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Agenda 09/22/2015 Item #16A13 9/22/2015 16.A.13. EXECUTIVE SUMMARY Recommendation to approve the Second Amendment to the MPO Staff Services Agreement extending the term through June 30,2016. OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the Second Amendment to the MPO Staff Services Agreement. CONSIDERATION: On June 23, 2015, the Collier County Metropolitan Planning Organization (MPO) and Collier County (County) amended the June 26, 2012, MPO Staff Services Agreement (Amendment). The Amendment only extended the term of the Agreement through September 30, 2015. The extension of time under the Amendment was to allow the MPO Executive Director sufficient time to review the MPO's existing administrative relationship with the County, including the County's provision of staff, resources and office space. As a result of a change of leadership in the MPO office following the Amendment, additional time is now required to continue a review of the administrative relationship between the MPO and the County. The proposed Second Amendment to the MPO Staff Services Agreement extends the Agreement's termination date through June 30, 2016. After consideration by the County, the Second Amendment will be brought to the MPO for their approval on September 18, 2015. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's Growth Management Plan. RECOMMENDATION: That the Board approves the Second Amendment to the MPO Staff Services Agreement and authorizes the Chairman to sign the attached Second Amendment. Prepared by: Eric Ortman, Senior Planner, MPO Attachments: 1) Amendment to the MPO Staff Services Agreement dated June 23, 2015 and 2) Second Amendment to the MPO Staff Services Agreement Packet Page -686- 9/22/2015 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve the Second Amendment to the MPO Staff Services Agreement extending the term through June 30, 2016. Meeting Date: 9/22/2015 Prepared By Name: OteroBrandy Title: Project Manager, Associate,Public Services Department 8/21/2015 2:20:03 PM Submitted by Title: Project Manager, Associate, Public Services Department Name: OteroBrandy 8/21/2015 2:20:04 PM Approved By Name: HerreraGloria Title: Management/Budget Analyst, Growth Management Department Date: 8/25/2015 2:19:34 PM Name: LantzLorraine Title: Project Manager, Growth Management Department Date: 8/26/2015 8:10:28 AM Name: KearnsAllison Title: Manager Financial &Operational Support. Growth Management Department Date: 8/26/2015 5:08:43 PM Name: ShueGene Title: Division Director- Operations Support. Growth Management Department Date: 8/27/2015 5:55:58 PM Name: TeachScott Packet Page-687- 9/22/2015 16.A.13. Title: Deputy County Attorney, County Attorney Date: 8/31/2015 8:33:49 AM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 8/31/2015 10:46:55 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/1/2015 11:45:58 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/3/2015 10:57:16 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/8/2015 1:31:00 PM Packet Page-688- 9/22/2015 16.A.13. . v sit.. ` AMENDMENT TO MPO STAFF SERVICES AGREEMENT THIS AMENDMENT TO MPO STAFF SERVICES AGREEMENT entered into this 2,3 th day of June, 2015 by and between the Collier Metropolitan Planning Organization (the "MPO") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the MPO and the County previously entered into a MPO Staff Services Agreement (the "Agreement") dated June 26, 2012 (see Exhibit "A," attached), which articulated the duties and obligations of the County with respect to its role in providing for staff, office space, equipment and various services ( the "Administrative Relationship") to assist the MPO to conduct its statutory transportation planning functions; and WHEREAS, Section 6.00 of the Agreement allows the Parties to amend the Agreement and further provides that the Agreement terminates three (3) years after it became effective; and WHEREAS, the MPO is currently reviewing the Administrative Relationship between the County and the MPO, including the County's provision of staff, resources and office space to the MPO; and WHEREAS, the Parties desire to amend the Agreement to extend the termination date, subject to being further amended once the MPO has decided on the future Administrative Relationship between the County and the MPO, through and including the end of the County's fiscal year, September 30, 2015. NOW, THEREFORE, in consideration of the mutual covenants and obligations provided within the said Agreement dated June 26, 2012 and other valuable consideration, the said Agreement is hereby amended to extend the termination date, subject to being subsequently amended by the Parties. through and including September 30, 2015. Except as expressly amended herein the Agreement between the MPO and the County remains in full force and effect according to the terms and conditions contained therein. Packet Page -689- �` 9/22/2015 16.A.13. j, fi c, trl IN WITNESS WHEREOF, the Parties have hereto executed this Amendment to MPO Staff Services Agreement the day and year first above written. COUNTY OF COLLIER COLLIER BOARD OF COUNTY COMMISSIONERS METROPOLITAN PLANNING ORGANIZAT/t. ,0 By: By: Ar Commissioner Tim Nance, ncilman Sam J Saad, III Chairman 17 airman t '.) 