the Board in February 2024 for final approval. 10. PRESENTATIONS (MAY REQUIRE BOARD ACTION) 10.A. FDOT Draft Tentative work Program 2025-2029 Ms. Peters presented a video by FDOT which can be viewed at FDOT Five Year Work Program. Ms. Peters commented that the successful year that FDOT enjoyed, as well as the success of FDOT’s Work program, was due to the great collaboration and relationship FDOT has had with the Collier MPO Staff and Board. She thanked everyone. Mr. Kingston mentioned that the item was being presented to give the Board the opportunity to review the Draft Tentative Work Program for FY 2025 -2029 in detail (including the draft and summary of changes), ask questions, and provide comments to FDOT. FDOT released the FY 2025-2029 Draft Tentative Work Program on October 18, 2023. MPO staff distributed copies to agency technical staff for review and comment. The summary of changes was made up of additions, advances, deferrals, cost increases and decreases, and deletions. Mr. Kingston reviewed several of the projects which can be viewed in detail in the December 8, 2023 MPO Afternoon Regular Meeting Agenda. 10.B. Report on Florida Greenways and Trails Council Meeting on Addition of Collier to Polk Regional Trail to the SUN Trail Network Ms. McLaughlin said she attended and provided a presentation to the Florida Greenways and Trails Council Meeting (FGTC) on December 6, 2023. The presentation and concept came from FDOT District One. It was noted that the Board approved a Resolution which showed the existing land opportunity trails at the September 8, 2023 meeting. Since that meeting, Ms. Mclaughlin received a letter from Senator 4.B.1 Packet Pg. 19 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 11 Passidomo supporting the addition of S.R. 29 to the Trail. FGTC voted and accepted the Collier to Polk Trail and State Road 29 addition. Vice-Chair Hall moved to ratify the addition of State Road 29 to the Collier to Polk Regional Trail, and Council Member Pernas seconded. Passed unanimously. 11. DISTRIBUTION ITEMS 11.A. FDOT Response Letter to USDOT Regarding Carbon Reduction Program Ms. McLaughlin explained that this was for the Board to receive a copy of a letter FDOT’s Secretary, Perdue, sent to USDOT’s Secretary, Buttigieg, regarding the Carbon Reduction Program. Secretary Perdue’s letter, dated November 13, 2023, stated that FDOT would not submit to the Carbon Reduction Strategy required by USDOT and therefore was opting out of participating in the Carbon Reduction Program (CRP). MPOAC Executive Director, Mark Reichert, distributed the letter to the MPOs and relayed that he was not sure what impact it would have on the CRP formula funding, and that he was reaching out to the FDOT for guidance. FDOT’s revenue projections for the 2050 LRTP had indicated that Collier MPO would receive approximately $576,000 in CRP formula funds on an annual basis. Mr. Gaither explained that the letter was the continuation of a conversation that had been taking place between FDOT and USDOT regarding the carbon reduction funds that were in place. One of the areas of concern was that there were no performance measures in place. Funds were being spent without knowledge of what the stipulations would be. No action had yet been taken. Central Office would be reviewing the options. Chair Folley agreed with the Senator’s request to investigate the stipulations of the funds. 11.B. Letter of Support for Miccosukee Tribe’s Application to Federal Lands Program Ms. McLaughlin explained that this was for the Board to receive a copy of a Letter of Support of the Miccosukee Tribe of Indians of Florida’s Nationally Significant Federal Lands and Tribal Projects (NSFLTP) Program. She continued that the Miccosukee Tribe had previously applied for various federal discretionary grants, without success, to construct safety improvements to Snake Rd. The Tribe was applying to the NSFLTP Program. The MPO has consistently supported the Tribe’s attempts at finding funding for safety improvements. 12. MEMBER COMMENTS Commissioner McDaniel wished everyone a Merry Christmas. Vice-Chair Hall wished everyone a Merry Christmas and thanked Ms. McLaughlin for her service. Council Member Perry wished everyone a Merry Christmas. 4.B.1 Packet Pg. 20 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 12 Council Member Pernas wished everyone a Merry Christmas. Chair Folley congratulated the Board on their great work that day and mentioned that he was excited about the incoming director. 13. NEXT MEETING DATE 13.A. February 9, 2024 - 9:30 a.m. Board of County Commissioners Chambers, 3299 Tamiami Trail East, Naples, FL 34112 14. ADJOURN There being no further business, Chair Folley adjourned the meeting at approximately 2:12 p.m. 4.B.1 Packet Pg. 21 Attachment: December 8, 2023 MPO Afternoon Meeting Minutes (27866 : December 8, 2023 MPO Afternoon Meeting Minutes) 02/09/2024 EXECUTIVE SUMMARY Approve Change Order 1 for Jacobs Engineering Group for the Collier Area Transit Regional Service and Regional Fare Study OBJECTIVE: To obtain MPO Board approval of administrative Change Order 1 providing Jacobs Engineering Group with an eight-week extension of time to complete the Collier Area Transit Regional Service and Regional Fare Study. CONSIDERATIONS: The MPO Board approved a work order for Jacobs Engineering to complete the Collier Area Transit Regional Service and Regional Fare Study at its February 10, 2023, meeting. The Study will evaluate the prospect of implementing additional regional bus service between Collier County and Lee County, including the evaluation of and recommendation for a potential Regional Fare structure. The Study will help guide the County in the development of transit service strategies to connect and create mobility options for residents of Collier and Lee Counties. The Study is identified within the County’s Transit Development Plan, which is incorporated into the MPO’s 2045 Long Range Transportation Plan. A notice to proceed to Jacobs for the Study was issued on March 13, 2023, and the current expiration date for the project is March 12, 2024. Jacobs Engineering has requested, and MPO Staff has agreed to, a seven-week extension of time for the Study to complete public participation and committee/Board meetings, and to make any necessary revisions to the report resulting from public outreach and the meetings. MPO Staff has prepared Change Order 1 for an eight-week extension of time (in an abundance of caution), making the new expiration date for the project May 7, 2024. COMMITTEE RECOMMENDATIONS: Contracting matters are not presented to committees. STAFF RECOMMENDATION: That the Board approve Change Order 1 granting Jacobs Engineering Group an eight-week extension of time to complete the Collier Area Transit Regional Service and Regional Fare Study, and authorize the Chair to sign the Change Order. Prepared by: Dusty May Hansen, MPO Senior Planner ATTACHMENT(S) 1. Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (PDF) 4.C Packet Pg. 22 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 4.C Doc ID: 27864 Item Summary: Approve Change Order 1 for Jacobs Engineering Group for the Collier Area Transit Regional Service and Regional Fare Study Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:42 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:42 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:36 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:12 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 4.C Packet Pg. 23 12/14/23 4.C.1 Packet Pg. 24 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 25 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 26 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 27 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 28 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 29 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 30 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 31 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 32 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 33 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 34 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 35 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 36 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 37 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 38 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 39 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 40 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 4.C.1 Packet Pg. 41 Attachment: Change Order 1 – Jacobs Engineering Group/ Regional Service and Regional Fare Study (27864 : Approve Change Order 1 for 02/09/2024 EXECUTIVE SUMMARY Citizens Advisory Committee Chair Report OBJECTIVE: For the MPO Board to receive a report from the Chair of the Citizens Advisory Committee (CAC) related to recent committee actions and recommendations. CONSIDERATIONS: Staff prepared the attached written report. The CAC Chair may provide a verbal report providing additional information regarding recent committee activities. COMMITTEE RECOMMENDATION: Committee recommendations are reported in the Executive Summary for each action item and may be elaborated upon by the Chair in his/her report to the Board. STAFF RECOMMENDATION: Not applicable. Prepared by: Dusty May Hansen, Senior Planner ATTACHMENT(S) 1. CAC Chair Report 1-22-24 (PDF) 7.A.1 Packet Pg. 42 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 7.A.1 Doc ID: 27867 Item Summary: Citizens Advisory Committee Chair Report Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:52 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:52 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:50 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:09 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 7.A.1 Packet Pg. 43 Citizens Advisory Committee (CAC) Chair Report The Collier MPO held its regularly scheduled, in-person, CAC meeting on January 22, 2024; a quorum was achieved. Agency Reports • Florida Department of Transportation (FDOT) o FDOT’s community liaison, Ms. Victoria Peters, announced that she would be attending the Florida Metropolitan Planning Partnership and the Metropolitan Planning Organization Advisory Council (MPOAC) meetings in Orlando later in the week. The new Transportation Improvement Program downloads should be available in March or April. • MPO Director o Anne McLaughlin, MPO Executive Director, announced that there were various related bills before the Florida Legislature that impact MPOs: SB 1032, HB 1301, HB 7049. There is a recommendation that Lee and Collier MPO’s conduct a feasibility study on consolidation. Some other provisions include elimination of the MPOAC, new performance measures to evaluate the performance of MPOs where low scoring MPOs would be taken over by FDOT for up to one year, and constraint on the use of State transportation funds to only consider pecuniary factors and not to consider social concerns, such as equity, environmental justice and certain environmental issues. Ms. McLaughlin also announced that the MPO Executive Director position for her replacement has not been filled, and how to move forward will be discussed with the MPO Board at its February meeting. Committee Actions • Elected Chair and Vice-Chair. The CAC Bylaws require that a Chair and Vice-Chair be elected at the first regularly scheduled meeting of each calendar year. CAC re-elected Elaine Middelstaedt, Everglades City, as Chair and Neal Gelfand, District II, as Vice-Chair. • Endorsed FDOT Vision Zero Safety Performance Targets for Calendar Year 2024. • Endorsed an Amendment to the FY 24-28 Transportation Improvement Program (TIP) to add transit projects (FPN 454246-1, 452749-1, 439255-1, 451893-1, and 451893-2). • Endorsed the Collier to Polk Regional Trail Project Development and Environmental (PD&E) as a Priority for SUN Trail Funding. • Endorsed an Amendment to the FY 24-28 TIP for the South Golf Drive bike/ped project (to add a new project number for the construction phase and make a correction to the Transportation System and Roadway ID and beginning/ending mileposts; FPN 440437-1 and 440437-2). Reports and Presentations • FDOT Community Planning Team Presentation - Erica McCaughey, FDOT Complete Streets Coordinator, provided a brief presentation regarding FDOT’s efforts to coordinate with local partners on growth management, land use, and transportation issues early in the process, including discussing redevelopment and new development, concurrency and impact fees, and consistent collaboration. 7.A.1.a Packet Pg. 44 Attachment: CAC Chair Report 1-22-24 (27867 : Citizens Advisory Committee Chair Report) Distribution Items • None. The next regularly scheduled meeting will be held on February 26, 2024, at 2:00 P.M. 7.A.1.a Packet Pg. 45 Attachment: CAC Chair Report 1-22-24 (27867 : Citizens Advisory Committee Chair Report) 02/09/2024 EXECUTIVE SUMMARY Technical Advisory Committee Chair Report OBJECTIVE: For the MPO Board to receive a report from the Chair of the Technical Advisory Committee (TAC) related to recent committee actions and recommendations. CONSIDERATIONS: Staff prepared the attached written report. The TAC Chair may provide a verbal report providing additional information regarding recent committee activities. COMMITTEE RECOMMENDATION: Committee recommendations are reported in the Executive Summary for each action item and may be elaborated upon by the Chair in his/her report to the Board. STAFF RECOMMENDATION: Not applicable. Prepared by: Dusty May Hansen, Senior Planner ATTACHMENT(S) 1. TAC Chair Report 1-22-24 (PDF) 7.B.1 Packet Pg. 46 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 7.B.1 Doc ID: 27868 Item Summary: Technical Advisory Committee Chair Report Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:53 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:53 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:53 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:08 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 7.B.1 Packet Pg. 47 Technical Advisory Committee (TAC) Chair Report The Collier MPO held its regularly scheduled, in-person, TAC meeting on January 22, 2024; a quorum was achieved. Agency Reports • Florida Department of Transportation (FDOT) o FDOT’s community liaison, Ms. Victoria Peters, announced that she would be attending the Florida Metropolitan Planning Partnership and the Metropolitan Planning Organization Advisory Council (MPOAC) meetings in Orlando later in the week. A new two-year Unified Planning Work Program (UPWP) will be forthcoming in April and May-there may be an update to the MPO Handbook as it relates to the UPWP checklist. The new Transportation Improvement Program downloads should be available in March or April. • MPO Director o Anne McLaughlin, MPO Executive Director, announced that there were various related bills before the Florida Legislature that impact MPOs: SB 1032, HB 1301, HB 7049. There is a recommendation that Lee and Collier MPO’s conduct a feasibility study on consolidation. A similar bill was passed last year for other MPOs. Some other provisions include elimination of the MPOAC, new performance measures to evaluate the performance of MPOs where low scoring MPOs would be taken over by FDOT for up to one year, and constraint on the use of State transportation funds to only consider pecuniary factors and not to consider social concerns, such as equity, environmental justice and certain environmental issues. Ms. McLaughlin also announced that the MPO Executive Director position for her replacement has not been filled, and how to move forward will be discussed with the MPO Board at its February meeting. Committee Actions • Elected Chair and Vice-Chair. The TAC Bylaws require that a Chair and Vice-Chair be elected at the first regularly scheduled meeting of each calendar year. TAC re-elected Lorraine Lantz, Collier County Transportation Planning Manager, as Chair and Alison Bickett, City of Naples Streets & Stormwater Traffic Engineer, as Vice-Chair. • Endorsed FDOT Vision Zero Safety Performance Targets for Calendar Year 2024. • Endorsed an Amendment to the FY 24-28 Transportation Improvement Program (TIP) to add transit projects (FPN 454246-1, 452749-1, 439255-1, 451893-1, and 451893-2). • Endorsed the Collier to Polk Regional Trail Project Development and Environmental (PD&E) as a Priority for SUN Trail Funding. • Endorsed an Amendment to the FY 24-28 TIP for the South Golf Drive bike/ped project (to add a new project number for the construction phase and make a correction to the Transportation System and Roadway ID and beginning/ending mileposts; FPN 440437-1 and 440437-2). Reports and Presentations • FDOT Community Planning Team Presentation - Erica McCaughey, FDOT Complete Streets Coordinator, provided a brief presentation regarding FDOT’s efforts to coordinate with local 7.B.1.a Packet Pg. 48 Attachment: TAC Chair Report 1-22-24 (27868 : Technical Advisory Committee Chair Report) partners on growth management, land use, and transportation issues early in the process, including discussing redevelopment and new development, concurrency and impact fees, and consistent collaboration. Distribution Items • None. The next regularly scheduled meeting will be held on February 26, 2024, at 9:30 AM. 7.B.1.a Packet Pg. 49 Attachment: TAC Chair Report 1-22-24 (27868 : Technical Advisory Committee Chair Report) 02/09/2024 EXECUTIVE SUMMARY Bicycle and Pedestrian Advisory Committee Chair Report OBJECTIVE: For the MPO Board to receive a report from the Chair of the Bicycle and Pedestrian Advisory Committee (BPAC) related to recent committee actions and recommendations. CONSIDERATIONS: Staff prepared the attached written report. The BPAC Chair may provide a verbal report providing additional information regarding recent committee activities. COMMITTEE RECOMMENDATION: Committee recommendations are reported in the Executive Summary for each action item and may be elaborated upon by the Chair in his/her report to the Board. STAFF RECOMMENDATION: Not applicable. Prepared by: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. BPAC Chair Report 1-16-24 (PDF) 7.C.1 Packet Pg. 50 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 7.C.1 Doc ID: 27869 Item Summary: Bicycle and Pedestrian Advisory Committee Chair Report Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:55 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:55 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:54 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:03 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 7.C.1 Packet Pg. 51 Bicycle and Pedestrian Advisory Committee Chair Report The Bicycle and Pedestrian Advisory Committee (BPAC) held its regularly scheduled in-person meeting on January 16, 2024; a quorum was achieved. Agency Reports • Florida Department of Transportation (FDOT): o None. • MPO: o Mr. Kingston reported that items on the next Board agenda include the approvals of the work orders for the Long Range Transportation Plan (LRTP) and Safe Streets for All (SS4A) Safety Action Plan. He also mentioned that the selected MPO Executive Director candidate had withdrawn her application and that the subject would be discussed at the next MPO Board meeting. Committee Actions • 2024 Chair and Vice Chair elections were made as required per BPAC bylaws at the first meeting of the year. Mr. Anthony Matonti was reelected as BPAC Chair. Ms. Michelle Sproviero was elected Vice Chair. • Endorsed the Collier to Polk Regional Trail PD&E as a Priority for SUN Trail Funding. • Reviewed and commented on the 2025 Bike-Ped Call for Projects Application Packet and agreed on its presentation while raising questions as to whether the term “non-motorized” could be changed on the MPO Project Concept and Project Scoring sheets to include new forms of micromobility. Mr. Kingston will research the terminology that FDOT and other MPOs are using and report back. Reports and Presentations • Mr. Kingston reported on the FDOT Bike-Ped Count Program Locations in Collier County with a new proposed location on Rich King Memorial Greenway and an existing counter on Gordon River Greenway which began collecting data in 2023. Committee discussed possible additional locations. Distribution Items • None. The next regular meeting is scheduled for February 20, 2024, at 9:00 AM. 7.C.1.a Packet Pg. 52 Attachment: BPAC Chair Report 1-16-24 (27869 : Bicycle and Pedestrian Advisory Committee Chair Report) 02/09/2024 EXECUTIVE SUMMARY Congestion Management Committee Chair Report OBJECTIVE: For the MPO Board to receive a report from the Chair of the Congestion Management Committee (CMC) related to recent committee actions and recommendations. CONSIDERATIONS: Staff prepared the attached written report. The CMC Chair may provide a verbal report providing additional information regarding recent committee activities. COMMITTEE RECOMMENDATION: Committee recommendations are reported in the Executive Summary for each action item and may be elaborated upon by the Chair in his/her report to the Board. STAFF RECOMMENDATION: Not applicable. Prepared by: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. CMC Chair Report 1-17-24 (PDF) 7.D.1 Packet Pg. 53 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 7.D.1 Doc ID: 27870 Item Summary: Congestion Management Committee Chair Report Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 9:57 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 9:57 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 9:56 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:02 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 7.D.1 Packet Pg. 54 Congestion Management Committee Chair Report The Collier MPO held its regularly scheduled in-person Congestion Management Committee (CMC) meeting on January 17, 2024; a quorum was achieved. Agency Reports • Florida Department of Transportation (FDOT): o None. • MPO: o Mr. Kingston reported that items on the next Board agenda include the approvals of the work orders for the Long Range Transportation Plan (LRTP) and Safe Streets for All (SS4A) Safety Action Plan. He also mentioned that the selected MPO Executive Director candidate had withdrawn her application and that the subject would be discussed at the next MPO Board meeting. Committee Actions • 2024 Chair and Vice Chair elections were made as required per CMC bylaws on the first meeting of the year. Ms. Lorraine Lantz was elected as Chair. Mr. Leandro Goicoechea was elected as Vice Chair. • The committee agreed that the preliminary rating and ranking list based on their submitted score sheets for the 2023/2024 Congestion Management Call for Projects was satisfactory and, with the option given by staff, moved to approve it as their final list to be presented to Technical and Citizens Advisory Committees for endorsement and then Board for preliminary and final review and approval. Reports and Presentations • None. Distribution Items • None. Next Meeting The next regular meeting will be held on March 20, 2024. 7.D.1.a Packet Pg. 55 Attachment: CMC Chair Report 1-17-24 (27870 : Congestion Management Committee Chair Report) 02/09/2024 EXECUTIVE SUMMARY Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution to add five transit projects OBJECTIVE: Board approval of an Amendment to the FY 2024-2028 Collier MPO Transportation Improvement Program (TIP) and Authorizing Resolution to add five transit projects. CONSIDERATIONS: The Florida Department of Transportation (FDOT) has requested the Collier MPO to amend its FY 2024-2028 TIP to add the following transit projects: • 454246-1: Capital for fixed transit route. This is for the replacement of a fixed route bus. • 452749-1: Urban corridor improvements. This is for operating funds to support bus routes on state roadways. • 439255-1: Capital for fixed transit route. This is for the replacement of a fixed route bus. • 451893-1: Capital for fixed transit route. This is for the replacement of a fixed route bus. • 451893-2: Capital for fixed transit route. This is for a new support vehicle. The MPO is following the TIP amendment public involvement process outlined in the MPO’s Public Participation Plan in that this Amendment has been: • Posted for review by the TAC and CAC; • Public comment period announced on the MPO website; and • Distributed via e-mail to applicable list-serve(s). The comment period began on January 12, 2024, and ends with the MPO Board meeting on February 9, 2024. COMMITTEE RECOMMENDATIONS: The Technical and Citizens Advisory Committees voted to endorse the amendment at their meetings held on January 22, 2024. STAFF RECOMMENDATION: That the Board approve the Amendment and Authorizing Resolution. Prepared By: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. MPO Resolution 2024-01, including Exhibits 1 and 2 (PDF) 8.A Packet Pg. 56 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 8.A Doc ID: 27871 Item Summary: Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution to add five transit projects Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:03 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:03 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:01 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:06 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 8.A Packet Pg. 57 8.A.1 Packet Pg. 58 Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1 Packet Pg. 59 Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 60Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 61Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 62Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 63Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 64Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 65Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1Packet Pg. 66Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the 8.A.1 Packet Pg. 67 Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1 Packet Pg. 68 Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 8.A.1 Packet Pg. 69 Attachment: MPO Resolution 2024-01, including Exhibits 1 and 2 (27871 : Approve an Amendment to the FY 2024-2028 TIP to Add 5 Transit 02/09/2024 EXECUTIVE SUMMARY Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution for South Golf Drive OBJECTIVE: For the MPO Board to approve an Amendment to the FY 2024-2028 Collier MPO Transportation Improvement Program (TIP) and Authorizing Resolution to revise a project and add a project on South Golf Drive regarding bicycle and pedestrian matters. CONSIDERATIONS: The Florida Department of Transportation (FDOT) has requested the Collier MPO to amend its FY 2024-2028 TIP for the South Golf Drive bike/ped project to add a new project number for the construction phase and make a correction to the Transportation System and Roadway ID and beginning/ending mileposts. The original TIP project sheet for FPN 440437-1 has been revised and a new TIP project sheet for segment -2 has been added. The construction phase has been moved from segment -1 to -2, authorized with a different Federal Aid Number. • 440437-1: Bike Lane/Sidewalk, South Golf Drive from Gulf Shore Boulevard to West US 41. • 440437-2: Bike Lane/Sidewalk, South Golf Drive from Gulf Shore Boulevard to West US 41. The MPO is following the TIP amendment public involvement process outlined in the MPO’s Public Participation Plan in that this Amendment has been: • Posted for review by the TAC and CAC; • Public comment period announced on the MPO website; and • Distributed via e-mail to applicable list-serve(s). The comment period began on January 16, 2024, and ends with the MPO Board meeting on February 9, 2024. COMMITTEE RECOMMENDATION: The Technical and Citizens Advisory Committees voted to endorse the Amendment at their meetings on January 22, 2024. STAFF RECOMMENDATION: That the Board approve the Amendment and Authorizing Resolution. Prepared By: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. MPO Resolution 2024-03, including Exhibits 1 and 2 (PDF) 8.B Packet Pg. 70 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 8.B Doc ID: 27872 Item Summary: Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution for South Golf Drive Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:07 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:07 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:05 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:13 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 8.B Packet Pg. 71 8.B.1 Packet Pg. 72 Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 8.B.1 Packet Pg. 73 Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 8.B.1 Packet Pg. 74 Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 8.B.1 Packet Pg. 75 Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 8.B.1Packet Pg. 76Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 8.B.1 Packet Pg. 77 Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 8.B.1 Packet Pg. 78 Attachment: MPO Resolution 2024-03, including Exhibits 1 and 2 (27872 : Approve an Amendment to the FY 2024-2028 TIP for South Golf Drive) 02/09/2024 EXECUTIVE SUMMARY Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution for State Road 82 OBJECTIVE: For the MPO Board to approve an Amendment to the FY 2024-2028 Collier MPO Transportation Improvement Program (TIP) and Authorizing Resolution to add the project to add lanes and reconstruct State Road 82 from the Hendry County Line to Gator Slough Lane. CONSIDERATIONS: The Florida Department of Transportation (FDOT) has requested the Collier MPO to amend its FY 2024-2028 TIP for this project. This is a project from the previous FY 2023-2027 TIP. Towards the end of Fiscal Year (FY) 2023, the Construction phase was deferred to FY24 and not included in the TIP download files because this occurred very late in the FY. This is being added to the TIP to receive federal funds to reflect the final phase for the final segment of SR 82 widening. • 430848-1: Add lanes and reconstruct, SR 82 from Hendry County Line to Gator Slough Lane. The request was made after the Technical and Citizens Advisory Committees met on January 22. The MPO’s Public Participation Plan, under “Exceptions to Notification Commitments,” allows staff to bring proposed actions forward to the MPO Board that the TAC and CAC have not had the opportunity to review and comment on when responding to a request from FDOT to act quickly. The public comment period began on January 30, 2024, and ends with the MPO Board meeting on February 9, 2024. • Public comment period announced on the MPO website; and • Distributed via e-mail to applicable list-serve(s). COMMITTEE RECOMMENDATION: N/A. STAFF RECOMMENDATION: That the Board approve the Amendment and Authorizing Resolution. Prepared By: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. MPO Resolution 2024-04, including Exhibits (PDF) 8.C Packet Pg. 79 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 8.C Doc ID: 27873 Item Summary: Approve an Amendment to the FY 2024-2028 Transportation Improvement Program and Authorizing Resolution for State Road 82 Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:10 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:10 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:09 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:14 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 8.C Packet Pg. 80 8.C.1 Packet Pg. 81 Attachment: MPO Resolution 2024-04, including Exhibits (27873 : Approve an Amendment to the FY 2024-2028 TIP for State Road 82) 8.C.1 Packet Pg. 82 Attachment: MPO Resolution 2024-04, including Exhibits (27873 : Approve an Amendment to the FY 2024-2028 TIP for State Road 82) 8.C.1 Packet Pg. 83 Attachment: MPO Resolution 2024-04, including Exhibits (27873 : Approve an Amendment to the FY 2024-2028 TIP for State Road 82) 8.C.1 Packet Pg. 84 Attachment: MPO Resolution 2024-04, including Exhibits (27873 : Approve an Amendment to the FY 2024-2028 TIP for State Road 82) 8.C.1 Packet Pg. 85 Attachment: MPO Resolution 2024-04, including Exhibits (27873 : Approve an Amendment to the FY 2024-2028 TIP for State Road 82) 8.C.1 Packet Pg. 86 Attachment: MPO Resolution 2024-04, including Exhibits (27873 : Approve an Amendment to the FY 2024-2028 TIP for State Road 82) 02/09/2024 EXECUTIVE SUMMARY Elect MPO Board Chair and Vice-Chair OBJECTIVE: For the Board to elect a Chair and Vice-Chair for calendar year 2024. CONSIDERATIONS: The MPO Bylaws (attached) provide that the Board shall elect a Chair and Vice-Chair at the first regularly scheduled meeting of each calendar year and that the officers shall be voting members of the MPO. Any Board member may nominate or be nominated as Chair/Vice-Chair. Elections shall be decided by majority vote. The Chair and Vice-Chair shall serve a one-year term or until a successor is elected. Councilor Greg Folley is the current Chair; Commissioner Chris Hall is the current Vice-Chair. STAFF RECOMMENDATION: That the Board elect a Chair and Vice-Chair for calendar year 2024. Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. MPO Bylaws (PDF) 2. History of MPO Chair/Vice-Chair - 2010-2023 (PDF) 9.A Packet Pg. 87 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.A Doc ID: 27874 Item Summary: Elect MPO Board Chair and Vice-Chair Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:13 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:13 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:12 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:16 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.A Packet Pg. 88 9.A.1 Packet Pg. 89 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) 9.A.1 Packet Pg. 90 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) 9.A.1 Packet Pg. 91 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) 9.A.1 Packet Pg. 92 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) 9.A.1 Packet Pg. 93 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) 9.A.1 Packet Pg. 94 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) 9.A.1 Packet Pg. 95 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) M r:T R{ }P(} l, I I'A lt{ P [,.\ f ]i I fri C (} R(; A ]i I 7, A'I' I (] I llr t:lainr: \{ itldulstasdt. tl PO ("hair \ttcstr-'rl 81 \nne ,\pprurr cd ils t(l lirnn and lcgalitl : ( '( )l .l .llrR ('( )l lN'l'\' .'\'l"l ( )RFjl"\' Direr:tnr [3 r' Scott R, l'cach I)eput1, ( 'ouilt\ Attunrcr ,{M ,_:j \lP() It 9.A.1 Packet Pg. 96 Attachment: MPO Bylaws (27874 : Elect MPO Board Chair and Vice-Chair) Year Chair Vice‐Chair 2010 Councilman Trotter Councilwoman Sulick City of Marco Island City of Naples 2011 Councilwoman Sulick Commissioner Coletta City of Naples District 5 2012 Commissioner Coletta Councilman Saad District 5 City of Naples 2013 Councilman Saad Commissioner Fiala City of Naples District 1 2014 Councilman Saad Commissioner Fiala City of Naples District 1 2015 Councilman Saad Commissioner Nance City of Naples District 5 2016 Commissioner Taylor Councilman Batte District 4 City of Marco Island 2017 Commissioner Taylor Commissioner McDaniel District 4 District 5 2018 Commissioner McDaniel Councilwoman Penniman District 5 City of Naples 2019 Councilman Buxton Councilwoman Middelstaedt City of Naples City of Everglades City 2020 Councilwoman Middelstaedt Councilman Brechnitz City of Everglades City City of Marco Island 2021 Councilwoman Middelstaedt Councilman Perry City of Everglades City City of Naples 2022 Council Member Perry Council Member Folley City of Naples City of Marco Island 2023 Councilor Folley Commissioner Hall City of Marco Island District 2 9.A.2 Packet Pg. 97 Attachment: History of MPO Chair/Vice-Chair - 2010-2023 (27874 : Elect MPO Board Chair and Vice-Chair) 02/09/2024 EXECUTIVE SUMMARY Elect Representatives to Serve on the Metropolitan Planning Organization Advisory Council Board for 2024 OBJECTIVE: For the MPO Board to elect or re-elect a Metropolitan Planning Organization Advisory Council (MPOAC) Board representative and alternate for calendar year 2024. CONSIDERATIONS: The administrative rule of the MPOAC provides that “by no later than December 31st of each year, each metropolitan planning organization shall appoint its representative to the MPOAC to serve for the succeeding calendar year.” The MPO Director certified to the MPOAC Director that Commissioner William McDaniel would continue to serve as the MPOAC representative and Commissioner Burt Saunders as the alternate until the February 2024 Board meeting. Commissioner McDaniel participated in the January 25th meeting in Orlando. The MPOAC typically meets quarterly on the 4th Thursday of the month, in Orlando. The tentative dates and locations for the remaining 2024 MPOAC meetings are: April 25, 2024 Orlando, FL July 25, 2024 Orlando, FL October 24, 2024 Orlando, FL COMMITTEE RECOMMENDATION: N/A. STAFF RECOMMENDATION: For the MPO Board to elect or re-elect an MPOAC representative and alternate for calendar year 2024. Prepared By: Anne McLaughlin, MPO Director 9.B Packet Pg. 98 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.B Doc ID: 27875 Item Summary: Elect Representatives to Serve on the Metropolitan Planning Organization Advisory Council Board for 2024 Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:16 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:16 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:16 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:18 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.B Packet Pg. 99 02/09/2024 EXECUTIVE SUMMARY Report to the MPO Board on the status of contract negotiations with the Board-selected candidate for the position of Executive Director at its December 2023 meeting, and a recommendation to approve a Fifth Amendment to the existing Executive Director’s Employment Agreement extending the term of employment and increasing her annual salary. OBJECTIVE: To advise the Board of the status of contract negotiations with the Board-selected candidate for the position of Executive Director to the Collier MPO, and a recommendation to approve a Fifth Amendment to the existing Executive Director’s Employment Agreement extending the term of employment and increasing her annual salary. CONSIDERATIONS: At the Board’s December 12, 2023 meeting, it selected Ms. Lorraine Lantz to be its next Executive Director following the expiration of Anne McLaughlin’s Employment Agreement with the Board. The Board directed Chairman Folley to negotiate a new employment agreement with Ms. Lantz along with assista nce from the Deputy County Attorney. The parties met on December 18, 2023 and were able to reach an agreement as to all relevant terms of Ms. Lantz’s future employment with the MPO. After the close of that meeting, Ms. Lantz requested an opportunity to consider the offer prior to providing her acceptance. Thereafter, Ms. Lantz declined the opportunity by an email sent to Chairman Folley on December 20, 2023, for personal reasons unrelated to the negotiated agreement. (see attached e-mail). Prior to the Chairman’s receipt of Ms. Lantz’s email, I posed a hypothetical question to Director McLaughlin as to whether she would be interested in continuing on in her position at the same compensation offered to Ms. Lantz if Lorraine ultimately decided not to accept the position. After Ms. Lantz notified the Chairman that she decided to decline the MPO’s offer, I consulted with the Chairman who directed me to see if Director McLaughlin was interested in extending her agreement at the same negotiated salary and to send a one-way communication to the MPO Board members as to the status of negotiations with Ms. Lantz. There was some sense of urgency in pursuing a solution since Director McLaughlin’s Employment Agreement is scheduled to terminate on March 9, 2024. Director McLaughlin currently earns an annual salary of $116,793, which is approximately $19,507 less than the average $136,300 MPO Director salary at similarly sized MPOs as previously presented by the Collier County Human Resource Director. The $140,000 annual salary that had been negotiated with Ms. Lantz was based upon an approximately 7% increase of her current county salary, and represented approximately 2% above the average annual salary for directors at similarly sized MPOs. Considering Director McLaughlin’s long tenure with the Collier MPO and her predilection to not previously request salary increases, the attached proposed Fifth Amendment to her Employment Agreement recommends increasing her annual salary to $140,000, and extending her agreement for a year, with the option for the parties to mutually agree to further extend the agreement for up to two additional years. Notwithstanding the recommendation to approve the attached Fifth Amendment to the Employment Agreement, the Board can also explore other options including at least the following: (1) re -posting the position of Executive Director to solicit further qualified applicants, or (2) consider the secondary applicant the Board interviewed at its December 2023 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. All employment agreements are subject to approval by the Florida Department of Transportation and the Federal Highway Administration. The proposed Fifth Amendment was provided to staff with a request that it have those agencies review the attached amendment.-SRT RECOMMENDATION: Recommendation to accept the above report on the status of negotiations with the Board selected candidate for the position of Executive Director to the Collier MPO, and approve the attached proposed Fifth Amendment to the existing Executive Director’s Employment Agreement extending the term of her 9.C Packet Pg. 100 02/09/2024 employment, increasing her annual salary to $140,000, and authorizing the Chai rman to sign the attached amendment. Prepared by: Scott R. Teach, Deputy County Attorney ATTACHMENT(S) 1. Fifth Amendment to Collier MPO Executive Director Employment Agreement (PDF) 2. December 20, 2023, email to Chairman Greg Folley from Lorraine Lantz (PDF) 9.C Packet Pg. 101 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.C Doc ID: 27876 Item Summary: Report to the MPO Board on the status of contract negotiations with the Board-selected candidate for the position of Executive Director at its December 2023 meeting, and a recommendation to approve a Fifth Amendment to the existing Executive Director’s Employment Agreement extending the term of employment and increasing her annual salary. Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:25 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:25 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:23 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:27 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.C Packet Pg. 102 9.C.1Packet Pg. 103Attachment: Fifth Amendment to Collier MPO Executive Director Employment Agreement (27876 : Report on Candidate Contract Negotiations 9.C.1Packet Pg. 104Attachment: Fifth Amendment to Collier MPO Executive Director Employment Agreement (27876 : Report on Candidate Contract Negotiations 9.C.1Packet Pg. 105Attachment: Fifth Amendment to Collier MPO Executive Director Employment Agreement (27876 : Report on Candidate Contract Negotiations 9.C.2Packet Pg. 106Attachment: December 20, 2023, email to Chairman Greg Folley from Lorraine Lantz (27876 : Report on Candidate Contract Negotiations and 02/09/2024 EXECUTIVE SUMMARY Recommendation to award Agreement No. 22-8025, 2050 Long Range Transportation Plan, to Jacobs Engineering Group, Inc., for professional consulting services in the amount of $821,169 and authorize the Chair to execute the attached agreement OBJECTIVE: To procure professional consulting services to prepare the 2050 Long Range Transportation Plan (LRTP) on behalf of the Collier MPO prior to the deadline of December 11, 2025. CONSIDERATIONS: The MPO is required to complete a LRTP to receive federal funds. The LRTP is updated every five years and must maintain a minimum time horizon of 20 years to be in federal compliance. The 2045 LRTP was adopted in December 2020; therefore the 2050 LRTP must be adopted by December 2025. The previous LRTP update took two years to complete. The Collier MPO has completed the selection process for the 2050 LRTP. On April 14, 2023, the MPO Board accepted the selection committee’s ranking and authorized staff to negotiate a contract with the top ranked fi rm, Jacobs Engineering Group, Inc., for the 2050 LRTP. In accordance with the Consultant’s Competitive Negotiation Act, Florida Statutes §287.055, staff negotiated and reached a proposed agreement with Jacobs Engineering Group, Inc., in the total amount of $821,169, for professional consulting services to complete the 2050 LRTP. See Attachment 1. There is approximately $635,389 in funding identified in the FY 22-24 Unified Planning Work Program for the LRTP ($600,000 in SU funds and $35,389 in PL funds). For future years, FDOT has programmed SU funds for Collier MPO that can be used for the LRTP as follows: in FY 2025, $350,000 and in FY 2026, $350,000. If necessary, PL funding will be reallocated to cover any shortfall in future fiscal years. Staff has requested concurrence on the proposed agreement from FDOT and FHWA. MPO Staff will provide an update on the status of concurrence at the February 9th MPO Board meeting. COMMITTEE RECOMMENDATIONS: The Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC) previously approved the scope of services at their February 28, 2022, meetings. Contracting matters are not taken to the advisory committees. STAFF RECOMMENDATION: That the Board approve the award of Agreement No. 22-8025 to Jacobs Engineering Group, Inc., for professional consulting services to complete the 2050 LRTP and authorize the Chair to sign the attached agreement. Prepared By: Dusty May Hansen, MPO Senior Planner ATTACHMENT(S) 1. Professional Services Agreement # 22-8025 (PDF) 9.D Packet Pg. 107 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.D Doc ID: 27877 Item Summary: Recommendation to award Agreement No. 22-8025, 2050 Long Range Transportation Plan, to Jacobs Engineering Group, Inc., for professional consulting services in the amount of $821,169 and authorize the Chair to execute the attached agreement Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:31 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:31 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:28 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:51 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.D Packet Pg. 108 Page 1 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] PROFESSIONAL SERVICES AGREEMENT Contract # ___________ for “____________________________________________________________________” THIS AGREEMENT is made and entered into this day of ____________, 20 ___ by and between the Collier Metropolitan Planning Organization, Collier MPO, Florida, (hereinafter referred to as the “MPO”) whose address is 2885 South Horseshoe Drive, Naples, FL 34104 and _______________________________________________, authorized to do business in the State of Florida, whose business address is ____________________________________________________ (hereinafter referred to as the "CONSULTANT" and/or “CONTRACTOR”). W I T N E S S E T H: WHEREAS, the MPO desires to obtain the professional services of the CONSULTANT concerning_______________________________________________________________________ (hereinafter referred to as the "Project"), said services in accordance with the provisions of Section 287.055, Florida Statutes being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to MPO professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the MPO for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or 9.D.1 Packet Pg. 109 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 2 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to the MPO. 1.5. CONSULTANT designates _______ a qualified licensed professional to serve as the CONSULTANT's project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without the MPO’s prior written approval, and if so removed must be immediately replaced with a person acceptable to the MPO. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from the MPO to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the MPO. 1.7. The CONSULTANT represents to the MPO that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the MPO's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest@colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 9.D.1 Packet Pg. 110 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 3 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the MPO in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the MPO shall have the discretion to unilaterally terminate this Agreement immediately. 