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Agenda 05/27/2025 Item #16B 3 (Approve the Fourth Amendment to the Collier Metropolitan Planning Organization’s (the “MPO”) Lease Agreement extending the agreement to June 30, 2028)5/27/2025 Item # 16.B.3 ID# 2025-1384 Executive Summary Recommendation to approve the Fourth Amendment to the Collier Metropolitan Planning Organization’s (the “MPO”) Lease Agreement extending the agreement to June 30, 2028, and increasing the annual rent and common area maintenance to $13,875, and the Amended and Restated Staff Services Agreement between the MPO and the Collier County Board of County Commissioners (the “Board”). (Transportation Operating Fund 1001) OBJECTIVE: To amend the current Lease Agreement and the Staff Services Agreement between the County and the MPO. CONSIDERATIONS: On October 23, 2012, the MPO entered into a Lease Agreement (the “Lease”) with the County to use 663 square feet of office space within the Growth Management Department at 2885 South Horseshoe Drive (Agenda Item 16.A.2). The County approved the First Amendment to the Lease on June 28, 2016, extending the term through June 30, 2019 (Agenda Item 16.A.6). The County approved a Second Amendment to the Lease on May 28, 2019 (Agenda Item 16.A.13), which further extended the term through June 30, 2022, and increased the annual rent from $20 per square foot to $21 per square foot (Rent plus Common Area Maintenance (“CAM”). On May 24, 2022 (Agenda Item 16.A.15), the County approved a Third Amendment to the Lease further extending the term through June 30, 2025, and increasing the annual rent from $21 per square foot to $23 per square foot (Rent plus CAM). Staff is requesting approval of the attached proposed Fourth Amendment to Lease, which extends the term through June 30, 2028, and increases the annual rent from $23 per square foot to the current market rate of $25 per square foot (covering a smaller rental area consisting of 555 square feet of office space), which amounts to a quarterly rental rate of $3,468.75 ($13,875 annually). Also attached for approval is an Amended and Restated MPO Staff Service Agreement, which sets forth the agreement of the parties regarding the County’s furnishing of various staff to the MPO, equipment and workspace, to reflect the change in the rental amount set forth in the proposed Fourth Amendment to the Lease. The Staff Services Agreement remains in effect for three years from the date of approval and is revisited prior to that termination date to determine whether any revisions are warranted. The MPO Board approved the Fourth Amendment to the MPO Lease Agreement and the Amended and Restated MPO Staff Services Agreement at its March 14, 2025, meeting. Staff is recommending approval of both agreements. This item is consistent with the Infrastructure and Asset Management element of Collier County’s Strategic Plan by developing and utilizing partnerships to ensure that government facilities meet public expectations. FISCAL IMPACT: Lease expenses are funded by the MPO Grant Agreement for Planning (PL), Transportation Grants Fund (1841), Project (33908). This is a triennial agreement expiring June 30, 2025, a new agreement will be executed for funding starting July 1, 2025, through the term of the amended lease agreement. Revenues will be collected in quarterly installments of $3,468.75 in Transportation Operating Fund (1001) Cost Center 163609. GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier County’s Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: To approve the Fourth Amendment to the MPO Lease Agreement and the Amended and Restated MPO Staff Services Agreement between the Collier Metropolitan Planning Organization and the Collier County Board of County Commissioners, and direct the Chairman to sign the attached Agreements. PREPARED BY: Tara Castillo, Financial Operations Manager, Transportation Management Services Department Page 1818 of 7924 5/27/2025 Item # 16.B.3 ID# 2025-1384 ATTACHMENTS: 1. MPO Approved Amended and Restated Staff Services Agreement 03.14.25 2. MPO Approved Fourth Amendment Lease Agreement 03.14.25 3. MPO Approved Amended and Restated Staff Services Agreement 05.24.22 4. MPO Approved Third Amendment Lease Agreement 05.24.22 5. MPO Approved Second Amendment Lease Agreement 05.28.19 6. MPO Approved Amended and Restated Staff Services Agreement 05.28.19 7. MPO Approved Lease 06.28.16 8. Executed MPO Staff Services Agreement 2012 Page 1819 of 7924 Page 1820 of 7924 Page 1821 of 7924 Page 1822 of 7924 Page 1823 of 7924 Page 1824 of 7924 Page 1825 of 7924 Page 1826 of 7924 Page 1827 of 7924 Page 1828 of 7924 Page 1829 of 7924 Page 1830 of 7924 