4r1 E Q, EK p, ATTEST: ". Alegt ATTEST: ) Pill irr _ • '606114a-AYeFr- 4/4v 4- Attest as to .moan's Interim Collier MPO Executive Dir-ctor signature onty. Approved as to form and legality: c22 I Scott R. Teach Deputy County Attorney Packet Page -690- 9/22/2015 16.A.13. JO AC) 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 panics to be appropriate and necessary that the duties and ohih_atinn of th', Count`.. in relation to its role as the staff to the MPO. be defined and fixed by formal al4reement, NOW'.. in consideration of the mutual covenants, premises. and representations herein, the panics agree as follows: .00 Purpose For the reasons recited in the p r cam b i:, 4h 1.h are hereby adopted as p a.t hereof. this Agreement is to arovid'e for professional services to carry out the terms of the interlocal Agreement and any ocher agreement to which the P iPG is a party, and to provide staff services and support for the Packet Page -691- 9/22/2015 16.A.13. 1e 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 S13,260.00; 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 he 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 S25,000, and which do not change their scope or the total approved funds for the UPWP and do not add or delete a UPWP work task(s). Any amendment of the UPWP greater than 525,000 shall require the approval of the MPO. The UPWP shall be prepared by the MPO Staff in cooperation with all related state and federal agencies and MPO committees in accordance with the rules and regulations envemin a the MPO and shall be subject to the appro\a_ of the MPO before submittal to State or Federal l agencies. _�ncl��s. : MPO Executive Director The MPO Executive Director shall be responsible to the 1tlnr} for the conduct of the transportation planning process as detailed in the biennial CPWP as well as the appointment, asst<<inme i:, direction, and {:ontru of all personnel necessary thereto. the development of an appropriate organizational structure to carry out the responsibilities set ibrt'i in the g.reement: and the development elopment o Uto ,ecuros to monitor and coordinate the planning process. as well as the overall administration of \IPO a-oyams. Changes to the number of !VIPO staff positions shall Packet Page -692- , .` ^ � � :� s �� •e��'w�m °~ � e�����^�� � � a � —~` ��.^ . '.~..~ . 9/22/2015 16.A.13. A e 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 Inter local 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 DisadvantaRed and any other committees under the MPO's purview; d, Preparing resolutions and other appropriate documents: c. Scheduling meetings, giving notices, and keeping minutes; Coordinating and monitoring the activities of the various supporting offices; Preparing an annual renort as ma be required; h Developing and implementing operational procedures as are necessary and proper in order to effect the most c[ficiontimplementation of said program: Directing the implementation of policies established by the MK); and j. Performing other duties as may be ussizncd by the NIP{). �.O� Lecal Representation for the MPO The Collier County ,Anorno}'s staff has been designated to represent the MPQ Board on legal matters. The MPO may employ special counsel for specific needs when it is deemed ncrcsoar� ' I04 BieooialBud�e', The [PTyP shcJl s,r:e as the biennial budg-z for tar MPO. TbeLT9WP shall identify funding sources. nunioipmiu:. agencies and the level of participation by the various agencies. Packet Page-693- 9/22/2015 16.A.13. 