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HomeMy WebLinkAbout2004-163STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF TH METROPOLITAN PLANNING ORGANIZATION FORM 525-010-01 j a POLICY PLANNING Hi ri' OGC - 07/03 THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2004, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF IND AN RIVER; the CITIES OF VERO BEACH, SEBASTIAN and FELLSMERE; the TOWNS OF INDIAN ' ER SHORES and ORCHID, and the SCHOOL DISTRICT OF INDIAN RIVER COUNTY. RECITALS WHEREAS, the Federal Government, under the authority of 23 United States Code States Code 5303, requires each metropolitan area, as a condition to the receipt of federal ca assistance to have a continuing, cooperative, and comprehensive transportation planning pr plans and programs consistent with the comprehensively planned development of the metro further requires the State Transportation Agency and the Metropolitan Planning Organizatio Agreement clearly identifying the responsibilities of each party for cooperatively carrying o transportation planning; 34 and 49 United ital or operating cess that results in olitan area, and to enter into an t such WHEREAS, the parties to this Interlocal Agreement desire to participate cooperative y in the performance, on a continuing basis, of a coordinated, comprehensive transportation plannin:, process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will .e properly located and developed in relation to the overall plan of community development; WHEREAS, 23 United States Code Section 134, as amended by the Intermodal Surf. ce Transportation Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Pub is Law 105-178, 112 Stat 107), 49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306. d 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 United States Code 134(b) 49 United States Code 5303, Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been ma and units of general purpose local government representing at least 75% of the affected pop the central city or cities) in the metropolitan area to designate a Metropolitan Planning Org WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Walter Chairman dated April 5, 2004, the Governor has agreed to the apportionment plan of the m proposed Indian River County Metropolitan Planning Organization as set forth in this Agree WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 33 Statutes, an interlocal agreement must be entered into by the Department and the governmen designated by the Governor for membership on the MPO; WHEREAS, the interlocal agreement is required to create the Indian River County M-tropolitan Planning Organization and delineate the provisions for operation of the MPO; 23 Code of Federal e by the Governor lation (including ization; Barnes, MPO mbers of the ent; .175(1)(b), Florida al entities WHEREAS, the undersigned parties have determined that this Interlocal Agreement atisfies the FORM 525-010-01 POLICY PLANNING OGC - 07/03 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 Interlocal Agreement is consistent with the requirements of Section 163.01, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are 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 ozone/carbon 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 U.S.C. 134(b)(1), 49 U.S.C. Section 5303(c)(1), and Section 339.175, Florida Statutes which shall be subject to the Metropolitan Planning Organization' planning authority. "MPO" means and refers to the Metropolitan Planning Organization formed pursuant to this Agreement "Transportation Improvement Program" (TIP) is the is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long -Range Transportation Plan and developed pursuant to title 23 United States Code 134(h), 49 United States Code 5304, FORM 525-010-01 , POLICY PLANNING OGC - 07/03 one and the same instrument. Section 7.08. Effective date; Cost of recordation. (a) Effective date. This Agreement shall become effective upon its iling 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 . f the Circuit Court for each county in which a party hereto is located. (b) Recordation. The Department hereby agrees to pay for any cos s of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a . arty is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to th MPO for filing in its records. IN WITNESS WHEREOF, the undersigned parties have executed this In erlocal Agreement on behalf of the referenced legal entities and hereby establish the above desig ated MPO. FORM 525-010-01 POLICY PLANNING OGC - 07/03 Town of Indian River Shores 6001 North SR A1A Indian River Shores, FL 32963 Indian River County School District 1990 25th Street Vero Beach, FL 32960 Town of Orchid 9955 North SR Al Orchid, FL 32963 Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 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. Interpretation. (a) Drafters of Agreement The Department and the members of the 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. (b) Severability. Invalidation 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 force 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 hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 7.07. Agreement execution; Use of counterpart signature pages. