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HomeMy WebLinkAboutInterlocal Agreement MPO Creation 1580535 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1787 PG: 1800, 10/07/2004 09:17 AM FORM 525-010-01 POLlCY PLANNING OGC - 07/03 STATE OF FLORIDA DEPARTMENTOFTRANSPORTA1l0N INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION TillS INTERLOCAL AGREEMENT is made and entered into this ..b....day of ~2004, 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 Fedaral Government, under the authority of23 Unired States Code 134 and 49 United States Code 5303, requires each metropolitan area, as a condition to the receipt offederal capital or operating assistance, to 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 further requires the State Transportation Agency and the Metropolitan Planning Organization to enter into an Agreement clearly identifying the responsibilities of each party for cooperatively carrying out such transportation planning; WHEREAS, the parties to 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 United States Code Section 134, as amended by the Intennodal Surface Tranaportation Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (public Law 105-178, 112 Stat. 107),49 United States Code 5303-5307, 23 Code of Federal Regulations 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 United States Code 134(b), 49 United States Code 5303, 23 Code of Federal Regulations 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 (including the centml city or cities) in the metropolitan area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Walter Barnes, MPO Chairman, dated April 5,2004, the Governor has agreed to the apportionment plan of the members of the proposed Indian River County Metropolitan Plarming Organization as set forth in this Agreement; WHEREAS, pursuant to 23 Code of Federal Regulations 450.306( c), and Section 339. I 75(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 intcrlocal agreement is required to create the Indian River County Metropolitan Planning Organization and delineate the provisions for operation of the MPO; WHEREAS, the undersigned parties have determined that this lnterlocal Agreement satisfies the A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1801 FORM 525-010-01 POLlCY PLANNING OGC - 07/03 requirements of and is consistent with Section 339.l75(1)(b), Florida Statutes; WHEREAS, pursuant to Section 339.l75(1)(b), Florida Statutes, the interlocalagreement must be consistent with statutory requirements set forth in Section 163.0 I, Florida Statutes. relating to interlocal agreements; and WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with the requirements of Section 163.0 I, Florida Statutes. NOW, THEREFORE, in consideration oCthe 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 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. "FHW A" means and refers to the Federal Highway Administration. "fT A" 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 use 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 MFO for the urbanized area containing at least a population of 50,000 as described in 23 D.S,C. 134(b)(1), 49 D.S.C. Section 5303(c)(I), and Section 339.175, Florida Statutes, which sball be subject to the Metropolitan Planning Organization' planning authority. "MFO" 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, A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1802 FORM 525<110-01 POLICY PLANNING OGC - 07/03 23 Code ofFederal Regulations 450.324 and Section 339.175, Florida Statutes. "Unified Planning Work Program" (UPWP) is the annual program developed in cooperation with the Departmenl 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 Purnose. 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 maximwn extent feasible for transportation.related fuel conswnption 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 intennodal 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 V.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.c. 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. Maior:MFO Resnonsibilities. The IvlPO is intended to be a fonun 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, induding but not limited to: (a) The Long-range Tranaportation Plan; (b) The Transportation Improvement Program; (c) The Unified Planning Work Program; (d) A congestion management system for the metropolitan area.M required by state or federal law; (e) Assisting the Department in mapping transportation planning boundaries required by state or federal law; A TRUE COPY CERTIFICATION ON lAST PAGE J.K BARTON, CLERK BK: 1787 PG: 1803 FORM 525.010.01 POLICY PLANNrNG OGC-07!()3 (f) Assisting the Department in perfonning its duties relating to access management, functional classification of roads, and data collection~ and (g) Perfonning such other tasks presently or hereafter required by state or federal law. Section 2.03. MPO decisions coordinated with FOOT and consistent with comnrehensive nlans. 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 plarming 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 state\Vide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175, Florida Statutes, specifies the authority and responsibility of the MFO and the Department in the management of a continuing, cooperative, and comprehensive tmnsportation 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 ofMPO. 