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HomeMy WebLinkAbout2000-274Ix}RMsasnia0t -� �� MUCY "ANNISO OCXAS&I MTV OFFi.ORMADEPARIAWNTOF1IMS ORTMON �� INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and enteral into this day of 2400, by and tT-mveen the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF INDIAN RIVER; theCfl`lES OF VERO BEACH, SEBASTIAN, and FELLSMERE; the TOWNS OF INDIAN RIVER SHORES and ORCHID; anti the SCHOOL DISTRICT OF INDIAN RIVER COUNTY, RECITALS: WHEREAS, dr Fe doral Government, under the authority of 23 USC Section 134 and Sections 4(a), 5(g)(1), and S 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 Stute 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 outer 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 Section5303, 23 CFR Section450.346, 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 Suction 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 l tterlocal 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 roquiremetim of and is consistent with Section 339.175(i)(b), Florida Statutes; WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, Ute interlocal agreement must be consistent with statutory requirements set forth in Section 1610 1. Florida Statutes, relating to imerkxal agreements: and WHEREAS, the undersigned parties have determined that this Agreement is consistent tti ith the requirements of Section 163.0 1. Florida Statutes, P-jelo 11 40 40 FIA ICY RANO M .oun NOW, THEREFORE., In oomideration of the mutual covenants, promises, and representation herein, the parties desiring to he legally bound, do agree as follows: ARTICLE 1 RECITAL $' DEFINITIONS Section 1.01. 'Iccitals, 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. Definiguns, The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings'. "Agreement" means acid 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 tc 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 tate plan can be implemental and assesses capital improvements necessary to preserve tate existing metropolitan transportation system and make efficient use of existing transportation facilities, Indicates proposed transportation enhancement activities; and in ozonelcarbon 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 33:1.175(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 334.175, Florida Statutes, which shall he 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 tide 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 kcal government comprehensive plans adopted pursuant to Section 163.3161 etetsat., 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 plaits 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 devetoped in cooperation with the DeparMttent 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 334.175(8), Florida Statutes. Pyo Y d 11 40 • 40 MA XY' P ANNNO ooc . ox 91 ARTICLE 2 PURPOSE Section 2.01. General Pumuse. no purpose of this Agreement is to establish the MPO: (a) To assist In the development of transportation systems embracing various modes of transpcmation in a manner that will maximize the nobility of people and goods within and through this metropolitan area of this state and minitnixe, to lite maximum extent feasible for transportation -related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which pians and programs provide for the development of transportation facilities that will function as multi -modal and an Intermodal transportation system for lite metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process Owt results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with lite 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 S of the Federal Transit Act 149 USC Subsection 5303. 5304, 5305 and 53051; said (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 [49 USC Subsection 5303, 5304, 5305 and 53061; 23 CFI;, Parts 420 and 450 and 49 CFR fart 613. Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws. Section 2.02. Major MPQ Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the govenrunentai entities which are party to this Agreement in the development of transpprtation-related plans and programs, including but not limited to: (a) The long range transportation plan, (b) The transportation improvement program; (c) The unified planting 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 planting 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 ter federal law. Section 2.03. MPO decisions conrdlnated with FDQj and coLWstem with comprehensive Plans, Chapter 334, Florida Statutes, grams the broad authority fpr 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 l3g),triment to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans. htPO Plans, and approved local govermnent comprehensive plaits. Section PW IQ( n i FM 51541vat rrxicv PLANMO OW -03M 339.175, Florida Statutes, specifies the authority and resportsihility of the MPO atxl 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 163.316t-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 total governments as set forth in aforementioned law shall not he infringed upon ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. lstablishnuent of MP f . The MPO for the maropolltan 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 QW41c 1xtrsuant Io 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. CQgMping hgard to act as Mijicy 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: Conlr�3cts and other dNumcnlE. Subject to the right to claim an exemption frorn the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall subunit to catch 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 Chanter 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 camment of MPO projects. ARTICLE 4 COMPOSITION: hdEMBERSHIP, TERMS OF OFFICE Section 4.01. Ca position and memh�{ship 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 Ute 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 Riva Sutures (1) PW 4..4 1 t • 40 C� POW25-01041 aai POLICYP'IANNIN i OOC . 93198 School District of Indian River County (1) Florida Department of Transportation (I -nonvoting) "Town of Orchid (1 -nonvoting) (b) All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of Its apportioned voting membership, an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county commission representatives constitute less than ane -third of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPD fails to fill an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a representative, that appointment shall he made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. TP& term of office of members of the MPD shall be four (4) years, The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member, A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four (4) year turns. ARTICLE 5 AUTHORITIES. POWERS, DUTIES AND RESPONSIB LrMS Section 5.01. General authorily, The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuing, cooperative, and comprebertsive transportation planning process as specified in Section 339.175(4) and (5), Florida Statutes. Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority; (a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01(14), Florida Statutes, the MPD may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.0](5)(j), Florida Statutes, the MPO may acquire, own. operate, maintain, sell, or lease real and personal property; (d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, grants, assistance, gifts or b N. uests from local, State, and Federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations; and] Ntv5of 11 4W i • K*14 s1i d1"l roto PLAIT 7Tlrn 0610. • ©V9 B (1) The IVIP0 spall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by fodexal or state law. