Agenda 06/26/2012 Item #16A146/26/2012 Item 16.A.14.
EXECUTIVE SUMMARY
Approve amendments to the Staff Services Agreement by and between the Collier
Metropolitan Planning Organization (MPO) Board and the Collier County Board of
County Commissioners.
OBJECTIVE: To obtain Board of County Commissioners approval of changes to the Staff
Services Agreement by and between the Collier MPO Board (MPO) and the Collier County
Board of County Commissioners (BCC).
CONSIDERATIONS: In 2007, the Florida Legislature enacted House Bill 985, which amended
Section 339.175, Florida Statutes, and other sections of law in an attempt to bring clarity and
uniformity to an MPO's administrative structure, powers and responsibilities. Specifically, the
legislature amended Section 339.175(5), Florida Statutes, to clarify that an MPO's executive
director reports directly to his or her MPO Governing Board (not for any of the member cities or
counties), and that the executive director and staff are employed by the MPO or through a staff
services agreement between the MPO and another governmental entity.
On October 27, 2009 (16B8), the Collier County BCC approved a Staff Services Agreement with
the Collier MPO. This Agreement includes a provision that the County and the MPO can amend
the agreement by resolution of each party. Staff Services Agreement changes have been
identified and are outlined below. The changes address both the provisions of Section 339.175,
Florida Statutes, as well as the comments received from the Federal Highway Administration
(FHWA), Florida Department of Transportation (FDOT), Collier County Growth Management
Division and the MPO Board.
1. Section 2.00. The last sentence of the first paragraph was added. The MPO will be
paying $13,260.00 for office space, common area maintenance and utility costs to the
Collier County Growth Management Division.
2. Section 2.00. The third paragraph was revised. The MPO Executive Director shall be
selected and reviewed by the MPO Board as provided for in the MPO Executive
Director's contract.
3. Section 2.02. The duty of preparing interim reports as may be required was deleted
because it is repetitious based on the other functions and duties listed in the section.
4. Section 2.03. The sentence, "The Collier County Attorney's staff has been designated to
represent the MPO Board on legal matters," was added. The sentence that, "The MPO
may employ special legal counsel for specific needs when it is deemed necessary"
remains.
5. Section 2.06. This entire section, which relates to Information Technology and office
equipment, was added.
6. Through -out the document, references were changed from "Annual Budget" to "Biennial
Budget" and from "MPO Director" to "MPO Executive Director ".
Packet Page -904-
6/26/2012 Item 16.A.14.
The Collier MPO's Technical Advisory Committee JAC) and Citizens Advisory Committee
(CAC) reviewed the amendments to the Staff Services Agreement. The Staff Services
Agreement amendments were approved by the Collier MPO Board on June 8, 2012.
FISCAL IMPACT: Per the Agreement, the MPO agrees that it will reimburse the County for
services rendered under the Agreement. Hence, it is estimated that there will be a fiscal impact
of $40,260, comprised of $13,260 in lease fees and an estimated $27,000 in personal services.
Growth Management Division staff provide, but is not limited to, day -to -day support in fiscal
(SAP financial system), audit, and grant operations. GMD staff record actual hours of support to
the MPO.
Costs are eligible and allowable to be paid from the Federal Highway Administration (FHWA)
Planning (PL) annual grant funding and are available within Transportation Services Grant Fund
(711), Project 33221. Reimbursements made by the MPO will offset facilities costs and personal
services in the Transportation Services Fund (101).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
RECOMMENDATION: That the Board of County Commissioners (BCC) approve the
amendments to the Staff Services Agreement by and between the BCC and the Collier MPO -
Board and authorize its Chairman to execute the agreement.
Prepared by: Lucilla Ayer, AICP, MPO Executive Director
Attachments: 1) Staff Services Agreement executed by the MPO Board
Packet Page -905-
6/26/2012 Item 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14.
Item Summary: Recommendation to approve amendments to the Staff Services
Agreement by and between the Collier Metropolitan Planning Organization (MPO) Board and
the Collier County Board of County Commissioners.
Meeting Date: 6/26/2012
Prepared By
Name: LantzLorraine
Title: Planner, Principal,MPO
6/12/2012 2:45 :41 PM
Submitted by
Title: Executive Director, MPO
Name: AyerLucilla
6/12/2012 2:45:42 PM
Approved By
Name: AyerLucilla
Title: Executive Director, MPO
Date: 6/12/2012 5:17:42 PM
Name: SotoCaroline
Title: Management /Budget Analyst,Transportation Administr
Date: 6/13/2012 11:32:24 AM
Name: BetancurNatali
Title: Executive SecretaryTransportation Engineering & C
Date: 6/13/2012 12:48:21 PM
Name: ShueGene
Date: 6/13/2012 2:21:29 PM
Name: TeachScott
Packet Page -906-
Title: Deputy County Attomey,County Attorney
Date: 6/13/2012 2:30:50 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/13/2012 5:17:20 PM
Name: OberrathKaren
Title: Senior Accountant, Grants
Date: 6/15/2012 8:31:31 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 6/18/2012 11:02:33 AM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 6/18/2012 11:32:53 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/18/2012 2:20:20 PM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 3:29:45 PM
Packet Page -907-
6/26/2012 Item 16.A.14.
6/26/2012 Item 16.A.14.
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
Packet Page -908-
6/26/2012 Item 16.A.14.
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
Packet Page -909-
6/26/2012 Item 16.A.14.
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
Packet Page -910-
6/26/2012 Item 16.A.14.
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
Packet Page -911-
6/26/2012 Item 16.A.14.
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.
Packet Page -912-
6/26/2012 Item 16.A.14.
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 day of , 2012.
COUNTY OF COLLIER COLLIER
BOARD OF COUNTY COMMISSIONERS METROPOLITAN PLANNJ�G
ORGANIZATION
By By -
Commissioner Fred W. Coyle ,..." Gornrnfssioner James N. Coletta,
Chairman Chairman
i e
t Ij' t
ATTEST: ATTEST: Vxlf a
Awed as to foa an legal sufficiency:
�4 Y
Scott R. Teach
Deputy County Attorney
Packet Page -913-