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts each of which so executed shall be deemed to be an original, and such counterparts together shall constitute FORM 525-010-01 POLICY PLANNING OGC - 07/03 approval by the Governor. Section 7.03. Duration; withdrawal procedure (a) Duration. This Agreement shall remain in effect until terminated by the p. ies to this Agreement; provided however, that by no later than July 1, 2009 and at least every five yea s thereafter, the Governor shall examine the composition of the MPO membership and reapportion it as nec: ssary to comply with Section 339.175, Florida Statutes, as appropriate. During examination of the MPO ap.ortionment every five years by the Governor, this Agreement shall be reviewed by the MPO and the Departm:nt to confirm the validity of the contents and to recommend amendments, if any, that are required. (b) Withdrawal procedure Any party, except Indian River County and Bureau of the Census designated center city(ies), may withdraw from this Agreement after form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at 1 the intended date of withdrawal. Upon receipt of the intended notice of withdrawal (1) The withdrawing member and the MPO shall execute a memorand withdrawal of the member and alteration of the list of member governments that are signato Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court which a party hereto is located; and e United States esenting in written ast 90 days prior to (2) The Office of the Governor shall be contacted and the Governor, the remaining members of the MPO, shall determine whether any reapportionment of the m appropriate. The Governor and the MPO shall review the previous MPO designation, appli local law, and MPO rules for appropriate revision. In the event that another entity is to acco the place of the member withdrawing from the MPO, the parties acknowledge that pursuant 450 306(k), adding membership to the MPO does not automatically require redesignation o event that a party who is not a signatory to this Agreement is accorded membership on the shall not become effective until this Agreement is amended to reflect that the new member reflecting the ies to this f each county in th the agreement of mbership shall be able Florida and ded membership in o 23 CFR the MPO. In the 0 membership as joined the MPO. Section 7.04 Notices. All notices demands and correspondence requir under this Agreement shall be in writing and delivered in person or dispatched by certified prepaid, return receipt requested. Notice required to be given shall be addressed as follows: d or provided for ail, postage Indian River County Board of County Commissioners 1840 256 Street Vero Beach, FL 32960-3365 City of Vero Beach 1053 20th Place Vero Beach, FL 32960 City of Sebastian 1225 Main Street Sebastian, FL 32958 City of Fellsmere 21 South Cypress Street Fellsmere, FL 32948 FORM 525-010-01 POLICY PLANNING OGC - 07/03 In cooperation with the Department, prepare the Transportation Improvement Program, 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; (1) Assist the Department in performing its duties relating to access management, functional classification of roads, and data collection; Perform such other tasks presently or hereafter required by state or federal law; Execute certifications and agreements necessary to comply with state or federal law; and Adopt operating rules and procedures ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning 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 18, Subpart C, and all other applicable federal regulations. Section 6.03. Record-keeping and document retention. 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 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119 Florida Statutes. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties This Agreement shall not be construed to authorize 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 offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties here to with the same formalities as the original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without FORM 525-010-01 POLICY PLANNING OGC - 07/03 (a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO ma, employ personnel and/or may enter into contracts with local or state agencies and private planning or engineer ng firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01(14), Florida Statutes, the MPO may e ter into contracts for the performance of service functions of public agencies* (c) As provided in Section 163.01(5)0), 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 ma accept funds, grants, assistance, gifts or bequests from local, State, and Federal resources; (e) The MPO may promulgate rules to effectuate its powers responsibili ies, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable loc:1 and state laws, rules and regulations; and) (f) The MPO shall have such powers and authority as specifically provi • ed in Sections 163.01 and 339.175, Florida Statutes and as may otherwise be provided by federal or state 1:w. Section 5.03. Duties and responsibilities. The MPO shall have the following • uties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shal create and appoint a technical advisory committee; (b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shal create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(o), Florida Statutes, the MPO mem jointly and severally liable for liabilities, and the MPO may respond to such liabilities throu insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settle its governing board; ership shall be h the purchase of ents of claims by (d) As provided in Section 339.175(8), Florida Statutes, the MPO shall e ablish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Pl. ing Work Program; (e) The MPO, in cooperation with the Department, shall carry out the me transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 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 MPO shall agreements with the Department, operators of public transportation systems and the metropo intergovernmental coordination and review agencies serving the metropolitan area These a prescribe the cooperative manner in which the transportation planning process will be coordi in the comprehensively planned development of the area; (g) Prepare the Long -Range Transportation Plan; ropolitan 13, Subpart A, and enter into itan and regional reements will ated and included FORM 525-010-01 POLICY PLANNING OGC - 07/03 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 twelve (12) voting representatives and two (2) non-voting representatives. 