Page 1831 of 7924 Page 1832 of 7924 Page 1833 of 7924 Page 1834 of 7924 Page 1835 of 7924 Page 1836 of 7924 Page 1837 of 7924 Page 1838 of 7924 Page 1839 of 7924 Page 1840 of 7924 Page 1841 of 7924 Page 1842 of 7924 Page 1843 of 7924 Page 1844 of 7924 Page 1845 of 7924 Page 1846 of 7924 AMENDED Anir) RESTATEp MPO STArX' SERVTCES_i.SREEMENT THIS AMBNDED AND RESTATDI} MPO STAFF SERVI(X,S AGREEMENT is made by and between the Collier Metropolitan Planning Organization (the *MPO'') and Collier County, Florida, a political subdivision of the State of fUriau, eff[ective thr" llS day of /hel 2022. WTINESSETH: WIIEREAS, the MPO, pursuant to the power conferred upon it by Section 339,175, Florida Statutes, and Article 5 of the Amendsd And Restated Interlocal Agreement for Creation of the Collier Metropolitan Planning Organization (the *Interlocal Agreemenf') between the Florida Department of Transportation ('FDOT"); Collier County (the *County'); the City of Marco Island; the City of Naples; and Everglades City, dated February 26,2075, which was subsequently Amended and Restated eflective May 28, 2079, the MPO may employ personnel and/or enter into agreements, with local and/or State agencies to utilize the staff resources of such agencies or for the performance of certain services by such agencies as necessary to fuIfill its responsibilities and obligations as required by law; and WHEREAS, pursuant to the aforesaid Interlocat Agreement executed betwoen the Courty, the City of Marco Island, the City of Naples, Everglades City ard the FDOT, it is contemplated that County personnel will perform the substantial portion of each task provided for in 23 Code of Federal Regulations (CFR) Part 450 and Chapter 339.175 Florida Statutes as trecessary to carry out the continuing, cooperative and comprehensive tansportation planning process mandated by federal regulations as a condition precedentto the receipt of federal capital or operating assistance in the urbanized area; and WIIEREAS, Section 339.175, Florida Statutes provides, in part, that a Metopolitan Planning Organizations' Executive Director reports direotly to his or her Governing Board, and that the Executive Director and staffare employed by the Metropolitan planning Organization or thnough a staff services agreement between the Metropolitan Planning Organization and another governmental entity; and WIIEREAS, it is deemed by the parties to be appropriate and necessary tbat the duties and obligation of the County, in telation to its role providing staff and services to the MPO, be defined and fixed by formal agreement. NOW TIIEREI'ORE, in consideration of the mutual covenants, premises, and representations herein, the parties agree as follows: 1.00 Purpole For the reasons recited in the preamble, which are hereby adopted as part hereof, this Agreement isto provide for professional services to carry out the temrs of the Inletlocal Agreement and any other agreement to which the MPO is a pargr, and to provide staff servicer *d rupport for thl I @Page 1847 of 7924 administatioo of the MPO. 2.00 ScoPe gf Sen'icos It is agreed W &e Countl frat it shall fumish the MPO with the staffnecessary for profesfional, ;;hrfi"l, uai"inirt"tiur, and clerical senices, equipmen! office and other sPoE, and other inoidental itsms as;, b" required and necessary to manage the business and alfairs of the MPo *a to ca6y on Ae takportation planning and irograaming process speoified by the lnterlooal n gr""*"ot and any othei a$cement t9 1f,ioh tn" nfoO it u p*ty; provided' it is rrnderstood and d;J th"t, untess ;rh"*;" prorided for, theperformmgaof such senrico and funotions shall be limited to those spiom"d *a ato"utoi to tu" county in the annual Unified Planning Work P;"grr"t (UPT[IP) Uriagtt and all approved budgets and management reqoS under federal or State grant contractsrfrth the MPOI The County;s annual cirge zu lu$$iry office space to th; IrffO, including all common area maintenance and utility costs, shall be $15'249; as more rdilt""lty providJtl in a sepaate lease agreement executed by the parties' To minimize disruptiog the County shatl firnish fte MPo with the aforementioned office anrd other space so as to be'continuously co-located with the Collier Cormty Growth Managemerrt p"pi'ffi; *o rrun make r*ro*bt* efforts to avoid freErent relocation of said office and other space. The MpO is responsible for the selection of and execrfrion of an employrnent agreemgnt wi-th, the Executive Direstor of the MPO. naoh yea, th! MPO shall revieur md evaluats the prrf;;* of the upo e*r"oti* Director ii accordance with the performance-based merit ii;", ; p*ria.a in the Collier Metopolitan Planning OrgaoizationlExeortive Director EmplcrymentAgreement The Mpo au&orizes the Mpo Executive Director to secrne FDOT approval for amendment of gpWp tasks, *ti"tr "U*g" their dollar value by an aryount less than or equat to $25,000, and which do noi chmge &eiiscope or the total approved firndl for the IrPwP. Any amendment of the uPWP grearer than $25,000 shall require the approval of tho MPo. The UpWp shall be prepared by the MPO Staffin cooperation with atl rclated State and federal agencies aad MPO "o.