1.8. In the event of any conflicts in these requirements, the CONSULTANT shall notify the MPO of such conflict and utilize its best professional judgment to advise the MPO regarding resolution of each such conflict. The MPOS approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.9. The MPO reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to CONSULTANT’s performance of the work as related to the project. This list is not deemed to be all-inclusive, and the MPO reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The MPO may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT’s non-performance whether or not the MPO obtained substitute performance. 1.10. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without the MPO's prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide the MPO prompt written notice of any such subpoenas. 1.11. As directed by the MPO, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida 9.D.1 Packet Pg. 111 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 4 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by the MPO. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT 2.1. If authorized in writing by the MPO through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in the MPO’s Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by the MPO as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. The MPO will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If the MPO determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to the MPO of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT’s right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1.1 Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, the MPO's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by the MPO when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control and fault. 2.1.3 Providing renderings or models for the MPO's use. 2.1.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, 9.D.1 Packet Pg. 112 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 5 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] rate schedules and appraisals; and evaluating processes available for licensing and assisting the MPO in obtaining such process licensing. 2.1.5 Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.1.6 Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by the MPO, other than visits to the Project site or the MPO's office. 2.1.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.1.8 Preparing to serve or serving as a CONSULTANT or witness for the MPO in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.1.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE THE MPO'S RESPONSIBILITIES 3.1. The MPO shall designate in writing a project manager to act as the MPO's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define the MPO's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the CONSULTANT hereunder; b. The time the CONSULTANT is obligated to commence and complete all such services; or c. The amount of compensation the MPO is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: a. Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by CONSULTANT as to the MPO 's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; c. Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the MPO's possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; d. Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and 9.D.1 Packet Pg. 113 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 6 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] e. Provide notice to CONSULTANT of any deficiencies or defects discovered by the MPO with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from the MPO for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the MPO, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify the MPO in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which the MPO may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from the MPO. CONSULTANT's sole remedy against the MPO will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned “No Damage For Delay” provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT’s compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4. Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the MPO hereunder, the MPO at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the MPO's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. 4.5. In no event shall any approval by the MPO authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by the MPO to CONSULTANT be deemed a waiver of any right or claim the MPO may have against CONSULTANT for delay or any other damages hereunder. 9.D.1 Packet Pg. 114 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 7 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the MPO for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the MPO to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT must perform to the satisfaction of the MPO’s Project Manager before payment for the fixed price contract is authorized. Time and Materials: The MPO agrees to pay the contractor for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark-up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. Grant Funded: The hourly rates as set forth and identified in Schedule B, which is attached hereto, are for purposes of providing estimate(s), as required by the grantor agency. ARTICLE SIX THE OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by the MPO, CONSULTANT shall deliver to the MPO copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). The MPO shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to the MPO the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring the MPO to pay any additional compensation, CONSULTANT hereby grants to the MPO a nonexclusive, irrevocable license in all of the Project Documents for the MPO’s use on this Project. CONSULTANT warrants to the MPO that it has full right and authority to grant this license to the MPO. Further, CONSULTANT consents to the MPO’s use of the Project Documents to complete the Project following CONSULTANT’s termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges the MPO may be making Project Documents available for review and information to various third parties and hereby consents to such use by the MPO. 9.D.1 Packet Pg. 115 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 8 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. The MPO, or any duly authorized agents or representatives of the MPO, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless the MPO, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph 8.1. 8.2. To the extent that the Agreement that the work pertains to a “Professional Services Contract” as defined in Section 725.08(3), Florida Statutes, and the CONSULTANT is a “Design Professional” as defined in Section 725.08(4), Florida Statutes, the indemnification provided herein shall be limited as provided in Sections 725.08(1) & (2), Florida Statutes. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3. All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name MPO Board of MPO Commissioners, OR, Board of MPO Commissioners in MPO, OR MPO Government, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests’ provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against the MPO for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.D.1 Packet Pg. 116 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 9 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by the MPO applicable to this Project, and the “Other Insurance” provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by the MPO applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of MPO, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and the MPO shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by the MPO, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5. All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of “Class VI” or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the MPO. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the MPO. No provision of this Agreement shall, however, be construed as constituting an agreement between the MPO and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the MPO beyond such as may then otherwise exist without regard to this Agreement. 10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. All personnel, identified in Schedule F shall not be removed or replaced without the MPO’s prior written consent. 10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the MPO. Each subconsultant or subcontract agreement shall preserve and protect the rights of the MPO under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the sub consulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 9.D.1 Packet Pg. 117 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 10 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] 10.4. CONSULTANT acknowledges and agrees that the MPO is a third-party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between the MPO and any subconsultant or subcontractor. Further, all such contracts shall provide that, at the MPO’s discretion, they are assignable to the MPO upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the MPO arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by the MPO shall be deemed to be a waiver of any of the MPO's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for the MPO to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT’s failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT's failure to properly and timely perform the services to be provided hereunder or as directed by the MPO, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) CONSULTANT's failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT's failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The MPO may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that the MPO otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against the MPO shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. The MPO shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against the MPO shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against the MPO, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 9.D.1 Packet Pg. 118 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 11 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] 12.4. Upon termination and as directed by the MPO, the CONSULTANT shall deliver to the MPO all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Article 6, that are in CONSULTANT’s possession or under its control. 12.5. The MPO shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6. In the event (i) the MPO fails to make any undisputed payment to CONSULTANT within forty- five (45) days after such payment is due or such other time as required by Florida’s Prompt Payment Act or (ii) the MPO otherwise persistently fails to fulfill some material obligation owed by the MPO to CONSULTANT under this Agreement, and (ii) the MPO has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving THE MPO a second fourteen (14) days written notice of CONSULTANT’s intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to the MPO of CONSULTANT’s intent to terminate this Agreement. If the MPO does not cure its default within fourteen (14) days after receipt of CONSULTANT’s written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the MPO, terminate the Agreement and recover from the MPO payment for Services performed through the termination date, but in no event, shall CONSULTANT be entitled to payment for Services not performed or any other damages from the MPO. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT’s services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the MPO determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. 9.D.1 Packet Pg. 119 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 12 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the MPO shall be in writing and shall be delivered by hand, email, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following the MPO's address of record: Collier Metropolitan Planning Organization Collier County, Florida Division Name: _____________________________________________ Division Director: _____________________________________________ Address: _____________________________________________ _____________________________________________ Administrative Agent/PM: _____________________________________________ Telephone: _____________________________________________ E-Mail(s): _____________________________________________ 16.2. All notices required or made pursuant to this Agreement to be given by the MPO to the CONSULTANT shall be made in writing and shall be delivered by hand, email or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Company Name: _____________________________________________ Address: _____________________________________________ _____________________________________________ Attention Name & Title: _____________________________________________ Telephone: _____________________________________________ E-Mail(s): _____________________________________________ 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. 9.D.1 Packet Pg. 120 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 13 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing the MPO, shall promote the best interests of the MPO and assume towards the MPO a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of the MPO. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E CCNA Projects: TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL Schedule G Other: _________________________________________________ Solicitation # ______________, including all Attachment(s), Exhibit(s) & Addendum Consultant’s Proposal 17.10. Grant Funded Projects (only applicable to Grant funded projects): In the event of any conflict between or among the terms of any of the Contract Documents and/or the MPO’s Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Grant Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the 9.D.1 Packet Pg. 121 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 14 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the CONSULTANT at the MPO’s discretion. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to the MPO the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT’s compensation shall be adjusted to exclude any sums by which the MPO determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by the MPO of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by the MPO’s staff person who would make the presentation of any 9.D.1 Packet Pg. 122 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 15 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] settlement reached during negotiations to the MPO for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by the MPO’s staff person who would make the presentation of any settlement reached at mediation to the MPO’s board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE TWENTY-ONE IMMIGRATION LAW COMPLIANCE 21.1. By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the Florida state law requirements set forth in Florida Statute, §448.095, as may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the MPO shall have the discretion to unilaterally terminate this Agreement immediately. [Signature page to follow this page] ******Remainder of page intentionally left blank****** 9.D.1 Packet Pg. 123 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 16 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement the day and year first written above. COLLIER METROPOLITAN PLANNING ORGANIZATION By: , Chairman ATTEST: Anne McLaughlin, Executive Director By: Date: Approved as to Form and Legality: MPO Attorney Name Consultant: Consultant’s Witnesses: By: Witness Name and Title Name and Title Witness Name and Title 9.D.1 Packet Pg. 124 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 17 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE A SCOPE OF SERVICES following this page (pages ____ through ___) 9.D.1 Packet Pg. 125 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 1 of 8 Schedule A – Scope of Services SCHEDULE A SCOPE OF SERVICES TASK 1. PROJECT MANAGEMENT The consultant will provide over-all team project management, Quality Assurance/Quality Control (QA/QC) review of documents and provide support services as needed. Activities include a project kick-off meeting, management and oversight of the activities and products produced by the consultant team members and assisting MPO staff with management of the 2050 LRTP Update. Consultant will coordinate delivery of consultant teamwork products, provide technical support during staff review of products and communicate needed revisions to the consultant team. The consultant will determine which of the tasks outlined in this Scope must occur simultaneously rather than sequentially for the project to remain on schedule and assign tasks to team members accordingly. Consultant will communicate with all team members as needed to effectively manage the delivery of the services provided by each firm and will be responsible for maintaining the content of the project schedule, adjusting as needed, and communicating delivery schedule updates to team members. The consultant may use the 2045 LRTP in its entirety as the basis for the 2050 LRTP update, updating existing text, graphics, spreadsheets, evaluation criteria and map series. Deliverables: a. Project Schedule, continually updated, showing critical milestones, product deliverable dates, adequate time for MPO staff review prior to advisory committee, Board, or public meeting. b. Timely and thorough revisions when requested by MPO staff. c. On-time product delivery and invoicing. TASK 2. PUBLIC INVOLVEMENT The consultant will develop a Public Involvement Plan (PIP) for the 2050 LRTP consistent with the Scope and the MPO’s Public Participation Plan. The PIP will include the provision of on-line opportunities for public input through the use of social media and a crowdsourcing tool (Wikimapping) that allows specific public input on the Needs Projects and Cost Feasible Projects. The PIP will identify social media groups for targeted engagement, outreach, and awareness. The Collier MPO website will be used to host information on the 2050 LRTP update. The consultant will prepare and provide on-line surveys and maps that coordinate with the Needs Plan and the Cost Feasible Plan. The surveys will be designed and developed for both online distribution and use at in-person events. The survey tool will allow for downloadable reporting. The consultant will prepare necessary materials, exhibits, presentations, notices, and handouts for meetings with the MPO Board and Advisory Committees. Consultant will take minutes and record verbal and documented comments from the public, staff and elected officials and keep a record of how comments were addressed in subsequent revisions to the LRTP; conversely, if comments did not result in revisions, the Consultant will briefly explain why. The Consultant will provide translations of public meeting announcements and public surveys and for MPO staff to use when supplementing the consultant-supported outreach by giving presentations to local homeowner’s and civic associations and by hosting informational booths at special events located in the MPO’s traditionally underserved communities. 9.D.1 Packet Pg. 126 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 2 of 8 Schedule A – Scope of Services MPO staff from Lee County and Collier County will participate in the TAC meetings for both MPOs. Collier MPO and Collier County Transportation Management Services Department staff will coordinate closely with Lee County MPO and Lee County staff to ensure that regional roadway, transit, and bicycle connecting corridors are planned jointly during the development of the two LRTP’s Needs and Cost Feasible Plan. The consultant will present the draft Cost Feasible Plan at a joint regional Lee County/Collier MPO Board meeting. To ensure outreach to all stakeholders as required by federal guidance, Stakeholders - The MPO will provide the email addresses for its Adviser Network, state and federal land management agencies, regional freight representatives, advisory committee members, Lee County MPO, and other stakeholders. Deliverables a. Public Involvement Plan b. Meeting materials, announcements, handouts; minutes, record of public comments and responses c. Two surveys (for online distribution and in-person events) to gain input on Needs and Cost Feasible Plans d. Presentations (minimum of 19) i. MPO Board (4) – to coincide with major milestones ii. Joint Regional Lee County/Collier MPO Board meeting (1) iii. Citizens Advisory Committee (CAC) and Technical Advisory Committee (TAC) (6) – to coincide with major milestones and need for public and technical staff input iv. Seminole and Miccosukee Tribes (2) – a minimum of two meetings will be offered each Tribe, the first during initial phase to identify needs and concerns prior to development of the Needs Plan and the second during development of the Cost Feasible Plan. MPO staff will initiate communications in accordance with the MPO’s Government to Government Public Involvement Policy in the MPO’s Public Participation Plan. v. General Public (6) – six public meetings held as follows. The first round of meetings will be held during development of the Needs Plan and the second round during development of the Cost Feasible Plan. • Total of four outreach/pop-up events (Needs Plan and Cost Feasible Plan) to be in Immokalee and Golden Gate City. These locations have been identified to facilitate participation by a broad cross-section of the public. • Two public meetings (Needs Plan and Cost Feasible Plan) that piggyback Collier County Transportation Management Services project public meeting events TASK 3. DECISION-MAKING FRAMEWORK Vision: The consultant will describe the collective vision for the region in text and graphic format that is based on a composite of future land uses according to the current policies of the MPO’s member governments. It will highlight developed and developable lands, protected lands, special places, regional roadways that connect to adjacent counties, regional transit routes and SUNTrail corridors. Goals and Objectives and Project Evaluation Criteria: The consultant will develop goals and objectives and project evaluation criteria to address the following factors: i. The Vision ii. Input from MPO’s advisory committees, Tribal entities, stakeholders, general public and the MPO Board iii. Federally mandated Metropolitan Planning Factors (23 CFR 450.306) 9.D.1 Packet Pg. 127 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 3 of 8 Schedule A – Scope of Services iv. Florida Department of Transportation (FDOT) Planning Emphasis Areas as updated. These are currently equity, resiliency, sustainability, safety, and emerging mobility v. FHWA Expectation Letter(s) vi. National Performance Measures vii. Infrastructure Investment and Jobs Act (IIJA) new formula funds and discretionary grant programs the MPO and/or local governments are eligible for competing in involving Infrastructure Resiliency, Transportation Equity, Vision Zero Action Plan for Bicyclists and Pedestrians, Safe Streets & Roadways for All, and potentially the USDOT Carbon Reduction Strategy. Deliverables: a. Draft and Final Chapter 1 Introduction b. Draft and Final Chapter 2 Plan Process, County Overview, Vision, Goals and Objectives, Project Evaluation Criteria and scoring methodology. c. Draft and Final Evaluation Matrix and Map Series for inclusion in the 2050 LRTP as an Appendix or Technical Memo (update 2045 LRTP evaluation matrix and map series as needed) Map Series • 2019 Base Year Roadway Network: MPO will provide (developed under General Planning Contract Task Order) • Congested Corridors (Transportation System Performance Report Update) • Safety Hotspots (Local Roads Safety Plan Update) • Freight Corridors & Centers (FDOT D1 Report for Collier County) • SIS Network (FDOT) • Federal Aid Eligible Roadways (FDOT) • Hurricane Evacuation Routes (MPO Geographic Information System (GIS) files, 2045 LRTP) • Existing Transit Routes and Transfer Centers (MPO GIS files, 2045 LRTP, add Park & Rides, update any routes added or modified – source PTNE) • EJ Communities (MPO will update based on 2020 Census, under GPC Task Order) • Coastal Flooding • Others as needed to address federal expectation letters TASK 4. FINANCIAL RESOURCES The consultant will incorporate the state and federal revenue estimates provided by FDOT. If FDOT does not provide revenue projections for maintenance of the State road network, the consultant will project revenues in consultation with FDOT. The consultant will develop estimates for local funding contributions based on the County’s currently available Annual Update and Inventory Report (AUIR) and information provided by the Collier County Growth Management Department. The consultant will develop City estimates for local funding contributions based on information provided by each City as applicable. Revenues will be grouped according to the Planning Time Periods identified by FDOT for the 2050 LRTP. The consultant will develop realistically available Transit Revenue Projections consistent with the Transit Development Plan, (TDP) through the year 2050. The TDP will provide the methodology for transit revenue projections, but the LRTP consultant must calculate the revenues beyond the TDP horizon. The consultant will develop realistically available Airport Revenue Projections based on airport master plans provided by the MPO, and information provided by airport managers and the Federal Aviation Administration. 9.D.1 Packet Pg. 128 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 4 of 8 Schedule A – Scope of Services The consultant will describe the allocation of the MPO’s SU Box among the categories of Bicycle/Pedestrian Facilities, Congestion Management, Bridges, Safety, and Planning based on the 2045 LRTP. (Reference Pg 6-14 and 6-17 of the 2045 LRTP.) Deliverables: a. Draft Chapter 3 Financial Resources 5. FDOT DISTRICT ONE REGIONAL PLANNING MODEL DEVELOPMENT Refer to exhibit entitled District One - 2050 Cost Feasible LRTP Model Development Process and Schedule. The consultant will develop the following components in accordance with FDOT District One’s schedule, allowing sufficient time for MPO staff and County Growth Management Department staff to review and approve prior to submitting to FDOT. a. Base Year (2019) Model Update – FDOT to complete the Base Year (2019) Model update based on MPO-provided 2019 SE data, existing transit data, as well as the existing roadway network that includes projects that been constructed and open to traffic by 2019. The consultant will assist the MPO as needed in refining the Base Year (2019) Model network. The 2019 Socio-economic (SE) data is based on the County Interactive Growth Model (CIGM) which is operated by Metro Forecasting Models. The CIGM projects population growth and associated non-residential development to build-out based on algorithms that take adopted land use policies and plans into account. b. Base Year (2019) Deficiency Analysis – FDOT to perform a deficiency analysis of the Base Year (2019) Network using the completed Base Year (2019) Model Network. c. 2050 SE Data – The consultant will develop the 2050 SE data based on the 2050 University of Florida’s Bureau of Economic and Business Research (BEBR) Medium Population Projections and Census data. The 2050 SE data will be allocated to the FDOT-developed traffic analysis zones (TAZs) using CIGM. As part of the process, the consultant will analyze whether the TAZ structure should be modified and will coordinate as needed with FDOT, MPO staff, and technical staff from affected member governments to devise the new structure and create the GIS shapefiles. The consultant will devise a methodology, subject to FDOT’s review and approval, to adjust the SE data to reflect the BEBR Medium Projections provided by FDOT. d. Existing + Committed (E+C) (2028) Update – The 2019 Base Year Roadway Network comprises the “Existing” component. The 2019 Base Year Roadway Network is based on 5(a) of this scope. The “Committed” component includes projects programed for construction by 2028. The consultant will coordinate with Collier County and assist the MPO in developing the Committed roadway projects (Sources: FDOT Work Program, Collier MPO TIP, and Collier AUIR) as well as the Committed transit updates (Source: Collier MPO TDP). The County will provide updated transit route and headway information. Consultant to assist MPO in providing FDOT the Existing 2019 projects + Committed 2028 projects. e. E+C Deficiency (2028) Analysis – FDOT to perform a deficiency analysis for the E+C (2028) Network using the completed E+C (2028) Model Network with the 2050 SE data. f. 2050 Needs Projects – Consultant will source the results of deficiency analyses in the prior steps [5(b) and 5(c)] to produce a list of recommended projects projected to resolve deficiencies in 2050 (Needs). This may require the use of FDOT’s Alternative Network runs. g. Horizon Year (2050) Cost Feasible Update – Consultant to coordinate with Collier County and assist the 9.D.1 Packet Pg. 129 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 5 of 8 Schedule A – Scope of Services MPO in developing a list of Cost Feasible Projects. The consultant will develop the Cost Feasible Projects which is based on the 2050 Needs Projects and predicated on available financial resources (Draft Chapter 3) and factors in the results of the Evaluation Matrix (identified in Section 3, deliverable b). Final Cost Feasible Project list will be provided to FDOT for use in completing the 2050 Cost Feasible Model Network. This may require the use of FDOT’s Alternative Network runs. h. Developing and Testing Network Alternatives: If any of the five (5) FDOT Alternative Network runs are left, the consultant will assist the MPO in defining other Alternative Networks that can be used to help the MPO plan for a variety of future scenarios. Alternatives can be based on potential land use changes, roadway network changes, transit network changes, and coordination with Lee County MPO future network plans. The consultant will provide the details of each alternative to FDOT for modeling purposes. The consultant will perform an assessment of the model results for each alternative. Using the alternatives effectively can allow the MPO to assess the benefits and problems associated with potential major transportation changes. i. Interim Years (2030, 2035, 2040, and 2045) – Consultant to provide the Cost Feasible Projects in five year increments to match planning periods. Consultant will source the Collier financial resources to identify cut off points for which the Cost Feasible Projects will be able to be completed. The SE data interpolated from Base Year (2019) and Horizon Year (2050) will be used. j. Interim Year Deficiency Analysis – Collier MPO has the option to have the consultant perform a deficiency analysis for each interim year (2030, 2035, 2040, and 2045). Deliverables: a. Deficiency Analysis Results b. 2050 SE Data c. 2050 Needs Projects d. 2050 Cost Feasible Projects e. Interim Year (2030, 2035, 2040, and 2045) Cost Feasible Projects f. Provide Details and Analyze Results of any remaining Alternative Network runs g. Summaries and analysis of Alternative Network scenario modeling in the form of a Draft Technical Memo or Appendix suitable for inclusion in the 2050 LRTP TASK 6. NEEDS PLAN The consultant will develop the Needs Plan including the following components, building upon the 2045 LRTP Needs Plan, Chapter 4) as a starting point: Major Components i. Overview ii. Roadway Needs iii. E+C Roadway Projects in tabular and map formats, showing congestion based on the deficiency analysis map provided by FDOT iv. Other Roadway Needs, including Freight; Bridges; other congestion studies (such as the Transportation System Performance Report (TSPR), including the notation that the TSPR is incorporated into the 2050 LRTP by reference) and Transportation System Management and Operations options to address congestion; and the Project Evaluation criteria such as Safety, Environmental, Resiliency, as described in Section 3, deliverable b of this Scope v. Roadway Needs Plan List of Projects in tabular and mapped (GIS and PDF) formats. The consultant will use FDOT’s costing tool to develop cost for each project unless project specific information is known. Costs will be developed for present day and year of expenditure. 9.D.1 Packet Pg. 130 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 6 of 8 Schedule A – Scope of Services vi. Bicycle and Pedestrian Needs – include the notation that the MPO’s updated Bicycle and Pedestrian Master Plan is incorporated into the 2050 LRTP by reference; highlight projects eligible for Healthy Streets Program, Reconnecting Communities Program, and Safe Streets and Roads for All Program (See Scope - Section 3 Goals & Objectives, New Discretionary Grant Programs) vii. Safety - include notation that the MPO’s updated Local Roads Safety Plan (LRSP), restructured and entitled Vision Zero Action Plan is incorporated into the 2050 LRTP by reference (See Scope - Section 3 Goals & Objectives, New Discretionary Grant Programs) viii. Transit Needs – incorporate the MPO’s updated Transit Development Plan (TDP) by reference and summarize in text, tabular and graphic format. Extend the Needs Analysis (including project costs) conducted for the TDP to address years 10-20 of the LRTP. ix. Air Transportation Needs – update summary in 2045 LRTP and incorporate graphic and tabular descriptions of Airport Master Plans. x. ETDM Input and Review – Any new major transportation projects (on the State Highway System or the Strategic Modal System), or any not previously screened through the FDOT Efficient Transportation Decision Making (ETDM) process, must be screened through the Environmental Screening Tool (EST). The ETDM Screening Matrix for Qualifying Projects will be used to determine if a project must be screened. The consultant will be expected to prepare a purpose and need statement and GIS map for each project as well as a summary of any major issues/comments noted during project review. The screening must be conducted in conjunction with the update of the Needs Plan or the Cost Feasible Plan but completed before the final approval of the plan. The purpose of the planning screen review is to provide additional information to the MPO to make determination whether the project, as proposed should be adopted in the LRTP. The screening of local projects not on the State Highway System is optional. Deliverables: a. Presentations during the development of the Draft Needs Plan to CAC, TAC, MPO Board, Tribal governments and at general public meetings (reference Public Involvement Plan Section 2) b. Draft and Final Chapter 4 Needs Plan c. ETDM Screening – Project in GIS (as required by FDOT) and purpose and need statements for each screened project. List of screened projects included in final LRTP. TASK 7. COST FEASIBLE PLAN The consultant will develop the Cost Feasible Plan in close coordination with Collier MPO and Collier County GMD staff based on a multiplicity of factors, including: • Network Alternatives Analysis described in Section 5 of this Scope • Financial Resources identified in Section 6 of this Scope • The project ranking produced by the scoring methodology and Project Evaluation Matrix developed in Section 3 of this Scope • Advisory committee, tribal, technical staff, MPO Board, stakeholder, Lee MPO (on regional connections), and general public input The Cost Feasible Plan will, at a minimum, address: I. Roadway Cost Feasible Projects II. Projects funded by the MPO’s Transportation Management Area (TMA) Surface Transportation Program – Urban Area > 200K (SU) “Box” funds, including Bicycle and Pedestrian Projects, Congestion 9.D.1 Packet Pg. 131 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 7 of 8 Schedule A – Scope of Services Management Projects, Transit Projects (eligible for SU funding), Bridge (New and Replacement Projects), Safety Projects and Planning Projects. III. Transit Cost Feasible Projects IV. Freight Network Projects V. Airport Transportation Projects The consultant must include a Table of the MPO’s TIP in its entirety in the Cost Feasible Plan. If necessary, ETDM Input and Review task can be accomplished as part of the Cost Feasible Plan but must be completed prior to adoption. Deliverables: a. Presentations during the development of the Draft Cost Feasible Plan to CAC, TAC, MPO Board, Tribal governments and at general public meetings (reference Public Involvement Plan Section 2) b. Draft and Final Chapter 5 Cost Feasible Plan TASK 8. DRAFT 2050 LRTP The consultant will compile a complete draft of the 2050 LRTP, including at a minimum, the following components: i. Executive Summary ii. Table of Contents iii. Chapters 1- 5 described in this Scope iv. Chapter 6 - Implementation Framework v. Acronyms vi. References vii. Appendices a. Federal and State LRTP Requirements, including federal Expectation Letter(s), in check list format showing where in the document the item(s) can be found b. Reference Maps, as needed c. 2050 Evaluation Criteria Map Series d. 2050 Roadway Needs Evaluation Matrix e. System Performance Report (provided by MPO staff) viii. Technical Compendium a. Socio-economic Data b. Project Cost Development Methodology c. Roadway Network Scenarios - Modeling d. Public Involvement Summary Report Deliverables: Draft 2050 LRTP inclusive of components i-vii (MPO staff will post the Draft LRTP on FDOT’s MPO Document Portal for review by FDOT, FHWA and FTA.) a. Complete Draft 2050 LRTP b. Presentations to CAC/TAC c. Pre-Recorded Video Presentation (for posting on-line and distribution by MPO staff) d. Presentation to the MPO Board e. Presentation at general public meetings (round two) 9.D.1 Packet Pg. 132 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Grant Funded Request for Professional Services (RPS) # 22-8025 “Long Range Transportation Plan 2050” Page 8 of 8 Schedule A – Scope of Services TASK 9. FINAL 2050 LRTP The consultant will make final revisions as directed by the MPO Board, if needed, produce the Final 2050 LRTP, submit the document to MPO staff as a word doc. and PDF suitable for double sided printing, and produce 20 bound, hard copies. The consultant will re-record portions of the video presentation if needed to address the revisions. MPO staff will present the final 2050 LRTP to advisory committees and the Board. Deliverables: a. Complete Final 2050 LRTP in word.doc and PDF formats, suitable for double sided printing (MPO staff will post on FDOT MPO Document Portal) b. 20 bound hard copies c. Revised pre-recorded video presentation, if needed based on revisions d. Presentation to MPO Board (if revisions are substantive enough that we need the consultant to present) TASK 10. PROJECT CLOSEOUT FDOT, Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) reviews may not be received until several months following adoption of the LRTP. Upon receipt, the consultant will make revisions, as needed and resubmit as a word.doc and in PDF format and produce 5 bound hard copies. Deliverables: a. Revised Final 2050 LRTP in word.doc and PDF formats, suitable for double sided printing b. Supporting Documentation c. Data Files – all spreadsheets and GIS shapefiles, map exchange document (mxd’s) (map-packs) d. Final Invoice 9.D.1 Packet Pg. 133 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 18 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE B BASIS OF COMPENSATION 1. MONTHLY STATUS REPORTS B.1.1. As a condition precedent to payment, CONSULTANT shall submit to the MPO as part of its monthly invoice a progress report reflecting the Project status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, the MPO agrees to make the payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until services associated with any such line item have been completed or partially completed to the MPO’s reasonable satisfaction. Lump sum payments will be made upon the percentage complete. In no event shall such Time and Materials compensation exceed the amounts set forth in the table below. Tasks/Item Description Lump Sum Time and Materials Not-To-Exceed $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Lump Sum Fee $ Total Time and Materials Fee $ GRAND TOTAL FEE $ 9.D.1 Packet Pg. 134 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 19 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] B.2.2. * Time and Material Fees: The fees noted in Section B.2.1. shall constitute the amounts to be paid to CONSULTANT for the performance of the Basic Services. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT’s personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment 1 to this Schedule B. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by the MPO, regarding CONSULTANT’s Direct Labor Costs incurred at the time of billing, to be reviewed and approved by the MPO. There shall be no overtime pay without the MPO’s prior written approval. B.2.2.1. Notwithstanding anything herein to the contrary, in no event may CONSULTANT’s monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task(s) limits by the percentage the MPO has determined CONSULTANT has completed such task as of that particular monthly billing. B.2.3. * Lump Sum Fees: The fees noted in Section 2.1. shall constitute the lump sum amount to be paid to CONSULTANT for the performance of the Basic Services. There shall be no overtime pay without the MPO’s prior written approval. B.2.3.1 CONSULTANT shall submit, with each of the monthly status reports provided for under Section B.1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, if any, the MPO agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without the MPO’s prior written approval. B.2.5. The compensation provided for under Section B.2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by the MPO, pending resolution of the dispute provided that the MPO continues to pay to CONSULTANT all amounts that the MPO does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by the MPO. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on 9.D.1 Packet Pg. 135 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 20 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] CONSULTANT’s letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for this Agreement or Additional Services, CONSULTANT shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1 Reimbursable Expenses must comply with §112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by the MPO. Such expenses, if approved by the MPO, may include coach airfare, standard accommodations and meals, all in accordance with §112.061, Fla. Stat. Further, such expenses, if approved by the MPO, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4. Expense of overtime work requiring higher than regular rates approved in advance and in writing by the MPO. B.3.4.1.5. Expense of models for the MPO’s use. B.3.4.1.6. Other items on request and approved in writing by the MPO. B.3.4.1.7. The CONSULTANT shall bear and pay all overhead and other expenses, except for authorized reimbursable expenses, incurred by CONSULTANT in the performance of the Services. B.3.4.1.8. Records of Reimbursable Expenses shall be kept on a generally recognized accounting basis. B.3.5. The CONSULTANT shall obtain the prior written approval of the MPO before incurring any reimbursable expenses, and absent such prior approval, no expenses incurred by CONSULTANT will be deemed to be a reimbursable expense. [END OF SCHEDULE B] 9.D.1 Packet Pg. 136 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 21 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE B – ATTACHMENT 1 CONSULTANT’S HOURLY RATE SCHEDULE Title Hourly Rate The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added via an Amendment upon mutual agreement in advance and in writing by the parties. For Grant Funded Projects, the above hourly rates are for purposes of providing estimate(s), as required by the grantor agency. 9.D.1 Packet Pg. 137 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 22 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE C PROJECT MILESTONE SCHEDULE Task/Item Description Number of Calendar Days For Completion of Task from Date of Notice to Proceed 9.D.1 Packet Pg. 138 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 23 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE D INSURANCE COVERAGE 1. The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT’s sole responsibility. 2. The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. 3. Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the MPO or as specified in this Agreement, whichever is longer. 4. Certificates of insurance acceptable to the MPO shall be filed with the MPO within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to the MPO, on a timely basis, if requested by the MPO. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the MPO. CONSULTANT shall also notify the MPO, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5. All insurance coverages of the CONSULTANT shall be primary to any insurance or self- insurance program carried by the MPO applicable to this Project. 6. The acceptance by the MPO of any Certificate of Insurance does not constitute approval or agreement by the MPO that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7. CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant’s services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the MPO. 8. Should at any time the CONSULTANT not maintain the insurance coverages required herein, the MPO may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse the MPO for such costs within thirty (30) days after demand, the MPO has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between the MPO and CONSULTANT. The MPO shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or 9.D.1 Packet Pg. 139 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 24 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] companies used. The decision of the MPO to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. 9. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the MPO, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the MPO with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and the MPO may terminate the Agreement for cause. Sections checked ( ) are required by this Agreement. 10. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY. Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability - The coverage must include Employers' Liability with a minimum limit of $_____________ for each accident. The insurance company shall waive all claims rights against the MPO and the policy shall be so endorsed. 11. United States Longshoreman's and Harbor Worker’s Act coverage shall be maintained where applicable to the completion of the work. Coverage shall have minimum limits of $_____________ Per Claim/Occurrence. 12. Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Coverage shall have minimum limits of $_____________ Per Claim/Occurrence. 13. COMMERCIAL GENERAL LIABILITY. A. Commercial General Liability Insurance, written on an “occurrence” basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the MPO of the work under this Agreement. Limits of Liability shall not be less than the following: Coverage shall have minimum limits of $_____________ Per Occurrence, $_____________ aggregate. B. The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. 9.D.1 Packet Pg. 140 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 25 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] 14. Collier MPO Board of MPO Commissioners, OR, Board of MPO Commissioners in Collier MPO, OR, Collier MPO Government shall be listed as the Certificate Holder and included as an “Additional Insured” on the Insurance Certificate for Commercial General Liability where required. The insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor’s policy shall be endorsed accordingly. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 15. Watercraft Liability. Coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. 