Agenda 05/28/2019 Item #16A13 (MPO Lease & Staff Services Agreements)05/28/2019
EXECUTIVE SUMMARY
Recommendation to approve the Second Amendment to the MPO Lease Agreement and the
Amended and Restated Staff Services Agreement between Collier Metropolitan Planning
Organization and the Collier County Board of County Commissioners.
OBJECTIVE: To amend the current Collier Metropolitan Planning Organization (“MPO”) Lease
Agreement and the Collier MPO Staff Services Agreement.
CONSIDERATIONS: On October 23, 2012, the Board of County Commissioners (“BCC”) and the
MPO entered into a lease agreement for 663 square feet of office space within the Growth Management
Department at 2885 S. Horseshoe Drive, Naples, FL 34104 (Agenda Item 16.A.2). The BCC approved
the First Amendment to the lease agreement on June 28, 2016, extending the lease t hrough June 30, 2019
(Agenda Item 16.A.6). A Second Amendment to the MPO Lease Agreement is required to extend the
term of the lease through June 30, 2022, and increase the annual rent from $20 per square foot to the
current market rate of $21 per square foot (Rent plus Common Area Maintenance). In addition, the Staff
Service Agreement, which sets forth the agreement of the parties regarding the County’s furnishing of
various staff for the MPO, equipment and workspace, is being amended and restated to reflect the change
in the rental amount set forth in the proposed Second Amendment to the MPO Lease Agreement.
On May 10, 2019, the Collier MPO approved both the Second Amendment to the MPO Lease
Agreement and the Amended and Restated Staff Services Agreement. Both of those agreements
executed by the Collier MPO Chairman, as well as the previous lease and Staff Services Agreements, are
attached for review.
FISCAL IMPACT: Lease expenses are funded by the MPO Grant Agreement for Planning (PL), MPO
Grant Fund (711), Project (33557). This is a biannual agreement expiring June 30, 2020, a new
agreement will be executed for funding starting July 1, 2020, through the term of the amended lease
agreement. Approval of the amendment will increase annual revenues by $663.00, from $13,260 to
$13,923. Revenues will be collected in quarterly installments of $3,480.75 in Transportation Fund (101)
Cost Center 163609.
GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the Second 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 BCC’s Chairman to
execute the attached Agreements.
Prepared by: Christopher Johnson, Financial & Operational Support Manager, GMD
ATTACHMENT(S)
1. MPO Approved Second Amendment to Lease Agreement 51019 (PDF)
2. MPO Approved Amended and Restated SSA 51019 (PDF)
3. Amendment One and Original MPO Executed Lease Agreement (PDF)
4. Executed Staff Services Agreement 06-28-2016 (PDF)
5. Executed MPO Staff Services Agreement 2012 (PDF)
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05/28/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 8736
Item Summary: Recommendation to approve the Second Amendment to the MPO Lease
Agreement and the Amended and Restated Staff Services Agreement between Collier Metropolitan
Planning Organization and the Collier County Board of County Commissioners.
Meeting Date: 05/28/2019
Prepared by:
Title: Accountant, Senior – Growth Management Operations Support
Name: Christopher Johnson
04/23/2019 12:16 PM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
04/23/2019 12:16 PM
Approved By:
Review:
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/23/2019 12:41 PM
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 04/23/2019 12:53 PM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 04/23/2019 1:38 PM
Growth Management Department Gene Shue Additional Reviewer Completed 04/23/2019 2:23 PM
Metropolitan Planning Organization Anne McLaughlin Additional Reviewer Completed 04/24/2019 9:08 AM
Metropolitan Planning Organization Brandy Otero Additional Reviewer Completed 04/24/2019 9:21 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/24/2019 1:27 PM
Grants Erica Robinson Level 2 Grants Review Completed 05/01/2019 10:26 AM
Growth Management Department James C French Deputy Department Head Review Skipped 05/01/2019 5:37 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/10/2019 3:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/13/2019 1:53 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/15/2019 1:16 PM
Grants Therese Stanley Additional Reviewer Completed 05/20/2019 12:14 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/20/2019 12:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
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Packet Pg. 604 Attachment: MPO Approved Second Amendment to Lease Agreement 51019 (8736 : MPO Lease Amendment and Staff Services Agreement)
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Packet Pg. 618 Attachment: MPO Approved Amended and Restated SSA 51019 (8736 : MPO Lease Amendment and Staff Services Agreement)
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Packet Pg. 625 Attachment: Amendment One and Original MPO Executed Lease Agreement (8736 : MPO Lease Amendment and Staff Services Agreement)
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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
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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
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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
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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.
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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
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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.
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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
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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
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