-iff"e* in accordance with the rules aud regulations governingthe MPO aid shall be subject to the approval offre MPO before submittal to State or federal agencies. 2,01 MPOExecutiveDirector The MPO Erecutive Director shall be responsible to the MPO for the conduct of the fransportation planning process as detailed in the UPSIP as well as the appoinfuent, assignment, direchon, and controt of all personnel necessary tlrereto; the dwelopment of an appropriate organizational stnrcture to carry out the responsibilities set forth in the Agreenrenfi and the development of procedues to monitor and cootdinate tlre planning process, as well as tlre overall administration of MPO programs- f,hanges to the number of MPO staffl positions shall be subject to the approval of the MPO Board. 2 d;h \L't-lPage 1848 of 7924 2.05 FinancialAdministration a. The financial records and accounts of the MPo including revenue receipts and expenditures shall be administered by the county in accordance with its o[dinary procedures. b. contracts and bids for the purchase of MPo materials and services shall be in accordance with county procedures for the same pwposes and the MPo adopts by reference the county's Purchasing ordinance, Policy and any administrative r.egulationsgovemingprocuementmatters.TheMPoshallreviewandappr.ove aliRequests-for Propoials (RFP), Requests for Professional Services (RPS), and subsequent contracti. contracts and bids for the purchase of materials and servicis using PL, FTA and TD funds allocated to the MPO and idenlified in the UPWP will be in accordance with County procedures, but any actions taken within the authority of the MPO relating to such matters shall be independent of Board of County Commissioners (BCC) approval' c. Through the adoption of this Agreement, the MPO adopts the united states Deparlment of Transportation,s goals regmding the procurement of services from {irms registered as DisadvantagJd Business Enterprises (DBE)' In addition, the MPO adopted a DBE Policy in accordance with FDOT's DBE Plan' 2.06 Information Technology and Office Equipment .a.TheMPomayneedtopurchase,maintainandupgladeofficeequipment,ofEce/ computer hardware, software, and other resources. This may include, but is not fimftd to, the purchase of office equipment such as printers, facsimile machine, copier, computirs and hardware upgrades, reference documents, software and supporting maintenance. Grant flrnds allocated to the MPO and identified in the UpWp foi such r"quirements will be used. All resources purchased by the MPO shall be the prope(y of the MPO. Collier County's Information Technology department is responsible for all maintenance of MPO computers and may be paid for services through annual interdepartmental allocations. The Executive Director and MPO staff shall comply with all County rules goveming the use of the County's computer network. @ b. All proposed equipment purchased by the MPO with grant fimds must comply with 2 C.F.R. Part 200 and all other applicable rules, regulations and laws (both State and federal), as appropriate. 4 Page 1849 of 7924 2.07 County StaffAssistance a. The MPO may on occasion request additionaL adminishative or public relations assistance due lo MPO stafftumover or atkition. Such temporary assistance may be provided upon the MPO Executive Director and the County Marrager or his/her- desigfrated representative reaching agreement on the re-allocation of County personnel on a case-by-case basis. b. The MPO may on occasion request GIS assistance to update various MPO maps and GIS data fi|ei. Such assistance rnay be provided upor agreement reached in the same manner set forth in the above subsection (a). c. If the MPO utilizes such temporary assistance from the County, the County will be reimbursed through an interdeparknental transfer at the actual cost of the utilized employee's salary, plus any other aotual documented additional cost. County staff timi spent *pportiog MPO activities shall be documented on the MPO timesheet, approved by the MPO Executive Director. 