16. Aircraft Liability. Coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. 17. BUSINESS AUTOMOBILE LIABILITY INSURANCE. Coverage shall have minimum limits of $_____________ Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-The ownership. 18. TECHNOLOGY ERRORS AND OMISSIONS INSURANCE. Coverage shall have minimum limits of $_____________ Per Occurrence. 19. CYBER INSURANCE. Coverage shall have minimum limits of $_____________ Per Occurrence. 20. UMBRELLA LIABILITY. A. Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. B. The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 21. PROFESSIONAL LIABILITY INSURANCE. A. Professional Liability: Shall be maintained by the CONSULTANT to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recovery against MPO as to any claims under this insurance. Such insurance shall have limits of not less than $____________ each claim and aggregate. B. Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the MPO. C. The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the MPO. D. The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or the MPO, and the date will not be moved forward during the term of this 9.D.1 Packet Pg. 141 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 26 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to the MPO of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify the MPO by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by the MPO. 22. VALUABLE PAPERS INSURANCE. In the sole discretion of the MPO, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. 23. PROJECT PROFESSIONAL LIABILITY. A. If the MPO notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with the MPO and the MPO’s insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT’s professional liability policy. If no credit is available from CONSULTANT’s current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to the MPO. Should no credit accrue to the MPO, the MPO and CONSULTANT, agree to negotiate in good faith a credit on behalf of the MPO for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT’s self-insured retention and the risk of uninsured or underinsured consultants. B. The CONSULTANT agrees to provide the following information when requested by the MPO or the MPO’s Project Manager: 1. The date the professional liability insurance renews. 2. Current policy limits. 3. Current deductibles/self-insured retention. 4. Current underwriter. 5. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. 6. Cost of professional insurance as a percent of revenue. 7. Affirmation that the design firm will complete a timely project errors and omissions application. C. If the MPO elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and the MPO will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. [END OF SCHEDULE D] 9.D.1 Packet Pg. 142 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 27 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, (company’s name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning “ __________ “project” is accurate, complete and current as of the time of contracting. BY: TITLE: DATE: 9.D.1 Packet Pg. 143 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 28 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE F KEY PERSONNEL Name Personnel Category Percentage of Time 9.D.1 Packet Pg. 144 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting Page 29 of 29 PSA_CCNA Single Project Agreement-MPO [2024_ver.1] SCHEDULE G Other: ____________________________________________________________________ (Description) following this page (pages ____ through ___) this schedule is not applicable 9.D.1 Packet Pg. 145 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 1 of 14 FEDERAL HIGHWAY ADMINISTRATION CFDA 20.205 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract (including a purchase order). The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. 9.D.1 Packet Pg. 146 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 2 of 14 The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (MPO), the Federal Highway Administration, the U.S. Department of Transportation’s Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate and shall set forth what efforts it has made to obtain the information. I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 9.D.1 Packet Pg. 147 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 3 of 14 2. cancellation, termination or suspension of the contract, in whole or in part. J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non- discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). L. Interest of Members of: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. “The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate.” 9.D.1 Packet Pg. 148 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 4 of 14 The proposer shall submit the bid opportunity list within 3 business days of submission of the proposal for ALL sub-consultants who quoted to you for specific project for this letting through the Florida Department of Transportation Equal Opportunity Compliance (EOC) system. The proposer shall request access to the EOC system using Form No. 275-021-30 (Provided at the end of this document). Pursuant to 49 CFR26.11(c), the consultant shall at the time of contract execution shall enter DBE commitment and payment information through the life of the project through the EOC system. The Consultant shall request access to the EOC system using Form No. 275-021-30. In accordance with 49 CFR Part 26.21, and the FDOT DBE Program Plan, DBE participation on FHWA-assisted contracts must be achieved through race-neutral methods. ‘Race neutral’ means that the MPO can likely achieve the overall DBE goal of 10.65% through ordinary procurement methods. Therefore, no specific DBE contract goal may be applied to this project. Nevertheless, the MPO is committed to supporting the identification and use of DBEs and other small businesses and encourages all reasonable efforts to do so. Furthermore, the MPO recommends the use of certified DBE’s listed in the Florida Unified Certification Program (UCP) DBE Directory, who by reason of their certification are ready, willing, and able to provide and assist with the services identified in the scope of work. Assistance with locating DBEs and other special services are available at no cost through FDOT’s Equal Opportunity Office DBE Supportive Services suppliers. More information is available by visiting http://www.fdot.gov/equalopportunity/serviceproviders.shtm or calling 850-414-4750. Consistent with 49 CFR 26.13(b), the contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. Prompt Payment: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage: If retainage from DBE subcontractors is allowed per the contract, the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the MPO. O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. Q. The MPO hereby certifies that neither the consultant nor the consultant's representative has been required by the MPO, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration 9.D.1 Packet Pg. 149 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 5 of 14 of any kind; The MPO further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. S. The Consultant 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 Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the 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. T. Access to Records and Reports: (2 CFR § 200.337) The contractor/vendor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case the Contractor agrees to maintain same until the Purchaser, the Grantor Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. U. Clean Air Act and Water Pollution Control Act (Applies to Subcontracts Over $150,000 at Every Tier): The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” 3) It will report violations of use of prohibited facilities to FTA of FHWA as applicable; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA or FHWA as applicable. V. Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352) (2 CFR § 200 Appendix II): Consultant must certify it will not and has not used Federal appropriated funds have been paid or will be paid, by or to any person or organization for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. The certification includes any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. W. Procurement of Recovered Materials: (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage: Comprehensive Procurement Guideline (CPG) Program | US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste 9.D.1 Packet Pg. 150 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 6 of 14 Disposal X. Administrative, Contractual, or Legal Remedies: Unless otherwise provided in this contract, all claims, counter- claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Y. The following provisions are to be included in each contract and subcontract entered into pursuant to this Agreement: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the MPO. Z. Prohibition on certain telecommunications and video surveillance services or equipment: (Reference 2 CFR § 200.216) The Federal awarding agency prohibits the County to enter into a contract to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (i)(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. AA. Termination for Cause and Convenience: (2 CFR § 200 Appendix II) See Contract and/or Purchase Order Terms and Conditions. 9.D.1 Packet Pg. 151 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 7 of 14 GRANT CERTIFICATIONS AND ASSURANCES The following assurances are required to be returned with Solicitation deadline. 1.Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2.Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion 3.Conflict of Interest 4.Lobbying Activities 5.Acknowledgement of Terms, Conditions, and Grant Clauses 9.D.1 Packet Pg. 152 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 8 of 14 COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ________________________________ __________________________________ Name DUNS Number ________________________________ __________________________________ Title Tax ID Number ________________________________ __________________________________ Firm Unique Entity ID Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature 95-4081636 074103508 MKCAUUG2K7H6 Ellen B. Patterson Vice President Jacobs Engineering Group Inc. 9010 Strada Stell Court, Unit 108, Naples, FL 34109 9.D.1 Packet Pg. 153 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting COLLIER COUNTY Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions Explanation for 1 (d) “In August 2020, the Procurement Office of the Arizona Department of Transportation (‘ADOT’) notified Jacobs Engineering Group Inc. (‘Jacobs’) of its intent to terminate an On-Call Acquisition and Relocation Services contract (CTR049970 and CTR049971) for default due to a disputed real estate brokerage licensing requirement. Jacobs has been in the process with ADOT of correcting this administrative default and to secure rescission of the notice. No task orders had been requested or issued under the subject On-Call. Jacobs has delivered world-class engineering services with ADOT for over 30 years. Jacobs continues to win new contracts and deliver many projects with ADOT. This termination is not expected to have a material adverse effect on Jacobs Engineering Group Inc., or upon the business, financial condition, results of operations, or cash flows for the company.” 9.D.1 Packet Pg. 154 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting 9.D.1 Packet Pg. 155 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 9 of 14 COLLIER COUNTY Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion (1)The prospective Lower-Tier participant certifies to the best of its knowledge and belief, that itand its principals: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excluded from covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this proposal been convicted of or had acivil judgment rendered against them for commission of fraud or a criminal offense inconnection with obtaining, attempting to obtain, or performing a public (Federal, State orlocal) transaction or contract under a public transaction; violation of Federal or Stateantitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmentalentity (Federal, State or local) with commission of any of the offenses enumerated inparagraph (l)(b) of this certification; and (d)Have not within a three-year period preceding this application/proposal had one or morepublic transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this proposal. __________________________ ________________________________________ Name Project Name __________________________ ________________________________________ Title Project Number __________________________ ________________________________________ Firm Tax ID Number ________________________________________ Unique Entity ID Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature Long Range Transportation Plan 2050 RPS NO : 22-8025 Michael Dickey, PE Chairman/VP Johnson Engineering, Inc. 2122 Johnson Street, Fort Myers, FL 33901 59-1173834 N/A 9.D.1 Packet Pg. 156 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting 9.D.1 Packet Pg. 157 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 9 of 14 COLLIER COUNTY Certification of Lower-Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion (1) The prospective Lower-Tier participant certifies to the best of its knowledge and belief, that it and its principals: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. __________________________ ________________________________________ Name Project Name __________________________ ________________________________________ Title Project Number __________________________ ________________________________________ Firm Tax ID Number ________________________________________ Unique Entity ID Number _________________________________________________________________________ Street Address, City, State, Zip __________________________________ Signature Long Range Transportation Plan 2050 RPS NO : 22-8025 Diane Hackney Assistant Vice President Quest Corporation of America, Inc.59-3335186 17220 Camelot Court Land O' Lakes, FL 34638 Duns: 140143244 / SAM: P5RURSMC33E3 9.D.1 Packet Pg. 158 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 10 of 14 COLLIER COUNTY Conflict of Interest Certification _______________________ Collier County Solicitation No. I, ________________________________________, hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by, the conduct of this matter. Name Signature Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. RPS NO : 22-8025 Ellen B. Patterson Ellen B. Patterson Vice President - Jacobs Engineering Group Inc.11/16/2022 9.D.1 Packet Pg. 159 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 11 of 14 COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge, that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, __________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name of Authorized Official and Title Date Jacobs Engineering Group Inc. Ellen B. Patterson, Vice President 11/16/2022 9.D.1 Packet Pg. 160 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 12 of 14 COLLIER COUNTY Acknowledgement of Terms, Conditions, and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor’s performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor’s progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name ______________________________ Date __________________ Authorized Signature ___________________________________________________________ Address _____________________________________________________________________ Solicitation/Contract # ____________________________ Jacobs Engineering Group Inc. 9010 Strada Stell Court, Unit 108, Naples, FL RPS NO : 22-8025 11/16/2022 9.D.1 Packet Pg. 161 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Federal Provisions ‐ Page 13 of 14 The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE’s and non-DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance (EOC) system within 3 business days of submission of the proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www.fdot.gov/equalopportunity/eoc.shtm. If you do not have access to EOC system, the following form may be used to request access. 9.D.1 Packet Pg. 162 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Equal Opportunity Compliance System Access Request New Contractor & Consultant Users 275-021-30 EQUAL OPPORTUNITY 01/13 The Florida Department of Transportation, Equal Opportunity Office has been charged with requirements of reporting Disadvantaged Business Enterprise Information to the U.S. Department of Transportation, Federal Highway Administration (FHWA) according to the new 49 Code of Federal Regulations Part 26. The Equal Opportunity Compliance (EOC) System was developed to collect, review and report DBE commitments, payments and the bidder opportunity lists. In order to have access to the web based EOC System, please fill out the information below. If you are a Prime Contractor/Consultant on a project and will be submitting Payments, DBE Commitments & Bidder Opportunity list in EOC, please complete the following information: New User Information: User’s First and Last Name (Required): User’s Phone (Required): User’s Email Address (Required): User’s Address (Required): Street Address City State Zip By signing below, I certify that I have read and understand that I am subject to all the provisions of: •119, Florida Statutes, Public Records •Section 281.301, Florida Statutes – Safety and Security Services •Chapter 282, Florida Statutes – Communications and Data Processing •Section 282.318, Florida Statutes – Security of Data and Information Technology Resources •Chapter 815, Florida Statutes – Computer Related Crimes •Procedure 050-020-026 - Distribution of Exempt Public Documents Concerning Department Structures and Security System Plans I understand that every user is responsible for systems security to the degree that his or her job requires the use of information and associated systems. All users are responsible for using information resources only for the purposes for which they are intended, to comply with all controls established by information resource owners and custodians and for protecting sensitive information against unauthorized disclosure. I also understand that it is the user’s responsibility to protect all of his or her passwords from being disclosed and to refuse to accept any other user’s password, personally, and as the representative of the above entity, fully understand the exempt nature of the public records to which have access and agree to maintain the exempt status of this information in accordance with Florida law. User’s Signature (Required): Date (Required): Federal Tax Id Number (Required): Company Name (Required): Company Phone Number (Required): *Company Rep. Signature (Required):*Company Rep. Name (Required): *Note: Company Rep Signature & Rep Name is the Authorized Representative of the Company. Date of Signature (Required): Fax completed Form to (850) 414-4879 or Email to: EOOHelp@dot.state.fl.us Forms will be processed 8 AM – 4:30 PM, EST, Monday – Friday excluding holidays Federal Provisions - Page 14 of 14 9.D.1 Packet Pg. 163 Attachment: Professional Services Agreement # 22-8025 (27877 : Recommendation to Award 2050 LRTP to Jacobs Engineering for Consulting 02/09/2024 EXECUTIVE SUMMARY Approve a Work Order for TY Lin International to complete the Safe Streets for All Comprehensive Safety Action Plan OBJECTIVE: To prepare the Safe Streets for All (SS4A) Comprehensive Safety Action Plan as awarded by federal grant. CONSIDERATION: Collier MPO was awarded the SS4A Safety Action Plan grant, a new competitive grant program administered by the USDOT to improve roadway safety. Collier MPO wishes to contract with a consultant for the plan. The project is identified in Tas k 5 (Special Projects and Systems Planning) of the FY 2022/23 - 2023/24 Unified Planning Work Program (UPWP). Prior written approval from the FHWA Agreement Officer (AO) is required “unless described in the application and funded in the approved award,” as listed in Article 5 of the Grant Agreement under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program between the United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) and the MPO. FHWA has determined that t he recipient’s procurement process and resultant contract must follow their own documented procurement procedures that are consistent with State, local, and Tribal laws and regulations and the procurement standards of 2 CFR Part 200 for the acquisition of property or services. The project will be completed under the MPO’s Professional Services Contract 18 -7432 MP, which was approved by the MPO Board on March 12, 2021. In accordance with this contract, a request was sent to Collier County’s Procurement Services to assign a vendor for the study. Procurement Services assigned TY Lin International Inc. (TY Lin) to complete the project. The cost to complete the Work Order is $248,900. The SS4A grant award of $200,000 combined with the local match of $50,000 provides sufficient funding. The Work Order, scope of services and fee proposal to complete the task are included in Attachment 1. COMMITTEE RECOMMENDATIONS: N/A. STAFF RECOMMENDATION: That the Board approve the Work Order and authorize the Chair to sign the Work Order for TY Lin International to complete the SS4A Comprehensive Safety Action Plan. Prepared by: Sean Kingston, AICP, PMP, CFM, Principal Planner ATTACHMENT(S) 1. SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (PDF) 9.E Packet Pg. 164 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.E Doc ID: 27878 Item Summary: Approve a Work Order for TY Lin International to complete the Safe Streets for All Comprehensive Safety Action Plan Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:36 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:36 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:34 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 10:52 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.E Packet Pg. 165 9.E.1Packet Pg. 166Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 167Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 168Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 169Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 170Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 171Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 172Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 173Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 174Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 175Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 176Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 9.E.1Packet Pg. 177Attachment: SS4A Work Order; attaching TY Lin’s Scope of Services and Fee Schedule (27878 : Approve Work Order for TY Lin International to 02/09/2024 EXECUTIVE SUMMARY Approve the Collier to Polk Regional Trail PD&E as a Priority for SUN Trail Funding OBJECTIVE: For the Board to approve the Collier to Polk Regional Trail PD&E as a priority for SUN Trail funding. CONSIDERATIONS: The MPO Board approved the submittal of the Collier to Polk Regional Trail addition to the SUN Trail priority trail network followed by the Florida Greenways and Trails Council approval on December 6, 2023. (Attachment 1) FDOT submitted an application for SUN Trail funding to conduct a Project Development and Environmental (PD&E) Study for the Collier to Polk Trail to meet the December 20, 2023 deadline. However, the project still must be formally approved as an MPO Board priority in order to receive SUN Trail funding. (Attachment 2) COMMITTEE RECOMMENDATIONS: The Bicycle and Pedestrian Advisory Committee voted to endorse the project at its meeting on January 16. The Technical and Citizens Advisory Committees voted to endorse the project at their January 22 meetings. STAFF RECOMMENDATION: That the Board approve the Collier to Polk Regional Trail PD&E as a priority for SUN Trail funding. Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. Collier to Polk Regional Trail Alignments in Collier County (PDF) 2. Collier MPO Priority Project(s) for SUN Trail Funding (PDF) 9.F Packet Pg. 178 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.F Doc ID: 27879 Item Summary: Approve the Collier to Polk Regional Trail PD&E as a Priority for SUN Trail Funding Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:39 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:39 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:38 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:16 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.F Packet Pg. 179 Collier to Polk Regional Trail Alignments in Collier County 9.F.1 Packet Pg. 180 Attachment: Collier to Polk Regional Trail Alignments in Collier County (27879 : Approve the Collier to Rank Submitting Agency PM Funding Request 1 Collier MPO FDOT $ 6,300,000 $ 6,300,000 2024 PROJECT PRIORITIES for SUN TRAIL FUNDING - MPO BOARD adoption 2/9/24 Total Project Name Collier to Polk Regional Trail PD&E Study 9.F.2 Packet Pg. 181 Attachment: Collier MPO Priority Project(s) for SUN Trail Funding (27879 : Approve the Collier to Polk 02/09/2024 EXECUTIVE SUMMARY Adopt the Florida Department of Transportation Vision Zero Safety Performance Targets for Calendar Year 2024 OBJECTIVE: For the Board to adopt the FDOT Safety Performance Targets for calendar year (CY) 2024, and authorizing resolution. CONSIDERATIONS: Safety Targets are the only federal Transportation Performance Measures (TPM) that must be adopted annually. FDOT establishes the state’s safety targets in the Highway Safety Improvement Plan. FDOT has notified the MPOs that it will maintain the Department’s Vision Zero safety performance target for 2024. MPOs have the option to either adopt the statewide safety targets or establish their own quantifiable safety targets. The Collier MPO has consistently elected to adopt the FDOT statewide targets. Performance metrics for Collier County are shown in the following screenshots taken from FDOT’s online Sourcebook on 12/29/23: Collier County - Number and Rate of Fatalities 9.G Packet Pg. 182 02/09/2024 Collier County - Number and Rate of Serious Injuries Collier County - Pedestrian Fatalities and Serious Injuries Collier County - Bicyclist Fatalities and Serious Injuries 9.G Packet Pg. 183 02/09/2024 FDOT’s Statewide Existing Conditions (Attachment 1) By supporting FDOT’s Vision Zero statewide safety targets, the MPO is making a commitment to support FDOT’s investments in safety improvements and to making safety a priority in the development of the Long Range Transportation Plan and the Transportation Improvement Program. 9.G Packet Pg. 184 02/09/2024 COMMITTEE RECOMMENDATIONS: The Technical and Citizens Advisory Committees voted to endorse the FDOT Vision Zero Safety Performance Targets at their meetings on 1/22/24. STAFF RECOMMENDATION: That the Board adopt the FDOT Vision Zero Safety Performance Targets for calendar year 2024, and authorizing resolution (Attachment 2). Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. FDOT PM1 Safety Fact Sheet (PDF) 2. Authorizing Resolution 2024-02 (PDF) 9.G Packet Pg. 185 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.G Doc ID: 27880 Item Summary: Adopt the Florida Department of Transportation Vision Zero Safety Performance Targets for Calendar Year 2024 Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:51 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:51 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:44 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:12 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.G Packet Pg. 186 Performance Management PM1: Safety (All Public Roads) Florida Department of Transportation Office of Policy Planning BY AUGUST 31 (ANNUALLY) FDOT Safety Oce establishes targets for the next calendar year in its Highway Safety Improvement Program (HSIP) annual report to FHWA. BY FEBRUARY 27 (ANNUALLY) MPOs must establish safety (PM1) targets for the current calendar year (180 days after FDOT establishes targets). FDOT MPOs 2022 2023 2024 2025 The total number of persons suffering fatal injuries in a motor vehicle crash during a calendar year. The total number of fatalities per 100 million vehicle miles traveled (VMT) in a calendar year. The total number of persons suffering at least one serious injury in a motor vehicle crash during a calendar year. The total number of serious injuries per 100 million VMT in a calendar year. The combined total number of non-motorized fatalities and non-motorized serious injuries involving a motor vehicle during a calendar year. The first of Federal Highway Administration’s (FHWA) performance management rules establishes measures to assess safety on all public roads and the process for the Florida Department of Transportation (FDOT) and Florida’s Metropolitan Planning Organizations (MPO) to establish and report their safety targets.* PERFORMANCE MEASURES – APPLICABLE TO ALL PUBLIC ROADS NUMBER OF FATALITIES RATE OF FATALITIES NUMBER OF SERIOUS INJURIES RATE OF SERIOUS INJURIES NUMBER OF NON-MOTORIZED FATALITIES AND NON-MOTORIZED SERIOUS INJURIES OVERVIEW TIMELINE * Please refer to the fact sheet addressing MPO Requirements for information about MPO targets and planning processes. February 2023 9.G.1 Packet Pg. 187 Attachment: FDOT PM1 Safety Fact Sheet (27880 : Adopt FDOT's 2024 Vision Zero Safety Performance Targets) Source: FLHSMV, 2022. 22,000 20,000 18,000 16,000 14,000 2016 20212020 ANNUAL SERIOUS INJURIESANNUAL FATALITIES 4,000 3,500 3,000 2,500 2,000 1,500 2016 2020 202120172018 2017 20182019 2019 11.0 10.0 9.0 8.0 7.0 1.8 1.7 1.6 1.5 1.4 1.3 1.2 SERIOUS INJURY RATE VMTFATALITY RATE VMT 2016 2020 2021201720182019 2016 20212020201720182019 Fatalities Serious Injuries 5-Year Rolling Average 3,500 3,400 3,300 3,200 3,100 3,000 2,900 NUMBER OF NONMOTORIZED FATALITIES AND SERIOUS INJURIES 2016 2019 2021202020172018 Combined Non-Motorized Fatalities and Serious Injuries STATEWIDE TARGETS FDOT establishes statewide safety targets for the follow- ing calendar year as part of the HSIP Annual Report, which must be submitted by August 31 each year. Given FDOT’s firm belief that every life counts, the target set for all safety performance measures is ZERO. MPO TARGETS MPOs must set targets by February 27 of each year (within 180 days after FDOT sets targets). MPOs have the option of supporting the statewide targets or establishing their own targets for the MPO planning area. MPOs must include the most recent reported performance and targets with each TIP update. The TIP must describe how the investments contribute to achieving the performance tar- gets. The LRTP must include a System Performance Report that discusses the performance of the transportation system and progress achieved in meeting the targets over time. ASSESSMENT OF SIGNIFICANT PROGRESS FHWA considers a state to have met or made significant progress when at least four of the five safety targets are met or the actual outcome is better than baseline performance. Florida is making progress towards achieving the targets established for serious injuries but not yet for fatalities or non-motorized users. As requested by FHWA, FDOT annually develops an HSIP Implementation Plan to highlight strategies it will undertake in support of these targets. MPOs are encouraged to review this Plan each year to identify strategies appropriate for their planning area. FHWA will not assess MPO target achievement. However, FHWA will review MPO adherence to performance man- agement requirements as part of periodic transportation planning process reviews. FOR MORE INFORMATION PLEASE CONTACT Mike Neidhart, PhD, AICP, Metropolitan Planning Administrator Florida Department of Transportation | Mike.Neidhart@dot.state.fl.us | (850) 414-4905 EXISTING STATEWIDE CONDITIONS 9.G.1 Packet Pg. 188 Attachment: FDOT PM1 Safety Fact Sheet (27880 : Adopt FDOT's 2024 Vision Zero Safety Performance Targets) 9.G.2 Packet Pg. 189 Attachment: Authorizing Resolution 2024-02 (27880 : Adopt FDOT's 2024 Vision Zero Safety Performance Targets) 9.G.2 Packet Pg. 190 Attachment: Authorizing Resolution 2024-02 (27880 : Adopt FDOT's 2024 Vision Zero Safety Performance Targets) 9.G.2 Packet Pg. 191 Attachment: Authorizing Resolution 2024-02 (27880 : Adopt FDOT's 2024 Vision Zero Safety Performance Targets) 02/09/2024 EXECUTIVE SUMMARY Approve Two New Appointments and Three Reappointments to the Bicycle and Pedestrian Advisory Committee OBJECTIVE: For the MPO Board to approve two new appointments and three reappointments to the Bicycle and Pedestrian Advisory Committee (BPAC). CONSIDERATIONS: The MPO has received two applications to fill the two vacancies on the BPAC. All voting members are at-large per BPAC bylaws. Three members are applying for reappointment. Their terms expire on February 29, 2024. The new applicants include: • Mr. Dohm participates in organized groups of bike rides several days per week. He is also a retired United Airlines pilot who was the former Chair of the Board of Directors of Chicago Airport. • Mr. Vigorito participates in the Pan-Florida Challenge cycling fund raising organization. He has participated in various boards and committees and community service and is a retired medical professional with experience in Blue Zones. Those for reappointment include: • Mr. Bonness has been a member of BPAC since 2005. He has 20 years of bike and pedestrian advocacy and is a world champion triathlete with much education, training, work experience, and participation in bike and pedestrian related matters. • Ms. Fendrick has been a member of BPAC since 2009. She is a practicing landscape architect and land planner as the owner of Urban Green Studio. She is also a member of The MPO’s Citizen Advisory Committee. • Mr. Musico has been a member of BPAC since 2007. STAFF RECOMMENDATION: That the MPO Board approve the appointments of Messrs. Kevin Dohm and Robert Vigorito and the reappointments of Mr. Joe Bonness, Ms. Dayna Fendrick, and Mr. Alan Musico to the BPAC. Prepared by: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. Kevin Dohm application for appointment (PDF) 2. Robert Vigorito application for appointment (PDF) 3. Joe Bonness application for reappointment (PDF) 4. Dayna Fendrick application for reappointment (PDF) 5. Alan Musico application for reappointment (PDF) 6. BPAC Membership Roster as of 1-16-24(PDF) 9.H Packet Pg. 192 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.H Doc ID: 27881 Item Summary: Approve Two New Appointments and Three Reappointments to the Bicycle and Pedestrian Advisory Committee Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 10:57 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 10:57 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 10:53 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:10 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.H Packet Pg. 193 9.H.1 Packet Pg. 194 Attachment: Kevin Dohm application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.1 Packet Pg. 195 Attachment: Kevin Dohm application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.1 Packet Pg. 196 Attachment: Kevin Dohm application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.1 Packet Pg. 197 Attachment: Kevin Dohm application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.1 Packet Pg. 198 Attachment: Kevin Dohm application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.2 Packet Pg. 199 Attachment: Robert Vigorito application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.2 Packet Pg. 200 Attachment: Robert Vigorito application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.2 Packet Pg. 201 Attachment: Robert Vigorito application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.2 Packet Pg. 202 Attachment: Robert Vigorito application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.2 Packet Pg. 203 Attachment: Robert Vigorito application for appointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 204 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 205 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 206 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 207 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 208 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 209 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 210 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 211 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 212 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 213 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.3 Packet Pg. 214 Attachment: Joe Bonness application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) C()LLIER Metropolitan Planning Organization REQUEST FOR REAPPOINTMENT TO AN MPO COMMITTEE Date:January 9, 2024 1, Dayna Fendrick (PRINT NAME) have been notified that my term on the Bicycle and Pedestrian Advisory Committee has, orwill soon expire; therefore, Ido hereby request to remain a member of the MPO advisory committee and request that the MPO Board reappoints me to that commiftee for another term. My updated MPO Advisory Committee Application form is attached. D ay n a L F e n d ri ck B:1[1lfi;'ffi ',3'.,?Hii;3t'J$ (SIGNATURE) Sincerely, 9.H.4 Packet Pg. 215 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) COLLIER MeEopolitan Planning Organization REQUEST FOR REAPPOINTMENT TO AN NIPO COMMITTEE Date:l /t O /z-z- I f r I.. have been nolilied that nry term on the Bicycle and Pede VI has. or rvill soon expire: theretbre, I do hereby request to remain a member of the MPO advisory committee and request that the MPO Board reappoints me to that con'rmittee for another term. My updated MPO Advisory Committee Application form is attached. Sincerely. t 9.H.4 Packet Pg. 216 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) EF}+MIh 2O2O COLLIER COUNTY MPO (METROPOLITAN PLANNING OR(;AN IZATION) ADVISORY COMMITTEE/BOARD APPLICATION Retum Application to: Collier Metropolitan Planning Organization 2885 South Horseshoe Drive Naples, Florida 341 0,1 Phone: (239) 252-5884 Lnreil:t)\.llCt Name: Fendrack L Last First Address: 1263 Hernando Street \1 idd tc City:Zip Code:34103 Home Teleph onc: 239-263-4029 Email Address: davna(aurbanqreenstudio.com Ret'erred Bv:DatcAlailahle: currently I am applying lor BPAC Pleuse nole: Year-round residenls ure eligihle lo appl!. Your upplicution will remuin ocliw in the \IPO'.s Olfice fot'one (l) 1,ctu-. The application must be complele in otder lo be considcrul. Raod "lmoorlunt lnlbnnulion" seclion on thc sctttncl puge of the ol\)liceliotl, tltn t;ign orul dole the apltlitation. (llse udditionol pogas o.,; nculcd.) PLEASE TYPE OR PRINT LEGIBLY Date:0112212020 Conrmission District #/City District 4 & Everglades City Tribal Affiliatitu: lfyou are a nrenrber of'. or oflicially represent a nonprolit or public agency, identity here, and provide link to website: Pleasc list any Advisory Committees or Boards on which 1ou currently serve: BPAC Have you previously served on an MPO advisory committee or board ? Please specify committee/board and dates sen'ed: BPAC 2009 - present J 4 Occupation & Employer (ifrctircd. plcasc indicatc): Landscape Architect & Land Planner URBAN GREEN STUDIO (owner) Davna ConuctTime: 8am-6pm t. 2. 9.H.4 Packet Pg. 217 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) Please describe your background and experience rvhich you feel provides a usel'ul perspective for this Committee/Board. Professional background & experience in urban planning, landscape architecture, walkable communities, smarl growth. streetscapes, complete streets, bike & ped facilities and Parks & Rec master planning Advocate for smart growlh, interconnected streets and designing roadways for human scale Recreational cyclist at the amateur level Resident of Collier County since 1986; Everglades City since 2001 Plcasc describc any public involvernent or comnrunitl' either locally or otherwise (in addition to Conrnrittccs on.) Everglades City School Landscape proiects service vou'vc bcen involved in and Boards vou currently servc Everglades City Trail Town Committee What other MPO advisory corrmittee(s) *'ould you be rvilling to s€rve on? CAC Scveral of the MPO advisorl' conr nr ittees/tloa rds have specific membership requirements. To assist thc Collier MP0 in its selection process, please check as manv of the following categories that apnlv: t. Year-round resident of: . Collier County (unincorporated area) o City of Naples o Ciry of Marco Island o Everglades City AARP Adventure Cycling Bicycling/Walking Advocacy Group : FROGG Chamber of Comnrerce: Visitors & 'lburism Bureau Commun ity Redcvelopment Agcncv NAACP Historical Preservation Society Fri-Sun hopefully full time soon Everqlades Citv Bike/Ped Committee 2. Mcmber ofonc ofthe follorving organizations or grouns: Professional Association: ASLA, AtCp Mon-Thurs ] -1 _i 9.H.4 Packet Pg. 218 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) Honreowncrs' Association : Environmental Croup:_ Home Builders Association Collier County Public Schools Other NGO, Community Association_ Agricultural lndustry Trucking Industry Other, please spccity 3. Representative ofone ofthe followins: Persons with Disabilities Major Employer in the MPO Regiorr Snrall Business Owner URBAN GREEN STUDIO 2008 - State, City or County Department of Children & Farnilies State, City or County Department of I lealth State, City, or County Department of llducation Educational Institution Elderly Health Care Provider Other Health Care Provider Transit Rider(s) Developmental Disability Service Provider Elderly - Advocate/lnstructor - Mobility and Access to Services Veterans - Advocate/lnstructor - Mobilitv & Access to Services Family Service Provider Police. Sheriff Department Community Transportation Safety'learn Member Minorities & Disadvantaged Populations, Advocate/Service Provider Tribal Member, Oflicially Designated Representative Tribal Menrber, Acting in lndividual Capacity Other. pleasc spccily x x present x 4. Professional/Career Credentials: . Bicycle/PedestrianSafetylnstructor . American lnstitute of Certified Planners (AICP) . Registered Architect or Landscape Architect. Licensed Attorney o Licensed Engineer . Licensed General Contractor o Licensed First Responder or Health Care Prolessionalo Licensed Realtor. Other. please specify _ 9.H.4 Packet Pg. 219 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 5. Knowlctlgc, trainine. background, interest or exDcricncc in: Natural Sciences. Environmental Conservation Mobility & Access for the workforce Public Finance, Grants, NGOs Sustainable Development. Sustainable Transportation Planning, Engineering. Architecture, Landscape Architecture Economic Development Land Development/Redevelopnrent Archaeological. Cultural & Historic Resources Mobility/Active Living (related to community health) Tourism lndustry Parent, Advocate for Working Families Other. please specify X x x x x x The Collier MPO strives to ensure equal access and representation for minorities. women and lhose with disabilities to serve on advisory boards/committees. 6. Gen dcr: o lremale . Male X x 7. l{uc.,/l.lth n icit\': . White. Hispanic or Latino o Black or Alrican American. Asian or Pacitic Islander. American lndian or Alaskan Nativeo Other: 8. Handicapncd/Disablctl: o Yes oNo Ouestions 6 throueh 8 are OPTIONAL x 9.H.4 Packet Pg. 220 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) IMPORTANT INFORMATION : Be advised that membership on certain advisory committees/boards may involve financial disclosure or the submission of other information. Flotida State Statute I19.07 designates tllat this application as a public document be made available tbr anyone requesting to view it. Your application is not conrplete until you answer the following question, sign and date the tbrm. Are you related to any member of the Collier MPO? YES X NO Applicant's Signature: Davna L. Fendri.k De .!y {qtd by D.ytu l. t6dn I' LA@r2rasr.Qorrbn. LAOOOI 2?4 State ol florida D.r?rox0t2rr!.rto 0rm. Date Signed:o1t22t2020 /,b- , /ts /zz Information still current 0U0912024 Dayna L Fendrick oighallytigned by oayna L Dare: 2024.01.09 09:49:30 {5'00' 9.H.4 Packet Pg. 221 Attachment: Dayna Fendrick application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.5 Packet Pg. 222 Attachment: Alan Musico application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.5 Packet Pg. 223 Attachment: Alan Musico application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.5 Packet Pg. 224 Attachment: Alan Musico application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.5 Packet Pg. 225 Attachment: Alan Musico application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.5 Packet Pg. 226 Attachment: Alan Musico application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) 9.H.5 Packet Pg. 227 Attachment: Alan Musico application for reappointment (27881 : Approve 2 New Appointments and 3 Reappointments to BPAC) Bicycle & Pedestrian Advisory Committee (BPAC)Membership as of 1/16/24 Maximum BPAC Membership 12; Current BPAC Members 11; In-Person Quorum 3 Member Name Member Address Member Phone Member Email Date Joined BPAC Date Term Expires Last Re- appointed Date Joe Bonness 6830 Sandalwood Lane, Naples, FL 34109 239-598-1046 Cell: 239-825-4821 IronJoe3@aol.com 6-05 2/29/24 2/11/22 Anthony Matonti Chair 1057 2nd Ave North, Unit 14 Naples, FL 34102 954-288-7083 Avmatonti@gmail.com 6-18 2/28/25 2/10/23 Alan Musico 907 Panama Court #503, Marco Island 34145 Home: 239-642-9729 flprsup@gmail.com 5-07 2/29/24 2/11/22 Dayna Fendrick 1263 Hernando St., Naples, FL 34103 Home: 239-263-4029 Dayna@urbangreenstudio.com 4-09 2/29/24 2/11/22 Robert Phelan 6100 Antigua Way Naples, FL 34113 239-272-4820 Bobjphelan1@gmail.com 6-22 6/30/24 6/10/22 Andrea Halman 1372 Lincoln Ct Immokalee, FL 443-807-8997 Andean09@me.com 6-16 2/28/25 2/10/23 Patty Huff Vice-Chair 207 North Storter Ave PO Box 617 Everglades City, FL 34139 Cell: 239-695-2397 Home: 239-719-0020 snookcity@gmail.com 5-20 9/30/24 9/9/22 Kim Jacob 791 91st Ave Naples, FL 34108 239-339-3185 kimjacobfl01@gmail.com 5-20 9/30/24 9/9/22 Mark Komanecky 1035 3rd Ave S Unit 404 Naples, FL 34102 802-393-4633 mkomanecky@gmail.com 6/21 5/31/25 5/12/23 Michelle Sproviero 8418 Mallow Ln Naples, FL 34113 239-285-1454 michspro@gmail.com 9/22 9/30/24 - Vacant Vacant Vacant Vacant - - - Vacant Vacant Vacant Vacant - - - 9.H.6 Packet Pg. 228 Attachment: BPAC Membership Roster as of 1-16-24 (27881 : Approve 2 New Appointments and 3 02/09/2024 EXECUTIVE SUMMARY Approve Reappointment to the Citizens Advisory Committee OBJECTIVE: For the Board to approve the reappointment of a Citizens Advisory Committee (CAC) member to represent District 4. CONSIDERATIONS: The term of a current member of CAC, Ms. Karen Homiak, expires in March of 2024. Ms. Homiak (Attachment 1) represents District 4. She has served Collier County for many years as a member of various boards and committees, including the Collier County Planning Commission 2008-2022, the Workforce Housing Advisory Committee 2001-2003, the Traffic Calming-Update Neighborhood Traffic Management Program in 2004 and 2013, the Congestion Management Committee 2008-2024, and the Citizens Advisory Committee 2001 to present. Ms. Homiak has an excellent attendance record, and her input at CAC meetings is thoughtful and valuable. Commissioner Dan Kowal has expressed approval of her reappointment. STAFF RECOMMENDATION: That the Board approve the reappointment of Ms. Homiak to CAC for another three-year term. Prepared By: Suzanne Miceli, Administrative Support Specialist II ATTACHMENT(S) 1. Karen Homiak - CAC Reappointment Application (PDF) 2. Current CAC Roster (last update 9/15/23) (PDF) 9.I Packet Pg. 229 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.I Doc ID: 27882 Item Summary: Approve Reappointment to the Citizens Advisory Committee Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:02 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:02 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:00 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:08 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.I Packet Pg. 230 REQUEST FOR REAPPOINTMENT TO AN MPO COMMITTEE I, ________________________________ have been notified that my term on the Citizens Advisory Committee (CAC) has / will soon expire; therefore I do hereby request to remain a member of the MPO advisory committee and request that the MPO Board reappoint me to that committee for another term. Sincerely, Karen Homiak 9.I.1 Packet Pg. 231 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) COLLIER MPO (METROPOLITAN PLANNING ORGANIZATION) ADVISORY COMMITTEE/BOARD APPLICATION Return Collier Metropolitan Planning Organization Application 2885 South Horseshoe Drive to: Naples, Florida 34104 Phone: (239) 252-5884 Email: AnneMcLaughlin@colliergov.net Name: _________________________________________________________________ Last First Middle Address: _______________________________________________________________ City: __________________________ Zip Code: _________________________ Home Telephone: ________________ Contact Time: _______________________ Email Address: __________________________________________________________ Referred By: ____________________ Date Available: ______________________ I am applying for: ________________________________________________________ _______________________________________________________________________ Please note: Year-round residents are eligible to apply. Your application will remain active in the MPO’s Office for one (1) year. The application must be complete in order to be considered. Read “Important Information” section on the second page of the application, then sign and date the application. (Use additional pages as needed.) PLEASE TYPE OR PRINT LEGIBLY Date: ________________ Commission District #/City ________________________ Tribal Affiliation:_______________________________________________ If you are a member of, or officially represent a nonprofit or public agency, identify here, and provide link to website: __________________________________ ___________________________________ Please list any Advisory Committees or Boards on which you currently serve: 1. ____________________________ 3. ___________________________ 2. ____________________________ 4. ___________________________ Have you previously served on an MPO advisory committee or board? Please specify committee/board and dates served: ________________________________________________________________________ _______________________________________________________________________ Occupation & Employer (if retired, please indicate): _____________________________________ ____________________________ Homiak Karen J 4613 Long Key Ct Naples 34112 arwkjh@aol.com CAC 1/17/24 District 4 see attached see attached small business owner/Bookkeeper self employed Alan Wittenauer, Inc. 9.I.1 Packet Pg. 232 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) Please describe your background and experience which you feel provides a useful perspective for this Committee/Board. