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HomeMy WebLinkAbout2000-27340 f C- AMENDMENT OF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND FLORIDAFFINITY, INC. (the "Agreement") This Amendment, of the Agreement for Professional Services between Indian River County and FloridAffinity, Inc., dated August 18, 1994, is made and agreed to as of the 9th day of September, 2000, by and between the parties to the Agreement, Indian River County, a political subdivision of the State of Florida (the "County"), and FloridAffinity, Inc., a Florida corporation ('FloridAffinity"). The parties agree as follows: 1. Background and Considerations. The parties entered into an Agreement for Professional Services on August 18, 1994, and both parties have been performing in accordance with it. In order to continue its environmentally sensitive land acquisition program, the County has asked that FloridAffinity continue to provide consulting services in accordance with the Agreement. 2. Amendmenti Extension. Article IV, Section 4.0 1, of the Agreement for Professional Services is hereby amended to extend the Agreement for one year, until August 7, 2001. Article III, Section, 3.01, of the Agreement is hereby amended to limit compensation to FloridAffinity in the following respects: There shall be no base amount payable each month, and all services provided under the Agreement shall be compensated on the basis of hours actually spent performing the duties and responsibilities under the Agreement; provided that FloridAffinity may not bill in excess of 75 hours per month regardless of how many hours are actually worked. However, travel hours (not to exceed 20 hours) will be compensated the same as other hours. All other provisions of the Agreement, including without limitation the termination provisions, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Extension to the Agreement to be duly executed on the date set forth above. FLORIDAFFINITY, INC., a Florida c o r pQ rWion B arles J. H dee, President Date signed: 9114 00 FEID: 59-3183620 INDIAN RIVER COUNTY, a political subdivision of the State of Florida By:� C,t_- bo Fran B. Adams, Chairman Board of County Commissioners Datesigned:_ 09-19-2000 . ATTEST: 4.K. BARTON A T�Paul D AS TO FO AND LEGALITY: _ C ity Clerk � . Ban County ttorney 40 FORM 525-01401 ./ POUCY PLANNING CCC777 ' OGC-05198 STAW OF FLORIDA DEPART\?EN7 OF TRANSPORTATION INTERLOCAI, AGREEMENT FOR CREATION OF THE 00--a-7 4 INDIAN RIVER COUNTY METROPOLPI'AN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and entered into this day of 2000, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF INDIAN RIVER; the CITIES OF VERO BEACH, SEBASTIAN, and FELLSMERE; the TOWNS OF INDIAN RIVER SHORES and ORCHID; and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY. RECITALS: WHEREAS, the Federal Government, under the authority of 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC Subsection 53031, requires that each metropolitan area, as a condition to the receipt of federal capital or operating assistance, have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area, and stipulates that the State and the metropolitan planning organization shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; WHEREAS, the parties of this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, 23 USC Section 134, as amended by the Intermodal Surface Transportation Efficiency Act of 1991,49 USC Section 5303,23 CFR Section 450.306, and Section 339.175, Florida Statutes, provide for the creation of metropolitan planning organizations to develop transportation plans and programs for metropolitan areas; WHEREAS, pursuant to 23 USC Section 134(b), 49 USC Section 5303, 23 CFR Section 450.306(a), and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population in the metropolitan area to designate a metropolitan planning organization; WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Robert M. Keating, AICP, MPO Staff Director, dated February 28, 2000, the Governor has agreed to the apportionment plan of the members of the proposed MPO as set forth in this Agreement; WHEREAS, pursuant to 23 CFR Section 450.306(c), and Section 339.175(1)(b), Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; WHEREAS, the interlocal agreement is required to create the metropolitan planning organization and delineate the provisions for operation of the MPO; WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is consistent with Section 339.175(1)(b), Florida Statutes; WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent with statutory requirements set forth In Section 163.01, Florida Statutes, relating to interlocal agreements; and WHEREAS, the undersigned parties have determined that this Agreement is consistent with the requirements of Section 163.01, Florida Statutes. Paye 1 of 11 a] J FORM 52541"1 POLICY PLANNING OOC • 05198 NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE I RECITALS: DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals be and the same hereby incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: "Agreement" means and refers to this instrument, as amended from time to time. "Department" shall mean and refer to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes. " FHWA" means and refers to the Federal Highway Administration. "FTA" means and refers to the Federal Transit Administration. "Long Range Transportation Plan" is the 20 -year plan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities; and in ozonelearbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes. "Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in 23 USC Section 134(b)(1), 49 USC Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the MPO. "MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement. "Transportation Improvement Program (TIP)" is the transportation document which includes the following components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and project phases are consistent with applicable local government comprehensive plans adopted pursuant to Section 163.3161 et sea., Florida Statutes; and an indication of how improvements are consistent, to the maximum extent facilities, with affected seaport and airport master plans and with public transit development plans of the units of local government located within the boundaries of the MPO, all as required by 23 USC Section 134(h), 23 CFR Section 450.324, Section 339.175(7);, Florida Statutes. "Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by 23 CFR Section 450.314, and Section 339.175(8), Florida Statutes. Page 2 of 11 MZ 40 D POaM 525-010-01 POLMY PLANNING ooc - o5M ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Agreement is to establish the MPO: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation -related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as multi -modal and an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC Subsection 5303, 5304, 5305 and 5306]; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act 149 USC Subsection 5303, 5304, 5305 and 5306]; 23 CFR, Parts 420 and 450 and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws. Section 2.02, Major MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation -related plans and programs, including but not limited to: (a) The long range transportation plan; (b) The transportation improvement program; (c) The unified planning work program; (d) A congestion management system for the metropolitan area as required by state or federal law; (e) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (f) Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (g) Performing such other tasks presently or hereafter required by state or federal law. Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044, Florida Statutes, shows the legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, Florida Statutes, requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section Pap 3 d 11 339.175, Florida Statutes, specifies the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, Florida Statutes, the Department and all parties to this Agreement acknowledge that the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3161-3215, Florida Statutes, are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning processes and planning integrity of local governments as set forth in aforementioned law shall not be infringed upon. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the membership apportionment plan approved by the Governor is hereby created and established pursuant to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this metropolitan planning organization shall be the Indian River County Metropolitan Planning Organization. Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements. Section 3.03. Governing board to act as polig-making body of MPO. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy-making body forum of the MPO responsible for cooperative decision-making of actions taken by the MPO. The Governing Board is the policy- making body that is the forum for cooperative decision-making and will be taking the required approval action as the MPO. Section 3.04. Submission of proceedings: Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as is requested. Charges to be inaccordance with Chapter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i.e., FHWA, FTA, and FAA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION. MEMBERSHIP: TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the MPO shall consist of Ten (10) voting representatives and two (2) non- voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Indian River County Board of County Commissioners (4) City of Vero Beach (2) City of Sebastian (1) City of Fellsmere (1) Town of Indian River Shores (1) Pym s of 11