3.00 Reimbursementto the CountY The MpO hereby agrees that it shall reimburse the Courty for all services rendered under this Agreement as specified in the tlP\lt/P budget and all approved budgets unier fideral or State gr;t contragts withthe MPO. The deterrnination of eligible costs shall be in accordanoe with 2 6fn $ 200 and all other applicable nrles, regulations, and larrs (both State and federal), as opproiri^tr. Adminisnation-over grants will also followthepolicies-and procedures set forth in tti Co""ty's Grant Administation llandbook and CMA 5330, which is compliant with 2 CFR Part 200. 3.01 Local Shre The MPO will provide cash or in-kind services for the requfued match for federat funds from the Federal Higfuway Administratioa (FI{SIA), the Federal Transit Associafion (FTA), FDOT and the Florida Commission for Trartsportrtion Disadvantaged (CTD), whqe appropriate. These funds may also be derived from financial contibutions made by the MPO's me'lnber local governments, including Collier County and the Cities of Naples, Ilv{arco Island and Everglades City. 3.02 Invoices and Prcgress Reports The MPO shall provide to the FDOT or appropriate federal agencies quarterly progre.ss rcpoffis md invoices for reimbursement for all federal grant$ with FIIWA, FTA md State grants received through the Cm. The progress rqrorts and invoices shall be in sufficient detail for auditpurposes, 5 (7,,,Y/Page 1850 of 7924 3.03 Payment Payment to the County of all monies by the MPO is contingent upon ttre lr1P9 fitst receiving the fimds for the work tasks from the FDOT, FHU/A, FTA or CTD. Requests for County services may not be made unless sufficient funding is available to reimburse the County for related oipenditures. 3.04 Travel Expenses Reimbursement from federal and State fimds for per diem and mileage e)[penses incurred by MpO staff and Board members for MPO business strall be consistent with the federal govemmentrates. 4.00 Infotmation and RePorts The Cognty will provide all required information and reports and will pennit access to its books, records, accounts, and other rour.es of information, and its facilities uE rnay be determined by FDOT, FHWA' oi ff6 to be pertinent to ascertain compliance with such regulalions, otders, and instuctions. Whsre any information requircd of the County is in the exclusive possession of another who fails or refuses to firnish this information, the County shall ceniff to EDOT, FHS/,q" or FTA as appropriate, and shall set forth what efforts it has made to obtain the information. 5.00 Continuity of Operations PIan (COOP) The MPO shall adhere to Collier MPO's Continuity of Operations Plan (COOP). The COOP is consistentwithCollier County's Coruprehensive Emergency Management Plau(CEMP). Collier County shall provide the tvipO witf, an alternate facitity for a reasonable pedod if one is required. 6.00 Arnendment of Agreement The Cormty and the MPO may, upon initiation of either patty, arnend this Agreement to cure any mrbiguity, dofect, omission or to grant any additional powers, or to confer additionat duties which are consistent with the intentand puqpose of this Agreement. This Agreement shall become effective upon approval by the MPO and the County and remain in eftct for a pedod of tlree yeils. At that time, the MPO shall review this Agreemelrt to determine if any changes are warranted. 6 ,:-, . ',, :- I :_'Page 1851 of 7924 IN WITNESS WHEREOF, the undersigned parties have caused this Staff Services Agrcement to be duly executed on their behalf as of the effective date set forth above. COLLIERCOI]NTY BOARD OF COUNTY COMMISSIONERS By: ssioner William L. McDaniel, h., ATTEST: of the Circuit Deputy COLLIER METROPOLITAN PLANNING ORGANIZATION B Council Member Perry Collier MPO Chair ATTEST: BY: Ame Collier Director BY: AS legality: T Deputy County Attomey 1 -)Executi Crystal K. :.' A&dF Page 1852 of 7924 TIIIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT ("Amendment') is entered into this 2'1$- auy of hav , 2022, by and between COLLIER M ETROPOLITAN PLANN tNG ORGA'frEATION ( COL L I ER M PO) transportation plannin g agency created pursuant to F.S. 339.175, whose mailing address is 2885 South Horseshoe Drive, Naples, Florida 34104, hereinafter referred to as "Lessee," and COLLIER COLNTY, a political subdivision of the State of Florid4 hereinafter referred to as "Lessor," collectively stated as the "Parties." RECITALS: WHEREAS, Lessee and Lessor entered into a Lease Agreement dated October 23,2012, a copy ofwhich is attached hereto; and WHEREAS, the "Agreement Term," pursuant to Paragraph 6 of the Lease Agreement was October 23, 2012 through June 26,2014, subject to renewals provided therein; and WHEREAS, the Lease Agreement was automatically renewed pusrxrnt to t}re provisions set forth in Paragraph 6; and WHEREAS, on June 28, 