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Please describe any public involvement or community service you’ve been involved in either locally or otherwise (in addition to Committees and Boards you currently serve on.) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ What other MPO advisory committee(s) would you be willing to serve on? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Several of the MPO advisory committees/boards have specific membership requirements. To assist the Collier MPO in its selection process, please check as many of the following categories that apply: 1. Year-round resident of: • Collier County (unincorporated area) ______ • City of Naples ______ • City of Marco Island ______ • Everglades City ______ 2. Member of one of the following organizations or groups: • AARP ______ • Adventure Cycling ______ • Bicycling/Walking Advocacy Group:__________________________ ______ • Professional Association: ___________________________________ ______ • Chamber of Commerce:_____________________________________ ______ • Visitors & Tourism Bureau ______ • Community Redevelopment Agency ______ • NAACP ______ • Historical Preservation Society:________________________ ______ • Homeowners’ Association: ___________________________ ______ Full time resident for 36 years. Deeply involved in the community for many years. See attached see attached Prefer CAC 9.I.1 Packet Pg. 233 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) • Environmental Group:_______________________________ ______ • Home Builders Association ______ • Collier County Public Schools ______ • Other NGO, Community Association____________________ ______ • Agricultural Industry ______ • Trucking Industry ______ • Other, please specify _________________________________ ______ 3. Representative of one of the following: • Persons with Disabilities ______ • Major Employer in the MPO Region ______ • Small Business Owner__________________________ ______ • State, City or County Department of Children & Families ______ • State, City or County Department of Health ______ • State, City, or County Department of Education ______ • Educational Institution ______ • Elderly Health Care Provider ______ • Other Health Care Provider ______ • Transit Rider(s) ______ • Developmental Disability Service Provider ______ • Elderly – Advocate/Instructor - Mobility and Access to Services ______ • Veterans – Advocate/Instructor – Mobility & Access to Services ______ • Family Service Provider ______ • Police, Sheriff Department ______ • Community Transportation Safety Team Member ______ • Minorities & Disadvantaged Populations, Advocate/Service Provider ______ • Tribal Member, Officially Designated Representative ______ • Tribal Member, Acting in Individual Capacity ______ • Other, please specify __________________________________ ______ 4. Professional/Career Credentials: • Bicycle/Pedestrian Safety Instructor ______ • American Institute of Certified Planners (AICP) ______ • Registered Architect or Landscape Architect ______ • Licensed Attorney ______ • Licensed Engineer ______ • Licensed General Contractor ______ • Licensed First Responder or Health Care Professional ______ • Licensed Realtor ______ • Other, please specify __________________________________ ______ 9.I.1 Packet Pg. 234 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) 5. Knowledge, training, background, interest or experience in: • Natural Sciences, Environmental Conservation ______ • Mobility & Access for the workforce ______ • Public Finance, Grants, NGOs ______ • Sustainable Development, Sustainable Transportation ______ • Planning, Engineering, Architecture, Landscape Architecture ______ • Economic Development ______ • Land Development/Redevelopment ______ • Archaeological, Cultural & Historic Resources ______ • Mobility/Active Living (related to community health) ______ • Tourism Industry ______ • Parent, Advocate for Working Families ______ • Other, please specify __________________________________ ______ The Collier MPO strives to ensure equal access and representation for minorities, women and those with disabilities to serve on advisory boards/committees. Questions 6 through 8 are OPTIONAL 6. Gender: • Female ______ • Male ______ 7. Race/Ethnicity: • White ______ • Hispanic or Latino ______ • Black or African American • Asian or Pacific Islander ______ • American Indian or Alaskan Native ______ • Other: ______________ ______ 8. Handicapped/Disabled: • Yes ______ • No ______ 9.I.1 Packet Pg. 235 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) IMPORTANT INFORMATION: • Be advised that membership on certain advisory committees/boards may involve financial disclosure or the submission of other information. • Florida State Statute 119.07 designates that this application as a public document be made available for anyone requesting to view it. Your application is not complete until you answer the following question, sign and date the form. Are you related to any member of the Collier MPO? __________ YES __________ NO Applicant’s Signature: ________________________________________ Date Signed: ________________________________________________ 1/17/24 9.I.1 Packet Pg. 236 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) 9.I.1 Packet Pg. 237 Attachment: Karen Homiak - CAC Reappointment Application (27882 : Approve Reappointment to CAC) Max CAC Members 13; Current CAC Members 9; In-Person Quorum 3; Last Update 9/15/2023 (*end of month) Member Phone #/Email District Member Until* Member Since Neal Gelfand, Vice Chair 295 Grande Way, Apt 604, Naples, FL 34110 Mobile: (914) 316-7733 nealand@me.com District II May 2024 May 2018 Elaine Middelstaedt, Chair PO Box 277, 410 Storter Ave S Everglades City FL 34139 ElaineECity@gmail.com 239-695-2695 Everglades City Feb 2025 Feb 2022 Dennis DiDonna 420 Tarpon Cove Dr Apt 1502 Naples, FL 34110 Cell: 239-682-9534 DDidonna23@aol.com At-Large March 2026 March 2020 Karen Homiak 4613 Long Key Court Naples, FL 34112 Home: 239-572-0073 ARWKJH@aol.com District IV March 2024 May 2001 Josh Rincon 1216 Lee Street, Immokalee, FL 34142 Cell: 239-229-8972 joshrincon@hotmail.com Rep - Minorities March 2026 June 2013 Vacancy, Rep. for Persons with Disabilities Rep - Persons with Disabilities Fred Sasser 333 7th Avenue South, Naples, FL 34102 crdx@sprynet.com 847-226-1761 City of Naples Feb. 2026 Dec 2019 Dennis Stalzer 3710 29th Ave SW Naples, FL 34117 D03stalzer@gmail.com District III June 2025 June 2022 Vacancy, City of Naples City of Naples Vacancy, City of Marco Island City of Marco Island Vacancy, District I District I Michelle Arnold 435 Spring Line Drive, Naples, FL, 34102 meeshar05@comcast.net 239-207-2840 At Large May 2026 May 2023 Josephine Medina 5094 Monza Court Ave Maria, FL 34142 Jmedina@rviplanning.com O: 239.908.3421 M: 954.376.0378 District V Feb. 2026 Feb. 2023 9.I.2 Packet Pg. 238 Attachment: Current CAC Roster (last update 9/15/23) (27882 : Approve Reappointment to CAC) 02/09/2024 EXECUTIVE SUMMARY Review and Comment on FDOT Proposed Functional Classification and Urban Boundary Updates OBJECTIVE: For the Board to review and comment on FDOT Functional Classification and Urban Boundary Updates. CONSIDERATIONS: FDOT has revised its proposed Functional Classification and Urban Boundary updates based on comments received from Collier County Transportation Management Services Department (TMSD) and further research. (Attachment 1) Collier County TMSD is reviewing FDOT’s revised submittal at this time, and staff will provide an update at the February 9th Board meeting. FDOT’s transmittal indicates a willingness to incorporate further changes, if necessary, before submitting a preliminary review package to FHWA. FDOT’s original schedule called for submitting the preliminary package in May 2024 and the final by December 2024. COMMITTEE RECOMMENDATIONS: The Technical Advisory Committee (TAC) and Citizens Advisory Committee (CAC) received FDOT’s presentation at their meetings held on Nove mber 27, 2023. The County’s comments were discussed at the TAC meeting. STAFF RECOMMENDATION: That Board members consider any remaining comments the County may have and take formal action if needed. Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. FDOT Proposed Functional Classification Changes (PDF) 9.J Packet Pg. 239 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 9.J Doc ID: 27883 Item Summary: Review and Comment on FDOT Proposed Functional Classification and Urban Boundary Updates Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:10 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:10 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:09 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:13 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 9.J Packet Pg. 240 County New Offsystem Road RID FromMP ToMP Road From To Existing FC Proposed FC Justification COLLIER No 3000524 0 2.204 LOGAN BOULEVARD CR 901/VANDERBILT BEACH ROAD CR 846/IMMOKALEE ROAD Urban Minor Collector Urban Major Collector (QAR review) Land use (moderate-high density SF residential), connectivity (I-75 via Immokalee Rd), trip purposes and criteria COLLIER No 3000524 2.204 5.792 LOGAN BOULEVARD CR 846/IMMOKALEE ROAD LEE COUNTY LINE Urban Local Urban Major Collector (QAR review) Land use (moderate-high density SF residential), connectivity (I-75 via Immokalee Rd), trip purposes and criteria COLLIER No 3000008 0 2.032 GULF SHORE BOULEVARD BROAD AVENUE S BANYAN BOULEVARD Urban Minor Collector Urban Major Collector Development density, destinations (beach and resort access), connection with US 41, trip purposes and criteria COLLIER No 3000026 0 0.713 GULFSHORE BOULEVARD N BANYAN BOULEVARD GULFSHORE BOULEVARD N Urban Minor Collector Urban Major Collector Development density, destinations (beach and resort access), connection with US 41, trip purposes and criteria COLLIER No 3000304 0 1.657 47th AVENUE NE CR 846/IMMOKALEE ROAD 20TH STREET NE Urban Local Urban Major Collector Consistency with the adjacent segment of 47th Ave (03000303), land uses, trip purposes, and criteria COLLIER No 3634001 0 0.805 MOORING LINE DRIVE GULFSHORE BOULEVARD US 41/TAMIAMI TRAIL Urban Minor Collector Urban Major Collector Development density, destinations (beach and resort access), connection with US 41, trip purposes and criteria COLLIER No 3000015 0 0.507 CR 886/GOLDEN GATE PARKWAY US 41/TAMIAMI TRAIL CR 851/GOODLETTE-FRANK ROAD Urban Minor Arterial Urban Principal Arterial One of the highest volume E/W corridors, major destinations (Coastland Center, sports facility, beach access), connections with major N/S corridors US 41, I-75, Collier Blvd, trip purposes and criteria COLLIER No 3003000 0 5.844 CR 31/AIRPORT ROAD US 41/TAMIAMI TRAIL CR 896/PINE RIDGE ROAD Urban Minor Arterial Urban Principal Arterial Major N/S corridor, airport and beach access, connection with US 41, I-75 via Pine Ridge Rd, high traffic volumes, trip purposes and criteria COLLIER No 3003000 5.844 7.819 CR 896/PINE RIDGE ROAD CR 31/AIRPORT ROAD US 41/TAMIAMI TRAIL Urban Minor Arterial Urban Principal Arterial Major E/W corridor, airport and beach access, connection with US 41, I-75, high traffic volumes, trip purposes and criteria COLLIER No 3504000 1.467 6.487 CR 896/PINE RIDGE ROAD CR 31/AIRPORT ROAD CR 951/COLLIER BOULEVARD Urban Minor Arterial Urban Principal Arterial Major E/W corridor, airport and beach access, connection with US 41, I-75, Collier Blvd, high traffic volumes, trip purposes and criteria COLLIER No 3511000 1.006 5.218 CR 886/GOLDEN GATE PARKWAY CR 881/LIVINGSTON ROAD CR 951/COLLIER BOULEVARD Urban Minor Arterial Urban Principal Arterial One of the highest volume E/W corridors, major destinations (Coastland Center, sports facility, beach access), connections with major N/S corridors US 41, I-75, Collier Blvd, trip purposes and criteria COLLIER No 3590000 0 8.191 CR 846/IMMOKALEE ROAD US 41/SR 45/TAMIAMI TRAIL QUARRY DRIVE Urban Minor Arterial Urban Principal Arterial Major E/W corridor (AADT up to 58,000), beach access, connections with US 41, I-75, Collier Blvd, trip purposes and criteria COLLIER No 3631000 1.915 2.967 CR 886/GOLDEN GATE PARKWAY ESTUARY BOULEVARD CR 851/GOODLETTE-FRANK ROAD Urban Minor Arterial Urban Principal Arterial One of the highest volume E/W corridors, major destinations (Coastland Center, sports facility, golf clubs, beach access), connections with major N/S corridors US 41, I-75, Collier Blvd, trip purposes and criteria COLLIER No 3631000 2.967 5.693 CR 851/GOODLETTE-FRANK ROAD CR 886/GOLDEN GATE PARKWAY CR 896/PINE RIDGE ROAD Urban Minor Arterial Urban Principal Arterial High volume N/S comparable to parallel US 41, consistent with recommendations for intersecting E/W roads Golden Gate Pkwy and Pine Ridge Rd, major destinations including beach, sports centers, golf clubs, trip purposes and criteria COLLIER No 3631100 0 1.491 CR 886/GOLDEN GATE PARKWAY ESTUARY BOULEVARD CR 881/LIVINGSTON ROAD Urban Minor Arterial Urban Principal Arterial One of the highest volume E/W corridors, major destinations (Coastland Center, sports facility, golf clubs, beach access), connections with major N/S corridors US 41, I-75, Collier Blvd, trip purposes and criteria FDOT FUNCTIONAL CLASSIFICATION AND URBAN AREA BOUNDARY PROPOSAL - COLLIER MPO 1-24-2024 9.J.1 Packet Pg. 241 Attachment: FDOT Proposed Functional Classification Changes (27883 : Review and Comment on FDOT Proposed Functional Classification COLLIER No 3000010 0 0.515 NORTH ROAD TERMINAL DRIVE CR 31/AIRPORT ROAD Urban Local Urban Major Collector Connections to major roadways, land uses (residential and airport access), traffic volumes, trip purposes and criteria COLLIER No 3512000 0 7.171 CR 901/VANDERBILT BEACH ROAD US 41/TAMIAMI TRAIL CR 951/COLLIER BOULEVARD Urban Major Collector Urban Minor Arterial Will be a significant E/W corridor with future extension, consistency with parallel arterial facilities (Imokalee Rd and Pine Ridge Rd), traffic volumes, trip purposes and criteria COLLIER No 3000301 1.152 1.52 8TH STREET NE GOLDEN GATE MAIN CANAL 12TH AVENUE NE Rural Major Collector Urban Major Collector UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3000302 1.152 1.52 16TH STREET NE GOLDEN GATE MAIN CANAL 12TH AVENUE NE Rural Major Collector Urban Major Collector UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3000302 1.52 3.277 16TH STREET NE 12TH AVENUE NE RANDALL BOULEVARD Rural Local Urban Local UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3000054 1.758 3.215 WILSON BOULEVARD 14TH AVENUE NW CR 846/IMMOKALEE ROAD Rural Major Collector Urban Major Collector UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3515000 16.141 17.931 EVERGLADES BOULEVARD 4TH AVENUE NE 18TH AVENUE NE Rural Minor Collector Urban Minor Collector UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3515000 19.688 20.027 EVERGLADES BOULEVARD 31ST AVENUE NE OIL WELL ROAD Rural Minor Collector Urban Minor Collector UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3060000 3.458 5.02 CR 92/SAN MARCO DRIVE MARCO ISLAND GOODLAND BAY BRIDGE Rural Minor Arterial Urban Minor Arterial UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3632000 2.062 4.063 CR 858/OIL WELL ROAD HAWTHORN ROAD FAKA-UNION CANAL Rural Minor Arterial Urban Minor Arterial UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3010000 23.896 27.094 TAMIAMI TRAIL GREENWAY ROAD TOMATO ROAD Rural Principal Arterial Urban Principal Arterial UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3590000 8.191 15.703 CR 846/IMMOKALEE ROAD QUARRY DRIVE GOLDEN GATE MAIN CANAL Rural Minor Arterial Urban Minor Arterial UAB Update - change from Rural to Urban based on smoothed UAB COLLIER No 3175000 47.384 48.924 I 75/ALLIGATOR ALLEY INEZ ROAD SW/URBAN BOUNDARY E OF BENFIELD ROAD Rural Interstate Urban Interstate UAB Update - change from Rural to Urban based on smoothed UAB COLLIER Yes TBD --CR 901/VANDERBILT BEACH ROAD EXTEN CR 951/COLLIER BOULEVARD EVERGLADES BOULEVARD -Urban Minor Arterial Collier/Lee Joint Regional Priorities (TIP), construction anticipated to be complete by 2026, will be a significant E/W corridor, similar to parallel arterial facilities (Immokalee Rd, Pine Ridge Rd), trip purposes and criteria COLLIER Yes TBD --VETERANS MEMORIAL BOULEVARD US 41 CR 881/LIVINGSTON ROAD -Urban Minor Arterial Collier/Lee Joint Regional Priorities (TIP), Collier MPO confirmed construction within 5 years, connectivity with US 41, Livingston Rd, Old US 41, school access, trip purposes and criteria – recommend to classify due to higher level connections and school access COLLIER Yes 3000670 0 1.463 MANATEE ROAD SR 951/COLLIER BOULEVARD US 41 -Urban Minor Arterial Collier MPO request: Similar to Veterans Memorial Boulevard, connectivity between US 41 and SR 951, school access, trip purposes and criteria – recommend to classify due to higher level connections and school access COLLIER Yes 3000699 0 2.003 MASSEY STREET/WOODCREST DRIVE CR 862/VANDERBILT BEACH ROAD CR 846/IMMOKALEE ROAD -Urban Major Collector Collier MPO request: Road connects local roads, collectors, and arterials, satisfies criteria and trip purposes for Major Collector - recommend to classify due to connection with Vanderbilt Beach Rd 9.J.1 Packet Pg. 242 Attachment: FDOT Proposed Functional Classification Changes (27883 : Review and Comment on FDOT Proposed Functional Classification COLLIER Yes 3505000 3.863 4.661 RATTLESNAKE HAMMOCK ROAD EXTENSI CR 951/COLLIER BOULEVARD ROSA COURT -Urban Major Collector Collier MPO request: Significant ongoing development (majority residential, some commercial) on this road, relatively high capacity (4 lanes), connects CR 951 with local roads and collectors - recommend to classify due to density of development COLLIER Yes 3000698 0 1.489 MARBELLA LAKES DRIVE/WHIPPORWILL L CR 881/LIVINGSTON ROAD CR 896/PINE RIDGE ROAD -Urban Major Collector Collier MPO request: Road provides access to residential development and community institutions, with some commercial, improves connectivity between Livingston Rd, Pine Ridge Rd, and I-75 - recommend to classify due to enhanced connectivity from new extension 9.J.1 Packet Pg. 243 Attachment: FDOT Proposed Functional Classification Changes (27883 : Review and Comment on FDOT Proposed Functional Classification 02/09/2024 EXECUTIVE SUMMARY Federal Quadrennial Review of Collier MPO 2024 - Schedule OBJECTIVE: For the Board to be aware of the MPO’s upcoming quadrennial review. CONSIDERATIONS: Federal law requires the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) to jointly certify each Transportation Management Area’s (TMA) planning process at least every four years. Collier MPO is referred to as the Bonita Springs TMA. The MPO’s previous site visit occurred in September 2016 and the final report was issued in December 2016. The Federal Review Team will conduct the site visit portion of the FHWA/FTA Certification Review with the Collier MPO on July 23-24, 2024. The site review includes meetings with MPO staff, MPO Board members and transportation partners of the Collier MPO as well as an opportunity for the public to provide comments. The site visit will also consist of a follow-up of any “corrective actions” and/or “recommendations” from the prior certification review. The MPO received one Corrective Action in the prior review which was addressed: Congestion Management Process (CMP): The MPO was required to submit follow-up correspondence and documentation in the CMP that provides an evaluation of the effectiveness of the identified strategies by June 30, 2017. COMMITTEE RECOMMENDATIONS: The MPO’s advisory committees will be informed of the upcoming review and opportunities to participate. STAFF RECOMMENDATION: Provided for informational purposes and to determine Board member’s availability to participate during the site visit. Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. Letter from Florida Division of the FHWA dated 1/26/24 (PDF) 10.A Packet Pg. 244 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 10.A Doc ID: 27884 Item Summary: Federal Quadrennial Review of Collier MPO 2024 – Schedule Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:13 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:13 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:12 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:16 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 10.A Packet Pg. 245 Florida Division 3500 Financial Plaza, Suite 400 Tallahassee, Florida 32312 January 26, 2024 Phone: (850) 553-2201 Fax: (850) 942-9691 / 942-8308 www.fhwa.dot.gov/fldiv In Reply Refer To: HDA-FL Mr. Greg Folley, MPO Chair City of Marco Island Council Member Collier MPO 2885 South Horseshoe Drive Naples, FL 23104 Dear Council Member Folley: Federal law requires the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) to jointly certify each Transportation Management Area’s (TMA) planning process at least every four years. TMAs are urbanized areas with 200,000 or more in population. Plans are underway to schedule and conduct a site visit for the TMA Certification Review for the Bonita Springs TMA, more commonly known as the Collier Metropolitan Planning Organization (MPO). As agreed upon through recent conversations with staff from the Collier MPO, the Florida Department of Transportation (FDOT) and members of the Federal Review Team, the site visit portion of the FHWA/FTA Certification Review with the Collier MPO will be conducted on July 23-24, 2024. Please note that this site visit may be reduced in length once the desk audit and review portion of the certification have been completed. This site review will include meetings with MPO staff, MPO Board members, and transportation partners of the Collier MPO, as well as an opportunity for the public to provide comments on the transportation planning process. In general, the upcoming review will further focus on the TMA’s various approaches, activities, and issues associated with conducting the “3-C” (coordinated, continuing, and comprehensive) metropolitan transportation planning process. As part of the TMA Certification Review, the site visit will also consist of a follow-up of any “corrective actions” and/or “recommendations” from prior certification reviews. In addition to assessing the MPO’s current level of effort in addressing statutory and regulatory requirements, the review is intended to offer input and examples from other States and MPOs in improving the overall quality of the area’s metropolitan transportation planning process. Three primary activities will comprise the site visit: (a) staff-level discussions with representatives from the TPO, FDOT, and other planning agencies within the TMA; (b) discussions with local elected and/or appointed officials; and (c) a public meeting. 10.A.1 Packet Pg. 246 Attachment: Letter from Florida Division of the FHWA dated 1/26/24 (27884 : Federal Quadrennial Review of Collier MPO 2024 – Schedule) 2 To maximize participation by local elected officials and the general public, we will rely upon the MPO planning staff in defining the specific mechanisms for providing comment opportunities. This should be done in a manner consistent with the MPO’s adopted public participation process, as well as our statewide public involvement guidelines for certification reviews. At the conclusion of the upcoming site visit, an informal closeout session will be held with the Collier MPO and planning partners to discuss preliminary review findings. A TMA Certification Review Report that summarizes the site visit provides specific review findings, and issues the FHWA/FTA certification action, will be prepared after the site visit is concluded. Subsequently, a formal presentation of the review findings will be made by our office at the next Collier MPO Board Meeting following the transmittal of the TMA Certification Review Report (to the extent practicable). Over the next several weeks our office will be coordinating with MPO staff to finalize the site visit agenda. If you have any questions regarding the upcoming certification review, please do not hesitate to contact Carlos A. Gonzalez by phone at (850) 553-2221 or by e-mail at Carlos.A.Gonzalez@dot.gov or Curlene Thomas by phone at (407) 867-6422 or by e-mail at Curlene.Thomas@dot.gov. Sincerely, FOR: James Christian, P.E. Division Administrator cc: Ms. Anne McLaughlin, Collier MPO Ms. Dusty May Siegler, Collier MPO Mr. Wayne Gaither, FDOT, District 1 Ms. Victoria Peters, FDOT, District 1 Mr. Mike Niedhart, FDOT Office of Policy Planning Ms. Karen Brunelle, FHWA Ms. Cathy Kendall, FHWA Mr. Carlos A. Gonzalez, FHWA Ms. Curlene Thomas, FHWA Mr. Brandon Oliver, FTA Mr. Mark E. Reichert, MPOAC 10.A.1 Packet Pg. 247 Attachment: Letter from Florida Division of the FHWA dated 1/26/24 (27884 : Federal Quadrennial Review of Collier MPO 2024 – Schedule) 02/09/2024 EXECUTIVE SUMMARY Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana OBJECTIVE: To advise the Board of three bills pending before the Legislature that affect Collier MPO. CONSIDERATIONS: SB-1032 and HB-7049 are companion bills that propose eliminating the MPOAC, adding new performance metrics for MPOs to meet and granting FDOT greater authority over the MPOs. The bills call for Lee and Collier Counties to submit a feasibility report by February 28 , 2025, to the Governor, the President of the Senate, and the Speaker of the House of Representatives exploring the benefits, costs, and process of consolidation into a single MPO serving the contiguous urbanized area. (Attachments 1 and 2) According to a Memorandum on HB-7049 prepared by Paul Gougelman, MPOAC General Counsel, the bill raises two areas of concern: 1) consistency with federal law and administrative regulations and 2) cost-efficient delivery of services to the public and MPOs. (Attachment 3) HB-7049 was unanimously approved by the House Transportation and Modals Committee on January 19, 2024 and by the the Infrastructure and Tourism Appropriations Subcommittee on February 1. SB-1032 differs from HB-7049 in that it also abolishes the Florida Transportation Commission. SB-1032 will be taken up by the Senate Transportation Committee first, but has not been placed on an agenda as of January 31. The MPOAC Governing Board met on January 24 and approved a motion stating its opposition to HB -7049 as currently written. The Board authorized Mark Reichert, MPOAC Executive Director, to meet with Representative McFarland, Chair of the House Transportation and Modals Committee, provide information on the role of the MPOAC and federal regulations governing the MPOs, and report back to the MPOAC Executive Committee. Separate proposed legislation known as HB-1301 (Attachment 4) adds a new subsection (6) to section 339.155 Florida Statutes governing Transportation Planning, which would prohibit FDOT and MPOs from considering “nonpecuniary factors” such as environmental or social justice, or initiatives to achieve net zero emissions of carbon dioxide, when developing plans. The full legal impact of the enactment of such a law, considering the apparent inconsistency with existing federal administrative regulations and requirements established under discretionary grant programs, is unknown. HB-1301 passed out of the Transportation and Modals Subcommittee on a vote of 11 to 6. The Senate version, SB-1226, has not moved. Lastly, Representative Botana sent a letter to FDOT D1 Secretary L. K. Nandam asking FDOT to review and come up with implementable suggestions to address immediate and long-term concerns regarding the need for an interconnected regional transportation network to address growth in Lee and Collier Counties. (Attachment 5) The two MPO Directors are coordinating a response in collaboration with FDOT. Lee MPO prepared the summary shown in Attachment 6. Additional options under discussion include appointing a single member from each MPO Board to meet informally and report back or having the two MPO Boards meet more frequently. The MPO Director will provide an update on the pending legislation and regional coordination at the Board’s February 9th meeting. RECOMMENDATION: Staff is providing this report for informational purposes and to obtain Board direction on how to respond to Representative Botana’s concerns. Prepared by: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. HB-7049 (PDF) 2. SB-1032 (PDF) 3. MPOAC General Counsel Memorandum on HB-7049 (PDF) 10.B Packet Pg. 248 02/09/2024 4. HB-1301 (PDF) 5. Rep. Botana Letter to FDOT D1 Secretary (PDF) 6. Draft response to Rep. Botana (PDF) 10.B Packet Pg. 249 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 10.B Doc ID: 27885 Item Summary: Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:17 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:17 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:14 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:23 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 10.B Packet Pg. 250 HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 1 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to transportation; amending s. 2 334.065, F.S.; revising membership of the Center for 3 Urban Transportation Research advisory board; amending 4 s. 334.066, F.S.; revising membership of the I -STREET 5 advisory board; amending s. 339.175, F.S.; revi sing 6 legislative intent; revising requirements for the 7 designation of additional M.P.O.'s; revising projects 8 and strategies to be considered in developing an 9 M.P.O.'s long-range transportation plan and 10 transportation improvement program; requiring the 11 Department of Transportation to convene M.P.O.'s of 12 similar size to exchange best practices; authorizing 13 such M.P.O.'s to develop committees or working groups; 14 requiring training for new M.P.O. governing board 15 members to be provided by the department or anothe r 16 specified entity; removing provisions relating to 17 M.P.O. coordination mechanisms; requiring certain 18 M.P.O.'s to submit a feasibility report to the 19 Governor and Legislature regarding consolidation; 20 specifying goals thereof; deleting obsolete 21 provisions; conforming provisions to changes made by 22 the act; including public -private partnerships in 23 authorized financing techniques; revising proposed 24 transportation enhancement activities that must be 25 10.B.1 Packet Pg. 251 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 2 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S indicated by the long-range transportation plan; 26 requiring the d epartment to review certain aspects of 27 each M.P.O.'s long -range transportation plan and to 28 return such plan to the M.P.O. for revision if deemed 29 unsatisfactory; requiring the department to create a 30 quality performance scoring mechanism to evaluate each 31 M.P.O.'s service to its communities and to establish a 32 minimum acceptable quality performance score; 33 requiring each M.P.O. to report its quality 34 performance score annually to the district secretary 35 and to publish the score on its website; requiring the 36 department to validate each M.P.O.'s score 37 calculation; requiring an M.P.O. that does not achieve 38 the minimum acceptable quality performance score 39 within a certain timeframe to be placed under the 40 control of the Secretary of Transportation; requiring 41 the secretary to appoint the district secretary or 42 another person to assume the role of executive 43 director of such M.P.O.; providing responsibilities; 44 providing an appropriation from the State 45 Transportation Trust Fund for the M.P.O. with the 46 highest quality performance score; providing 47 requirements for the expenditure of such funds; 48 requiring such M.P.O. to represent the state in any 49 federal conference or membership organization; 50 10.B.1 Packet Pg. 252 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 3 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S removing provisions relating to the Metropolitan 51 Planning Organization Advisory Council; amending s. 52 331.3051, F.S.; conforming provisions to changes made 53 by the act; amending s. 331.310, F.S.; conforming a 54 cross-reference; requiring a report to the Governor 55 and Legislature; requiring the Department of Highway 56 Safety and Motor Vehicles to beg in implementation of a 57 redesigned registration license plate by a specified 58 date; providing redesign requirements; providing an 59 effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Subsection (3) of section 334.065 , Florida 64 Statutes, is amended to read: 65 334.065 Center for Urban Transportation Research.— 66 (3) An advisory board shall be created to periodically and 67 objectively review and advise the center concerning its research 68 program. Except for projects mandated by law, state -funded base 69 projects shall not be undertaken without approval of the 70 advisory board. The membership of the board shall consist of 71 nine experts in transportation -related areas, as follows: 72 (a) A member appointed by the President of the Sena te. 73 (b) A member appointed by the Speaker of the House of 74 Representatives. 75 10.B.1 Packet Pg. 253 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 4 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (c) The Secretary of Transportation or his or her 76 designee. 77 (d) The Secretary of Commerce or his or her designee. 78 including the secretaries of the Department of Transportation , 79 the Department of Environmental Protection, and the Department 80 of Economic Opportunity, or their designees, and 81 (e) A member of the Florida Transportation Commission. 82 (f) The nomination of the remaining four members of the 83 board shall be made to the President of the University of South 84 Florida by the College of Engineering at the University of South 85 Florida ., and The appointment of these members must be reviewed 86 and approved by the Florida Transportation Commission and 87 confirmed by the Board of Govern ors. 88 Section 2. Paragraph (d) of s ubsection (3) of section 89 334.066, Florida Statutes, is amended to read: 90 334.066 Implementing Solutions from Transportation 91 Research and Evaluating Emerging Technologies Living Lab.— 92 (3) An advisory board shall be c reated to periodically 93 review and advise I-STREET concerning its research program. The 94 board shall consist of nine members with expertise in 95 transportation -related areas, as follows: 96 (d) The Secretary of Commerce Economic Opportunity or his 97 or her designee. 98 Section 3. Subsection (10) of section 339.175, Florida 99 Statutes, is renumbered as subsection (11), subsection (1), 100 10.B.1 Packet Pg. 254 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 5 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S paragraph (a) of subsection (2), paragraphs (b), (j), and (i) of 101 subsection (6), subsection (7), and present sub section (11) are 102 amended, and a new subsection (10) is added to that section, to 103 read: 104 339.175 Metropolitan planning organization.— 105 (1) PURPOSE.—It is the intent of the Legislature to 106 encourage and promote the safe and efficient management, 107 operation, and development of multimodal surface transportation 108 systems that will serve the mobility needs of people and freight 109 and foster economic growth and development within and through 110 urbanized areas of this state while balancing conservation of 111 natural resour ces minimizing transportation -related fuel 112 consumption, air pollution, and greenhouse gas emissions through 113 metropolitan transportation planning processes identified in 114 this section . To accomplish these objectives, metropolitan 115 planning organizations, refe rred to in this section as M.P.O.'s, 116 shall develop, in cooperation with the state and public transit 117 operators, transportation plans and programs for metropolitan 118 areas. The plans and programs for each metropolitan area must 119 provide for the development and integrated management and 120 operation of transportation systems and facilities, including 121 pedestrian walkways and bicycle transportation facilities that 122 will function as an intermodal transportation system for the 123 metropolitan area, based upon the prevailin g principles provided 124 in s. 334.046(1). The process for developing such plans and 125 10.B.1 Packet Pg. 255 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 6 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S programs shall provide for consideration of all modes of 126 transportation and shall be continuing, cooperative, and 127 comprehensive, to the degree appropriate, based on the 128 complexity of the transportation problems to be addressed. To 129 ensure that the process is integrated with the statewide 130 planning process, M.P.O.'s shall develop plans and programs that 131 identify transportation facilities that should function as an 132 integrated metr opolitan transportation system, giving emphasis 133 to facilities that serve important national, state, and regional 134 transportation functions. For the purposes of this section, 135 those facilities include the facilities on the Strategic 136 Intermodal System designated under s. 339.63 and facilities for 137 which projects have been identified pursuant to s. 339.2819(4). 138 (2) DESIGNATION.— 139 (a)1. An M.P.O. shall be designated for each urbanized 140 area of the state; however, this does not require that an 141 individual M.P.O. be designated for each such area. Such 142 designation shall be accomplished by agreement between the 143 Governor and units of general-purpose local government 144 representing at least 75 percent of the population of the 145 urbanized area; however, the unit of general-purpose local 146 government that represents the central city or cities within the 147 M.P.O. jurisdiction, as defined by the United States Bureau of 148 the Census, must be a party to such agreement. 149 2. To the extent possible, only one M.P.O. shall be 150 10.B.1 Packet Pg. 256 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 7 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S designated for each urbanized area or group of contiguous 151 urbanized areas. More than one M.P.O. may be designated within 152 an existing urbanized area only if the Governor and the existing 153 M.P.O. determine that the size and complexity of the existing 154 urbanized area makes t he designation of more than one M.P.O. for 155 the area appropriate . After July 1, 2024, no additional M.P.O.'s 156 shall be designated in th e state except in urbanized areas, as 157 defined by the United States Bureau of the Census, where the 158 urbanized area boundary is not contiguous to an urbanized area 159 designated before the 2020 census , in which case each M.P.O. 160 designated for the area must: 161 a. Consult with every other M.P.O. designated for the 162 urbanized area and the state to coordinate plans and 163 transportation im provement programs. 164 b. Ensure, to the maximum extent practicable, the 165 consistency of data used in the planning process, including data 166 used in forecasting travel demand within the urbanized area . 167 168 Each M.P.O. required under this section must be fully operative 169 no later than 6 months following its designation. 170 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, 171 privileges, and authority of an M.P.O. are those specified in 172 this section or incorporated in an interlocal agreement 173 authorized under s. 16 3.01. Each M.P.O. shall perform all acts 174 required by federal or state laws or rules, now and subsequently 175 10.B.1 Packet Pg. 257 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 8 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S applicable, which are necessary to qualify for federal aid. It 176 is the intent of this section that each M.P.O. be involved in 177 the planning and programm ing of transportation facilities, 178 including, but not limited to, airports, intercity and high -179 speed rail lines, seaports, and intermodal facilities, to the 180 extent permitted by state or federal law. An M.P.O. may not 181 perform project production or delivery f or capital improvement 182 projects on the State Highway System. 183 (b) In developing the long -range transportation plan and 184 the transportation improvement program required under paragraph 185 (a), each M.P.O. shall provide for consideration of projects and 186 strateg ies that will: 187 1. Support the economic vitality of the contiguous 188 urbanized metropolitan area, especially by enabling global 189 competitiveness, productivity, and efficiency. 190 2. Increase the safety and security of the transportation 191 system for motorized a nd nonmotorized users. 192 3. Increase the accessibility and mobility options 193 available to people and for freight. 194 4. Protect and enhance the environment, conserve natural 195 resources promote energy conservation , and improve quality of 196 life. 197 5. Enhance the integration and connectivity of the 198 transportation system, across and between modes and contiguous 199 urbanized metropolitan areas, for people and freight. 200 10.B.1 Packet Pg. 258 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 9 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 6. Promote efficient system management and operation. 201 7. Emphasize the preservation of the existin g 202 transportation system. 203 8. Improve the resilience of transportation 204 infrastructure. 205 9. Reduce traffic and congestion. 206 (j)1. To more fully accomplish the purposes for which 207 M.P.O.'s have been mandated, the department shall, at least 208 annually, convene M.P.O.'s of similar size, based on the size of 209 population served, for the purpose of exchanging best practices. 210 M.P.O.'s may shall develop committees or working groups as 211 needed to accomplish such purpose. At the discretion of the 212 department, training for new M.P.O. governing board members 213 shall be provided by the department, by an entity pursuant to a 214 contract with the department, by the Florida Center for Urban 215 Transportation Research, or by the Implementing Solutions from 216 Transportation Research and Evaluating Emerging Technologies (I -217 STREET) Living Lab coordination mechanisms with one another to 218 expand and improve transportation within the state. The 219 appropriate method of coordination between M.P.O.'s shall vary 220 depending upon the project involved and g iven local and regional 221 needs. Consequently, it is appropriate to set forth a flexible 222 methodology that can be used by M.P.O.'s to coordinate with 223 other M.P.O.'s and appropriate political subdivisions as 224 circumstances demand . 225 10.B.1 Packet Pg. 259 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 10 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 2. Any M.P.O. may join with any other M.P.O. or any 226 individual political subdivision to coordinate activities or to 227 achieve any federal or state transportation planning or 228 development goals or purposes consistent with federal or state 229 law. When an M.P.O. determines that it is appropr iate to join 230 with another M.P.O. or any political subdivision to coordinate 231 activities, the M.P.O. or political subdivision shall enter into 232 an interlocal agreement pursuant to s. 163.01, which, at a 233 minimum, creates a separate legal or administrative enti ty to 234 coordinate the transportation planning or development activities 235 required to achieve the goal or purpose; provides the purpose 236 for which the entity is created; provides the duration of the 237 agreement and the entity and specifies how the agreement may be 238 terminated, modified, or rescinded; describes the precise 239 organization of the entity, including who has voting rights on 240 the governing board, whether alternative voting members are 241 provided for, how voting members are appointed, and what the 242 relative voting strength is for each constituent M.P.O. or 243 political subdivision; provides the manner in which the parties 244 to the agreement will provide for the financial support of the 245 entity and payment of costs and expenses of the entity; provides 246 the manner in which funds may be paid to and disbursed from the 247 entity; and provides how members of the entity will resolve 248 disagreements regarding interpretation of the interlocal 249 agreement or disputes relating to the operation of the entity. 250 10.B.1 Packet Pg. 260 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 11 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Such interlocal agreement sh all become effective upon its 251 recordation in the official public records of each county in 252 which a member of the entity created by the interlocal agreement 253 has a voting member. Multiple M.P.O.'s may merge, combine, or 254 otherwise join together as a single M.P.O. 255 (i) By February 28, 2025 December 31, 2023 , the M.P.O.'s 256 serving Lee and Collier Hillsborough, Pasco, and Pinellas 257 Counties must submit a feasibility report to the Governor, the 258 President of the Senate, and the Speaker of the House of 259 Representative s exploring the benefits, costs, and process of 260 consolidation into a single M.P.O. serving the contiguous 261 urbanized area, the goal of which would be to: 262 1. Coordinate transportation projects deemed to be 263 regionally significant. 264 2. Review the impact of regionally significant land use 265 decisions on the region. 266 3. Review all proposed regionally significant 267 transportation projects in the respective transportation 268 improvement programs. 269 (7) LONG -RANGE TRANSPORTATION PLAN.