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 UP\VP 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-i ?j. The Executive Director and MPG staff shah comply with all County rules governing the use of the County's computer netwoft. b. All proposed equipment purchased by the MPG with ,.:rant funds must comply with 49 C.F.R. 4 l S.32 and l S.33. and the Federal Office of Management and Budget 2 (' F.R, Part 225 Cost Principles for Stat ., Local and Indian Tribal Governments (Circular A-S7) Specific approt al by the FH\ 'A and the District is not required for gUlbment costs under S5.000, ,(u) Reimbursement to the Counts Packet Page -694- 9/22/2015 16.A.13. The MPO hereby agrees that it shall reimburse the County for all services rendered under this Agreement as specified in the UP WP 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 Pas nent Payment to the County of any and all monies by the MPO is contingent upon the 1vlPO first receiving the funds for the work tasks from the FDOT, FHWA, FTA or the Florida Commission for the Transportation Disadvantaged (ETD). 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 re-quired niurmat:ion 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. FH\\',.a... or PTA A Io he pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of the County is m the exclusive possession of another who ;'walls or refuses to furnish this information, the County shall certify to FDOT. Fl A, or PTA as appropriate. and shall set forth what efforts it has made to obtain the in form an 5 Packet Page -695- 9/22/2015 16.A.13. ± QMC2 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 erant 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 day of . 2012. COUNTY OF COLLIER COLLIER BOARD OF COL NTY COMMISSIONERS METROPOLITAN PLANNING ORGANIZATION I Commissioner Fred W. rcolt Commissioner James N. Coletta, Chairman Chairman TTEST. ;'" ATTES D. 1cwr P.I T: kt-ttePt ti to 014 treitto. i104aturi cfr, Ap:.iiovod a to for and lepi sufriciLme . .1 , t SZOli R. 1 each D;Tut\ C ouniv Attorncy Packet Page-696- 9/22/2015 16.A.13. SECOND AMENDMENT TO MPO STAFF SERVICES AGREEMENT THIS SECOND AMENDMENT TO MPO STAFF SERVICES AGREEMENT entered into this th day of September, 2015 by and between the Collier Metropolitan Planning Organization (the "MPO") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the MPO and the County previously entered into a MPO Staff Services Agreement (the "Agreement") dated June 26, 2012 (see Exhibit "A," attached), which articulated the duties and obligations of the County with respect to its role in providing for staff, office space, equipment and various services (the "Administrative Relationship") to assist the MPO to conduct its statutory transportation planning functions; and WHEREAS, Section 6.00 of the Agreement allows the Parties to amend the Agreement and further provides that the Agreement terminates three (3) years after it became effective; and WHEREAS, the MPO entered into an Amendment to MPO Staff Services Agreement on June 23, 2015(see Exhibit "B," attached), extending the term of the Agreement, through and including September 30, 2015, to allow the MPO to consider and review its existing Administrative Relationship with the County, including the County's provision of staff, resources and office space to the MPO; and WHEREAS, the Parties now believe that additional time is needed to complete the aforementioned review and desire to enter into this Second Agreement to the Agreement to extend the termination date, through and including the end of the MPO's fiscal year, June 30, 2016. NOW, THEREFORE, in consideration of the mutual covenants and obligations provided within the Agreement, as amended, and such other valuable consideration, the Agreement is hereby amended to extend the termination date, through and including June 30, 2016. Except as expressly amended herein the Agreement between the MPO and the County remains in full force and effect according to the terms and conditions contained therein. Packet Page -697- �� 9/22/2015 16.A.13. IN WITNESS WHEREOF, the Parties have hereto executed this Amendment to MPO Staff Services Agreement the day and year first above written. COLLIER COUNTY COLLIER METROPOLITAN BOARD OF COUNTY COMMISSIONERS PLANNING ORGANIZATION By: By: Commissioner Tim Nance, Councilman Sam J. Saad, III Chairman Chairman DWIGHT E. BROCK, CLERK ATTEST: ATTEST: , Deputy Clerk Loraine Lantz, Interim Collier MPO Executive Director Approved as to form and legality: r pr Scott R. Teach Deputy County Attorney Packet Page -698- 9/22/2015 16.A.13. E>cv,,.e 16A251 1 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 Lenislature'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 arc employed by the Metropolitan Planning Organization or through a staff services agreement between the Metropolitan Planning Organization and another governmental entity. WHEREAS, by the parties to be appropriate and necessary that the duties and YEP��AS, it is deemed � obligation of the Counts, in retailer to its role as the staff to the MPG'. be deigned and fiaeu b� formal agreement, NOW, THEREFORE. in consideration of the mutual covenants, premises, and representations herein, We parties agree as follows; I OF Purpose For the reasons recited in the preamble, which are hereby adopted as part hereof, this Agreement to provide for profbssion al services to carry out the terms of the Interlocal Agreement and any other aareennent to which the MPO is a party, and to trovide staff services and support for the Packet Page -699- �" 9/2212015 16.A.13. 