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 ooerate Dursuant 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, asswne, 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 Dolicv-makiDll body ofMPO. 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 ofnroceedinlls: 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 perfonnance as a metropolitan planning organization as is requested. Charges are to be in accordance with Chapter 119, Florida Statutes. Section 3.05. RilZhts ofreview. All parties to this Agreement, and the affected Federal funding agency (Le., FHW A, FT A, and FAA) shall have the rights of technical review and comment of MPO projects. A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1804 FORM .525-010-01 POLICY PLANNING CGe - 07103 ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Comoosition and membershin of lloveminll 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 ofFellsmere (1) Town of Indian River Shores (1) Indian River Coonty School District (I) Town of Orchid (I nonvoting) Florida Department of Transportation (1 nonvoting) (b) All voting representatives shall be elected officials of general pwpose local governments, except to the extent that the MFO 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 munber of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MFO 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 tenninates 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 tenns. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01, General autharitv. 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, authority: Section 5.02. Soecific authority and rowers. The MPO shall have the following powers and A TRUE COPY CERTIFICATION ON LAST PAGE J,K, BARTON, CLERK BK: 1787 PG: 1805 FORM 525-010-01 POLICY PLANNING OGe - 07/03 (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 finns to utilize the staff resources of local andlor state agencies; (b) As provided in Section 163.01(14), Florida Statutes, the MPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)(j), Florida Statutes, the MPO may acquire, own, operate, maintain, sell, or lease real and personaJproperty; (d) As provided in Section 163.01(5)(m), Florida Statutes, the MPO may accept funds, grants, assistance, gifts or bequests 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] (I) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or slate law. Section 5.03. Duties and resnonsibilities. The MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO 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 in Section 163.01(5)(0), Florida Statutes, the MPO membership shall be jointly and severally liable for liabilities, and the 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 MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MFO, in cooperation with the Department, shall cany out the metropolitan transportation planning process as required by 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; (I) As provided in Section 339. I 75(9)(a), Florida Statutes, the MPO 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 planning process will be coordinated and included in the comprehensively planned development of the area; (g) Prepare the Long-Range Trsnsportation Plan; A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK; 1787 PG: 1806 FORM 525-010.01 POLICY PLANNING OGC - 07/03 (h) 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; Gl Prepare a congestion management system for the metropolitan area; (k) Assist the Department in mapping transportation planning bOWldaries required by state or federal law; (1) Assist the Department in perfonning its duties relating to access management, functional classification of roads, and data collection; (m) 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 (0) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Fundin.. The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amoWlt of federal transportation planning funds. Section 6.02. Inventorv renort. The MFO 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 IS, Subpart C, and all other applicable federal regulations. Section 6.03. Record-keeninli!: and document retention. The Department and the MFO 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 IS, Subpart C, 49 CFR IS.42, and Chapter 119, Florids Statutes. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutorv duties and resoonsibilities of Darties. 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 A2reement. 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 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1807 FORM 525-0 I 0-0 I POLICY PLANNING OGC - 07/03 approval by the Governor. Section 7.03. Duration: withdrawal orocedure. (a) Duration. This Agreement shall remain in effect until terminated by the parties to Ibis Agreement; provided, however, that by no later than July I, 2009 and at least every five years thereafter, the Governor shall examine 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 years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend amendments, if any, that are required. (b) Withdrawal mooedure. Any party, except Indian River County and the United States Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting in written Conn a notice oHntent to withdraw to the other parties to this Agreement and the MPO, at least 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 Clerk 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 MFO, shall determine whether any reapportionment of the membership shall be appropriate. The Governor and the MFO shall review the previous MPO designation, applicable Florida and local 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, the parties acknowledge that pursuant to 23 CFR 450.306(k), adding membership to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. 