—Each M.P.O. must 270 develop a long -ra nge transportation plan that addresses at least 271 a 20 -year planning horizon. The plan must include both long -272 range and short -range strategies and must comply with all other 273 state and federal requirements. The prevailing principles to be 274 considered in the lo ng -range transportation plan are: preserving 275 10.B.1 Packet Pg. 261 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 12 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the existing transportation infrastructure; enhancing Florida's 276 economic competitiveness; and improving travel choices to ensure 277 mobility. The long -range transportation plan must be consistent, 278 to the maximum ex tent feasible, with future land use elements 279 and the goals, objectives, and policies of the approved local 280 government comprehensive plans of the units of local government 281 located within the jurisdiction of the M.P.O. Each M.P.O. is 282 encouraged to consider strategies that integrate transportation 283 and land use planning to provide for sustainable development and 284 reduce greenhouse gas emissions. The approved long -range 285 transportation plan must be considered by local governments in 286 the development of the transportation elements in local 287 government comprehensive plans and any amendments thereto. The 288 long -range transportation plan must, at a minimum: 289 (a) Identify transportation facilities, including, but not 290 limited to, major roadways, airports, seaports, spaceports, 291 commuter rail systems, transit systems, and intermodal or 292 multimodal terminals that will function as an integrated 293 metropolitan transportation system. The long-range 294 transportation plan must give emphasis to those transportation 295 facilities that serve national, statewide, or regional 296 functions, and must consider the goals and objectives identified 297 in the Florida Transportation Plan as provi ded in s. 339.155. If 298 a project is located within the boundaries of more than one 299 M.P.O., the M.P.O.'s must coordinate plans regarding the project 300 10.B.1 Packet Pg. 262 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 13 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in the long-range transportation plan. Multiple M.P.O.'s within 301 a contiguous urbanized area must coordinate t he development of 302 long -range transportation plans to be reviewed by the 303 Metropolitan Planning Organization Advisory Council. 304 (b) Include a financial plan that demonstrates how the 305 plan can be implemented, indicating resources from public and 306 private sour ces which are reasonably expected to be available to 307 carry out the plan, and recommends any additional financing 308 strategies for needed projects and programs. The financial plan 309 may include, for illustrative purposes, additional projects that 310 would be inclu ded in the adopted long -range transportation plan 311 if reasonable additional resources beyond those identified in 312 the financial plan were available. For the purpose of developing 313 the long-range transportation plan, the M.P.O. and the 314 department shall cooperatively develop estimates of funds that 315 will be available to support the plan implementation. Innovative 316 financing techniques may be used to fund needed projects and 317 programs. Such techniques may include the assessment of tolls, 318 public-private partnerships, the use of value capture financing, 319 or the use of value pricing. Multiple M.P.O.'s within a 320 contiguous urbanized area must ensure, to the maximum extent 321 possible, the consistency of data used in the planning process. 322 (c) Assess capital investment and ot her measures necessary 323 to: 324 1. Ensure the preservation of the existing metropolitan 325 10.B.1 Packet Pg. 263 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 14 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S transportation system including requirements for the operation, 326 resurfacing, restoration, and rehabilitation of major roadways 327 and requirements for the operation, maintenance, modernization, 328 and rehabilitation of public transportation facilities; and 329 2. Make the most efficient use of existing transportation 330 facilities to relieve vehicular congestion, improve safety, and 331 maximize the mobility of people and goods. Such effo rts must 332 include, but are not limited to, consideration of infrastructure 333 and technological improvements necessary to accommodate advances 334 in vehicle technology, such as automated driving systems and 335 other developments. 336 (d) Indicate, as appropriate, prop osed transportation 337 enhancement activities, including, but not limited to, 338 pedestrian and bicycle facilities, trails or facilities that are 339 regionally significant or critical linkages for the Florida 340 Shared-Use Nonmotorized Trail Network, scenic easements, 341 landscaping, integration of advanced air mobility, and 342 integration of autonomous and electric vehicles, electric 343 bicycles, and motorized scooters used for freight, commuter, or 344 micromobility purposes historic preservation, mitigation of 345 water pollution du e to highway runoff, and control of outdoor 346 advertising. 347 (e) In addition to the requirements of paragraphs (a)-(d), 348 in metropolitan areas that are classified as nonattainment areas 349 for ozone or carbon monoxide, the M.P.O. must coordinate the 350 10.B.1 Packet Pg. 264 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 15 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S development of the long -range transportation plan with the State 351 Implementation Plan developed pursuant to the requirements of 352 the federal Clean Air Act. 353 354 In the development of its long -range transportation plan, each 355 M.P.O. must provide the public, affected public ag encies, 356 representatives of transportation agency employees, freight 357 shippers, providers of freight transportation services, private 358 providers of transportation, representatives of users of public 359 transit, and other interested parties with a reasonable 360 oppo rtunity to comment on the long-range transportation plan. 361 The long-range transportation plan must be approved by the 362 M.P.O. and by the department as provided in subsection (10). 363 (10) ACCOUNTABILITY.— 364 (a) The department shall review each M.P.O.'s long -r ange 365 transportation plan for productive flow and connectivity for 366 people and freight within the M.P.O.'s metropolitan area. If the 367 department finds an M.P.O.'s long -range transportation plan to 368 be unsatisfactory or incongruent with the metropolitan area, t he 369 department shall return the plan to the M.P.O. for revision. 370 (b) The department shall create quality performance 371 metrics and a scoring mechanism by which to evaluate each 372 M.P.O.'s service to its communities, taking into consideration 373 traffic congestio n, the utilization rate of multimodal 374 transportation facilities, resident satisfaction, efficiency of 375 10.B.1 Packet Pg. 265 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 16 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the transportation system for people and freight, and other 376 factors the department deems necessary. The department shall 377 establish a minimum acceptable qu ality performance score. 378 (c) Beginning in 2025 and each year thereafter, each 379 M.P.O. shall report its score for each quality performance 380 metric by December 1 to the district secretary and shall publish 381 the score and supporting data on its website. The de partment 382 must validate each M.P.O.'s score calculation and make 383 adjustments thereto if necessary. 384 (d) Beginning in December of 2026 and every 3 years 385 thereafter, an M.P.O. that does not achieve the minimum 386 acceptable quality performance score shall be pl aced under the 387 control of the Secretary of Transportation. The Secretary of 388 Transportation shall appoint the district secretary or another 389 person to assume the role of executive director of the M.P.O. 390 and chair of its governing board for a period not to ex ceed 1 391 year, during which time the district secretary or other person 392 shall make recommendations to the governing board regarding: 393 1. Any leadership, process, and management changes needed 394 to improve the M.P.O.'s quality performance score. 395 2. Whether the metropolitan area of the M.P.O. would be 396 better served by consolidation of the M.P.O. with an M.P.O. in a 397 contiguous urbanized metropolitan area. 398 (e) Subject to appropriation by the Legislature, beginning 399 in 2026 and every 3 years thereafter, the sing le M.P.O. with the 400 10.B.1 Packet Pg. 266 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 17 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S highest quality performance score will receive $5 million from 401 the State Transportation Trust Fund. Such funds shall be 402 expended at the M.P.O.'s discretion for a project approved in 403 its work program list. Such M.P.O. shall also represent the 404 state in any federal M.P.O. conference or membership 405 organization. 406 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.— 407 (a) A Metropolitan Planning Organization Advisory Council 408 is created to augment, and not supplant, the role of the 409 individual M.P.O.'s in the cooperative transportation planning 410 process described in this section. 411 (b) The council shall consist of one representative from 412 each M.P.O. and shall elect a chairperson annually from its 413 number. Each M.P.O. shall also elect an alter nate representative 414 from each M.P.O. to vote in the absence of the representative. 415 Members of the council do not receive any compensation for their 416 services, but may be reimbursed from funds made available to 417 council members for travel and per diem expense s incurred in the 418 performance of their council duties as provided in s. 112.061. 419 (c) The powers and duties of the Metropolitan Planning 420 Organization Advisory Council are to: 421 1. Establish bylaws by action of its governing board 422 providing procedural rule s to guide its proceedings and 423 consideration of matters before the council, or, alternatively, 424 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement 425 10.B.1 Packet Pg. 267 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 18 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S provisions of law conferring powers or duties upon it. 426 2. Assist M.P.O.'s in carrying out the ur banized area 427 transportation planning process by serving as the principal 428 forum for collective policy discussion pursuant to law. 429 3. Serve as a clearinghouse for review and comment by 430 M.P.O.'s on the Florida Transportation Plan and on other issues 431 require d to comply with federal or state law in carrying out the 432 urbanized area transportation and systematic planning processes 433 instituted pursuant to s. 339.155. The council must also report 434 annually to the Florida Transportation Commission on the 435 alignment of M.P.O. long-range transportation plans with the 436 Florida Transportation Plan. 437 4. Employ an executive director and such other staff as 438 necessary to perform adequately the functions of the council, 439 within budgetary limitations. The executive director and st aff 440 are exempt from part II of chapter 110 and serve at the 441 direction and control of the council. The council is assigned to 442 the Office of the Secretary of the Department of Transportation 443 for fiscal and accountability purposes, but it shall otherwise 444 func tion independently of the control and direction of the 445 department. 446 5. Deliver training on federal and state program 447 requirements and procedures to M.P.O. board members and M.P.O. 448 staff. 449 6. Adopt an agency strategic plan that prioritizes steps 450 10.B.1 Packet Pg. 268 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 19 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the agenc y will take to carry out its mission within the context 451 of the state comprehensive plan and any other statutory mandates 452 and directives. 453 (d) The Metropolitan Planning Organization Advisory 454 Council may enter into contracts in accordance with chapter 287 455 to support the activities described in paragraph (c). Lobbying 456 and the acceptance of funds, grants, assistance, gifts, or 457 bequests from private, local, state, or federal sources are 458 prohibited. 459 Section 4. Subsection (14) of section 331.3051, Florida 460 Statutes, is amended to read: 461 331.3051 Duties of Space Florida.—Space Florida shall: 462 (14) Partner with the Metropolitan Planning Organization 463 Advisory Council to coordinate and specify how aerospace 464 planning and programming will be part of the state's cooperative 465 transportation planning process. 466 Section 5. Paragraph (e) of subsection (2) of section 467 331.310, Florida Statutes, is amended to read: 468 331.310 Powers and duties of the board of directors.— 469 (2) The board of directors shall: 470 (e) Prepare an annual report of operations as a supplement 471 to the annual report required under s. 331.3051(15) s. 472 331.3051(16). The report must include, but not be limited to, a 473 balance sheet, an income statement, a statement of changes in 474 financial position, a reconc iliation of changes in equity 475 10.B.1 Packet Pg. 269 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 7049 2024 CODING: Words stricken are deletions; words underlined are additions. hb7049-00 Page 20 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S accounts, a summary of significant accounting principles, the 476 auditor's report, a summary of the status of existing and 477 proposed bonding projects, comments from management about the 478 year's business, and prospects for the next year. 479 Section 6. By October 31, 2024, the Department of 480 Transportation shall submit to the Governor, the President of 481 the Senate, and the Speaker of the House of Representatives a 482 report that provides a comprehensive review of the boundaries of 483 each of the department's districts and whether any district's 484 boundaries should be redrawn as a result of population growth 485 and increased urban density. 486 Section 7. By October 1, 2024, the Department of Highway 487 Safety and Motor Vehicles must begin implementati on of a 488 redesigned registration license plate required by s. 489 320.06(3)(a), Florida Statutes. The redesign does not apply to 490 specialty license plates. In redesigning the plate, the 491 department must replace the current graphic and remove the term 492 "MYFLORIDA.C OM" and replace it solely with the word "FLORIDA." 493 The department must coordinate with the Department of 494 Transportation to ensure the legibility of the redesigned 495 registration license plate and must also consider adding an 496 additional character to the regis tration license plate due to 497 the state's continued economic growth. 498 Section 8. This act shall take effect July 1, 2024 . 499 10.B.1 Packet Pg. 270 Attachment: HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 By Senator Gruters 22-01098-24 20241032__ Page 1 of 34 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1 An act relating to transportation; amending s. 20.23, 2 F.S.; deleting provisions related to appointment, 3 powers, and duties of the Florida Transportation 4 Commission; repealing s. 334.045, F.S., relating to 5 transportation performance and productivity standards; 6 amending s. 334.048, F.S.; conforming provisions to 7 changes made by the act; amending s. 334.065, F.S.; 8 revising the membership of the Center for Urban 9 Transportation Research advisory board; requiring 10 review, approval, and confirmation by the Board of 11 Governors of certain nominations to the advisory 12 board; amending s. 334.066, F.S.; revising the 13 membership of the Implementing Solutions from 14 Transportation Research and Evaluating Emerging 15 Technologies (I-STREET) Living Lab advisory board; 16 amending s. 339.135, F.S.; revising provisions 17 relating to the evaluation of the Department of 18 Transportation’s tentative work program; requiring the 19 department to conduct the statewide public hearing 20 thereon; conforming provisions to changes made by the 21 act; amending s. 339.175, F.S.; revising legislative 22 intent; prohibiting the designation of additional 23 metropolitan planning organizations (M.P.O.’s) after a 24 specified date, with an exception for certain 25 urbanized areas; revising projects and strategies to 26 be considered in developing an M.P.O.’s long-range 27 transportation plan and transportation improvement 28 program; requiring certain M.P.O.’s to submit to the 29 10.B.2 Packet Pg. 271 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 2 of 34 CODING: Words stricken are deletions; words underlined are additions. Governor and the Legislature, by a specified date, a 30 feasibility report regarding consolidation; conforming 31 provisions to changes made by the act; requiring the 32 department to convene M.P.O.’s of similar size to 33 exchange best practices; authorizing such M.P.O.’s to 34 develop committees or working groups; requiring 35 training for new M.P.O. governing board members to be 36 provided by the department or one of the other 37 specified entities; deleting provisions relating to 38 M.P.O. coordination mechanisms; deleting provisions 39 requiring the Metropolitan Planning Organization 40 Advisory Council to review certain long-range 41 transportation plans; including public-private 42 partnerships in authorized financing techniques; 43 revising proposed transportation enhancement 44 activities that must be indicated by the long-range 45 transportation plan; requiring the department to 46 review certain aspects of each M.P.O.’s long-range 47 transportation plan and to return such plan to the 48 M.P.O. for revision if deemed unsatisfactory; 49 requiring the department to create quality performance 50 metrics and a scoring mechanism to evaluate each 51 M.P.O.’s service to its communities and establish a 52 minimum acceptable quality performance score; 53 requiring each M.P.O. to report its quality 54 performance score annually to the district secretary 55 and to publish the score on its website, beginning on 56 a specified date; requiring the department to validate 57 each M.P.O.’s score calculation and make necessary 58 10.B.2 Packet Pg. 272 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 3 of 34 CODING: Words stricken are deletions; words underlined are additions. adjustments; requiring M.P.O.’s that do not achieve 59 the minimum acceptable quality performance score 60 within a certain timeframe to be placed under the 61 control of the Secretary of Transportation; requiring 62 the secretary to appoint the district secretary or 63 another person to assume the role of executive 64 director of such M.P.O.’s for a specified period of 65 time; requiring the district secretary or other person 66 to make certain recommendations; providing specified 67 funding to the M.P.O. with the highest quality 68 performance score, beginning in a specified year and 69 periodically thereafter, subject to the appropriation 70 of funds by the Legislature; providing requirements 71 for the expenditure of such funds; requiring such 72 M.P.O. to represent the state in any federal 73 conference or membership organization; deleting 74 provisions relating to the Metropolitan Planning 75 Organization Advisory Council; amending s. 348.0306, 76 F.S.; conforming provisions to changes made by the 77 act; amending ss. 110.205, 331.3051, 331.310, and 78 339.64, F.S.; conforming cross-references and 79 provisions to changes made by the act; requiring the 80 department to submit a report to the Governor and 81 Legislature by a specified date which provides a 82 comprehensive review of the boundaries of department 83 districts and makes certain recommendations; providing 84 an effective date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87 10.B.2 Packet Pg. 273 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 4 of 34 CODING: Words stricken are deletions; words underlined are additions. 88 Section 1. Subsections (1) and (2) and paragraph (a) of 89 subsection (3) of section 20.23, Florida Statutes, are amended 90 to read: 91 20.23 Department of Transportation.—There is created a 92 Department of Transportation which shall be a decentralized 93 agency. 94 (1)(a) The head of the Department of Transportation is the 95 Secretary of Transportation. The secretary shall be appointed by 96 the Governor from among three persons nominated by the Florida 97 Transportation Commission and shall be subject to confirmation 98 by the Senate. The secretary shall serve at the pleasure of the 99 Governor. 100 (b) The secretary shall be a proven, effective 101 administrator who by a combination of education and experience 102 shall clearly possess a broad knowledge of the administrative, 103 financial, and technical aspects of the development, operation, 104 and regulation of transportation systems and facilities or 105 comparable systems and facilities. 106 (c) The secretary shall provide to the Florida 107 Transportation Commission or its staff, such assistance, 108 information, and documents as are requested by the commission or 109 its staff to enable the commission to fulfill its duties and 110 responsibilities. 111 (d) The secretary may appoint up to three assistant 112 secretaries who shall be directly responsible to the secretary 113 and who shall perform such duties as are assigned by the 114 secretary. The secretary shall designate to an assistant 115 secretary the duties related to enhancing economic prosperity, 116 10.B.2 Packet Pg. 274 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 5 of 34 CODING: Words stricken are deletions; words underlined are additions. including, but not limited to, the responsibility of liaison 117 with the head of economic development in the Executive Office of 118 the Governor. Such assistant secretary shall be directly 119 responsible for providing the Executive Office of the Governor 120 with investment opportunities and transportation projects that 121 expand the state’s role as a global hub for trade and investment 122 and enhance the supply chain system in the state to process, 123 assemble, and ship goods to markets throughout the eastern 124 United States, Canada, the Caribbean, and Latin America. The 125 secretary may delegate to any assistant secretary the authority 126 to act in the absence of the secretary. 127 (d)(e) The Any secretary appointed after July 5, 1989, and 128 the assistant secretaries are shall be exempt from the 129 provisions of part III of chapter 110 and shall receive 130 compensation commensurate with their qualifications and 131 competitive with compensation for comparable responsibility in 132 the private sector. 133 (2)(a)1. The Florida Transportation Commission is hereby 134 created and shall consist of nine members appointed by the 135 Governor subject to confirmation by the Senate. Members of the 136 commission shall serve terms of 4 years each. 137 2. Members shall be appointed in such a manner as to 138 equitably represent all geographic areas of the state. Each 139 member must be a registered voter and a citizen of the state. 140 Each member of the commission must also possess business 141 managerial experience in the private sector. 142 3. A member of the commission shall represent the 143 transportation needs of the state as a whole and may not 144 subordinate the needs of the state to those of any particular 145 10.B.2 Packet Pg. 275 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 6 of 34 CODING: Words stricken are deletions; words underlined are additions. area of the state. 146 4. The commission is assigned to the Office of the 147 Secretary of the Department of Transportation for administrative 148 and fiscal accountability purposes, but it shall otherwise 149 function independently of the control and direction of the 150 department. 151 (b) The commission shall: 152 1. Recommend major transportation policies for the 153 Governor’s approval and assure that approved policies and any 154 revisions are properly executed. 155 2. Periodically review the status of the state 156 transportation system, including highway, transit, rail, 157 seaport, intermodal development, and aviation components of the 158 system, and recommend improvements to the Governor and the 159 Legislature. 160 3. Perform an in-depth evaluation of the annual department 161 budget request, the Florida Transportation Plan, and the 162 tentative work program for compliance with all applicable laws 163 and established departmental policies. Except as specifically 164 provided in s. 339.135(4)(c)2., (d), and (f), the commission may 165 not consider individual construction projects but shall consider 166 methods of accomplishing the goals of the department in the most 167 effective, efficient, and businesslike manner. 168 4. Monitor the financial status of the department on a 169 regular basis to assure that the department is managing revenue 170 and bond proceeds responsibly and in accordance with law and 171 established policy. 172 5. Monitor on at least a quarterly basis the efficiency, 173 productivity, and management of the department using performance 174 10.B.2 Packet Pg. 276 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 7 of 34 CODING: Words stricken are deletions; words underlined are additions. and production standards developed by the commission pursuant to 175 s. 334.045. 176 6. Perform an in-depth evaluation of the factors causing 177 disruption of project schedules in the adopted work program and 178 recommend to the Governor and the Legislature methods to 179 eliminate or reduce the disruptive effects of these factors. 180 7. Recommend to the Governor and the Legislature 181 improvements to the department’s organization in order to 182 streamline and optimize the efficiency of the department. In 183 reviewing the department’s organization, the commission shall 184 determine if the current district organizational structure is 185 responsive to this state’s changing economic and demographic 186 development patterns. The report by the commission must be 187 delivered to the Governor and the Legislature by December 15 188 each year, as appropriate. The commission may retain experts as 189 necessary to carry out this subparagraph, and the department 190 shall pay the expenses of the experts. 191 8. Monitor the efficiency, productivity, and management of 192 the agencies and authorities created under chapters 348 and 349; 193 the Mid-Bay Bridge Authority re-created pursuant to chapter 194 2000-411, Laws of Florida; and any authority formed under 195 chapter 343. The commission shall also conduct periodic reviews 196 of each agency’s and authority’s operations and budget, 197 acquisition of property, management of revenue and bond 198 proceeds, and compliance with applicable laws and generally 199 accepted accounting principles. 200 (c) The commission or a member thereof may not enter into 201 the day-to-day operation of the department or a monitored 202 authority and is specifically prohibited from taking part in: 203 10.B.2 Packet Pg. 277 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 8 of 34 CODING: Words stricken are deletions; words underlined are additions. 1. The awarding of contracts. 204 2. The selection of a consultant or contractor or the 205 prequalification of any individual consultant or contractor. 206 However, the commission may recommend to the secretary standards 207 and policies governing the procedure for selection and 208 prequalification of consultants and contractors. 209 3. The selection of a route for a specific project. 210 4. The specific location of a transportation facility. 211 5. The acquisition of rights-of-way. 212 6. The employment, promotion, demotion, suspension, 213 transfer, or discharge of any department personnel. 214 7. The granting, denial, suspension, or revocation of any 215 license or permit issued by the department. 216 (d)1. The chair of the commission shall be selected by the 217 commission members and shall serve a 1-year term. 218 2. The commission shall hold a minimum of 4 regular 219 meetings annually, and other meetings may be called by the chair 220 upon giving at least 1 week’s notice to all members and the 221 public pursuant to chapter 120. Other meetings may also be held 222 upon the written request of at least four other members of the 223 commission, with at least 1 week’s notice of such meeting being 224 given to all members and the public by the chair pursuant to 225 chapter 120. Emergency meetings may be held without notice upon 226 the request of all members of the commission. At each meeting of 227 the commission, the secretary or his or her designee shall 228 submit a report of major actions taken by him or her as the 229 official representative of the department. 230 3. A majority of the membership of the commission 231 constitutes a quorum at any meeting of the commission. An action 232 10.B.2 Packet Pg. 278 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 9 of 34 CODING: Words stricken are deletions; words underlined are additions. of the commission is not binding unless the action is taken 233 pursuant to an affirmative vote of a majority of the members 234 present, but not fewer than four members of the commission at a 235 meeting held pursuant to subparagraph 2., and the vote is 236 recorded in the minutes of that meeting. 237 4. The chair shall cause to be made a complete record of 238 the proceedings of the commission, which record shall be open 239 for public inspection. 240 (e) The meetings of the commission shall be held in the 241 central office of the department in Tallahassee unless the chair 242 determines that special circumstances warrant meeting at another 243 location. 244 (f) Members of the commission are entitled to per diem and 245 travel expenses pursuant to s. 112.061. 246 (g) A member of the commission may not have any interest, 247 direct or indirect, in any contract, franchise, privilege, or 248 other benefit granted or awarded by the department during the 249 term of his or her appointment and for 2 years after the 250 termination of such appointment. 251 (h) The commission shall appoint an executive director and 252 assistant executive director, who shall serve under the 253 direction, supervision, and control of the commission. The 254 executive director, with the consent of the commission, shall 255 employ such staff as are necessary to perform adequately the 256 functions of the commission, within budgetary limitations. All 257 employees of the commission are exempt from part II of chapter 258 110 and shall serve at the pleasure of the commission. The 259 salaries and benefits of all employees of the commission shall 260 be set in accordance with the Selected Exempt Service; provided, 261 10.B.2 Packet Pg. 279 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 10 of 34 CODING: Words stricken are deletions; words underlined are additions. however, that the commission shall have complete authority for 262 fixing the salary of the executive director and assistant 263 executive director. 264 (i) The commission shall develop a budget pursuant to 265 chapter 216. The budget is not subject to change by the 266 department, but such budget shall be submitted to the Governor 267 along with the budget of the department. 268 (2)(3)(a) The central office shall establish departmental 269 policies, rules, procedures, and standards and shall monitor the 270 implementation of such policies, rules, procedures, and 271 standards in order to ensure uniform compliance and quality 272 performance by the districts and central office units that 273 implement transportation programs. Major transportation policy 274 initiatives or revisions shall be submitted to the commission 275 for review. 276 Section 2. Section 334.045, Florida Statutes, is repealed. 277 Section 3. Subsection (1) of section 334.048, Florida 278 Statutes, is amended to read: 279 334.048 Legislative intent with respect to department 280 management accountability and monitoring systems.—The department 281 shall implement the following accountability and monitoring 282 systems to evaluate whether the department’s goals are being 283 accomplished efficiently and cost-effectively, and ensure 284 compliance with all laws, rules, policies, and procedures 285 related to the department’s operations: 286 (1) The Transportation Commission shall monitor those 287 aspects of the department’s operations as assigned in s. 20.23. 288 289 Such systems are herein established to quickly identify and 290 10.B.2 Packet Pg. 280 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 11 of 34 CODING: Words stricken are deletions; words underlined are additions. resolve problems, to hold responsible parties accountable, and 291 to ensure that all costs to the taxpayer are recovered. 292 Section 4. Subsection (3) of section 334.065, Florida 293 Statutes, is amended to read: 294 334.065 Center for Urban Transportation Research.— 295 (3) An advisory board shall be created to periodically and 296 objectively review and advise the center concerning its research 297 program. Except for projects mandated by law, state-funded base 298 projects shall not be undertaken without approval of the 299 advisory board. The membership of the board shall consist of 300 nine experts in transportation-related areas, as follows: 301 (a) A member appointed by the President of the Senate. 302 (b) A member appointed by the Speaker of the House of 303 Representatives. 304 (c) The Secretary of Transportation or his or her designee. 305 (d) The Secretary of Commerce or his or her designee. 306 including the secretaries of the Department of Transportation, 307 the Department of Environmental Protection, and the Department 308 of Economic Opportunity, or their designees, and a member of the 309 Florida Transportation Commission. The nomination of the 310 remaining 311 (e) Five members commended of the board shall be made to 312 the President of the University of South Florida by the College 313 of Engineering at the University of South Florida., and The 314 appointment of these members must be reviewed, and approved, by 315 the Florida Transportation Commission and confirmed by the Board 316 of Governors. 317 Section 5. Paragraphs (d), (e), and (f) of subsection (3) 318 of section 334.066, Florida Statutes, are amended to read: 319 10.B.2 Packet Pg. 281 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 12 of 34 CODING: Words stricken are deletions; words underlined are additions. 334.066 Implementing Solutions from Transportation Research 320 and Evaluating Emerging Technologies Living Lab.— 321 (3) An advisory board shall be created to periodically 322 review and advise I-STREET concerning its research program. The 323 board shall consist of nine members with expertise in 324 transportation-related areas, as follows: 325 (d) The Secretary of Commerce Economic Opportunity or his 326 or her designee. 327 (e) A member of the Florida Transportation Commission. 328 (f) Five Four members nominated by the University of 329 Florida’s College of Engineering and approved by the 330 university’s president. The College of Engineering’s nominees 331 may include representatives of the University of Florida, other 332 academic and research institutions, or private entities. 333 Section 6. Paragraph (a) of subsection (2) and paragraphs 334 (c), (d), (f), (g), and (h) of subsection (4) of section 335 339.135, Florida Statutes, are amended to read: 336 339.135 Work program; legislative budget request; 337 definitions; preparation, adoption, execution, and amendment.— 338 (2) SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST 339 FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.— 340 (a) The department shall file the legislative budget 341 request in the manner required by chapter 216, setting forth the 342 department’s proposed revenues and expenditures for operational 343 and fixed capital outlay needs to accomplish the objectives of 344 the department in the ensuing fiscal year. The right-of-way, 345 construction, preliminary engineering, maintenance, and all 346 grants and aids programs of the department shall be set forth 347 only in program totals. The legislative budget request must 348 10.B.2 Packet Pg. 282 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 13 of 34 CODING: Words stricken are deletions; words underlined are additions. include a balanced 36-month forecast of cash and expenditures 349 and a 5-year finance plan. The legislative budget request shall 350 be amended to conform to the tentative work program. Before 351 Prior to the public hearing and evaluation submission of the 352 tentative work program pursuant to paragraph (4)(d) (4)(f), the 353 department may amend its legislative budget request and the 354 tentative work program for the most recent estimating conference 355 estimate of revenues and the most recent federal aid 356 apportionments. 357 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.— 358 (c)1. For purposes of this section, the board of county 359 commissioners shall serve as the metropolitan planning 360 organization in those counties which are not located in a 361 metropolitan planning organization and shall be involved in the 362 development of the district work program to the same extent as a 363 metropolitan planning organization. 364 2. The district work program shall be developed 365 cooperatively from the outset with the various metropolitan 366 planning organizations of the state and include, to the maximum 367 extent feasible, the project priorities of metropolitan planning 368 organizations which have been submitted to the district by 369 August 1 of each year pursuant to s. 339.175(8)(b); however, the 370 department and a metropolitan planning organization may, in 371 writing, cooperatively agree to vary this submittal date. To 372 assist the metropolitan planning organizations in developing 373 their lists of project priorities, the district shall disclose 374 to each metropolitan planning organization any anticipated 375 changes in the allocation or programming of state and federal 376 funds which may affect the inclusion of metropolitan planning 377 10.B.2 Packet Pg. 283 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 14 of 34 CODING: Words stricken are deletions; words underlined are additions. organization project priorities in the district work program. 378 3. Before submittal of the district work program to the 379 central office, the district shall provide the affected 380 metropolitan planning organization with written justification 381 for any project proposed to be rescheduled or deleted from the 382 district work program which project is part of the metropolitan 383 planning organization’s transportation improvement program and 384 is contained in the last 4 years of the previous adopted work 385 program. By no later than 14 days after submittal of the 386 district work program to the central office, the affected 387 metropolitan planning organization may file an objection to such 388 rescheduling or deletion. When an objection is filed with the 389 secretary, the rescheduling or deletion may not be included in 390 the district work program unless the inclusion of such 391 rescheduling or deletion is specifically approved by the 392 secretary. The Florida Transportation Commission shall include 393 such objections in its evaluation of the tentative work program 394 only when the secretary has approved the rescheduling or 395 deletion. 396 (d) Before Prior to the submission of the district work 397 program to the central office, each district office shall hold a 398 public hearing in at least one urbanized area in the district 399 and shall make a presentation at a meeting of each metropolitan 400 planning organization in the district to determine the necessity 401 of making any changes to projects included or to be included in 402 the district work program and to hear requests for new projects 403 to be added to, or existing projects to be deleted from, the 404 district work program. However, the district and metropolitan 405 planning organization shall minimize changes to, deletions from, 406 10.B.2 Packet Pg. 284 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 15 of 34 CODING: Words stricken are deletions; words underlined are additions. or adjustments to projects or project phases contained in the 4 407 common years of the previous adopted work program and the 408 district work program. The district shall provide the 409 metropolitan planning organization with a written explanation 410 for any project which is contained in the metropolitan planning 411 organization’s transportation improvement program and which is 412 not included in the district work program. The metropolitan 413 planning organization may request in writing to the appropriate 414 district secretary further consideration of any specific project 415 not included or not adequately addressed in the district work 416 program. The district secretary shall acknowledge and review all 417 such requests before prior to the submission of the district 418 work program to the central office and shall forward a copy of 419 such requests to the secretary and the Florida Transportation 420 Commission. The commission shall include such requests in its 421 evaluation of the tentative work program. 422 (f) The central office shall submit a preliminary copy of 423 the tentative work program to the Executive Office of the 424 Governor, the legislative appropriations committees, the Florida 425 Transportation Commission, and the Department of Economic 426 Opportunity at least 14 days prior to the convening of the 427 regular legislative session. Prior to the statewide public 428 hearing required by paragraph (g), the Department of Economic 429 Opportunity shall transmit to the Florida Transportation 430 Commission a list of those projects and project phases contained 431 in the tentative work program which are identified as being 432 inconsistent with approved local government comprehensive plans. 433 For urbanized areas of metropolitan planning organizations, the 434 list may not contain any project or project phase that is 435 10.B.2 Packet Pg. 285 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 16 of 34 CODING: Words stricken are deletions; words underlined are additions. scheduled in a transportation improvement program unless such 436 inconsistency has been previously reported to the affected 437 metropolitan planning organization. 438 (g)1. The department Florida Transportation Commission 439 shall conduct a statewide public hearing on the tentative work 440 program and shall advertise the time, place, and purpose of the 441 hearing in the Florida Administrative Register at least 7 days 442 before prior to the hearing. As part of the statewide public 443 hearing, the department commission shall, at a minimum, do both 444 of the following: 445 1.a. Conduct an in-depth evaluation of the tentative work 446 program for compliance with applicable laws and departmental 447 policies.; and 448 2.b. Hear all questions, suggestions, or other comments 449 offered by the public. 450 (g)2. By No later than 14 days before after the regular 451 legislative session begins, the department commission shall 452 submit the tentative work program to the Executive Office of the 453 Governor and the legislative appropriations committees, along 454 with a report that evaluates the tentative work program for all 455 of the following: 456 1.a. Financial soundness.; 457 2.b. Stability.; 458 3.c. Production capacity.; 459 4.d. Accomplishments, including compliance with program 460 objectives in s. 334.046.; 461 5.e. Compliance with approved local government 462 comprehensive plans.; 463 6.f. Objections and requests by metropolitan planning 464 10.B.2 Packet Pg. 286 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 17 of 34 CODING: Words stricken are deletions; words underlined are additions. organizations.; 465 7.g. Policy changes and effects thereof.; 466 8.h. Identification of statewide or regional projects.; and 467 9.i. Compliance with all other applicable laws. 468 (h) Following evaluation by the Florida Transportation 469 Commission, the department shall submit the tentative work 470 program to the Executive Office of the Governor and the 471 legislative appropriations committees no later than 14 days 472 after the regular legislative session begins. 473 Section 7. Present subsection (10) of section 339.175, 474 Florida Statutes, is redesignated as subsection (11), subsection 475 (1), paragraph (a) of subsection (2), paragraphs (b), (i), and 476 (j) of subsection (6), subsection (7), and present subsection 477 (11) are amended, and a new subsection (10) is added to that 478 section, to read: 479 339.175 Metropolitan planning organization.— 480 (1) INTENT PURPOSE.—It is the intent of the Legislature to 481 encourage and promote the safe and efficient management, 482 operation, and development of multimodal surface transportation 483 systems that will serve the mobility needs of people and freight 484 and foster economic growth and development within and through 485 urbanized areas of this state while balancing conservation of 486 natural resources minimizing transportation-related fuel 487 consumption, air pollution, and greenhouse gas emissions through 488 metropolitan transportation planning processes identified in 489 this section. To accomplish these objectives, metropolitan 490 planning organizations, referred to in this section as M.P.O.’s, 491 shall develop, in cooperation with the state and public transit 492 operators, transportation plans and programs for metropolitan 493 10.B.2 Packet Pg. 287 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 18 of 34 CODING: Words stricken are deletions; words underlined are additions. areas. The plans and programs for each metropolitan area must 494 provide for the development and integrated management and 495 operation of transportation systems and facilities, including 496 pedestrian walkways and bicycle transportation facilities that 497 will function as an intermodal transportation system for the 498 metropolitan area, based upon the prevailing principles provided 499 in s. 334.046(1). The process for developing such plans and 500 programs shall provide for consideration of all modes of 501 transportation and shall be continuing, cooperative, and 502 comprehensive, to the degree appropriate, based on the 503 complexity of the transportation problems to be addressed. To 504 ensure that the process is integrated with the statewide 505 planning process, M.P.O.’s shall develop plans and programs that 506 identify transportation facilities that should function as an 507 integrated metropolitan transportation system, giving emphasis 508 to facilities that serve important national, state, and regional 509 transportation functions. For the purposes of this section, 510 those facilities include the facilities on the Strategic 511 Intermodal System designated under s. 339.63 and facilities for 512 which projects have been identified pursuant to s. 339.2819(4). 513 (2) DESIGNATION.— 514 (a)1. An M.P.O. shall be designated for each urbanized area 515 of the state; however, this does not require that an individual 516 M.P.O. be designated for each such area. Such designation shall 517 be accomplished by agreement between the Governor and units of 518 general-purpose local government representing at least 75 519 percent of the population of the urbanized area; however, the 520 unit of general-purpose local government that represents the 521 central city or cities within the M.P.O. jurisdiction, as 522 10.B.2 Packet Pg. 288 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 19 of 34 CODING: Words stricken are deletions; words underlined are additions. defined by the United States Bureau of the Census, must be a 523 party to such agreement. 