2016, the Parties entered into a First Amendment to the Lease Agreement further extending the termination date of the Lease Agreement through June 30, 2019, a copy of which is attached hereto; and WHEREAS, on May 28, 2019, the Parties entered into a Second Amendment to the Lease Agreement increasing the rental rate by $1.00 per sq. foot, to a total of $21.00 per sq. foot, and further extending the termination date of the Lease Agreement through l:une 30, 2022, a copy of which is attached hereto; and WHEREAS, the Parties wish to furtho amend the Lease by extending the termination date ofthe Lease Agreement for an additional three-year period through and including June 30, 2025, and by increasing the rental rate from $21.00 per square foot to $23.00 per square foot (for 663 square f-eet of office space), which amounts to annual rental amount of $15,249. WITNESSETH: NOW, TIIEREFORE, in coosideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the Parties agree as follows: 2. Numbered Paragraph 7 of the Lease Agreement is amended, as follows: I Page I of3 @ The termination date set forth in Paragraph 6 ofthe Lease Agreement is hereby extended to June 30, 2025. Page 1853 of 7924 7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum of $34SOg5 $g.gtZ.rt quarterly, which sum shall be due and payable on or before the following dates of each year of the lease: October 1't, January I il, April l't, and July l't. The effective date of the new rental rate shall commence ort lttly 1,2022.3 4 Except as expressly provided herein, the Lease Agreement remains in full force and effect according to the terms and conditions contained therein. If there is a conflict between the terms of this Third Amendment and the Lease Agreement dated october 23, 2012, the terms of this Amendment shall prevaii. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Third Amendment to Lease Agreement the day and year first above written. COLLIER METROPOLITAN PLANNING ORGANIZATION, a regional transportation planning agency created pursuant to F.S. 339.175 By: Collier MPO Cfrair ?ul ff J SSES Fi s (signature) (pri nt name S (signature) (print name) / @ AS TO THE LESSEE: Page 2 of3 Page 1854 of 7924 ATTEST: signdure ti till Approved as to form and legality: R. Deputy County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER L. McDaniel, Jr., Page 3 of3 Atost Page 1855 of 7924 Page 1856 of 7924 Page 1857 of 7924 Page 1858 of 7924 Page 1859 of 7924 Page 1860 of 7924 Page 1861 of 7924 Page 1862 of 7924 Page 1863 of 7924 Page 1864 of 7924 Page 1865 of 7924 Page 1866 of 7924 Page 1867 of 7924 Page 1868 of 7924 Page 1869 of 7924 Page 1870 of 7924 Page 1871 of 7924 Page 1872 of 7924 Page 1873 of 7924 Page 1874 of 7924 Page 1875 of 7924 Page 1876 of 7924 Page 1877 of 7924 Page 1878 of 7924 Page 1879 of 7924 Page 1880 of 7924 Page 1881 of 7924 Page 1882 of 7924 Page 1883 of 7924 Page 1884 of 7924 Page 1885 of 7924 Page 1886 of 7924 Page 1887 of 7924 MEMORANDUM Date:July 5, 2012 To: Lorraine Lantz, Principal Planner MPO From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: MPO Staff Service Agreement Attached is one (1) scanned copy of the original document referenced above Agenda Item #16A14), approved by the Board of County Commissioners on Tuesday, June 26, 2012. The original is being kept by the Minutes and Records Department as part of the Boards Official Record. If you have any questions, please call me at 252-7240. Thank you Page 1888 of 7924 MPO STAFF SERVICES AGREEMENT THIS MPO STAFF SERVICES AGREEMENT is made by and between the Collier Metropolitan Planning Organization(the "MPO") and Collier County, Florida. WITNESSETH: WHEREAS, the MPO, pursuant to the power conferred upon it by Section 339.175, Florida Statutes, and Article 5 of the Amended And Restated Interlocal Agreement for Creation of the Collier Metropolitan Planning Organization (the "Interlocal Agreement") between the Florida Department of Transportation ("FDOT"); Collier County (the "County"); the City of Marco Island; the City of Naples; and Everglades City, dated May 10, 2005 may employ personnel and/or enter into agreements, with local and/or State agencies to utilize the staff resources of such agencies or for the performance of certain services by such agencies as necessary to fulfill its responsibilities and obligations as required by law, and WHEREAS, pursuant to the aforesaid Interlocal Agreement executed between the County, the City of Marco Island, the City of Naples, Everglades City and the FDOT, it is contemplated that County personnel will perform the substantial portion of each task provided for in 23 Code of Federal Regulations (CFR) Part 450 and Chapter 339.175 