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CA <br />40 <br />0 <br />ronM sea-0sa-0s <br />murYTIANNINO <br />oac.Ong <br />ARTICLE 6 <br />FUNDING INVENTORY REPORT, RECORD-KEEPING <br />Section 6.01. Funin . The Department shall allocate to the MPO for its performance of its <br />transportation planning and programming duties, an appropriate amount of federal transportation pla)tdng funds. <br />Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and <br />to Insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under <br />this Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part <br />I8, Subpart C., and all other applicable federal regulations. <br />Section 6.03. Record-keeping and document rctention. The Department and the MPO shall <br />prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23 <br />CPR Part 420, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18,42, and Chapter 119, Florida Statutes. <br />ARTICLE 7 <br />MISCELLANEOIIS PROVISION <br />Section 7.01. Constitutinttal or statutory duties and responsibilities of parties. T h i s <br />Agreement shall not he construed to authodit the delegation of the constitutional or statutory duties of any of the <br />parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed <br />upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this <br />Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this <br />performance may be offerers in satisfaction of the obligation or responsibility. <br />Section 7.02. Amendment of Agreement. Amendments or modifications of osis Agreement may <br />only be made by written agreement signed by all pardas here to with the same formalities as lite original Agreement. <br />No amendment may alter tite apportionment or jurisdictional boundaries of the MPO without approval by the <br />Governor. <br />Section 7.03. Duration; withdrawal procedure. <br />(a) Dura i n. This Agreement shall remain in effect until terminated by the parties to this <br />Agreement; provided, however, that by no later than December 31, 2002 and at least every five (5) years thereafter, <br />the Governor shall exanilne the composition of the MPO membership and reapportion it as necessary to comply with <br />Section 339.175, Florida Statutes, as appropriate. During examination of the MPO apportionment every five (5) years <br />by the Governor, this Agreement shall be reviewed by the MPD and the Department to confirm the validity of the <br />contents and to recommend amendments, if any, that are required. <br />(b) Wilhdrawal proccdure. Any party, except Indian River County and the United States Bureau <br />of the Census designated center city, may withdraw from this Agreement after presenting in written form a notice <br />Of intent to withdraw to the other parties to this Agreement and the Indian River County MPO, at least ninety (90) <br />days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal. <br />(1) The withdrawing member and the MPO shall execute a memorandum reflecting the. <br />withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. <br />The memorandum shall be filed in the Office of the Clcrk of the Circuit Court of each county in which a party hereto <br />is located; and <br />(2) The Office of the Governor shall be contacted, and the Governor, with the agreement of <br />the remaining members of the MPO, shall determine whether any reapportionment of the membership shall be <br />appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and local <br />Nge7at 11 <br />