524 2. To the extent possible, only one M.P.O. shall be 525 designated for each urbanized area or group of contiguous 526 urbanized areas. More than one M.P.O. may be designated within 527 an existing urbanized area only if the Governor and the existing 528 M.P.O. determine that the size and complexity of the existing 529 urbanized area makes the designation of more than one M.P.O. for 530 the area appropriate. After July 1, 2024, no additional M.P.O.’s 531 shall be designated in this state except in urbanized areas, as 532 defined by the United States Bureau of the Census, where the 533 urbanized area boundary is not contiguous to an urbanized area 534 designated before the 2020 census, in which case each M.P.O. 535 designated for the area must: 536 a. Consult with every other M.P.O. designated for the 537 urbanized area and the state to coordinate plans and 538 transportation improvement programs. 539 b. Ensure, to the maximum extent practicable, the 540 consistency of data used in the planning process, including data 541 used in forecasting travel demand within the urbanized area. 542 543 Each M.P.O. required under this section must be fully operative 544 no later than 6 months following its designation. 545 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers, 546 privileges, and authority of an M.P.O. are those specified in 547 this section or incorporated in an interlocal agreement 548 authorized under s. 163.01. Each M.P.O. shall perform all acts 549 required by federal or state laws or rules, now and subsequently 550 applicable, which are necessary to qualify for federal aid. It 551 10.B.2 Packet Pg. 289 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 20 of 34 CODING: Words stricken are deletions; words underlined are additions. is the intent of this section that each M.P.O. be involved in 552 the planning and programming of transportation facilities, 553 including, but not limited to, airports, intercity and high-554 speed rail lines, seaports, and intermodal facilities, to the 555 extent permitted by state or federal law. An M.P.O. may not 556 perform project production or delivery for capital improvement 557 projects on the State Highway System. 558 (b) In developing the long-range transportation plan and 559 the transportation improvement program required under paragraph 560 (a), each M.P.O. shall provide for consideration of projects and 561 strategies that will: 562 1. Support the economic vitality of the contiguous 563 urbanized metropolitan area, especially by enabling global 564 competitiveness, productivity, and efficiency. 565 2. Increase the safety and security of the transportation 566 system for motorized and nonmotorized users. 567 3. Increase the accessibility and mobility options 568 available to people and for freight. 569 4. Protect and enhance the environment, conserve natural 570 resources promote energy conservation, and improve quality of 571 life. 572 5. Enhance the integration and connectivity of the 573 transportation system, across and between modes and contiguous 574 urbanized metropolitan areas, for people and freight. 575 6. Promote efficient system management and operation. 576 7. Emphasize the preservation of the existing 577 transportation system. 578 8. Improve the resilience of transportation infrastructure. 579 9. Reduce traffic and congestion. 580 10.B.2 Packet Pg. 290 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 21 of 34 CODING: Words stricken are deletions; words underlined are additions. (i) By February 28, 2025 December 31, 2023, the M.P.O.’s 581 serving Lee and Collier Hillsborough, Pasco, and Pinellas 582 Counties must submit a feasibility report to the Governor, the 583 President of the Senate, and the Speaker of the House of 584 Representatives exploring the benefits, costs, and process of 585 consolidation into a single M.P.O. serving the contiguous 586 urbanized area, the goal of which would be to: 587 1. Coordinate transportation projects deemed to be 588 regionally significant. 589 2. Review the impact of regionally significant land use 590 decisions on the region. 591 3. Review all proposed regionally significant 592 transportation projects in the transportation improvement 593 programs. 594 (j)1. To more fully accomplish the purposes for which 595 M.P.O.’s have been mandated, the department shall, at least 596 annually, convene M.P.O.’s of similar size, based on the size of 597 population served, for the purpose of exchanging best practices. 598 M.P.O.’s may shall develop committees or working groups as 599 needed to accomplish such purpose. At the discretion of the 600 department, training for new M.P.O. governing board members 601 shall be provided by the department, by an entity pursuant to a 602 contract with the department, by the Florida Center for Urban 603 Transportation Research, or by the Implementing Solutions from 604 Transportation Research and Evaluating Emerging Technologies (I-605 STREET) Living Lab coordination mechanisms with one another to 606 expand and improve transportation within the state. The 607 appropriate method of coordination between M.P.O.’s shall vary 608 depending upon the project involved and given local and regional 609 10.B.2 Packet Pg. 291 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 22 of 34 CODING: Words stricken are deletions; words underlined are additions. needs. Consequently, it is appropriate to set forth a flexible 610 methodology that can be used by M.P.O.’s to coordinate with 611 other M.P.O.’s and appropriate political subdivisions as 612 circumstances demand. 613 2. Any M.P.O. may join with any other M.P.O. or any 614 individual political subdivision to coordinate activities or to 615 achieve any federal or state transportation planning or 616 development goals or purposes consistent with federal or state 617 law. When an M.P.O. determines that it is appropriate to join 618 with another M.P.O. or any political subdivision to coordinate 619 activities, the M.P.O. or political subdivision shall enter into 620 an interlocal agreement pursuant to s. 163.01, which, at a 621 minimum, creates a separate legal or administrative entity to 622 coordinate the transportation planning or development activities 623 required to achieve the goal or purpose; provides the purpose 624 for which the entity is created; provides the duration of the 625 agreement and the entity and specifies how the agreement may be 626 terminated, modified, or rescinded; describes the precise 627 organization of the entity, including who has voting rights on 628 the governing board, whether alternative voting members are 629 provided for, how voting members are appointed, and what the 630 relative voting strength is for each constituent M.P.O. or 631 political subdivision; provides the manner in which the parties 632 to the agreement will provide for the financial support of the 633 entity and payment of costs and expenses of the entity; provides 634 the manner in which funds may be paid to and disbursed from the 635 entity; and provides how members of the entity will resolve 636 disagreements regarding interpretation of the interlocal 637 agreement or disputes relating to the operation of the entity. 638 10.B.2 Packet Pg. 292 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 23 of 34 CODING: Words stricken are deletions; words underlined are additions. Such interlocal agreement shall become effective upon its 639 recordation in the official public records of each county in 640 which a member of the entity created by the interlocal agreement 641 has a voting member. Multiple M.P.O.’s may merge, combine, or 642 otherwise join together as a single M.P.O. 643 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must 644 develop a long-range transportation plan that addresses at least 645 a 20-year planning horizon. The plan must include both long-646 range and short-range strategies and must comply with all other 647 state and federal requirements. The prevailing principles to be 648 considered in the long-range transportation plan are: preserving 649 the existing transportation infrastructure; enhancing Florida’s 650 economic competitiveness; and improving travel choices to ensure 651 mobility. The long-range transportation plan must be consistent, 652 to the maximum extent feasible, with future land use elements 653 and the goals, objectives, and policies of the approved local 654 government comprehensive plans of the units of local government 655 located within the jurisdiction of the M.P.O. Each M.P.O. is 656 encouraged to consider strategies that integrate transportation 657 and land use planning to provide for sustainable development and 658 reduce greenhouse gas emissions. The approved long-range 659 transportation plan must be considered by local governments in 660 the development of the transportation elements in local 661 government comprehensive plans and any amendments thereto. The 662 long-range transportation plan must, at a minimum: 663 (a) Identify transportation facilities, including, but not 664 limited to, major roadways, airports, seaports, spaceports, 665 commuter rail systems, transit systems, and intermodal or 666 multimodal terminals that will function as an integrated 667 10.B.2 Packet Pg. 293 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 24 of 34 CODING: Words stricken are deletions; words underlined are additions. metropolitan transportation system. The long-range 668 transportation plan must give emphasis to those transportation 669 facilities that serve national, statewide, or regional 670 functions, and must consider the goals and objectives identified 671 in the Florida Transportation Plan as provided in s. 339.155. If 672 a project is located within the boundaries of more than one 673 M.P.O., the M.P.O.’s must coordinate plans regarding the project 674 in the long-range transportation plan. Multiple M.P.O.’s within 675 a contiguous urbanized area must coordinate the development of 676 long-range transportation plans to be reviewed by the 677 Metropolitan Planning Organization Advisory Council. 678 (b) Include a financial plan that demonstrates how the plan 679 can be implemented, indicating resources from public and private 680 sources which are reasonably expected to be available to carry 681 out the plan, and recommends any additional financing strategies 682 for needed projects and programs. The financial plan may 683 include, for illustrative purposes, additional projects that 684 would be included in the adopted long-range transportation plan 685 if reasonable additional resources beyond those identified in 686 the financial plan were available. For the purpose of developing 687 the long-range transportation plan, the M.P.O. and the 688 department shall cooperatively develop estimates of funds that 689 will be available to support the plan implementation. Innovative 690 financing techniques may be used to fund needed projects and 691 programs. Such techniques may include the assessment of tolls, 692 public-private partnerships, the use of value capture financing, 693 or the use of value pricing. Multiple M.P.O.’s within a 694 contiguous urbanized area must ensure, to the maximum extent 695 possible, the consistency of data used in the planning process. 696 10.B.2 Packet Pg. 294 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 25 of 34 CODING: Words stricken are deletions; words underlined are additions. (c) Assess capital investment and other measures necessary 697 to: 698 1. Ensure the preservation of the existing metropolitan 699 transportation system including requirements for the operation, 700 resurfacing, restoration, and rehabilitation of major roadways 701 and requirements for the operation, maintenance, modernization, 702 and rehabilitation of public transportation facilities; and 703 2. Make the most efficient use of existing transportation 704 facilities to relieve vehicular congestion, improve safety, and 705 maximize the mobility of people and goods. Such efforts must 706 include, but are not limited to, consideration of infrastructure 707 and technological improvements necessary to accommodate advances 708 in vehicle technology, such as automated driving systems and 709 other developments. 710 (d) Indicate, as appropriate, proposed transportation 711 enhancement activities, including, but not limited to, 712 pedestrian and bicycle facilities, trails or facilities that are 713 regionally significant or critical linkages for the Florida 714 Shared-Use Nonmotorized Trail Network, scenic easements, 715 landscaping, integration of advanced air mobility, and 716 integration of autonomous and electric vehicles, electric 717 bicycles, and motorized scooters used for freight, commuter, or 718 micromobility purposes historic preservation, mitigation of 719 water pollution due to highway runoff, and control of outdoor 720 advertising. 721 (e) In addition to the requirements of paragraphs (a)-(d), 722 in metropolitan areas that are classified as nonattainment areas 723 for ozone or carbon monoxide, the M.P.O. must coordinate the 724 development of the long-range transportation plan with the State 725 10.B.2 Packet Pg. 295 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 26 of 34 CODING: Words stricken are deletions; words underlined are additions. Implementation Plan developed pursuant to the requirements of 726 the federal Clean Air Act. 727 728 In the development of its long-range transportation plan, each 729 M.P.O. must provide the public, affected public agencies, 730 representatives of transportation agency employees, freight 731 shippers, providers of freight transportation services, private 732 providers of transportation, representatives of users of public 733 transit, and other interested parties with a reasonable 734 opportunity to comment on the long-range transportation plan. 735 The long-range transportation plan must be approved by the 736 M.P.O. and by the department as provided in subsection (10). 737 (10) ACCOUNTABILITY.— 738 (a) The department shall review each M.P.O.’s long-range 739 transportation plan for productive flow and connectivity for 740 people and freight within the M.P.O.’s metropolitan area. If the 741 department finds an M.P.O.’s long-range transportation plan to 742 be unsatisfactory or incongruent with the metropolitan area, the 743 department shall return the plan to the M.P.O. for revision. 744 (b) The department shall create quality performance metrics 745 and a scoring mechanism by which to evaluate each M.P.O.’s 746 service to its communities, taking into consideration traffic 747 congestion, the utilization rate of multimodal transportation 748 facilities, resident satisfaction, efficiency of the 749 transportation system for people and freight, and other factors 750 the department deems necessary. The department shall establish a 751 minimum acceptable quality performance score. 752 (c) Beginning in 2025, and each year thereafter, each 753 M.P.O. shall report its score for each quality performance 754 10.B.2 Packet Pg. 296 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 27 of 34 CODING: Words stricken are deletions; words underlined are additions. metric by December 1 to the district secretary and shall publish 755 the score and supporting data on its website. The department 756 must validate each M.P.O.’s score calculation and make 757 adjustments thereto if necessary. 758 (d) Beginning in December 2026, and every 3 years 759 thereafter, an M.P.O. that does not achieve the minimum 760 acceptable quality performance score shall be placed under the 761 control of the Secretary of Transportation. The Secretary of 762 Transportation shall appoint the district secretary or another 763 person to assume the role of executive director of the M.P.O. 764 and chair of its governing board for a period not to exceed 1 765 year, during which time the district secretary or other person 766 shall make recommendations to the governing board regarding: 767 1. Any leadership, process, and management changes needed 768 to improve the M.P.O.’s quality performance score. 769 2. Whether the metropolitan area of the M.P.O. would be 770 better served by consolidation of the M.P.O. with an M.P.O. in a 771 contiguous urbanized metropolitan area. 772 (e) Subject to appropriation by the Legislature, beginning 773 in 2026 and every 3 years thereafter, the single M.P.O. with the 774 highest quality performance score will receive $5 million from 775 the State Transportation Trust Fund. Such funds shall be 776 expended at the M.P.O.’s discretion for a project approved in 777 its work program list. Such M.P.O. shall also represent the 778 state in any federal M.P.O. conference or membership 779 organization. 780 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.— 781 (a) A Metropolitan Planning Organization Advisory Council 782 is created to augment, and not supplant, the role of the 783 10.B.2 Packet Pg. 297 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 28 of 34 CODING: Words stricken are deletions; words underlined are additions. individual M.P.O.’s in the cooperative transportation planning 784 process described in this section. 785 (b) The council shall consist of one representative from 786 each M.P.O. and shall elect a chairperson annually from its 787 number. Each M.P.O. shall also elect an alternate representative 788 from each M.P.O. to vote in the absence of the representative. 789 Members of the council do not receive any compensation for their 790 services, but may be reimbursed from funds made available to 791 council members for travel and per diem expenses incurred in the 792 performance of their council duties as provided in s. 112.061. 793 (c) The powers and duties of the Metropolitan Planning 794 Organization Advisory Council are to: 795 1. Establish bylaws by action of its governing board 796 providing procedural rules to guide its proceedings and 797 consideration of matters before the council, or, alternatively, 798 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement 799 provisions of law conferring powers or duties upon it. 800 2. Assist M.P.O.’s in carrying out the urbanized area 801 transportation planning process by serving as the principal 802 forum for collective policy discussion pursuant to law. 803 3. Serve as a clearinghouse for review and comment by 804 M.P.O.’s on the Florida Transportation Plan and on other issues 805 required to comply with federal or state law in carrying out the 806 urbanized area transportation and systematic planning processes 807 instituted pursuant to s. 339.155. The council must also report 808 annually to the Florida Transportation Commission on the 809 alignment of M.P.O. long-range transportation plans with the 810 Florida Transportation Plan. 811 4. Employ an executive director and such other staff as 812 10.B.2 Packet Pg. 298 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 29 of 34 CODING: Words stricken are deletions; words underlined are additions. necessary to perform adequately the functions of the council, 813 within budgetary limitations. The executive director and staff 814 are exempt from part II of chapter 110 and serve at the 815 direction and control of the council. The council is assigned to 816 the Office of the Secretary of the Department of Transportation 817 for fiscal and accountability purposes, but it shall otherwise 818 function independently of the control and direction of the 819 department. 820 5. Deliver training on federal and state program 821 requirements and procedures to M.P.O. board members and M.P.O. 822 staff. 823 6. Adopt an agency strategic plan that prioritizes steps 824 the agency will take to carry out its mission within the context 825 of the state comprehensive plan and any other statutory mandates 826 and directives. 827 (d) The Metropolitan Planning Organization Advisory Council 828 may enter into contracts in accordance with chapter 287 to 829 support the activities described in paragraph (c). Lobbying and 830 the acceptance of funds, grants, assistance, gifts, or bequests 831 from private, local, state, or federal sources are prohibited. 832 Section 8. Paragraph (e) of subsection (2) of section 833 348.0306, Florida Statutes, is amended to read: 834 348.0306 Purposes and powers.— 835 (2) The agency may exercise all powers necessary, 836 appurtenant, convenient, or incidental to the carrying out of 837 its purposes, including, but not limited to, the following 838 rights and powers: 839 (e) To fix, alter, charge, establish, and collect tolls, 840 rates, fees, rentals, and other charges for the services and 841 10.B.2 Packet Pg. 299 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 30 of 34 CODING: Words stricken are deletions; words underlined are additions. facilities system, which tolls, rates, fees, rentals, and other 842 charges must always be sufficient to comply with any covenants 843 made with the holders of any bonds secured by the net revenues 844 of the expressway system, including any additions, extensions, 845 or improvements thereof. However, such right and power may be 846 assigned or delegated by the agency to the department. 847 1. Notwithstanding any other provision of law to the 848 contrary, the agency may not increase its toll rates until July 849 1, 2029, including any increase to the extent necessary to 850 adjust for inflation pursuant to the procedure for toll rate 851 adjustments provided in s. 338.165, except: 852 a. As may be necessary to comply with covenants in the 853 trust indentures or resolutions adopted in connection with the 854 agency’s bonds secured by the net revenues of the expressway 855 system; or 856 b. On or after July 1, 2024, as approved by a supermajority 857 vote of the governing body of the agency. 858 2. A toll rate increase must be approved by a two-thirds 859 vote of the members of the governing body of the agency. 860 3. The amount of toll revenues used for administrative 861 costs by the agency may not be greater than 10 percent above the 862 annual state average of administrative costs determined as 863 provided in this subparagraph. The department Florida 864 Transportation Commission shall determine the annual state 865 average of administrative costs based on the annual 866 administrative costs of all the expressway authorities in this 867 state. For purposes of this subparagraph, administrative costs 868 include, but are not limited to, employee salaries and benefits, 869 small business outreach, insurance, professional service 870 10.B.2 Packet Pg. 300 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 31 of 34 CODING: Words stricken are deletions; words underlined are additions. contracts not directly related to the operation and maintenance 871 of the expressway system, and other overhead costs. 872 4. There must be a distance of at least 5 miles between 873 main through-lane tolling points. The distance requirement of 874 this subparagraph does not apply to entry and exit ramps. 875 However, the agency may establish toll rates such that the toll 876 rate per mile is equal to the rates in effect on July 1, 2019. 877 Section 9. Paragraphs (j) and (m) of subsection (2) of 878 section 110.205, Florida Statutes, are amended to read: 879 110.205 Career service; exemptions.— 880 (2) EXEMPT POSITIONS.—The exempt positions that are not 881 covered by this part include the following: 882 (j) The appointed secretaries and the State Surgeon 883 General, assistant secretaries, deputy secretaries, and deputy 884 assistant secretaries of all departments; the executive 885 directors, assistant executive directors, deputy executive 886 directors, and deputy assistant executive directors of all 887 departments; the directors of all divisions and those positions 888 determined by the department to have managerial responsibilities 889 comparable to such positions, which positions include, but are 890 not limited to, program directors, assistant program directors, 891 district administrators, deputy district administrators, the 892 Director of Central Operations Services of the Department of 893 Children and Families, the State Transportation Development 894 Administrator, the State Public Transportation and Modal 895 Administrator, district secretaries, district directors of 896 transportation development, transportation operations, 897 transportation support, and the managers of the offices of the 898 Department of Transportation specified in s. 20.23(2)(b) s. 899 10.B.2 Packet Pg. 301 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 32 of 34 CODING: Words stricken are deletions; words underlined are additions. 20.23(3)(b). Unless otherwise fixed by law, the department shall 900 set the salary and benefits of these positions and the positions 901 of county health department directors and county health 902 department administrators of the Department of Health in 903 accordance with the rules of the Senior Management Service. 904 (m) All assistant division director, deputy division 905 director, and bureau chief positions in any department, and 906 those positions determined by the department to have managerial 907 responsibilities comparable to such positions, which include, 908 but are not limited to: 909 1. Positions in the Department of Health and the Department 910 of Children and Families which are assigned primary duties of 911 serving as the superintendent or assistant superintendent of an 912 institution. 913 2. Positions in the Department of Corrections which are 914 assigned primary duties of serving as the warden, assistant 915 warden, colonel, or major of an institution or that are assigned 916 primary duties of serving as the circuit administrator or deputy 917 circuit administrator. 918 3. Positions in the Department of Transportation which are 919 assigned primary duties of serving as regional toll managers and 920 managers of offices, as specified in s. 20.23(2)(b) and (3)(c) 921 s. 20.23(3)(b) and (4)(c). 922 4. Positions in the Department of Environmental Protection 923 which are assigned the duty of an Environmental Administrator or 924 program administrator. 925 5. Positions in the Department of Health which are assigned 926 the duties of Environmental Administrator, Assistant County 927 Health Department Director, and County Health Department 928 10.B.2 Packet Pg. 302 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 33 of 34 CODING: Words stricken are deletions; words underlined are additions. Financial Administrator. 929 6. Positions in the Department of Highway Safety and Motor 930 Vehicles which are assigned primary duties of serving as 931 captains in the Florida Highway Patrol. 932 933 Unless otherwise fixed by law, the department shall set the 934 salary and benefits of the positions listed in this paragraph in 935 accordance with the rules established for the Selected Exempt 936 Service. 937 Section 10. Subsection (14) of section 331.3051, Florida 938 Statutes, is amended to read: 939 331.3051 Duties of Space Florida.—Space Florida shall: 940 (14) Partner with the Metropolitan Planning Organization 941 Advisory Council to coordinate and specify how aerospace 942 planning and programming will be part of the state’s cooperative 943 transportation planning process. 944 Section 11. Paragraph (e) of subsection (2) of section 945 331.310, Florida Statutes, is amended to read: 946 331.310 Powers and duties of the board of directors.— 947 (2) The board of directors shall: 948 (e) Prepare an annual report of operations as a supplement 949 to the annual report required under s. 331.3051(15) s. 950 331.3051(16). The report must include, but not be limited to, a 951 balance sheet, an income statement, a statement of changes in 952 financial position, a reconciliation of changes in equity 953 accounts, a summary of significant accounting principles, the 954 auditor’s report, a summary of the status of existing and 955 proposed bonding projects, comments from management about the 956 year’s business, and prospects for the next year. 957 10.B.2 Packet Pg. 303 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Florida Senate - 2024 SB 1032 22-01098-24 20241032__ Page 34 of 34 CODING: Words stricken are deletions; words underlined are additions. Section 12. Subsection (2) of section 339.64, Florida 958 Statutes, is amended to read: 959 339.64 Strategic Intermodal System Plan.— 960 (2) In association with the continued development of the 961 Strategic Intermodal System Plan, the Florida Transportation 962 Commission, as part of its work program review process, shall 963 conduct an annual assessment of the progress that the department 964 and its transportation partners have made in realizing the goals 965 of economic development, improved mobility, and increased 966 intermodal connectivity of the Strategic Intermodal System. The 967 Florida Transportation Commission shall coordinate with the 968 department and other appropriate entities when developing this 969 assessment. The Florida Transportation Commission shall deliver 970 a report to the Governor and Legislature no later than 14 days 971 after the regular session begins, with recommendations as 972 necessary to fully implement the Strategic Intermodal System. 973 Section 13. By October 31, 2024, the Department of 974 Transportation shall submit to the Governor, the President of 975 the Senate, and the Speaker of the House of Representatives a 976 report that provides a comprehensive review of the boundaries of 977 each of the department’s districts and makes recommendations as 978 to whether any district’s boundaries should be redrawn as a 979 result of population growth and increased urban density. 980 Section 14. This act shall take effect July 1, 2024. 981 10.B.2 Packet Pg. 304 Attachment: SB-1032 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) MEMORANDUM TO: Mark Reichert, Executive Director FROM: Paul Gougelman, MPOAC General Counsel SUBJECT: HB-7049 (2024 Leg. Sess.) DATE: January 25, 2024 BACKGROUND: HB-7049 (2024 Leg.Sess.) proposes several major transportation-related law changes, including abolition of the Florida Metropolitan Planning Organization Advisory Council (“MPOAC”). This memorandum analyzes the changes affecting Metropolitan Planning Organizations (“MPO), also sometimes referred to as Transportation Planning Organizations (“TPO”) or Transportation Planning Agencies (“TPA”), and the MPOAC with a view toward two areas of concern, including: consistency with federal law and administrative regulations and regarding cost-efficient delivery of services to the public and MPOs. ISSUES: The issues presented are based on five sets of statutory changes set forth in HB- 7049 and are discussed below. 1) New Language on Page 7, Lines 156-161, amending Section 339.175(2)a.2.: After July 1, 2024, no additional M.P.O.’s shall be designated in this state except in urbanized areas, as defined by the United States Bureau of the Census, where the urbanized area boundary is not contiguous to an urbanized area designated before the 2020 census, This language appears inconsistent with 23 USC Section 134(d) and (d)(7), the federal statute that sets the criteria for creation of a n MPO. 23 USC Section 134(d) and (d) (7) set forth the criteria for the designation of an MPO as follows: §134 Metropolitan transportation planning . * * * (d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— (1) IN GENERAL.—To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— (A) by agreement between the Governor and units of general purpose local government that together 10.B.3 Packet Pg. 305 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 2 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or (B) in accordance with procedures established by applicable State or local law. * * * (7) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing urbanized area (as defined by the Bureau of the Census) only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the area make designation of more than 1 metropolitan planning organization for the area appropriate. 23 CFR §450.310(b) and (e) implement this statutory provision as follows: § 450.310 Metropolitan planning organization designation and redesignation. * * * (b) MPO designation shall be made by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city, based on population, as named by the Bureau of the Census) or in accordance with procedures established by applicable State or local law. * * * (e) To the extent possible, only one MPO shall be designated for each urbanized area or group of contiguous urbanized areas. More than one MPO may be designated to serve an urbanized area only if the Governor(s) and the existing MPO, if applicable, determine that the size and complexity of the urbanized area make designation of more than one MPO appropriate. In those cases where two or more MPOs serve the same urbanized area, the MPOs shall establish official, written agreements that clearly identify areas of coordination, and the division of transportation planning responsibilities among the MPOs. In essence, a new MPO “shall” be designated in an urbanized area with a population of 50,000 or more individuals. 23 USC §134(d); 23 CFR §450.310(b). Note the use of the 10.B.3 Packet Pg. 306 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 3 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM word “shall,”1 a term that is mandatory in nature. The proposed Florida statutory language provides further limits on when a new MPO may be designated if the designation occurs after July 1, 2024. Pursuant to the new language proposed in HB- 7049, a new MPO can only be designated in an urbanized area if the urbanized area is not contiguous to an urbanized area existing prior to 2020. 23 USC Section 134(d) provides that an MPO may be designated in an urbanized area with a population of more than 50,000 individuals by either: (1) agreement between the governor and at least 75 percent of the affected population (including the largest incorporated city (based on population); or (2) state or local procedures. However, this language relates to the process or “procedure” by which a new MPO is designated. Consequently, the statutory criteria provided by HB-7049 to create a new MPO constricts the federally mandated procedure. HB-7049 simply prohibits new MPOs from being created when the MPO to be created is located in an urbanized area with an existing MPO or in a contiguous urbanized area. The HB-7049 language is also inconsistent with 23 CFR Section 450.310(e), which permits new MPOs to be designated in an existing urbanized area , or a contiguous urbanized area, where an MPO already exists in the contiguous urbanized area. 23 CFR Section 450.310(e) provides that in an existing urbanized area, or in a contiguous urbanized area, a new MPO may be designated or created in the urbanized area, if the Governor and the existing MPO in the contiguous urbanized area determine that the size and complexity make the designation of the additional MPO appropriate. 23 USC §134(d)(7). The language proposed by HB-7049 limits the location of new MPOs created after July 1, 2024, and the language is more limiting than the federally set standard criteria in the federal statute and federal administrative rule. The new language in HB-7049 is inconsistent with federal statute and administrative regulation. Consequently, it is trumped by Article VI, Paragraph 2 to the U.S. Constitution, which is known as the Supremacy Clause.2 This clause provides that federal law and regulations supersede state law on the same subject. 2) New Language on Page 9, Lines 207-225, amending Section 339.175(6)(j): 1 The use of the word “shall” is generally interpreted to be mandatory or a requirement. Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Leach, 523 U.S. 26, 118 S.Ct. 956 (1998); In re King, 463 B.R. 555 (Bankr. S.D. Fla. 2011); City of St. Petersburg v. Remia, 41 So.3d 322 (Fla. 2d DCA 2010); Shands Teaching Hospital and Clincs, Inc. v. Sidky, 936 So.2d 715 (Fla. 4th DCA 2006). 2 When application of state law would interfere with the operation of a valid federal statute, modern courts are more likely to conclude that the state law is preempted. Ever since Hines v. Davidowitz, 312 U.S. 52, 61 S.Ct. 399 (1941), the Supreme Court has sometimes articulated a broad version of this idea. The majority opinion in Hines arguably suggested that state law is preempted whenever its application “stands as an obstacle to the accomplishment and execution of the full purposes and objectives” behind a valid federal statute, and later cases have repeated this formulation. 10.B.3 Packet Pg. 307 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 4 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM (j)1. To more fully accomplish the purposes for which M.P.O.’s have been mandated, the department shall, at least annually, convene M.P.O.’s of similar size, based on the size of population served, for the purpose of exchanging best practices. M.P.O.’s may shall develop committees or working groups as needed to accomplish such purpose. At the discretion of the department, training for new M.P.O. governing board members shall be provided by the department, by an entity pursuant to a contract with the department, by the Florida Center for Urban Transportation Research, or by the Implementing Solutions from Transportation Research and Evaluating Emerging Technologies (I- STREET) Living Lab While this language sounds good, the proposed amendment does not provide a concrete improvement in MPO operations or training. For example, language currently existing in Section 339.175(6)(h), Florida Statutes, provides that each MPO shall provide for training opportunities for local officials serving on an MPO : (h) In order to enhance their knowledge, effectiveness, and participation in the urbanized area transportation planning process, each M.P.O. shall provide training opportunities and training funds specifically for local elected officials and others who serve on an M.P.O. The training opportunities may be conducted by an individual M.P.O. or through statewide and federal training programs and initiatives that are specifically designed to meet the needs of M.P.O. board members. The foregoing provision needs to be read together with Section 339.175 (11)(c)5., Florida Statutes, which requires the MPOAC to: (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.— * * * (c) The powers and duties of the Metropolitan Planning Organization Advisory Council are to: * * * 5. Deliver training on federal and state program requirements and procedures to M.P.O. board members and M.P.O. staff. The training tasks called for by HB-7049 are already being conducted by the MPOAC. Thus, HB-7049 sounds like it is adding something positive, but it merely takes the task away from the MPOAC which is already performing it. Training sessions cover a full day and are held twice per year. Reviews conducted by elected officials who attend these training sessions 10.B.3 Packet Pg. 308 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 5 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM have all been uniformly highly favorable. Why reinvent the wheel when the wheel is already working well. The new language in HB-7049 also removes networking opportunities for MPOs to improve their operations through quarterly MPOAC conferences and meetings and switches the networking orchestration to FDOT. However, the new language only provides for MPOs of similar size, based on population served, to network with each other, thereby neglecting an opportunity for all MPOs to network together at one time. If a system is working at the MPOAC, which it is, why abolish it and switch the responsibilities to another agency, namely FDOT? Elimination of the MPOAC and the networking/training opportunities that it provides will result in regression of transportation planning in Florida and abandons programs that have been designed and revised over a 30 + year time frame. This amendment abandons a cost-efficient delivery of service provided by the MPOAC. 3) Strike Language on Page 13, Lines 301-304, amending Section 339.175(7)(a): Multiple M.P.O.’s within a contiguous urbanized area must coordinate the development of long-range transportation plans to be reviewed by the Metropolitan Planning Organization Advisory Council. Striking this language appears inconsistent with federal law. For example, 23 USC §134(g)(1) and (4) provides: §134 Metropolitan transportation planning . * * * (g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— (1) NONATTAINMENT AREAS.—If more than 1 metropolitan planning organization has authority within an urbanized area (as defined by the Bureau of the Census) or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. * * * (4) COORDINATION BETWEEN MPOS.—If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data 10.B.3 Packet Pg. 309 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 6 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM used in the planning process, including information used in forecasting travel demand. (emphasis supplied). Reference to the “coordination of plans” would include several types of plans, including the long-range transportation plan. § 450.314 Metropolitan planning agreements. * * * (h)(1) The MPO(s), State(s), and the providers of public transportation shall jointly agree upon and develop specific written provisions for cooperatively developing and sharing information related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO (see §450.306(d)), and the collection of data for the State asset management plan for the NHS for each of the following circumstances: (i) When one MPO serves an urbanized area; (ii) When more than one MPO serves an urbanized area; and (iii) When an urbanized area that has been designated as a TMA overlaps into an adjacent MPA serving an urbanized area that is not a TMA. (emphasis supplied). Deletion of this language will undercut a current requirement of Florida law which is of importance. There are a number of urban areas that span the limits of more than one county and more than one MPO.3 Urban areas that span the limits of more than one county include, by example, the Bradenton-Sarasota-Venice urban area boundaries4 which now run from portions of Manatee County, through Sarasota and Charlotte Counties, and into Lee County. Another example is the Miami-Fort Lauderdale urban area which spans portions of Palm Beach, Broward, and Miami-Dade Counties.5 3 Provision of more than one MPO in a given urban area, the process of designation, was established in Florida by agreement between the Governor and the existing MPO in the area some years ago given the size and complexity of the urbanized area. This is consistent with 23 CFR §450.310(e) and provides that the designation of more than one MPO is appropriate in such instance. 4 Urban area boundaries, as determined by the U.S. Bureau of the Census every ten years, are based on the location and density of population and do not coincide with county boundaries. 5 Other examples of urban areas spanning more than one county include the Port St. Lucie urban area which includes portions of St. Lucie and Martin Counties; Vero Beach-Sebastian urban area which 10.B.3 Packet Pg. 310 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 7 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM Coordination of long-range transportation plans between MPOs within a single urban area only makes sense, since connecting transportation facilities (primarily roads) should connect in a uniform manner, notwithstanding that they are located within the jurisdictional areas of two or more MPOs and two or more counties. By requiring adjacent MPOs to coordinate long-range transportation plans, a coherent plan of roadway widening and improvement can be designed that ignores county boundaries and is based on population and actual traffic volume. Elimination of this language is a step, indeed a leap, away from planned transportation improvement, and elimination of this provision appears inconsistent with federal law. 4) New Language on Pages 15-17, Lines 362-459, amending Section 339.175(10): The long-range transportation plan must be approved by the M.P.O. and by the department as provided in subsection (10). * * * (10) ACCOUNTABILITY.— (a) The department shall review each M.P.O.’s long- range transportation plan for productive flow and connectivity for people and freight within the M.P.O.’s metropolitan area. If the department finds an M.P.O.’s long-range transportation plan to be unsatisfactory or incongruent with the metropolitan area, the department shall return the plan to the M.P.O. for revision. (b) The department shall create quality performance metrics and a scoring mechanism by which to evaluate each M.P.O.’s service to its communities, taking into consideration traffic congestion, the utilization rate of multimodal transportation facilities, resident satisfaction, efficiency of the transportation system for people and freight, and other factors the department deems necessary. The department shall includes portions of Brevard, Indian River, and St. Lucie Counties; Daytona Beach-Palm Coast-Port Orange urban area which includes portions of Fagler and Volusia Counties; the Jacksonville urban area which includes portions of Clay, St. Johns, and Duval Counties; the Orlando urban area which includes portions of Lake, Seminole, Orange, and Osceola Counties; The Villages urban area which includes portions of Lake, Sumter, and Marion Counties; the Beverly Hills-Homosassa Springs-Pine Ridge urban area which includes portions of Citrus and Mario Counties; the Spring Hill urban area which includes portions of Hernando and Pasco Counties; the Tampa-St. Petersburg urban area which includes portions of Pasco, Pinellas, Hillsborough Counties; the Four Corners urban area which includes portions of Osceola, Polk, Orange, and Lake Counties; the Kissimmee-St. Cloud urban area which includes portions of Orange and Osceola Counties; the Poinciana urban area, which includes portions of Polk and Osceola Counties; the Port Charlotte-North Port urban area which includes portions of Charlotte and Sarasota Counties; the Bonita Springs-Estero urban area which includes portions of Collier and Lee Counties. the Navarre-Miramar Beach-Destin urban area which includes portions of Santa Rosa, Walton, and Okaloosa Counties; and the Pensacola, FL-AL urban area which includes portions of Santa Rosa and Escambia County, FL and Baldwin County, Alabama. 10.B.3 Packet Pg. 311 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 8 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM establish a minimum acceptable quality performance score. (c) Beginning in 2025, and each year thereafter, each M.P.O. shall report its score for each quality performance metric by December 1 to the district secretary and shall publish the score and supporting data on its website. The department must validate each M.P.O.’s score calculation and make adjustments thereto if necessary. (d) Beginning in December 2026, and every 3 years thereafter, an M.P.O. that does not achieve the minimum acceptable quality performance score shall be placed under the control of the Secretary of Transportation. The Secretary of Transportation shall appoint the district secretary or another person to assume the role of executive director of the M.P.O. and chair of its governing board for a period not to exceed 1 year, during which time the district secretary or other person shall make recommendations to the governing board regarding: 1. Any leadership, process, and management changes needed to improve the M.P.O.’s quality performance score. 2. Whether the metropolitan area of the M.P.O. would be better served by consolidation of the M.P.O. with an M.P.O. in a contiguous urbanized metropolitan area. (e) Subject to appropriation by the Legislature, beginning in 2026 and every 3 years thereafter, the single M.P.O. with the highest quality performance score will receive $5 million from the State Transportation Trust Fund. Such funds shall be expended at the M.P.O.’s discretion for a project approved in its work program list. Such M.P.O. shall also represent the state in any federal M.P.O. conference or membership organization. In Section 339.175(7) and new sub-section (10), Florida Statutes, in HB-7049 will require development and adoption of a long-range transportation plan by an MPO. However, the new language in HB-7049 that is being added requires long-range transportation plans to also be reviewed and approved by FDOT using statutorily prescribed metrics. This is inconsistent with federal law which requires approval only by locally elected officials that comprise an MPO governing board. 23 USC Section 134(c)(1) provides that long-range transportation plans shall be developed by MPOs. The language of the statute indicates that development of the plan should be in “cooperation with the state” but beyond cooperation, there is no requirement of review and approval of a long-range plan by the state. 