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, Ole MPD shall create and appoint a technical advisory committee; (b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a citizens' advisory committee;. (c) As provided hn Section 153.01(5)(0), Florida Statutes, the MPD membership shall be jointly and severally liable for liabilities, and file MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board; (d) As provided in Section 339.175(8), Florida Statutes, the MPD shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) Titc MPD, in Cooperation with the Department, shall carry out tate metropolitan transportation plamling process as required by 23 GFR Part 420 and 450, and 49 CFR Part 613, Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws; (f) As provided in Section 339.175(9)(a), Florida Statutes, the MPD shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planting process will be coordinated and included in the comprehensively planned development of the area; (g) Prepare the Long -Range Transportation Plan; (11) In cooperation with the Department, prepare the Transportation Improvement Program; (i) In cooperation with the Department, prepare and annually update the Unified Planning Work Program; (j) Prepare a congestion management system for the metropolitan area; (k) Assist the Department in mapping transportation planning boundaries required by state or federal law; (l) Assist the Department in performing its duties relating to access management, functional classification of roads, and data collection; (nn) Perform such other tasks presently or hereafter required by state or federal law; (n) Execute certifications and agreements necessary to comply with state or federal law; and (o) Adopt operating rules and procedures, r'W6or 11 CA 40 0 ronM sea-0sa-0s murYTIANNINO oac.Ong ARTICLE 6 FUNDING INVENTORY REPORT, RECORD-KEEPING Section 6.01. Funin . The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amount of federal transportation pla)tdng funds. Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to Insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance with the requirements of 23 CFR Part 420, Subpart A, 49 CFR Part I8, Subpart C., and all other applicable federal regulations. Section 6.03. Record-keeping and document rctention. The Department and the MPO shall prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23 CPR Part 420, Subpart A, 49 CFR Part 18d, Subpart C, 49 CFR Section 18,42, and Chapter 119, Florida Statutes. ARTICLE 7 MISCELLANEOIIS PROVISION Section 7.01. Constitutinttal or statutory duties and responsibilities of parties. T h i s Agreement shall not he construed to authodit the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this performance may be offerers in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Agreement. Amendments or modifications of osis Agreement may only be made by written agreement signed by all pardas here to with the same formalities as lite original Agreement. No amendment may alter tite apportionment or jurisdictional boundaries of the MPO without approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) Dura i n. This Agreement shall remain in effect until terminated by the parties to this Agreement; provided, however, that by no later than December 31, 2002 and at least every five (5) years thereafter, the Governor shall exanilne the composition of the MPO membership and reapportion it as necessary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the MPO apportionment every five (5) years by the Governor, this Agreement shall be reviewed by the MPD and the Department to confirm the validity of the contents and to recommend amendments, if any, that are required. (b) Wilhdrawal proccdure. Any party, except Indian River County and the United States Bureau of the Census designated center city, may withdraw from this Agreement after presenting in written form a notice Of intent to withdraw to the other parties to this Agreement and the Indian River County MPO, at least ninety (90) days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal. (1) The withdrawing member and the MPO shall execute a memorandum reflecting the. withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. The memorandum shall be filed in the Office of the Clcrk of the Circuit Court of each county in which a party hereto is located; and (2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and local Nge7at 11 4W a FOMI 525.010�01 KH -Ir. r vzhr NUG aac.osffla law, and MPO rules for appropriate revision. In the event that another entity is to accorded membership in the place of the member withdrawing from the MPO, lite parties acknowledge that pursuant to 23 CFR Section 450.306(k), adding membership to the MPO does not automatically require redesignation of the MPC. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPD, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notico. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requestod. Notice required to be given shall be addressed as follows: Indian River County Board of County Commissioners 1840 2511 Street Vero Beach, Fl 32960-3365 City of Vero Beach 1053 20U' Place Vero Beach, F132960 City of Sebastian 122.5 Main Street Sebastian, Fl 32958 City of Fellsmere 2I South Cypress Street Fellsmere, Fl 32948 Town of Indian River Shores 6001 North SR AIA Indian River Shores, Fl 32963 School District of Indian River County 1990 251" Street Vero Beach, F132960 Town of Orchid 9955 North SR Al Orchid, Fl 32963 Florida Department of Transportation 3400 W. Commercial Boulevard_ Ft. Lauderdale, F133309-3421 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. lnternretationm (a) Drafters of Agreement. The Department and the members of file MPo were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in choice of wording, Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. I'Apsor 11 r 7 40 40 PURM SYS -010.61 Policy PLANMNO oac -ossa (b) Severabilityinvalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by Judgement, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full farce and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural; (2) The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. Section 7.06. Enforcement by parties I In the event of any Judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party sluall bear its own attorney's fees in connection with such proceeding. Section 7.07. Agreement execution: Use of countMart signalure. panes. This Agreement, and any amendments hereto, may be simultaneously executed In several counterparts, each of wNch so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument, Section 7.48. Effective date: Cost of recordation (a) Effective date. This Agreement shall become effective upon its filing In the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located, (b) Recordation. The Department hereby agrees to pay for any costs of recordation or filing of this Agreement in tine Office of the Circuit Court for each county in which a party is hereto located, The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby establish the above designated MPO. Pµc 9 n1 11 tf Signed, Sealed and Delivered in the prceence of. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: C�f+t/1 Chairman Attest• � Clerk CITY OF VERO BEACH By: Mayor Attest: City Clerk CITY OF SEBASTIAN Mayor Attest: City Clerk CITY OF FELLSMERE By: Mayor Attest: City Clerk TOWN OF INDIAN RIVER SHORES By: Mayor Attest: Town Cleric rQRM sls.ol"l roucP ri VWNG Pap 10 of 11 40 40 40 TOWN OF ORCHID By: Mayor Attest: Town Clerk SCHOOL DISTRICT OF INDIAN RIVER COUNTY By: Chairman Attest: Clerk FLORIDA DEPARTMENT OF TRANSPOR'T'ATION By: District Secretary Attest: Clerk FORM 525-010-01 Poucr v1.aNNNO 000.05196