16 A 25 administration of the MPO. 2.00 Scope of Services It is agreed by the County that it shall furnish the MPO with the staff necessary for professional, technical, administrative, and clerical services, equipment, office and other space., and other incidental items as may be required and necessary to manage the business and affairs of the MPO and to carry on the transportation planning and programming process specified by the Interlocal Agreement and any other agreement to which the MPO is a party; provided, it is understood and agreed that, unless otherwise provided for, the performance of such service and functions shall be limited to those specified and allocated to the County in the biennial Unified Planning Work Program (UPWP) budget and all approved budgets and management reports under Federal or State grant contracts with the MPO. The County's annual charge for furnishing office space to the MPO, including all common area maintenance and utility costs, shall be 513,260.00; as more specifically provided in a lease agreement to be subsequently executed by the parties. In order to minimize disruption, the County shall furnish the MPO with the aforementioned office and other space so as to be continuously co-located with the Collier County Growth Management Division and shall make reasonable efforts to avoid frequent relocation of said office and other space. The MPO is responsible for the selection of, and execution of an employment agreement with, the Executive Director of the 1\-1P0. Each year the MPO shall review and evaluate the performance of the MPO Executive Director in accordance with the performance-based merit plan as provided in the Collier Metropolitan Planning Organization!Executive Director Employment Agreement. The MPO authorizes the MPO Executive Director to secure FDOT approval for amendment of UPWP tasks, which change their dollar value by an amount less than or equal to 525,000, and which do not change their scope or the total approved funds for the UPWP and do not add or delete a UPWP work task(s). Any amendment or the UPWP greater than $25,000 shall require the approval of the MPO. The L/PWP shall he prepared by the MPG Staff in cooperation with all related stale and federal agencies and MPG committees in accordance with the rules and regulations governing the MPO and shall be subject to the approval of the MPG before submittal to State or Federal agencies. 2.01 MPG Executive Director The MPO Executive Director shall he responsible to the MPG for the conduct of the transportation planning process as detailed in the biennial 1 PWP as well as the appointment, assignment, direction, and control of all personnel necessary thereto, the development of an appropriate orsaiizational structure to care' out the responsibilities set forth iIt 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 MPG staff positions shall Packet Page -700- 9/22/2015 16.A.13. 16A25 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 WO; 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; c. Scheduling meetings, giving notices, and keeping minutes; Coordinating and monitoring the activities of the various supporting offices; g. Preparing an annual report as may be required; h. Developing and implementing operational procedures as are necessary and proper in order to effect the most efficient implementation of said program; Directing the implementation of-policies established by the MPO; and Perlbrrning other duties as mac be assigned i 1py the APO. 2.013 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. 104 Biennial Budget The UFt 'P shall serve as the biennia: budget For the ;v'rPO. The UPWP shall identify funding sources, participating agencies and the level of participation by the various agencies. t � Packet Page -701- 6 ,. .x. .a . ._ _.� ...�_. ._e . . ,d .r . _,.... .. .._ � _N.... ,. 9/22/2015 16.A.13. 