10.B.3 Packet Pg. 312 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 9 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM §134 Metropolitan transportation planning . * * * (c) GENERAL REQUIREMENTS.— (1)DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. The administrative rules adopted by the FHWA that implement 23 USC Section 134 make no reference to review and approval of a long-range transportation plan by the state. A review of 23 CFR Section 450.324(a)-(c), which relevant provisions, contains no reference to state review and approval of the long-range transportation plan. § 450.324 Development and content of the metropolitan transportation plan. (a) The metropolitan transportation planning process shall include the development of a transportation plan addressing no less than a 20-year planning horizon as of the effective date. In formulating the transportation plan, the MPO shall consider factors described in § 450.306 as the factors relate to a minimum 20-year forecast period. In nonattainment and maintenance areas, the effective date of the transportation plan shall be the date of a conformity determination issued by the FHWA and the FTA. In attainment areas, the effective date of the transportation plan shall be its date of adoption by the MPO. (b) The transportation plan shall include both long -range and short-range strategies/actions that provide for the development of an integrated multimodal transportation system (including accessible pedestrian walkways and bicycle transportation facilities) to facilitate the safe and efficient movement of people and goods in addressing current and future transportation demand. (c) The MPO shall review and update the transportation plan at least every 4 years in air quality nonattainment and maintenance areas and at least every 5 years in attainment areas to confirm the transportation plan's validity and consistency with current and forecasted transportation and land use conditions and trends and to extend the forecast 10.B.3 Packet Pg. 313 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 10 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM period to at least a 20-year planning horizon. In addition, the MPO may revise the transportation plan at any time using the procedures in this section without a requirement to extend the horizon year. The MPO shall approve the transportation plan (and any revisions) and submit it for information purposes to the Governor. Copies of any updated or revised transportation plans must be provided to the FHWA and the FTA. * * * However, 23 CFR Section 450.324(g) does explain the relationship of the state in the long-range transportation plan development process. It provides that “[t]he MPO shall consult, as appropriate, with State . . . concerning the development of the long transportation plan. The consultation shall include (1) Comparison of transportation plans with State conservation plans or maps, if available; or (2) Comparison of transportation plans to inventories of natural or historic resources, if available.” (emphasis supplied). § 450.324 Development and content of the metropolitan transportation plan. * * * (g) The MPO shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of the transportation plan. The consultation shall involve, as appropriate: (1) Comparison of transportation plans with State conservation plans or maps, if available; or (2) Comparison of transportation plans to inventories of natural or historic resources, if available. (emphasis supplied). 23 CFR Section 450.324(g) does need to be read together with 23 CFR Section 450.316(b) which further discusses the MPOs’ consultation and involvement with other organizations, such as the state, in the development of the long -range transportation plan. § 450.316 Interested parties, participation, and consultation. * * * (b) In developing metropolitan transportation plans and TIPs, the MPO should consult with agencies and officials responsible for other planning activities within the MPA that are affected by transportation (including State and local planned growth, economic development, tourism, natural disaster risk reduction, environmental protection, airport operations, or freight movements) or coordinate its planning 10.B.3 Packet Pg. 314 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 11 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM process (to the maximum extent practicable) with such planning activities. In addition, the MPO shall develop the metropolitan transportation plans and TIPs with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the area that are provided by: (1) Recipients of assistance under title 49 U.S.C. Chapter 53; (2) Governmental agencies and non-profit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the U.S. Department of Transportation to provide non-emergency transportation services; and (3) Recipients of assistance under 23 U.S.C. 201–204. Thus, there is supposed to be “consultation” with the state, but state review and approval is not a part of the federal plan for development of the long -range transportation plan. By requiring state approval and “accountability” as defined by new proposed Section 339.175(10), Florida Statutes, the legislation is chipping away, indeed dismantling, the federal transportation planning scenario which requires decisions by locally elected officials. Specifically, although transportation monies are granted to the states, Congress wanted to see that local officials play a major role in transportation planning. Consequently, MPOs were created in 1962 by the Federal Aid Highway Act of 19626 with the intent of providing for decision-making and planning by local elected officials in urbanized areas. The governing board of an MPO consists of local elected officials, including county commissioners, city council members, and port (sea port or airport) authority members.7 HB-7049 through the additional language in Section 339.175(7) and (10) moves the transportation planning process away from one of local input and decision-making to state oversight and control. It is inconsistent with the concept of local decision-making that 6 See §9, Pub.L 87-866, 76 Stat. 1148 (Oct. 23, 1962). 7 See §339.175(3)(a), Fla.Stat. An M.P.O. may also include as part of its governing board voting members, a member of a statutorily authorized planning board, an official of an agency that operates or administers a major mode of transportation, or an official of Space Florida. Id. 10.B.3 Packet Pg. 315 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 12 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM forms the underpinnings of federal law, and it is inconsistent with the old conservative adage8 that “government closest to the people serves the people the best.” 9 Not only does the new statutory language move decision -making away from the local level through MPOs, the decisions of an MPO in the form of its long -range transportation plan will now be graded by the FDOT. The FDOT is directed to set up a process known as “quality performance metrics and scoring mechanisms” which measure an MPO’s service to the community. See HB-7049, New Section 339.175(10(a) and (b), Lines 764- 406. Traffic congestion and resident satisfaction are key factors in the scoring mechanisms, which given the backlog of transportation projects in Florida due to a shortage of funds, and development approval processes which make it impossible to downzone properties or stop development, should easily equate to negative scoring through the “quality performance metrics and scoring mechanism.” What will follow is a legislative demand that MPOs be further dismembered and all transportation planning be done by central authorities in Tallahassee. In fact, the legislation provides that if an MPO does not meet the minimum required rating established by FDOT, then the MPO “shall be placed under the control of the Secretary of Transportation. The Secretary of Transportation shall appoint the district secretary or another person to assume the role of executive director of the M.P.O. and chair of its governing board for a period not to exceed 1 year, . . ..” New Section 339.175(10)(d), Florida Statutes; HB-7049, Lines 305-398. Another concern in new Section 339.175(10)(e), Florida Statutes; HB-7049, Lines 399- 406, is a provision that awards a $5 million “bonus” to the single MPO which scores the highest in the FDOT’s quality performance metrics and scoring mechanism and provides that the highest scoring MPO will represent the state at any federal MPO conference or membership organization, such as AMPO. This carrot and stick approach by suggesting financial reward is an attempt to lure MPO’s into doing exactly that which is directed by FDOT at the expense of local officials engaging in making contrary decisions. This carrot and stick approach is completely inconsistent with the goal of having local elected 8 This statement is often attributed to Thomas Jefferson. However, the first reference to the expression appeared in print in a magazine, the United States Magazine and Democratic Review, which was founded in 1837. Jefferson could not have been contemporaneously quoted, because he died in 1826. See Check Your Fact.com, checkyourfact.com/2019/04/10/fact-check-facebook-thomas-jeffe-government- best-governs-least/. 9 An editorial critical of changes in Florida law stated that “[t]he Jeffersonian maxim that government closest to the people governs best is a central plank of republicanism. Nonetheless, Florida’s Republican - dominated Legislature in recent years has been steadily moving away from this central plank toward centralizing local governance at the state level.” Editorial, Citrus County Chronicle (Apr. 1, 2019) www.chronicleonline.com/opinion/editorials/government-closest-to-people-governs- best/article_c2b1e9d0-54f5-11e9-9b95-c7be517b59ae.html. 10.B.3 Packet Pg. 316 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 13 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM decision-makers setting policy with regard to the expenditure of federal transportation monies, which is inherent in federal law creating MPOs. The quality performance metrics and scoring mechanism shifts MPO decision-making so that it mirrors FDOT expectations and demands as set in the scoring mechanism. This approach is the reverse of what is required by federal law as set forth in 23 USC Section 135, which requires the state to “coordinate” transportation planning with MPOs. § 135 - Statewide and nonmetropolitan transportation planning * * * (b) COORDINATION WITH METROPOLITAN PLANNING; STATE IMPLEMENTATION PLAN.—A State shall— (1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State [namely MPOs] and with statewide trade and economic development planning activities and related multistate planning efforts; . . .. Lastly, it is unclear where the $5 million “bonus” money is to come from. Will it come from federal transportation monies, which may implicate the legality of such “bonus” money? If it comes from federal PL monies, this indicates that one or more MPOs may be deprived of some funding, which they would ordinarily benefit from. (5) The fifth change of import in HB-7049 abolishes the MPOAC, and when combined with other language discussed above substitutes some of what the MPOAC has been competently performing for years from the MPOAC to the FDOT. HB 7049 strikes language on Pages 17-19, Lines 407-459, amending Section 339.175(11), as follows: (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.— (a) A Metropolitan Planning Organization Advisory Council is created to augment, and not supplant, the role of the individual M.P.O.’s in the cooperative transportation planning process described in this section. (b) The council shall consist of one representative from each M.P.O. and shall elect a chairperson annually from its number. Each M.P.O. shall also elect an alternate representative from each M.P.O. to vote in the absence of the representative.. Members of the council do not receive any compensation for their services, but may be reimbursed from funds made available to council members for travel and per 10.B.3 Packet Pg. 317 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 14 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM diem expenses incurred in the performance of their council duties as provided in s. 112.061. (c) The powers and duties of the Metropolitan Planning Organization Advisory Council are to: 1. Establish bylaws by action of its governing board providing procedural rules to guide its proceedings and consideration of matters before the council, or, alternatively, adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring powers or duties upon it. 2. Assist M.P.O.’s in carrying out the urbanized area transportation planning process by serving as the principal forum for collective policy discussion pursuant to law. 3. Serve as a clearinghouse for review and comment by M.P.O.’s on the Florida Transportation Plan and on other issues required to comply with federal or state law in carrying out the urbanized area transportation and systematic planning processes instituted pursuant to s. 339.155. The council must also report annually to the Florida Transportation Commission on the alignment of M.P.O. long-range transportation plans with the Florida Transportation Plan. 4. Employ an executive director and such other staff as necessary to perform adequately the functions of the council, within budgetary limitations. The executive director and staff are exempt from part II of chapter 110 and serve at the direction and control of the council. The council is assigned to the Office of the Secretary of the Department of Transportation for fiscal and accountability purposes, but it shall otherwise function independently of the control and direction of the department. 5. Deliver training on federal and state program requirements and procedures to M.P.O. board members and M.P.O. staff. 6. Adopt an agency strategic plan that prioritizes steps the agency will take to carry out its mission within the context of the state comprehensive plan and any other statutory mandates and directives. (d) The Metropolitan Planning Organization Advisory Council may enter into contracts in accordance with chapter 287 to support the activities described in paragraph (c). Lobbying and the acceptance of funds, grants, assistance, gifts, or bequests from private, local, state, or federal sources are prohibited. 10.B.3 Packet Pg. 318 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 15 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM This language is of concern, because it eliminates a major coordination method that has been cited as a potential national model by the Association of Metropolitan Planning Organizations (“AMPO”) and other MPOs around the nation. The MPOAC coordination model is especially useful in Florida because of the number of MPOs, 27, in the state, which is more than in any other state.10 The MPOAC convenes at least quarterly, or in some cases more often. As current state legislation provides,11 the MPOAC acts as a clearinghouse for federal and state MPO issues. To the extent that the FDOT choses to utilize this clearinghouse, it is a centralized location for review and comment on draft uniform FDOT contracts with the various MPOs. The MPOAC is a center for review and comment on the applicability of new FDOT policies with regard to MPOs. It is a review and comment center for revisions to proposed funding formulas, and it provides a direct center of communication for federal agencies, such as FHWA and FTA, with the MPOs with regard to grant opportunities federally available to MPOs and with regard to new or amended federal regulations and policies . The MPOAC provides a networking opportunity for MPO staff members and governing board members from the various MPOs. The MPOAC also operates a training program that it has developed during its 30+ years in existence to train MPO governing board members in federal and state transportation legal issues and procedures, as well as educating the governing board members with regard to how federal and state transportation funding has developed over the years. The abolition of the MPOAC likely won’t save the state transportation dollars. The MPOAC during its 30+ years of existence has worked to keep a minimal staff of only two individuals. Essentially, the abolition of the MPOAC dumps over 30 years of development of a coordination and networking system to improve local and state planning of transportation in Florida. It provides for FDOT, at the expense of the state transportation planning funds, to develop and implement a new coordination system and will, at the expense to the state budget, no doubt result over the long term in the hiring of additional state employees to replicate what the MPOAC and the MPOs have already developed. SUMMARY: HB-7049 merely repackages certain tasks already being performed by the MPOAC and places them under FDOT. In essence, FDOT is being required to reinvent the wheel, and it is doubtful whether these tasks can be achieved as efficiently as the MPOAC is doing it with a staff of only two people. 10 One of the reasons that Florida has such a high number of MPOs is due to the fact that it is the state with the third highest amount of population, and rather than having the population concentrated in a handful of enormous metropolitan areas, such as New York City, Chicago, or Los Angeles, Florida has a high number of urban areas, as classified by the U.S. Bureau of the Census. In actuality, however, while it may seem that Florida has a high number of MPOs, it does not. The Federal Highway Administration indicates that nationally, there are approximately 420 MPOs. narc.org/about/what-is-a-cog-or-mpo/ Thus, 27 MPOs in the nation’s third largest state does not seem particularly disproportionate. 11 §339.175(11)(c)3., Fla.Stat. 10.B.3 Packet Pg. 319 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Mark Reichert, Executive Director January 25, 2024 Page 16 of 16 MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I WSH-LAW.COM Additionally, the changes outlined in HB-7049 appear inconsistent with federal law or yield a result inconsistent with federal, and would seem to violate the Supremacy Clause of the U.S. Constitution. Lastly, because federal law envisions that MPOs operated by local government officials are required to have input into how federal monies should be programmed to improve the transportation system and HB-7049 provides for MPO composition in a different, we may end up with two MPOs serving the same area, namely an MPO operating pursuant to federal law and an MPO operating pursuant to state law. PRG/mb 10.B.3 Packet Pg. 320 Attachment: MPOAC General Counsel Memorandum on HB-7049 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 1 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to the Department of Transportation; 2 amending s. 20.23, F.S.; removing provisions requiring 3 the secretary of the Department of Transportation to 4 appoint an inspector general; amending s. 334.044, 5 F.S.; revising requirements for the allocation of 6 funds by the department for the purchase of plant 7 materials; amending s. 338.2216, F.S.; authorizing the 8 department to contract with certain financial 9 inst itutions for the acceptance and processing of 10 electronic payments to the Florida Turnpike 11 Enterprise; providing applicability; amending s. 12 338.231, F.S.; revising the time period for which a 13 prepaid toll account must remain inactive in order to 14 be presumed unclaimed; amending s. 339.08, F.S.; 15 prohibiting the department from expending certain 16 state funds to support certain projects or programs; 17 amending s. 339.0803, F.S.; prioritizing availability 18 of certain revenues deposited into the State 19 Transportation Trust Fund for payments under service 20 contracts with the Florida Department of 21 Transportation Financing Corporation to fund arterial 22 highway projects; authorizing two or more of such 23 projects to be treated as a single project for certain 24 purposes; amending s. 339.0809, F.S.; specifying 25 10.B.4 Packet Pg. 321 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 2 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S priority of availability of funds appropriated for 26 payments under a service contract with the 27 corporation; authorizing the department to enter into 28 service contracts to finance projects identified in 29 the Moving Florida Forward Infrastructure Initiative; 30 providing requirements for annual service contract 31 payments; amending s. 339.155, F.S.; defining the term 32 "nonpecuniary factor"; prohibiting the department from 33 considering certain nonpecuniary factors when 34 developing transportation plans; requiring 35 consideration of certain pecuniary factors; providing 36 applicability; creating s. 339.652, F.S.; creating the 37 Supply Chain Innovation Grant Program within the 38 Department of Commerce; providing the purpose of the 39 program; requiring the Department of Commerce and the 40 Department of Transportation to consider applications 41 and select grant awardees; requiring each award made 42 for vertiport development to be matched by nonstate 43 funds; defining the term "vertiport"; authorizing the 44 departments to adopt rules; amending s. 341.051, F.S.; 45 requiring funds appropriated from the State 46 Transportation Trust Fund for the New Starts Transit 47 Program to revert to the trust fund under certain 48 circumstances; amending s. 341.071, F.S.; defining the 49 terms "administrative costs" and "public transit 50 10.B.4 Packet Pg. 322 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 3 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S provider"; requiring each public transit provider to 51 annually certify that its administrative costs do not 52 exceed the annual state average of administrative 53 costs by more than a certain percentage; specifying 54 the metho d by which the Department of Transportation 55 is required to determine such state average; creating 56 s. 341.072, F.S.; prohibiting a public transit 57 provider from expending certain state funds for 58 certain marketing or advertising activities; 59 prohibiting certai n media on passenger windows of 60 public transit provider vehicles to be darker than 61 certain window tinting requirements; providing an 62 effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. Paragraph (d) of subsection (3) of section 67 20.23, Florida Statutes, is amended to read: 68 20.23 Department of Transportation.—There is created a 69 Department of Transportation which shall be a decentralized 70 agency. 71 (3) 72 (d) The secretary shall appoint an inspector general 73 pursuant to s. 20.055 who shall be directly responsible to the 74 secretary and shall serve at the pleasure of the secretary. 75 10.B.4 Packet Pg. 323 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 4 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Section 2. Subsection (26) of section 334.044, Florida 76 Statutes, is amended to read: 77 334.044 Powers and duties of the department.—The 78 depa rtment shall have the following general powers and duties: 79 (26) To provide for the enhancement of environmental 80 benefits, including air and water quality; to prevent roadside 81 erosion; to conserve the natural roadside growth and scenery; 82 and to provide fo r the implementation and maintenance of 83 roadside conservation, enhancement, and stabilization programs. 84 To accomplish these activities, the department may contract with 85 nonprofit organizations having the primary purpose of developing 86 youth employment oppor tunities. 87 (a) A percentage At least 1.5 percent of the amount 88 contracted for construction projects shall be allocated by the 89 department on a statewide basis as follows for the purchase of 90 plant materials : 91 1. For projects contracted for up to $50 millio n: 1.5 92 percent. 93 2. For projects contracted for $50,000,001 through $100 94 million: 1 percent. 95 3. For projects contracted for $100,000,001 through $250 96 million: 0.75 percent. 97 4. For projects contracted for $250,000,001 through $500 98 million: 0.5 percent. 99 5. For projects contracted for $500,000,001 or more, 0 100 10.B.4 Packet Pg. 324 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 5 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S percent . 101 (b) Department districts may not expend funds for 102 landscaping in connection with any project that is limited to 103 resurfacing existing lanes unless the expenditure has been 104 approved by the department's secretary or the secretary's 105 designee. 106 (c) To the greatest extent practical, at least 50 percent 107 of the funds allocated under this subsection shall be allocated 108 for large plant materials and the remaining funds for other 109 plan t materials. Except as prohibited by applicable federal law 110 or regulation, all plant materials shall be purchased from 111 Florida commercial nursery stock in this state on a uniform 112 competitive bid basis. The department shall develop grades and 113 standards for landscaping materials purchased through this 114 process. To accomplish these activities, the department may 115 contract with nonprofit organizations having the primary purpose 116 of developing youth employment opportunities. 117 Section 3. Subsection (2) of section 338.2216, Florida 118 Statutes, is amended to read: 119 338.2216 Florida Turnpike Enterprise; powers and 120 authority.— 121 (2) The department may shall have the authority to employ 122 procurement methods available to the Department of Management 123 Services under chapter s 255 and 287 and under any rule adopted 124 under such chapters solely for the benefit of the turnpike 125 10.B.4 Packet Pg. 325 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 6 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S enterprise. Notwithstanding any other provision of law to the 126 contrary, the department may procure and establish contracts, in 127 a manner consistent with chapter 287, with one or more financial 128 institutions, credit card companies, or other entities for the 129 acceptance and processing of credit cards, charge cards, debit 130 cards, electronic funds transfers, or any other means of 131 electronic payment for the collection of amounts to which the 132 turnpike enterprise is entitled. Section 215.322 does not apply 133 to electronic payment services procured under this section. 134 Section 4. Paragraph (c) of subsection (3) of section 135 338.231, Florida Statutes, is amended to read: 136 338.231 Turnpike tolls, fixing; pledge of tolls and other 137 revenues.—The department shall at all times fix, adjust, charge, 138 and collect such tolls and amounts for the use of the turnpike 139 system as are required in order to provide a fund sufficient 140 with othe r revenues of the turnpike system to pay the cost of 141 maintaining, improving, repairing, and operating such turnpike 142 system; to pay the principal of and interest on all bonds issued 143 to finance or refinance any portion of the turnpike system as 144 the same become due and payable; and to create reserves for all 145 such purposes. 146 (3) 147 (c) Notwithstanding any other provision of law to the 148 contrary, a any prepaid toll account of any kind which has 149 remained inactive for 10 3 years shall be presumed unclaimed , 150 10.B.4 Packet Pg. 326 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 7 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and its disposition shall be handled by the Department of 151 Financial Services shall handle the disposition of the account 152 in accordance with all applicable provisions of chapter 717 153 relating to the disposition of unclaimed property, and the 154 department shall close the prepaid toll account shall be closed 155 by the department . 156 Section 5. Subsection (5) is added to section 339.08, 157 Florida Statutes, to read: 158 339.08 Use of moneys in State Transportation Trust Fund.— 159 (5)(a) The department may not expend any state fun ds as 160 described in s. 215.31 to support a project or program of: 161 1. A public transit provider as defined in s. 341.031(1); 162 2. An authority created pursuant to chapter 343, chapter 163 348, or chapter 349; 164 3. A public -use airport as defined in s. 332.004; or 165 4. A port enumerated in s. 311.09(1) 166 167 which is found in violation of s. 381.00316. The department 168 shall withhold state funds until the public transit provider, 169 authority, public -use airport, or port is found in compliance 170 with s. 381.00316. 171 (b) The department may not expend any state funds as 172 described in s. 215.31 to support a project or program of: 173 1. A public transit provider as defined in s. 341.031(1); 174 2. An authority created pursuant to chapter 343, chapter 175 10.B.4 Packet Pg. 327 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 8 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 348, or chapter 349; 176 3. A publ ic -use airport as defined in s. 332.004; or 177 4. A port enumerated in s. 311.09(1) 178 179 which is found advertising, enforcing, promoting, or displaying 180 a recommendation, requirement, or mandate relating to COVID -19 181 or any variant thereof which is produced, recommended, or 182 enacted by the Centers for Disease Control and Prevention, the 183 United States Department of Health and Human Services, the 184 Transportation Security Administration, the United States 185 Department of Tran sportation and any operating administration 186 thereof, or any other governmental entity. The department shall 187 withhold state funds until the public transit provider, 188 authority, public -use airport, or port is found no longer 189 advertising, enforcing, promoting, or displaying such 190 recommendation, requirement, or mandate. 191 Section 6. Section 339.0803, Florida Statutes, is amended 192 to read: 193 339.0803 Allocation of increased revenues derived from 194 amendments to s. 320.08 by ch. 2019 -43.— 195 (1) Beginning in the 202 1-2022 fiscal year and each fiscal 196 year thereafter, funds that result from increased revenues to 197 the State Transportation Trust Fund derived from the amendments 198 to s. 320.08 made by chapter 2019 -43, Laws of Florida, and 199 deposited into the fund pursuant to s. 320.20(5)(a) must be used 200 10.B.4 Packet Pg. 328 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 9 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to fund arterial highway projects identified by the department 201 in accordance with s. 339.65 and may be used for projects as 202 specified in ss. 339.66 and 339.67. For purposes of the funding 203 provided in this section, the department shall prioritize use of 204 existing facilities or portions thereof when upgrading arterial 205 highways to limited or controlled access facilities. However, 206 this section does not preclude use of the funding for projects 207 that enhance the capacity of an arterial highway. The funds 208 allocated as provided in this section shall be in addition to 209 any other statutory funding allocations provided by law. 210 (2) Revenues deposited into the State Transportation Trust 211 Fund pursuant to s. 320.20(5)(a) shall first be available for 212 appropriation for payments under a service contract entered into 213 with the Florida Department of Transportation Financing 214 Corporation pursuant to s. 339.0809(4) to fund arterial highway 215 projects. For the corporation's bonding purposes, two or more of 216 such projects in the department's approved work program may be 217 treated as a single project. 218 Section 7. Subsection (13) of section 339.0809, Florida 219 Statutes, is amended to read: 220 339.0809 Florida Department of Transportation Financing 221 Corporation.— 222 (13)(a) The department may enter into a service contract 223 in conjunction with the issuance of debt obligations as provided 224 in this section which provides for periodic payments for debt 225 10.B.4 Packet Pg. 329 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 10 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S service or other amounts payable with respect to debt 226 obligations, plus any administrative expenses of the Florida 227 Department of Transportation Financing Corporation. Funds 228 appropriated for payments under a service contract shall be 229 available after funds pledged to payment on bonds but before 230 other statutorily required distributions. 231 (b) For the purposes of this subsection, the department 232 may enter into a service contract to finance those 20 projects 233 identified in the Moving Florida Forward Infrastructure 234 Initiative in t he work program. Service contract payments may 235 not exceed 7 percent of the funds deposited in the State 236 Transportation Trust Fund in each fiscal year. The annual 237 payments under such service contract shall be included in the 238 department's tentative work prog ram and legislative budget 239 request developed under s. 339.135. The department shall ensure 240 that the annual payments are programmed for the life of the 241 service contract before execution of the service contract and 242 shall remain programmed until fully paid. 243 Section 8. Subsection (6) is added to section 339.155, 244 Florida Statutes, to read: 245 339.155 Transportation planning.— 246 (6) PROHIBITION ON ENVIRONMENTAL, SOCIAL, AND GOVERNANCE 247 CONSIDERATIONS IN TRANSPORTATION PLANNING.—As used in this 248 subsection, the t erm "nonpecuniary factor" means environmental, 249 social, and corporate governance (ESG) interests; social 250 10.B.4 Packet Pg. 330 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 11 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S governance standards, benchmarks, and requirements, including, 251 but not limited to, environmental or social justice; any 252 initiative, action, framework, o r target that advances or 253 implements the goals of the Paris Agreement, defined as the 254 resolution adopted by the United Nations Framework Convention on 255 Climate Change's 21st Conference of Parties in Paris, France; or 256 any similar initiative adopted by the Fe deral Government or any 257 agency thereof to achieve net zero emissions of carbon dioxide. 258 (a) Notwithstanding any other law to the contrary, when 259 developing plans outlined in this section, the department may 260 not consider any nonpecuniary social, political, or ideological 261 factor. Rather, the department shall consider pecuniary factors 262 including, but not limited to, the material effects on the risk 263 or return of an investment, mitigation against natural hazards, 264 and long-term financial viability. 265 (b) The req uirements of this subsection also apply to all 266 metropolitan planning organizations subject to s. 339.175. 267 Section 9. Section 339.652, Florida Statutes, is created 268 to read: 269 339.652 Supply Chain Innovation Grant Program.— 270 (1) There is created the Supply Chain Innovation Grant 271 Program within the Department of Commerce. Subject to 272 appropriation by the Legislature and in collaboration with the 273 Department of Transportation, the Department of Commerce shall 274 annually consider applications submitted under th e program by 275 10.B.4 Packet Pg. 331 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 12 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ports listed in s. 311.09(1); class I, II, or III freight 276 railroads; public airports as defined in s. 330.27, and 277 intermodal logistics centers or inland ports as defined in s. 278 311.101(2) to fund proposed projects that increase efficiency or 279 demonstrably reduce traffic congestion in the delivery of goods; 280 increase fuel storage and distribution loading rack capacity; or 281 otherwise expand fuel capacity in this state. The Department of 282 Commerce and the Department of Transportation shall also 283 conside r applications for funding submitted by public and 284 private entities seeking to develop and establish vertiports in 285 this state. Each award made for vertiport development shall be 286 matched dollar -for-dollar by nonstate funds. For purposes of 287 this subsection, the term "vertiport" means a system or 288 infrastructure with supporting services and equipment used for 289 landing, ground handling, and takeoff of manned or unmanned 290 vertical takeoff and landing (VTOL) aircraft. 291 (2) Awardees under this program shall be selec ted jointly 292 by the Department of Transportation and the Department of 293 Commerce, and grants awarded under this program shall be 294 administered by the Department of Commerce. The Department of 295 Transportation and the Department of Commerce may adopt rules to 296 implement this section. 297 Section 10. Subsection (6) of section 341.051, Florida 298 Statutes, is amended to read: 299 341.051 Administration and financing of public transit and 300 10.B.4 Packet Pg. 332 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 13 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S intercity bus service programs and projects.— 301 (6) ANNUAL APPROPRIATION.—Funds paid into the State 302 Transportation Trust Fund pursuant to s. 201.15 for the New 303 Starts Transit Program are hereby annually appropriated for 304 expenditure to support the New Starts Transit Program. If no 305 funds are allocated to projects that qualify for the New St arts 306 Transit Program by June 30 of the current fiscal year, such 307 funds shall revert and are appropriated to the State 308 Transportation Trust Fund. 309 310 For purposes of this section, the term "net operating costs" 311 means all operating costs of a project less any f ederal funds, 312 fares, or other sources of income to the project. 313 Section 11. Subsection (4) is added to section 341.071, 314 Florida Statutes, to read: 315 341.071 Transit productivity and performance measures; 316 reports.— 317 (4)(a) As used in this subsection, t he term: 318 1. "Administrative costs" includes, but is not limited to, 319 employee salaries and benefits, small business outreach, 320 insurance, professional service contracts not directly related 321 to the operation and maintenance of a transit system, and other 322 overhead costs. 323 2. "Public transit provider" means a public agency 324 providing public transit service, including an authority created 325 10.B.4 Packet Pg. 333 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 14 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S pursuant to chapter 343 or chapter 349. 326 (b) Each public transit provider, during a publicly 327 noticed meeting, shall annuall y certify that its budgeted and 328 actual administrative costs are not greater than 10 percent 329 above the annual state average of administrative costs. 330 (c) To support compliance with paragraph (b), the 331 department shall determine the annual state average of 332 administrative costs by calculating the annual administrative 333 costs of all the public transit providers in this state. 334 Section 12. Section 341.072, Florida Statutes, is created 335 to read: 336 341.072 Prohibited use of state funds by public transit 337 providers .— 338 (1) A public transit provider may not expend state funds 339 as described in s. 215.31 directly, indirectly, or through a 340 grant or agreement, for any of the following marketing or 341 advertising activities: 342 (a) A marketing or public awareness campaign, whether 343 through a digital or print medium, including the use of any 344 wrap, tinting, or paint on a bus, commercial motor vehicle, or 345 motor vehicle, as those terms are defined in s. 316.003, in 346 support of any soc ial, political, or ideological interest. 347 (b) Use of an asset owned or funded by a public transit 348 provider, including an existing or future asset, which displays, 349 contains, or markets, whether through a digital or print medium, 350 10.B.4 Packet Pg. 334 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) HB 1301 2024 CODING: Words stricken are deletions; words underlined are additions. hb1301-00 Page 15 of 15 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S any social, political, or i deological interest. 351 (2) The activities prohibited in subsection (1) include 352 the promotion of environmental, social, and corporate governance 353 (ESG) interests or any campaign related to environmental or 354 social justice causes. This section does not apply t o the 355 acknowledgement of recognized holidays under s. 110.117. 356 (3) Any new wrap, tinting, paint, medium, or advertisement 357 on the passenger windows of a vehicle used by a public transit 358 provider may not be darker than the legally allowed window 359 tinting re quirements as provided in s. 316.2954. 360 Section 13. This act shall take effect July 1, 2024. 361 10.B.4 Packet Pg. 335 Attachment: HB-1301 (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Representative Botana) Committee Assignments Select Committee on Hurricane Resiliency and Recovery ~ Infrastructure Strategies Committee ~ Judiciary Committee Agriculture, Conservancy & Resiliency Subcommittee ~ Agriculture & Natural Resources Appropriations Subcommittee Healthcare Regulation Subcommittee ~ Insurance & Banking Subcommittee ~ Rules Committee ~ Majority Whip The Florida House of Representatives Representative Adam Botana District 80 Sunshine Professional Center, Suite 2215 319 The Capitol 9240 Bonita Beach Road Southeast 402 South Monroe Street Bonita Springs, FL 34135-4251 Tallahassee, FL 32399-1300 Phone: (239) 949-6279 Phone: (850) 717-5080 Email: Adam.Botana@MyFloridaHouse.gov Secretary L. K. Nandam Tampa Bay Area Regional Transit Authority (TBARTA) PO Box 47723 Tampa, FL 33646 RE: Inquiry into A Regional Transportation Network Secretary Nandam, Please find this letter defining my intent to address a concern I have within my district, which is the lack of a regional transportation network. What I intend to address is the over-reliance on a select few corridors, within my district that handle both longer inter-county trips and shorter trips that should be made on parallel/local roadways. The result of the current situation is congestion and lack of options for our communities to make work trips, shopping, deliveries, and a general reduction in the qualit y of life. To address my concerns, I am requesting that the Florida Department of Transportation review the existing or lack of a regional transportation network that is necessary within the Collier and Lee County areas to accommodate local and inter-county transportation needs. The Florida Department of Transportation should use the concerns I have outlined below to come up with implementable suggestions to address immediate and long- term concerns regarding the ability for regional transportation to be safe, effective, resilient, reliable, and enhances economic prosperity through the movement of people and goods while preserving the quality of our communities and environment. 1. What kinds of partnering opportunities need to be fostered involving the Counties, municipalities, Metropolitan Planning Organizations, and the private sector. 2. What kind of a plan needs to be identified to create a regional transportation network involving Lee and Collier Counties and the municipalities? 3. What kind of a plan needs to be identified to address expansion needs of the existing transportation network to accommodate current needs, regional growth, economic opportunities, and expand the options for the traveling public? 4. How do we maximize the abilities of both Lee and Collier MPOs, counties, and municipalities in addressing and funding regional transportation needs? 10.B.5 Packet Pg. 336 Attachment: Rep. Botana Letter to FDOT D1 Secretary (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed Committee Assignments Select Committee on Hurricane Resiliency and Recovery ~ Infrastructure Strategies Committee ~ Judiciary Committee Agriculture, Conservancy & Resiliency Subcommittee ~ Agriculture & Natural Resources Appropriations Subcommittee Healthcare Regulation Subcommittee ~ Insurance & Banking Subcommittee ~ Rules Committee ~ Majority Whip 5. What opportunities could exist to maximize existing and potential funds and partnering opportunities to address a regional transportation network’s needs? I intend to work with the Department to identify the appropriate method to compile, analyze, and document their findings and to determine the appropriate amount of time necessary to accomplish this task. Secretary Nandam, please initiate contact with my Office to discuss a path forward regarding this request. Sincerely, Adam Botana State Representative House District 80 10.B.5 Packet Pg. 337 Attachment: Rep. Botana Letter to FDOT D1 Secretary (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed This summary of recommendations is in response to recent discussions about regional coordination between the Lee and Collier MPO’s as well as requests for additional north south capacity between the two counties east of the Interstate. Staff had been doing some model runs and working on a scope to re-look at the CR 951 extension as this was previously raised by several local legislators and city council members. In December, Representative Botana asked FDOT to develop recommendations to address regional transportation concerns. The Lee and Collier MPO staff Directors and FDOT met to discuss potential actions to respond to these requests and listed below are the recommendations: •The Lee and Collier MPO’s will jointly develop a separate regional componentof the Long Range Plan that will address the regional roadway and multi-modal improvements that are needed to address the existing and futuregrowth.•The Lee and Collier MPO’s will develop a joint congestion management planas part of the Long Range Plan updates. A scope will be developed for reviewby each MPO.•The Lee and Collier MPO’s will conduct a CR 951/east of I-75 feasibility studyto determine what has changed since the previous PD&E study was stoppedto determine how to proceed. The draft scope is attached and the Lee MPOwill amend its Unified Planning Work Program in March to fund the study.