Florida Statutes as necessary to carry out the continuing, cooperative and comprehensive transportation planning process mandated by Federal regulations as a condition precedent to the receipt of Federal capital or operating assistance in the urbanized area, and WHEREAS, in 2007, the Florida Legislature's House Bill 985 amended Section 339.175, Florida Statutes, and other sections of law in an attempt to bring clarity and uniformity to Metropolitan Planning Organizations' administrative structure, powers and responsibilities, particularly amending Section 339.175(5), Florida Statutes, to clarify that a Metropolitan Planning Organizations' executive director reports directly to his or her Governing Board, and that the executive director and staff are employed by the Metropolitan Planning Organization or through a staff services agreement between the Metropolitan Planning Organization and another governmental entity. WHEREAS, it is deemed by the parties to be appropriate and necessary that the duties and obligation of the County, in relation to its role as the staff to the MPO, be defined and fixed by formal agreement, NOW, THEREFORE, in consideration of the mutual covenants, premises, and representations herein, the parties agree as follows: 1.00 Purpose For the reasons recited in the preamble, which are hereby adopted as part hereof, this Agreement is to provide for professional services to carry out the terms of the Interlocal Agreement and any other agreement to which the MPO is a party, and to provide staff services and support for the 1 Page 1889 of 7924 administration of the MPO. 2.00 Scope of Services It is agreed by the County that it shall furnish the MPO with the staff necessary for professional, technical, administrative, and clerical services, equipment, office and other space, and other incidental items as may be required and necessary to manage the business and affairs of the MPO and to carry on the transportation planning and programming process specified by the Interlocal Agreement and any other agreement to which the MPO is a party; provided, it is understood and agreed that, unless otherwise provided for, the performance of such service and functions shall be limited to those specified and allocated to the County in the biennial Unified Planning Work Program (UPWP) budget and all approved budgets and management reports under Federal or State grant contracts with the MPO. The County's annual charge for furnishing office space to the MPO, including all common area maintenance and utility costs, shall be $13,260.00; as more specifically provided in a lease agreement to be subsequently executed by the parties. In order to minimize disruption, the County shall furnish the MPO with the aforementioned office and other space so as to be continuously co-located with the Collier County Growth Management Division and shall make reasonable efforts to avoid frequent relocation of said office and other space. The MPO is responsible for the selection of, and execution of an employment agreement with, the Executive Director of the MPO. Each year the MPO shall review and evaluate the performance of the MPO Executive Director in accordance with the performance-based merit plan as provided in the Collier Metropolitan Planning Organization/Executive Director Employment Agreement. The MPO authorizes the MPO Executive Director to secure FDOT approval for amendment of UPWP tasks, which change their dollar value by an amount less than or equal to $25,000, and which do not change their scope or the total approved funds for the UPWP and do not add or delete a UPWP work task(s). Any amendment of the UPWP greater than $25,000 shall require the approval of the MPO. The UPWP shall be prepared by the MPO Staff in cooperation with all related state and federal agencies and MPO committees in accordance with the rules and regulations governing the MPO and shall be subject to the approval of the MPO before submittal to State or Federal agencies. 2.01 MPO Executive Director The MPO Executive Director shall be responsible to the MPO for the conduct of the transportation planning process as detailed in the biennial UPWP as well as the appointment, assignment, direction, and control of all personnel necessary thereto; the development of an appropriate organizational structure to carry out the responsibilities set forth in the Agreement; and the development of procedures to monitor and coordinate the planning process, as well as the overall administration of MPO programs. Changes to the number of MPO staff positions shall 2 Page 1890 of 7924 be subject to the approval of the MPO Board. 