16A25 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 MPG 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 MPG 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 MPG 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 Go%crnmcnts (Circular A-3.7). The iixecu_ive Director and MPG staff .nail comps■- pith a1i C'ounry ru cs _c.; enainc. the use of the County's computer net Work. b. All proposed equipment purchased by the MPG with grant funds must comply with 4o) 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 wider S5,000. 3.00 Reimbursement to the Counts Packet Page -702- 9/22/2015 16.A.13. 16 425 The MPO hereby agrees that it shall reimburse the County for all services rendered under this Agreement as specified in the UPbVP 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 rants received through the Florida Commission for the Transportation Disadvantaged (C'l'D). 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 MPG first receiving the funds for the work tasks from the FDOT, FHWA, PTA 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 MPG staff and Board members for MPG 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 FDO T, S .l WA. or PT_`. to be Pertinent to ascertain conmpliance with such rci ulations. orders and instructions. Where any information required of the County is in the exclusive possession of another who fails or refuses to furnish this inforn:atior1, the County shall certify to FDOT, FHWA,, o,r FTA li as appropriate, and shall set forth what efforts it has made to obtain the information. Packet Page -703- .... .......a e_o ..m,..:4r � ..rs. v�.. �:.f:w'ti-mod, ',r zkvc--. .. •. yna..iF.ca¢'rsr_svanru-.at�^.Y'6V-waA, awua.»Fti xn,.. 9/22/2015 16.A.13. rf'vn,..uuv e>:vur.,af3�G: ttrrnc? - dr.et.+m3a66?� J✓. #N�Jw✓z?�wsw+X,r �wRn 16A25 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 'ant 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 c (f day of it1C.- , 2012. COUNTY OF COLLIER COLLIER BOARD OF COL\T Y CO:MMISSIONE.RS mrTR0pc')1j-7: PL .' r " Dv: C'ommissio nvr Fred W. Co:,)ie '"' Comtissioncr James N. Co ett t, Ci;�3itt�;an Chairman } } � i��a` ,�✓�` ` °_''_ ATTEST: it!:l#r'r Cx tw. kt test ti to CM trzert iliPtatari forrii and ti 9 :I Deputy County Attorney Packet Page -704- _w . s. . .; 9/22/2015 16.A.13. 22 5 16 "8 " I b A 2 5 . AMENDMENT TO MPO STAFF SERVICES AGREEMENT THIS AMENDMENT TO MPO STAFF SERVICES AGREEMENT entered into this 2 -c3 th day of June, 2015 by and between the Collier Metropolitan Planning Organization (the "MPO") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County"). WITNESSETH WHEREAS, the MPO and the County previously entered into a MPO Staff Services Agreement (the "Agreement") dated June 26, 2012 (see Exhibit "A," attached), which articulated the duties and obligations of the County with respect to its role in providing for staff, office space, equipment and various services ( the "Administrative Relationship") to assist the MPO to conduct its statutory transportation planning functions; and WHEREAS, Section 6.00 of the Agreement allows the Parties to amend the Agreement and further provides that the Agreement terminates three (3) years after it became effective; and WHEREAS, the MPO is currently reviewing the Administrative Relationship between the County and the MPO, including the County's provision of staff, resources and office space to the MPO; and WHEREAS, the Parties desire to amend the Agreement to extend the termination date, subject to being further amended once the MPO has decided on the future Administrative Relationship between the County and the MPO, through and including the end of the County's fiscal year, September 30, 2015. NOW, THEREFORE, in consideration of the mutual covenants and obligations provided within the said Agreement dated June 26, 2012 and other valuable consideration, the said Agreement is hereby amended to extend the termination date, subject to being subsequently amended by the Parties, through and including September 30, 2015. Except as expressly amended herein the Agreement between the MPO and the County remains in full force and effect according to the terms and conditions contained therein. Packet Page -705- 9/22/2015 16.A.13. 1 6 A 25 ri IN WITNESS WHEREOF, the Parties have hereto executed this Amendment to MPO Staff Services Agreement the day and year first above written. COUNTY OF COLLIER COLLIER BOARD OF COUNTY COMMISSIONERS METROPOLITAN PLANNING ORGANIZAT /IP By: By: Commissioner Tim Nance, Arc ncilman Sam J, Saad, III Chairman airman bVJ ATTEST: ‘. P ATTEST: • A 4L-4-1:Gilla-AyeF,-- 441' trY-1-I• Attest as td;' irman's 1---1, Interim Collier MPO Executive Dir ctor signature only. Approved as to form and legality: Scott R. Teach Deputy County Attorney Packet Page -706-