•The Lee and Collier MPO attorneys will work on a resolution or jointagreement amendment to form a regional subcommittee of the two MPO’s tohelp improve coordination activities. The regional subcommittee will meet anddiscuss issues and make recommendations back to the full Boards fordiscussion and action. The Lee MPO Executive Committee discussed havinga subset of their committee serve on the regional subcommittee. Lee MPO Draft Recommendations 10.B.6 Packet Pg. 338 Attachment: Draft response to Rep. Botana (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Lee County MPO CR 951 Feasibility Study January 1, 2024 1 DRAFT: SCOPE OF WORK Lee County MPO CR 951 Feasibility Study This document describes the Scope of Work that will be performed by Volkert, Inc. (Consultant) to develop the Lee County Metropolitan Planning Organization (MPO) County Road (CR) 951 Feasibility Study (Feasibility Study). The study limits are from Alico Road in the north in Lee County to Immokalee Road in the south in Collier County. The purpose of the Feasibility Study is to identify if there is a near term need for the CR 951 extension/other north south connections east of I-75 and if so, where could it possibly go, and what will be potential issues and opportunities that the Lee County MPO will encounter to move forward with a Project Development and Environment (PD&E) Study. The development of the project will include the following tasks: •TASK 1: Conduct kick-off meeting. •TASK 2: Collect and summarize the findings of previous studies related to this project and the project study area. •TASK 3: Conduct existing and future conditions assessment. •TASK 4: Conduct stakeholder interviews and preliminary analysis to respond to questions from stakeholders. •TASK 5: Develop planning level alternative corridors. •TASK 6: Conduct agency coordination (e.g., Florida’s Turnpike, Florida Department of Transportation, MPOs, and Counties). •TASK 7: Develop opportunities and constraints. •TASK 8: Present the Feasibility Study findings and recommendations. •TASK 9: Produce the draft and final technical memorandum. TASK 1: CONDUCT KICK-OFF MEETING The Consultant will schedule and conduct a kick-off meeting with MPO staff within ten days of the Notice to Proceed that will be issued by the MPO. The kick-off meeting will be held virtually over a Microsoft Teams call or similar video conferencing platform. At the kick-off meeting, the Consultant and the MPO staff will review the scope of work, project schedule, previous plans that will be reviewed, data needs, project study area, stakeholder outreach, and required deliverables. Deliverables: •Project schedule •List of stakeholders •List of agencies and staff contacts •List of outstanding data needs •Base map of the study area 10.B.6 Packet Pg. 339 Attachment: Draft response to Rep. Botana (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Lee County MPO CR 951 Feasibility Study January 1, 2024 2 TASK 2: REVIEW OF PREVIOUS PLANNING STUDIES The Consultant will work with Lee County MPO to identify previous plans to review. The Consultant will review previous plans to identify recommendations and relevant capital improvement projects that are planned and programmed. Emphasis will be placed on understanding the past recommendations that are relevant to the study area. The Consultant will summarize the results of the review in a technical memorandum that will become a chapter or section of the final Feasibility Study report. Deliverable: •Technical Memorandum summarizing review of previous planning studies TASK 3: CONDUCT EXISTING AND FUTURE CONDITIONS ASSESSMENT The Consultant will conduct an existing and future conditions assessment for the study area. This task will include a site visit of the study area to take photos, analysis of existing and future land uses and demographics, and a review of upcoming land development and transportation projects, as available. The Consultant will develop existing conditions maps and document the findings in a technical memorandum that will include maps and photographs taken from the site visit. Deliverables: •Technical Memorandum of the Existing and Future Conditions Assessment •Maps (seven to eight) o Base Map o Existing Population o Future Population o Existing Jobs o Future Jobs o Existing Land Use o Future Land Use o Future Development (as available) TASK 4: CONDUCT STAKEHOLDER INTERVIEWS The Consultant will conduct up to 10 one-on-one stakeholder interviews in person and/or virtually, which will be based on the availability and preference of each stakeholder. The purpose of the interviews is to collect stakeholder input and concerns on the study and potential alignments, and to help define the key topics to discuss for an optional stakeholder workshop. The Consultant will produce a fact sheet about the project to provide to each stakeholder in advance of the one-on-one stakeholder interviews. The Consultant will conduct high-level/order of magnitude analysis as necessary to respond to stakeholder questions and concerns. This task is expected to include some additional research and analysis to help facilitate discussions at the optional stakeholder workshop. The Consultant will then use the key concerns and preliminary analysis to develop alternative corridors and a series of potential strategies to mitigate each concern. 10.B.6 Packet Pg. 340 Attachment: Draft response to Rep. Botana (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Lee County MPO CR 951 Feasibility Study January 1, 2024 3 Deliverables: •Up to 10 individual stakeholder interviews •One page fact sheet •Stakeholder interview questions •Summary of stakeholder interviews TASK 5: DEVELOP PLANNING LEVEL ALTERNATIVE CORRIDORS The Consultant will use the previous planning research, the existing and future conditions assessment, and stakeholder input to develop up to five alternative corridors for a future CR 951 road extension/other north south connections east of I-75 that will be mapped. The methodology for developing and evaluating the alternative alignments will become part of the final report. The Feasibility Study will not result in a preferred alternative. Planning level cost estimates will be developed for the alternatives for comparison. Deliverables: •Technical Memorandum on Alternative Corridors •Map of Alternative Corridors TASK 6: AGENCY COORDINATION The Consultant will work with Lee County MPO to identify the appropriate staff at local, regional, and state agencies to discuss the Feasibility Study. Agencies include the Florida Department of Transportation (FDOT), the Florida Turnpike, Collier County, Lee County, Collier MPO, and others identified by the Lee County MPO. The Consultant will be responsible for scheduling and coordinating up to three meetings with appropriate staff that can be held virtually and in-person. The Consultant will put together a meeting agenda to be reviewed by the Lee County MPO and meeting notes summarizing comments from staff and next steps. Deliverables: •Meeting Agendas (3) •Up to three coordination meetings with agency staff o One hybrid, in-person and virtual (first meeting) o Two virtual •Meeting notes TASK 7: DEVELOP OPPORTUNITIES AND CONSTRAINTS The Consultant will develop next step recommendations for the Lee County MPO. Anticipated recommendations include conducting a future Project Development and Environment (PD&E) Study for CR 951/other connections and a financial feasibility analysis. 10.B.6 Packet Pg. 341 Attachment: Draft response to Rep. Botana (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by Lee County MPO CR 951 Feasibility Study January 1, 2024 4 TASK 8: PRESENT RESULTS The Consultant will provide a project summary and PowerPoint presentation to MPO staff for review. This will be presented (up to 3 presentations) to the two MPO Boards and Committees. Deliverables: •PowerPoint Presentation •Up to Three Presentations o MPO Committee Meetings (may be scheduled as a joint meeting) o Lee and Collier MPO Board Meetings (may be scheduled as a joint meeting) TASK 9: DRAFT AND FINAL TECHNICAL MEMORANDUM The Consultant will produce the draft and final technical memorandum that will combine the technical memorandums from the previous tasks. The final report will include an introduction, summary of previous planning studies, the existing and future conditions assessment, results from the stakeholder interviews and optional public workshop, alternative corridors and the methodology for selecting them, travel demand modeling results, maps, images, and recommendations for next steps. Deliverables: •Draft Report •Final Report 10.B.6 Packet Pg. 342 Attachment: Draft response to Rep. Botana (27885 : Report on Pending Legislation Affecting Collier MPO and Concerns Expressed by 02/09/2024 EXECUTIVE SUMMARY Administrative Modification to the FY 2024-2028 Transportation Improvement Program OBJECTIVE: For the Board to receive a copy of an administrative modification to the FY 2024-2028 Transportation Improvement Program (TIP). CONSIDERATIONS: The Florida Department of Transportation (FDOT) asked the Collier MPO to change the Type of Work for the following projects to “PURCHASE VEHICLES/EQUIPMENT”: • 451147-1 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC • 451147-2 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC • 451147-3 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC COMMITTEE RECOMMENDATIONS: N/A. STAFF RECOMMENDATION: N/A. Prepared By: Sean Kingston, AICP, PMP, Principal Planner ATTACHMENT(S) 1. Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL – BONITA SPRINGS UZA – COLLIER COUNTY BOCC (PDF) 12.A Packet Pg. 343 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 12.A Doc ID: 27886 Item Summary: Administrative Modification to the FY 2024-2028 Transportation Improvement Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:19 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:19 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:19 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:24 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 12.A Packet Pg. 344 Administrative Modification to the FY 2024 through FY 2028 TIP Action FPN Project Name Requested By Change Type of Work to: “Purchase Vehicles/Equipment” 451147-1 5310 CAPITAL – BONITA SPRINGS UZA – COLLIER COUNTY BOCC FDOT Change Type of Work to: “Purchase Vehicles/Equipment” 451147-2 5310 CAPITAL – BONITA SPRINGS UZA – COLLIER COUNTY BOCC FDOT Change Type of Work to: “Purchase Vehicles/Equipment” 451147-3 5310 CAPITAL – BONITA SPRINGS UZA – COLLIER COUNTY BOCC FDOT TIP Reference: Appendix K COLLIER METROPOLITAN PLANNING ORGANIZATION Approved By: Date: 11/16/23 Anne McLaughlin, MPO Executive Director 12.A.1 Packet Pg. 345 Attachment: Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL COLLIER MPO FY 2024 - 2028 TIP 451147-1 Project Description 3 paratransit buses Type of Work Description PURCHASE VEHICLES/EQUIPMENT Responsible Agency MANAGED BY COLLIER COUNTY Project Length 0 SIS No 2045 LRTP P6-23, Table 6-12 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC Fund Phase 2024 2025 2026 2027 2028 Totals LF CAP $33,075.00 $0.00 $0.00 $0.00 $0.00 $33,075.00 DU CAP $264,601.00 $0.00 $0.00 $0.00 $0.00 $264,601.00 DPTO CAP $33,075.00 $0.00 $0.00 $0.00 $0.00 $33,075.00 $330,751.00 $0.00 $0.00 $0.00 $0.00 $330,751.00 12.A.1 Packet Pg. 346 Attachment: Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL COLLIER MPO FY 2024 - 2028 TIP 451147-2 Project Description Radios Type of Work Description PURCHASE VEHICLES/EQUIPMENT Responsible Agency MANAGED BY COLLIER COUNTY Project Length 0 SIS No 2045 LRTP P6-23, Table 6-12 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC Fund Phase 2024 2025 2026 2027 2028 Totals DPTO CAP $1,187.00 $0.00 $0.00 $0.00 $0.00 $1,187.00 DU CAP $9,501.00 $0.00 $0.00 $0.00 $0.00 $9,501.00 LF CAP $1,188.00 $0.00 $0.00 $0.00 $0.00 $1,188.00 $11,876.00 $0.00 $0.00 $0.00 $0.00 $11,876.00 12.A.1 Packet Pg. 347 Attachment: Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL COLLIER MPO FY 2024 - 2028 TIP 451147-3 Project Description Hardware Type of Work Description PURCHASE VEHICLES/EQUIPMENT Responsible Agency MANAGED BY COLLIER COUNTY Project Length 0 SIS No 2045 LRTP P6-23, Table 6-12 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC Fund Phase 2024 2025 2026 2027 2028 Totals DPTO CAP $119.00 $0.00 $0.00 $0.00 $0.00 $119.00 DU CAP $950.00 $0.00 $0.00 $0.00 $0.00 $950.00 LF CAP $119.00 $0.00 $0.00 $0.00 $0.00 $119.00 $1,188.00 $0.00 $0.00 $0.00 $0.00 $1,188.00 12.A.1 Packet Pg. 348 Attachment: Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL Florida Department of Transportation RON DESANTIS GOVERNOR 801 N Broadway Avenue Bartow, Florida 33830 JARED W. PERDUE, P.E. SECRETARY Improve Safety, Enhance Mobility, Inspire Innovation www.fdot.gov October 24, 2023 Mrs. Anne McLaughlin Executive Director Collier MPO 2885 Horseshoe Dr S Naples, FL 34104 RE: Request for Administrative Modification to the Collier County Metropolitan Planning Organization’s Fiscal Years 2023/24 – FY 2027/28 Transportation Improvement Program (TIP). Dear Mrs. McLaughlin: The purpose of this letter is to request the Collier County Metropolitan Planning Organization (MPO) administratively modify the following projects in the FY2023/24 – 2027/28 TIP. 451147-1, -2, -3 5310 CAPITAL - BONITA SPRINGS UZA - COLLIER COUNTY BOCC The Type of Work has been changed to “PURCHASE VEHICLES/EQUIPMENT”. Please update the TIP to reflect these changes. DocuSign Envelope ID: 83B7B0AC-2AB5-454E-AF3A-49A41E24CA9E 12.A.1 Packet Pg. 349 Attachment: Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL – BONITA SPRINGS UZA – COLLIER If you have any questions, please feel free to contact me at (863) 272-2368. Sincerely, Victoria G Peters Community Liaison DocuSign Envelope ID: 83B7B0AC-2AB5-454E-AF3A-49A41E24CA9E 12.A.1 Packet Pg. 350 Attachment: Administrative Modification to FY 2024-2028 TIP; Project Nos. 451147-1, -2, -3 5310 CAPITAL – BONITA SPRINGS UZA – COLLIER 02/09/2024 EXECUTIVE SUMMARY Florida Department of Transportation Office of Inspector General Audit Report for Collier MPO OBJECTIVE: For the Board to receive a copy of the Florida Department of Transportation (FDOT) Office of Inspector General (OIG) final audit report for Collier MPO. CONSIDERATIONS: Collier MPO was one of two MPOs that FDOT OIG selected for audits in 2023 as part of FDOT’s FY 2022-23 annual audit plan. The audit was two-fold: 1) a review of the MPO’s accounting and financial management policies, procedures and processes, and 2) a review of Grant Agreement G2821 (the underlying grant agreement to Collier MPO’s FY 22-24 Unified Planning Work Program) to ensure that invoices and expenses are in accordance with federal regulations, state statutes and FDOT policies and procedures. The OIG found that Collier MPO’s current written accounting policies and procedures are in accordance with federal regulations, state statutes and Department policies and procedures and is compliant with the use of funds allocated and expended under G2821 following Title 2, Part 200, Code of Federal Regulations. COMMITTEE RECOMMENDATIONS: N/A. STAFF RECOMMENDATION: N/A. (provided for informational purposes.) Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (PDF) 12.B Packet Pg. 351 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 12.B Doc ID: 27887 Item Summary: Florida Department of Transportation Office of Inspector General Audit Report for Collier MPO Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:22 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:22 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:21 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:25 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 12.B Packet Pg. 352 www.fdot.gov Florida Department of TRANSPORTATION Office of Inspector General Kristofer B. Sullivan, Inspector General Audit Report No. 23I-013 December 22, 2023 Collier Metropolitan Planning Organization What We Did The Florida Department of Transportation’s (Department) Office of Inspector General conducted an audit of the Collier Metropolitan Planning Organization’s (MPO) accounting and financial management policies, procedures, and processes. Additionally, we reviewed Grant Agreement (Agreement) G2821 to ensure invoices and expenses are in accordance with federal regulations, state statutes, and Department policies, and procedures. This audit was conducted as part of the Fiscal Year 2022-23 annual audit plan. What We Found We determined Collier MPO’s current written accounting policies and procedures are in accordance with federal regulations, state statutes, and Department policies and procedures. We determined that Collier MPO is compliant with the use of funds allocated and expended for allowable, reasonable, necessary, and allocable costs for Agreement G2821 following Title 2, Part 200, Code of Federal Regulations (C.F.R) - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E-Cost Principles. We also determined all four invoices were submitted within 90-days as required by the Agreement. What We Recommend There are no recommendations. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 353 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 2 of 16 TABLE OF CONTENTS BACKGROUND AND INTRODUCTION 3 RESULTS OF REVIEW 6 Finding 1 – Compliance of Written Policies and Procedures 6 Finding 2 – Financial Management Controls 7 APPENDIX A – Purpose, Scope, and Methodology 9 APPENDIX B – Affected Entity Response 10 APPENDIX C – Management Response 11 DISTRIBUTION 12 PROJECT TEAM 13 STATEMENT OF ACCORDANCE 13 ATTACHMENT 1 – Criteria Summaries 14 DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 354 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 3 of 16 BACKGROUND AND INTRODUCTION Metropolitan Planning Organizations In 1973, the Federal-Aid Highway Act mandated the creation or designation of Metropolitan Planning Organizations (MPOs) for urbanized areas with populations greater than 50,000 people. MPOs are federally mandated Transportation Planning Organizations (TPOs), comprised of representatives from local governments and transportation authorities, which help ensure federally funded transportation projects support local priorities. In Florida, MPOs may be referred to interchangeably as MPOs, TPOs, or Transportation Planning Agencies (TPAs). There are 27 MPOs across the state of Florida. Typically, each MPO has been founded by an Interlocal Agreement, executed under Title XI, Chapter 163 of Florida Statutes (F.S.), among the various county, city, and other local governments in the area to be served. Many MPOs also execute a separate service agreement with a participating local government to obtain administrative services or other support (e.g., office space), often at below-market rates. The terms of these arrangements vary widely. The Center for Urban Transportation Research (CUTR) at the University of South Florida, under the direction of the Florida MPO Advisory Council (MPOAC), classified the MPOs into two categories, hosted and independent, and five subcategories, ranging from being fully independent (freestanding) to being so thoroughly integrated with the host agency that they are nearly indistinguishable from the host (all-in-one agency). Figure 1 illustrates the CUTR classification model, as applied to Florida’s MPOs. Figure 1: CUTR Model Source: A snapshot of Florida MPOs – MPOAC; modified by the Office of Inspector General (OIG) DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 355 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 4 of 16 The Florida Department of Transportation’s (Department) Office of Policy Planning (OPP) uses the CUTR model to classify MPO governance structures. The MPO carries out four primary activities: • Develop and maintain a Long-Range Transportation Plan (LRTP), which addresses no less than a 20-year planning horizon. • Update and approve a Transportation Improvement Program (TIP), a four-year highway and transit improvement program. In Florida, MPOs are required to develop and adopt a TIP annually that includes a five-year program of projects. The fifth year is included for illustrative purposes. • Develop and adopt a Unified Planning Work Program (UPWP), which identifies the MPOs budget and planning activities that are to be undertaken in the metropolitan planning area. • Prepare a Public Participation Plan, which describes how the MPO involves the public and stakeholder communities in transportation planning. The MPO also must periodically evaluate whether its public involvement process continues to be effective. The Collier Metropolitan Planning Organization (MPO) The Collier MPO was established in 1982 following the Federal Highway Act which requires urbanized areas to develop transportation plans and programs as a condition to receive federal capital or operating assistance. The MPO is classified as a hosted, fully integrated agency led by an executive director. Collier MPO is currently governed by a nine-member board consisting of five Collier County Board of County Commissioners, two City of Naples Council members, one Everglades City Council member, and one City of Marco Island Council member. The Department is represented on the board as a non-voting member. Collier MPO, located within District One, in Naples Florida, is responsible for the development and implementation of a balanced, integrated, and multimodal program that efficiently serves as the framework for transportation planning. The MPO’s goal is to ensure that a continuing, comprehensive, and cooperative approach to planning for transportation needs is maintained and properly coordinated with other MPOs, the Department, and the Federal Highway Administration (FHWA ). Additionally, Collier MPO has an interlocal agreement1 with Lee County MPO. 1 Interlocal agreements allow for local governments to collaborate with other localities for mutual benefit, making the most efficient use of their powers possible. This agreement enables them to provide services and facilities in a way that best suits their forms of governmental organization and other factors that influence local communities' needs and development. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 356 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 5 of 16 Collier MPO’s Relationship with the Department The Department works closely with all 27 MPOs throughout the State of Florida. The Department provides both technical support via District MPO liaisons and financial support as a pass-through entity for federal funds. The liaison is responsible for ensuring compliance with both federal regulations and state statutes. Through the Consolidated Planning Grant2, the FHWA and the Federal Transit Administration (FTA) annually deliver lump sum appropriations to the Department to allocate to MPO ’s for metropolitan planning activities. Collier MPO and the Department executed an agreement on June 7, 2022, for Agreement G2821. This agreement states the terms and conditions upon which the FHWA funds will be provided and sets forth the manner in which work tasks and subtasks within the UPWP and the Collier MPO’s budget, will be undertaken and completed. For this audit, Agreement G2821 was selected for review and is budgeted for $1,906,648.00. 2 A Consolidated Planning Grant is utilized to merge funds from the FTA Metropolitan Planning Program and the State Planning and Research Program with FHWA Planning funds into a single consolidated planning grant. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 357 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 6 of 16 RESULTS OF REVIEW We conducted an audit of Collier MPO with the following objectives: Objective 1: Determine if Collier MPO’s written accounting policies and financial management procedures and processes are in accordance with the federal regulations, state statutes, and Department policies and procedures. Objective 2: Determine whether Collier MPO’s invoices and expenses are in accordance with federal regulations, state statutes, and Agreement G2821. Finding 1 – Compliance of Written Policies and Procedures We determined that Collier MPO’s written accounting policies and procedures are in accordance with federal regulations, state statutes, and Department policies and procedures. Collier MPO’s policies and procedures were tested against the following criteria: • Title 2, Part 200.302(a), Code of Federal Regulations (C.F.R) - Financial Management; • 2 C.F.R. 200.303(a)-(d) - Internal Controls; • 2 C.F.R. 200.415(a) - Required Certifications; • Section 163.01(1)-(2), Florida Statutes (F.S.), (2009) - Florida Interlocal Cooperation Act; • Section 215.86(2), F.S., (2020) Management systems and controls; • Section 215.97(1)(a)(d), F.S., (2021) Florida Single Audit Act; • Section 339.175(9), F.S., (2022) Unified Planning Work Program; and • State of Florida, Department of Transportation Metropolitan Planning Organization Agreement G2821. The complete criteria can be found in Attachment 1. Collier MPO’s accounting and financial management policies and agreements were reviewed for statutory criteria requirements, procedures to guide processes, and language that addressed internal controls, in accordance with federal regulations, state statutes, Department policies, procedures, and grant agreements. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 358 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 7 of 16 The following Collier MPO policies and procedures were reviewed and are in compliance with federal and statutory criteria. • Collier MPO Grant Management and Financial Management Policies and Procedures; • Collier County Standard Operating Process Manual; • Collier MPO Quality Assurance Checklist; • Collier MPO Chart of Accounts; • Collier MPO Training Plan for accounts receivable and payable; • Collier MPO Succession Plan; • Collier County Manager Agency Manual (CMA 5330); • Collier County Fleet Management system (CMA 5204); and • Collier County Motor Pool rental charge guidelines. There are no recommendations for this finding. Finding 2 – Financial Management Controls We determined that Collier MPO is compliant with the use of funds allocated and expended for allowable, reasonable, necessary, and allocable costs for Agreement G2821 following Title 2, Part 200, Code of Federal Regulations (C.F.R) - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Subpart E-Cost Principles. We also determined all four invoices were submitted within 90-days as required by the Agreement. The criteria used to test Collier MPO’s compliance with federal and state regulations and Department policies are as follows: • 2 C.F.R. 200.305(b) Payment; • 2 C.F.R. 200.328 Financial Reporting; • 2 C.F.R. 200.405(a)(1)(3) Allocable Costs; • 2 C.F.R. 200.415(a) Required Certifications; • Section 215.971(1)(d), Florida Statutes, (2021); • Department MPO Program Management Handbook; • Collier County’s County Management Agency Grant Coordination Handbook; and • State of Florida, Department of Transportation Metropolitan Planning Organization Agreement G2821. The complete criteria used for this finding can be found in Attachment 1 DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 359 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 8 of 16 Agreement G2821 specifies that the Department shall reimburse Collier MPO for costs incurred to perform services satisfactorily during a monthly or quarterly period in accordance with Scope of Work, Exhibit “A” and Section 11 (a) - Compensation and Payment. “Reimbursement is limited to the maximum amount authorized by the Department. Requests for reimbursement by the MPO shall include an invoice, an itemized expenditure report, and a progress report for the period of services being billed that are acceptable to the Department. The MPO shall use the format for the invoice, itemized expenditure report, and progress report that is approved by the Department. The MPO shall provide any other data required by FHWA or the Department to justify and support the payment requested.” Collier MPO provided four invoice packages for fiscal year 2022-23, all invoice packages contained a signed invoice, an itemized expenditure report, and the required supporting documentation. We reviewed all invoice packages which included 634 line- item expenses totaling $422,334.92. We tested against the criteria and determined that each expense on the four invoices was allowable, reasonable, necessary, and allocable in accordance with 2 C.F.R. 200.400, Subpart E. All invoices were submitted within 90- days as required by the Agreement. There are no recommendations for this finding. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 360 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 9 of 16 APPENDIX A – Purpose, Scope, and Methodology The purpose of this engagement was to determine if Collier Metropolitan Planning Organization (MPO) has written accounting policies and financial management procedures that are in accordance with federal regulations, state statutes, and Department policies and procedures. Additionally, to determine whether Collier MPO’s invoices and expenses are in accordance with federal regulations, state statutes, and Agreement G2821. The scope of this audit is Agreement G2821 FYs 2022-23 and 2023-24. The methodology included: Review of statutes, rules, regulations, Department policies, and procedures: Documentation reviews: • Collier MPO Grant Management and Financial Management Policies and Procedures; • Checklist created by the Collier County Grants Compliance Office for invoice reimbursement; • Collier MPO Quality Assurance Checklist; • Collier MPO Chart of Accounts; • Collier MPO Succession Plan; • Collier County Standard Operating Process Manual; • Collier County Procurement Manual Rev.3.0; • Collier County Manager Agency Manual - CMA 5330; • Collier County Fleet Management System - CMA 5204; • Collier MPO Invoice packages, progress reports, expenditure report, and supporting documentation; • Department MPO Program Management Handbook; • State of Florida, Department of Transportation, Metropolitan Planning Organization Agreement G2821; and • Collier MPO Single Audit Reports 2020, 2021, and 2022; Interviews with staff members: • Department, District One Staff; • Collier MPO Staff; and • Collier County Staff. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 361 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 10 of 16 APPENDIX B – Affected Entity Response On December 20, 2023, the OIG received an email response from Anne McLaughlin, Executive Director, Collier MPO, stating the acceptance of, and concurrence with, the Draft Audit Report findings. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 362 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 11 of 16 APPENDIX C – Management Response On December 21, 2023, the OIG received an email response from Mike Neidhart, Metropolitan Planning Administrator, stating the Office of Policy and Planning did not have any comments regarding the findings in the report. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 363 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 12 of 16 DISTRIBUTION Responsible Manager: Jennifer Fortunas, P.E., Director, Office of Policy Planning Mike Neidhart, Metropolitan Planning Administrator Romero Dill, Statewide MPO Coordinator Internal Distribution: Jared W. Perdue, P.E., Secretary, Department of Transportation Leda Kelly, Chief of Staff Will Watts, P.E., Assistant Secretary for Engineering and Operations Lisa Saliba, Assistant Secretary for Finance and Administration Kim Holland, P.E., Assistant Secretary for Strategic Development Huiwei Shen, Chief Planner Rebekah Davis, General Counsel Trey Tillander, P.E., Executive Director of Transportation Technology L.K. Nandam, P.E., District One Secretary John Kubler, Director of Transportation Development Wayne Gaither, Southwest Area Office Director, District One Victoria Peters, Planning Specialist IV Liaison, District One External Distribution: Melinda Miguel, Chief Inspector General, Executive Office of the Governor Sherrill Norman, Auditor General, State of Florida Jamie Christian, Florida Division Administrator, Federal Highway Administration Ralph Yoder, Executive Director, Florida Transportation Commission Greg Folley, MPO Chairperson, City Council Chairman, Marco Island Anne McLaughlin, Executive Director, Collier Metropolitan Planning Organization DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 364 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 13 of 16 PROJECT TEAM Engagement was conducted by: Cory Barker, Auditor Under the supervision of: Andrea Sistrunk, Senior Audit Supervisor Jessica Mobley, Deputy Audit Director for Intermodal Joseph W. Gilboy, Director of Audit Approved by: Kristofer B. Sullivan, Inspector General STATEMENT OF ACCORDANCE The Department’s mission is to provide a safe transportation system that ensures the mobility of people and goods, enhances economic prosperity, and preserves the quality of our environment and communities. The Office of Inspector General’s mission is to provide independent and objective investigative and audit services that promote accountability, integrity, and efficiency within the Florida Department of Transportation and its partners. This work product was prepared pursuant to section 20.055, Florida Statutes, in accordance with the Association of Inspectors General Principles and Standards for Offices of Inspector General, and conforms with The Institute of Internal Auditors’ International Standards for the Professional Practice of Internal Auditing. Please address inquiries regarding this report to the Department’s Office of Inspector General at (850) 410-5800. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 365 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 14 of 16 ATTACHMENT 1 – Criteria Summaries 2 C.F.R. 200.302(a)-Financial Management Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state’s own funds. In addition, the state’s and other non -Federal entity’s financial management systems, including records documenting compliance with Federal statutes, regulations, and the terms and conditions of the Federal award, must be sufficient to permit the preparation of reports required by general and program - specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used according to the Federal statutes, regulations, and the terms and conditions of the Federal award. 2 C.F.R. 200.303(a)-(d)-Internal Controls Non-Federal entity is responsible for: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. (b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. (c) Evaluate and monitor the non-Federal entity's compliance with statutes, regulations and the terms and conditions of Federal awards. (d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. 2 C.F.R. 200.305(b)-Federal Payments: For Non-Federal entities other than states, payments methods must minimize the time elapsing between the transfer of funds from the United States Treasury or the pass-through entity and the disbursement by the non- Federal entity whether the payment is made by electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means. See also § 200.302(b)(6). Except as noted elsewhere in this part, Federal agencies must require recipients to use only OMB-approved, governmentwide information collection requests to request payment. 2 C.F.R. 200.328-Financial Reporting Unless otherwise approved by OMB, the Federal awarding agency must solicit only the OMB-approved governmentwide data elements for collection of financial information (at time of publication the Federal Financial Report or such future, OMB-approved, governmentwide data elements available from the OMB-designated standards lead. This information must be collected with the frequency required by the terms and conditions of the Federal award, but no less frequently than annually nor more frequently than quarterly except in unusual circumstances, for example where more frequent reporting is necessary for the effective monitoring of the Federal award or could significantly affect program outcomes, and preferably in coordination with performance reporting. The Federal awarding agency must use OMB-approved common information collections, as applicable, when providing financial and performance reporting information. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 366 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 15 of 16 2 C.F.R. 200.405(a)(1)(3)-Allocable Costs A cost is allowable to a particular Federal award or other cost objective if the goods or services involved are chargeable or assignable to that Federal award or cost objective in accordance with relative benefits received. Is incurred specifically for the Federal award; is necessary to the overall operation of the non-Federal entity and is assignable in part to the Federal award in accordance with the principles in this subpart. 2 C.F.R. 200.415(a)-Required Certifications To assure that expenditures are proper and in accordance with the terms and conditions of the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment under the agreements must include a certification, signed by an official who is authorized to legally bind the non-Federal entity, which reads as follows: “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729–3730 and 3801–3812). Section 163.01(1)-(2), Florida Statutes (2009)- Florida Interlocal Cooperation Act (1) This section shall be known and may be cited as the "Florida Interlocal Cooperation Act of 1969." (2) It is the purpose of this section to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will acco rd best with geographic, economic, population, and other factors influencing the needs and development of local communities. Section 215.86(1)-(5), Florida Statutes (2023)- Management systems and controls Each state agency and the judicial branch as defined in s. 216.011 shall establish and maintain management systems and internal controls designed to: (1) Prevent and detect fraud, waste, and abuse as defined in s. 11.45(1). (2) Promote and encourage compliance with applicable laws, rules, contracts, and grant agreements. (3) Support economical and efficient operations. (4) Ensure reliability of financial records and reports. (5) Safeguard assets. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 367 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier Office of Inspector General Florida Department of Transportation Audit Report No. 23I-013 ● Page 16 of 16 Section 215.971(1)(d), Florida Statutes (2021)- Agreements funded with federal or state assistance. A subrecipient and recipient must expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Section 339.175(9), Florida Statutes (2022)-Unified Planning Work Program Each M.P.O. shall develop, in cooperation with the department and public transportation providers, a unified planning work program that lists all planning tasks to be undertaken during the program year. The unified planning work program must provide a comp lete description of each planning task and an estimated budget therefore must comply with applicable state and federal law. MPO Handbook 3.10 MPO Invoicing: The MPO Agreement requires MPOs to submit invoices to FDOT on a quarterly or monthly basis. At a minimum, the invoice package shall include an invoice (with the prescribed format), an itemized expenditure detail report, and a progress report. MPO Handbook 3.10.2 Itemized Expenditure Detail Report: No prescribed format for itemized expenditure detail report but must reflect certain criteria (outlined in the Handbook). MPO Handbook 3.10.3 Progress Report: Progress reports are to be used to monitor the implementation of the UPWP and must be accompanied by each invoice an MPO submits to the District. DocuSign Envelope ID: 9DA22A27-24A7-4AE0-BE56-24BF24486F54 12.B.1 Packet Pg. 368 Attachment: FDOT OIG Audit Report No. 23I-013 for Collier MPO (12/2023) (27887 : FDOT Office of Inspector General Audit Report for Collier 02/09/2024 EXECUTIVE SUMMARY Federal Highway Administration Extends Deadline for MPOs to Establish Greenhouse Gas Emissions Targets OBJECTIVE: For the Board to receive a copy of the Federal Highway Administration (FHWA) Memorandum extending the deadline for initial targets and reports on Greenhouse Gas (GHG) Emissions performance measure targets. CONSIDERATIONS: Florida is one of 22 states that have challenged FHWA in federal court regarding the publication of its final rule for assessing the performance of the National Highway System (NHS) related to reducing GHG emissions. (Attachment 1) Due to the ongoing negotiations in the court cases, FHWA has agreed to extend the deadline for states to submit initial targets and reports from February 1, 2024, to March 29, 2024. MPOs are due to establish targets no later than 180 days after the State DOT establishes their targets. (Attachment 2) COMMITTEE RECOMMENDATIONS: N/A. STAFF RECOMMENDATION: N/A. (provided for informational purposes.) Prepared By: Anne McLaughlin, MPO Director ATTACHMENT(S) 1. FDOT Press Release Challenging GHG Final Rule December 21, 2023 (PDF) 2. FHWA Memorandum on GHG emissions target setting January 26, 2024 (PDF) 12.C Packet Pg. 369 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 12.C Doc ID: 27888 Item Summary: Federal Highway Administration Extends Deadline for MPOs to Establish Greenhouse Gas Emissions Targets Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:25 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:25 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:23 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:27 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 12.C Packet Pg. 370 Florida Department of Transportation RON DESANTIS GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 JARED W. PERDUE, P.E. SECRETARY For Immediate Release December 21, 2023 Contact: FDOT Communications Office (850) 414-4590 | FDOTCommunicationsOffice@dot.state.fl.us ICYMI: Attorney General Moody and Governor DeSantis Challenge Biden Administration Rule Requiring States Set Targets to Reduce On-Road CO2 Emissions TALLAHASSEE, Fla. – Attorney General Ashley Moody is pushing back against the Biden administration’s federal overreach. Attorney General Moody, with the support of Governor Ron DeSantis, filed a lawsuit challenging a new Biden administration rule requiring all states with National Highway System mileage to set arbitrary emissions targets. In addition to today’s announcement, Florida’s foresight and prudent fiscal management practices are now the standard-bearer amongst states given FDOT being the sole state to take the responsible step by no longer participating in USDOT’s carbon reduction program. According to this new rule, states are required to set arbitrary targets for reduced CO2 emissions, to track progress towards said targets and report to the federal government goal progress. This rule forces states to spend an inordinate amount of time, resources and money with no clear guidance for what success looks like. The complaint argues that Congress has not given the U.S. Department of Transportation the authority to regulate greenhouse gas emissions. Attorney General Ashley Moody said, “As if Biden’s unfounded and reckless energy policies haven’t devastated our economy enough, this new, foolhardy edict from the U.S. Department of Transportation will create even more financial hardships for our state and Floridians. We’re taking action today to ensure that this misguided new-emissions rule does not stand.” Governor Ron DeSantis said, “Florida will not sit idly by while the Biden Administration tries to force the Green New Deal into existence through the U.S. Department of Transportation. Florida will always fight for freedom and against the federal government’s unlawful efforts to control the American people.” Florida Department of Transportation Secretary Jared W. Perdue, P.E. said, “FDOT has continued to voice concerns about the rule for well over a year, yet never received complete answers before the rule was finalized—clearly showing it was done to push the federal government’s agenda for the Green New Deal and is not reflective of a collaborative effort from states across the country. Operating in this manner is irresponsible and reckless, which 12.C.1 Packet Pg. 371 Attachment: FDOT Press Release Challenging GHG Final Rule December 21, 2023 (27888 : FHWA Extends Deadline for MPOs to Establish is why Florida proudly stands united with these other states to safeguard the freedoms that this nation is so well known for.” In the complaint filed today in federal court, Attorney General Moody and a 21-state coalition of attorneys general assert that DOT’s Federal Highway Administration overstepped its legal authority. The coalition writes, “Congress has not given FHWA or USDOT authority to regulate greenhouse gas emissions (‘GHG’). Nor can the Agencies compel the States to administer a federal regulatory program or mandate them to further Executive policy wishes absent some other authority to do so—which is lacking as to this rule.” The action also makes clear that the proposed measure violates the principles of federalism by requiring states to implement a federal regulatory program. The complaint explains: “The Constitution is also clear that action by the States cannot be mandated through federal action like the Final Rule. ‘The Federal Government may not compel the States to enact or administer a federal regulatory program.’ [because] ‘the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day.’” Accordingly, “[e]ven if Congress believed the Final Rule was the best means of reducing CO2 in order to address climate change, the States could not be directed to implement the policy choices of the federal government.” Further, the attorneys general note that FHWA previously issued a similar rule, soon repealed after the agency determined that the measure may duplicate “existing efforts in some States” and imposed “unnecessary burdens on State DOTs and MPOs [metropolitan planning organizations] that were not contemplated by Congress.” In addition to Attorney General Moody, the following states signed onto the complaint: Alabama, Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Utah, Virginia, South Carolina, South Dakota, West Virginia, and Wyoming. Read the complaint here. ### www.fdot.gov | Twitter: @MyFDOT | Facebook: @MyFDOT The Florida Department of Transportation’s mission is to provide a safe transportation system that ensures the mobility of people and goods, enhances economic prosperity, and preserves the quality of the state’s environment and communities. The department is committed to building a transportation system that not only fits the current needs of Florida’s residents and visitors, but also enhances mobility throughout the state to accommodate its consistent and rapid growth. The unique nature of the Sunshine State and its year-round warm climate provides numerous opportunities to achieve the department’s mission through multiple transportation modes including highways/streets, air, rail, sea, spaceports, transit, and the ever-expanding deployment of bicycle & pedestrian facilities. 12.C.1 Packet Pg. 372 Attachment: FDOT Press Release Challenging GHG Final Rule December 21, 2023 (27888 : FHWA Extends Deadline for MPOs to Establish Memorandum Subject: INFORMATION: Deadline for Initial Targets and Reports for Greenhouse Gas Measure Date: January 26, 2024 rom: Hari Kalla In Reply Refer To: Associate Administrator for Infrastructure HIF-1 and HEP-1 Emily Biondi Associate Administrator for Planning, Environment, and Realty To: Directors of Field Services Division Administrators On December 7, 2023, the Federal Highway Administration (FHWA) published a final rule establishing a performance measure for assessing the performance of the National Highway System related to greenhouse gas (GHG) emissions. 88 FR 85364. The final rule became effective on January 8, 2024. See id. Among other things, the final rule requires States to establish initial declining targets along with their initial reports by February 1, 2024. See 23 CFR 490.105(e)(1) and 490.107(d). Twenty-two States have challenged the rule in federal court. See State of Texas, et al. v. USDOT, et al. (N.D. Tex., Civil Action No. 5:23-cv-304) and Commonwealth of Kentucky, et al. v. FHWA, et al. (W.D. Ky., Civil Action No. 5:23-cv-162). Pursuant to negotiations in these cases, the FHWA has agreed that it will not seek to enforce the February 1, 2024, deadline for States to submit initial targets and reports, until March 29, 2024. FHWA nevertheless encourages States to submit initial declining targets and reports as soon as possible. Earlier initial target and report submittal allows States more time to consider amendments to their initial targets based on updated information for the next performance reports that are due on October 1, 2024. The MPOs are due to establish targets no later than 180 days after the State DOT establishes their targets. See 23 CFR 490.105(f). Please share this memorandum with your respective State departments of transportation. Additional information concerning the final rule can be found on the FHWA’s website at https://www.fhwa.dot.gov/tpm/rule.cfm. For information concerning the implementation of the final rule, please contact John Davies at johng.davies@dot.gov, or Alexis Kuklenski at alexis.kuklenski@dot.gov. For 12.C.2 Packet Pg. 373 Attachment: FHWA Memorandum on GHG emissions target setting January 26, 2024 (27888 : FHWA Extends Deadline for MPOs to Establish 2 legal questions, please contact Lev Gabrilovich, Senior Attorney Advisor, at (202) 366- 3813. 12.C.2 Packet Pg. 374 Attachment: FHWA Memorandum on GHG emissions target setting January 26, 2024 (27888 : FHWA Extends Deadline for MPOs to Establish 02/09/2024 COLLIER COUNTY Metropolitan Planning Organization Item Number: 13.A Doc ID: 27889 Item Summary: Next Meeting Date: March 8, 2024, 9:30 a.m. Board of County Commissioners Chambers, 3299 E. Tamiami Trail, Naples, FL, 34112 Meeting Date: 02/09/2024 Prepared by: Title: – Metropolitan Planning Organization Name: Suzanne Miceli 02/01/2024 11:30 AM Submitted by: Title: Executive Director - MPO – Metropolitan Planning Organization Name: Anne McLaughlin 02/01/2024 11:30 AM Approved By: Review: Transportation Management Operations Support Suzanne Miceli MPO Analyst Review Skipped 02/01/2024 11:30 AM Metropolitan Planning Organization Anne McLaughlin MPO Executive Director Review Completed 02/01/2024 11:33 AM Metropolitan Planning Organization Anne McLaughlin Meeting Pending 02/09/2024 9:30 AM 13.A Packet Pg. 375