2.02 Commitment of Personnel The MPO Executive Director shall prepare a detailed listing of all tasks necessary and incidental to carrying out the planning process as included in the UPWP. The MPO staff shall, at a minimum, have the following duties and functions: a.Carrying out the tasks as defined in the biennial UPWP to ensure the continued certification of the MPO; b.Coordinating the activities of the various structures established by the Interlocal Agreement heretofore mentioned; c.Preparing the agendas and public notification for meetings of the MPO Technical Advisory and Citizens Advisory Committees, Pathways Advisory Committee, Congestion Management System/Intelligent Transportation System Committee, the Local Coordinating Board for the Transportation Disadvantaged and any other committees under the MPO's purview; d. Preparing resolutions and other appropriate documents; e.Scheduling meetings, giving notices, and keeping minutes; f.Coordinating and monitoring the activities of the various supporting offices; g.Preparing an annual report as may be required; h. Developing and implementing operational procedures as are necessary and proper in order to effect the most efficient implementation of said program; i.Directing the implementation of policies established by the MPO; and j.Performing other duties as may be assigned by the MPO. 2.03 Legal Representation for the MPO The Collier County Attorney's staff has been designated to represent the MPO Board on legal matters. The MPO may employ special legal counsel for specific needs when it is deemed necessary. 2.04 Biennial Budget The UPWP shall serve as the biennial budget for the MPO. The UPWP shall identify funding sources,participating agencies and the level of participation by the various agencies. 3 Page 1891 of 7924 2.05 Financial Administration a.The records and accounts of the MPO including receipts, expenditures and deposits shall be administered by the County in accordance with its ordinary procedures. b.Contracts and bids for the purchase of materials and services shall be in accordance with County procedures for the same purposes. The MPO shall review and approve all Requests for Proposals (RFP) and subsequent contracts. Contracts and bids for the purchase of materials and services using PL, FTA and TD funds allocated to the MPO and identified in the UPWP will be in accordance with County procedures, and any actions taken within the authority of the MPO relating to such matters shall be independent of Board of County Commissioners BCC) approval. c.Through the adoption of this Agreement, the MPO adopts the United States Department of Transportation's goals regarding the procurement of services from firms registered as Disadvantaged Business Enterprises (DBE). In addition, the MPO adopted a DBE Policy in accordance with FDOT's DBE Plan. 2.06 Information Technology and Office Equipment a. The MPO may need to purchase, maintain and upgrade office equipment, office / computer hardware, software and other resources. This may include, but is not be limited to, the purchase of office equipment such as printers, facsimile machine, copier, computers and hardware upgrades, reference documents, software and supporting maintenance. Grant funds allocated to the MPO and identified in the UPWP for such requirements will be used. All resources purchased by the MPO shall be the property of the MPO. Collier County's Information Technology department is responsible for all maintenance of MPO computers and may be paid for services through annual interdepartmental allocations and consistent with the Federal Office of Management and Budget 2 C.F.R. Part 225 Cost Principles for State, Local and Indian Tribal Governments (Circular A-87). The Executive Director and MPO staff shall comply with all County rules governing the use of the County's computer network. b. All proposed equipment purchased by the MPO with grant funds must comply with 49 C.F.R. §§ 18.32 and 18.33, and the Federal Office of Management and Budget 2 C.F.R. Part 225 Cost Principles for State, Local and Indian Tribal Governments Circular A-87). Specific approval by the FHWA and the District is not required for equipment costs under$5,000. 3.00 Reimbursement to the County 4 Page 1892 of 7924 The MPO hereby agrees that it shall reimburse the County for all services rendered under this Agreement as specified in the UPWP budget and all approved budgets under Federal or State grant contracts with the MPO and in accordance with the procedures established pursuant to 2.05 and 2.06 of this Agreement. The determination of eligible costs shall be in accordance with 23 CFR Section 420, as appropriate, and applicable Florida Statutes. 