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 (5) City of Vero Beach (2) City of Sebastian (2) City of Fellsmere (1) Town of Indian River Shores (1) Indian River County School District (1) Town of Orchid (1 nonvoting) Florida Department of Transportation (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, a member of a statutorily authorized planning board or 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 one-third of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four 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 year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. 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 comprehensive 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: FORM 525-010-01 POLICY PLANNING OGC - 07/03 (f) Assisting the Department in performing its duties relating to access manag-ment, functional classification of roads, and data collection; and (g) Performing such other tasks presently or hereafter required by state or fede al law. Section 2 03. MPO decisions coordinated with FDOT and consistent with co Chapter 334, Florida Statutes, grants the broad authority for the Department's role in trans 334.044, Florida Statutes, shows the legislative intent that the Department shall be responsi the planning of a safe, viable and balanced state transportation system serving all regions o 339.155, Florida Statutes, requires the Department to develop a statewide transportation pl to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and respon and the Department in the management of a continuing, cooperative, and comprehensive tr process for the metropolitan area. prehensive plans. ortation. Section le for coordinating the State. Section which considers, cal government ibility of the MPO sportation planning 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 th provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, Sectio s 163 3161-3215, Florida Statutes, are applicable to this Agreement. The parties to this Agreement shall take .articular care that the planning processes and planning integrity of local governments as set forth in aforement oned 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 d scribed in the membership apportionment plan approved by the Governor is hereby created and establishepursuant to the Agreement to carry out the purposes and functions set forth in Articles 2 and 5 The legal n. me of this Metropolitan Planning Organization shall be the Indian River County Metropolitan Plannin: Organization. Section 3.02. MPO to operate pursuant to law. In the event that any election, eferendum, approval, permit, notice, other proceeding or authorization is required under applicable law . undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provi . ions 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 policy-making body of MPO. The go established pursuant to Section 4.01 of this Agreement shall be the policy-making body fo responsible for cooperative decision-making of actions taken by the MPO. The governing b making body that is the forum for cooperative decision-making and will be taking the requir as the MPO. erning board of the MPO and is the policy - d approval action Section 3.04. Submission of proceedings; Contracts and other documents Subject to the nght 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 perfo ance as a metropolitan planning organization as is requested. Charges are to be in accordance with Ch pter 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 f MPO projects. FORM 525-010-01 POLICY PLANNING OGC - 07/03 23 Code of Federal Regulations 450.324 and Section 339.175, Florida Statutes. "Unified Planning Work Program" (UPWP) is the annual program 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 450.314, and Section 339.175(8), Florida Statutes. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Agreement is to establish the Indian River County Metropolitan Planning Organization: (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 U.S.C. 34 and 49 U.S.C. 5303, 5304, 5305 and 5306; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department as required by 23 U.S.C. 134 and 49 U.S.0 5303, 5304 5305 and 5306; 23 CFR 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; FORM 525-010-01 POLICY PLANNING OGC - 07/03 P:1Community DevelopmentlUsersllvlPGWGRMNTSWPPTMNT12003 Apportionment PIan12003 Apprtnmt Interlocal Agreementdoc Signed, Sealed and Delivered in the presence of: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ZirBy: �r„ , Chairman BCC Ap• July 13 Attest: -�.. ;� ,� �• ✓t ; Y Clerk dir CITY OF VERO BEACH By: Mayor Attest: City Clerk CITY OF SEBASTIAN By: Mayor Attest: City Clerk CITY OF FELLSMERE By: • Mayor Attest: City Clerk TOWN OF INDIAN RIVER SHORES By: Mayor Attest: Town Clerk FORM 525-010-01 POLICY PLANNING OGC - 07/03 TOWN OF ORCHID By: Mayor Attest: Town Clerk SCHOOL DISTRICT OF INDIAN RIVER COUNTY By: Chairman Attest: Clerk FLORIDA DEPARTMENT OF TRANSPORTATION By: District Secretary Attest: Clerk FORM 525-010-01 • POLICY PLANNING OGC - 07/03