3.01 Local Share The MPO will provide cash or in-kind services for the required match for Federal funds from the Federal Highway Administration (FHWA), the Federal Transit Association (FTA), Florida Department of Transportation (FDOT) and Florida Commission for Transportation Disadvantaged (CTD) where appropriate. These funds may also be derived from financial contributions made by the MPO's member local governments, including Collier County and the Cities of Naples, Marco Island and Everglades City. 3.02 Invoices and Progress Reports The MPO shall provide to the FDOT or appropriate Federal agencies quarterly progress reports and invoices for reimbursement for all Federal grants with FHWA, FTA and State grants received through the Florida Commission for the Transportation Disadvantaged (CTD). The progress reports and invoices shall be in sufficient detail for audit purposes. 3.03 Payment Payment to the County of any and all monies by the MPO is contingent upon the MPO first receiving the funds for the work tasks from the FDOT, FHWA, FTA or the Florida Commission for the Transportation Disadvantaged(CTD). 3.04 Travel Expenses Reimbursement from Federal and State funds for per diem and mileage expenses incurred by MPO staff and Board members for MPO business shall be consistent with the federal government rates. 4.00 Information and Reports The County will provide all required information and reports and will permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by FDOT, FHWA, or FTA to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of the County is in the exclusive possession of another who fails or refuses to furnish this information, the County shall certify to FDOT, FHWA, or FTA as appropriate, and shall set forth what efforts it has made to obtain the information. 5 Page 1893 of 7924 5.00 Continuity of Operations Plan(COOP) The MPO shall adhere to Collier MPO's Continuity of Operations Plan (COOP). The COOP is consistent with Collier County's Comprehensive Emergency Management Plan(CEMP). Collier County shall provide the MPO with an alternate facility for a reasonable period of time if one is required. 6.00 Amendment of Agreement The County and the MPO may, upon initiation of either party, amend this Agreement to cure any ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which are consistent with the intent and purpose of this Agreement. This Agreement shall become effective upon approval by the MPO and the County and remain in effect for a period of three years. At that time, the MPO shall review this Agreement to determine if any changes are warranted. IN WITNESS WHEREOF, the undersigned parties have caused this Staff Services Agreement to be duly executed in their behalf this s (p day of ':cu rl L- 2012. COUNTY OF COLLIER COLLIER BOARD OF COUNTY COMMISSIONERS METROPO PLA ' G ORGAN A ' ON By: By: !,i Commissioner Fred W. Cb le fC• . • i sisionerJamesN. Coletta, Chairman Chairman Y . •' _ - ATTEST:•,-: ,- ATTEST: / oor Dsiet 7 wr -. 134004,01-* Meet it to CMtt. A ved as to fo` an legal sufficiency: cott R. Teach Deputy County Attorney 6 Page 1894 of 7924 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell (line#5). Route to Addressee(s) Office Initials Date List in routing order) 1. 2. 3. 4. 5. Ian Mitchell, BCC Supervisor Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 1f r2 apt), PRIMARY CONTACT INFORMATION The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Lorraine M.Lantz Phone Number 252-5779 Contact Agenda Date Item was June 26,2012 Agenda Item Number 16 A 14 Approved by the BCC Type of Document MPO Staff Services Agreement Number of Original 1 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed f\ by the Office of the County Attorney.This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from W contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's A J Office and all other parties except the BCC Chairman and the Clerk to the Board Iv IA 3. The Chairman's signature line date has been entered as the date of BCC approval of the Idocumentorthefinalnegotiatedcontractdatewhicheverisapplicable. E 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip IshouldbeprovidedtoIanMitchellintheBCCofficewithin24hoursofBCCapproval. Some documents are time sensitive and require forwarding to Tallahassee within a certain 1 time frame or the BCC's actions are nullified.Be aware of your deadlines! g 6. The document was approved by the BCC on (p) 2 p) 10, (enter date)and all changes I A t t made during the meeting have been incorporated in the attached document.The 10 County Attorney's Office has reviewed the changes,if applicable. r• I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05,Revised 7.31.09 Page 1895 of 7924