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 requested. Notice required to be given shall be addressed as follows: Indian River County Board of County Commissioners 1840 25" Street Vero Beach, FL 32960-3365 City of Vero Beach 105320" Place V ero Beach, FL 32960 City of Sebastian 1225 Main Street Sebastian, FL 32958 City of Fellsmere 21 South Cypress Street Fell,mere, FL 32948 A TRUE COpy CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1808 FORM 525-010-01 POLlCY PLANNING OGe - 07/03 Town of Indian River Shores 6001 North SR AlA Indian River Shores, FL 32963 Indian River County School District 1990 25~ Street Vero Beach, FL 32960 Town of Orchid 9955 North SR AlA Orchid, FL 32963 Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 A party may Wlilaterally 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 shaU be addressed and transmitted to the new address. Section 7.05. Intemretation. (a) Drafters of Al!feement. 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 anyone 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 pennissive. Section 7.06. Enforcement bv oarties 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. Al1reement execution: Use of cOWltemart simature D3.2es. 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 A TRUE COpy CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK' 1787 PG' 1809 FORM 525...010-01 POLICY PLANNING aGe - 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 ftIing 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 the 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. A TRUE COpy CERTIFICATION ON LAST PAGE JK BARTON, CLERK BK: 1787 PG: 1810 FORM 525-010-01 POLICY PLANNING OGC-07/03 Signed, Sealed and Delivered in the presence of: INDIAN RIVER COUNTY BOARD O)'~OUNTY COMMISSIONERS ,'~'.. .~~. ~Yi.~~~." '",rf---'./ ~ .-::' . '!"'....', :~"(t:- f- :.,' >" ~:" ,Chairman '..;:fl('tri.. ",.~.....;.;,...nU1Y 13 ~ ..' ,,'- .... , (j), '~ ",<>~'l!!,.".". . d. ".~~.>/~ --:~P':.';~JCJerk ,,- ~\~:.:.;:~;;:~}.~~~"'. " . i41;,. ""\"~.\\, ..... C ny,':AF!...~.:... "^ ....)IEACH I?~ o.~ Q ,'.' ;:..,', .', \ B~"'.. _' .. " ~. ~'\ ':"I',c, ~.:, ( . ;',;: Mayor Ak~~...".>~ h. Uo~ ,;';>19_" , <)'1,"" Clerk , . ,,-.:L;~/;:,Y~:;:/;' ,', ." TO A By: i.;>...~~aYU""'f~. '.' 'c '. '14 f Attest~\ .... ".' .;; '." . ',', "... ... , <. ", ,.T~w Iork "':. .~, i?f;'~a'~;,'~f%..~./ " A TRUE COPY CERTIFICATION ON LAST PAGE J-K. BARTON, CLERK BK: 1787 PG: 1811 FORM 525-010-0] POLICY PLANNING aGe - 07/03 TOWN OF ORCHID By: Jl. Mayor Attest: ~ Tow. Clerk , -~; ~'>'-'>' S~{\iffiItI?IS;rRICT OF INDIAN RIVER COUNTY ,;"<".~ C .PY~ ,:_--':~.'~.~lfjf.'''~'.~-..:''.,.'~~'_' :_~-~~:, . / I . _'*,->",',' ,,\'. ". z:. aIrman -,j)',. '0... "".,-" 0':. :,. .'~"Atte#t+'/~~ .,,'/,_-,~">.~/ Ce ~~...........\\'IJ"""''So'' /':," "".,,~-j~' ",' '" '0""'.......\ vY,_.~'-.' . "" """.."!' By: Attest: ~ fIe...,... s"e' ...f1"clJ {efler -f'..", +1.... To...~".41 o.,t..; J A TRUE COPY' CERTIFICATION ON lAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1812 FORM 525-010-01 POLICY PLANNING OGC - 07/03 ",~"'_'!J~SW'PT),()ffi2OOJ~P~''''''''''''''';'~_I'-'-'.s.. A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1813 (TOWN ~'CHIDJ REC' '-'0 ii.:,vc.. C-i , I \ tlEPARTMEN~ .~,- -.'" '~:x_~r.O~A1:oN OFflCf v.., :..:_~, ~,~ July 8, 2004 CERTIFIED MAlL Rdum Rcc:oipt Rcquesced Tho HoDonbIc Govrmor Jdl B1IIh Office ofdle-.... Tho Capito1 ToIl-,FL323_1 Dear GoYanor Bulb: At it> -.. of July 7, 2004, Ibo Ma)W 0IId Town Coaacil oflbo Town ofOn:bid votaI III reject tho ~ Plan 0IId die Coualy'.l1lqUCllt ilr III ~ .......- sublIliltl:d by die MecnlpoIillD PIoaaiIlg o.p....ri_ ofIDdioa Riwr CoomI:y. Pleue be advised lhaIlbo TOWIl of 0n:IUd ~ _Ibo _ NPO Awuotiww.... PlIII for Ibo fullowing Jea!lODI: . Tho Town of On:hid ~ to an AJlIMlIli_ Plan _ Clllcludco Ibe ooIy ia..~..._ CClIlUIIllIIity (i.c. Ibe Town) in Indian Ri_ Couoty Iiam Ibo votiJIg_ Wbilc 1hc Town boo the _ J>OI"lioliIlll, we ... ~y Ibo fitlh _est ....n.<ipoIity iD _ 10 __ _ per capita in Ibo _ of Florida. Locolly, 1I1c Town'. __ofS4171Dil1ioD is SA limeolbltoflbo CityofFcI_ Yo! the CityofFc_ bas. vote 0IId the Town ofOrcbiddoeo DOl_.... votcoolboNPO. . Whi\e Ibe TOWJl docs DOl object to 1hc inchllim of 1hc ocboo1 boanl II . voliDg - of Ibo MPO, .... ~ _ any ~ in -.bcnbip, or any plan, wIticb ...m....1o _Ibo Town ofOn:bid ~ haviq votins pri~. . In die NPO S1aIJ DiIoclor'. _ Iettl:r, be '.m._ Ibo I( ."....~ reool_ lbItw.eodoplcd by die voliDgmanben OIId....-.voliDg_(dleSc:llool_l of Ibo MPO. To our koowlccIge, Ibo Town'. pooitiGn of .......~ of Ibe oriaiual Apporlitlow<m PiIIl was DOl .....otiuuod in doc RpOIt lo 1hc PIoricIa 1leportmcnt of ~ 0IId 1hc Go.cmcr. Offi... AotioR lo_lbc Appottio....... Plan was -........Iy _ by doc Mayor ..... TOWD Cooacil at i1a Febrwu:y 2004 ltUlOIiDg. In IlIlbeequcat di....,~ with 1beMPO S1affDilector. RlCplBII were mD as to whether or DOl he JeqUinld. Town -... of_~..,. 0IId he advised liIat die Town'. Icltcr and bnmri~.1IlOtion against 1hc Appodi<lament Plan was ouflicimL 7'" U81bG1:1'111Q" I . VIIO Bw:H. Fl 32967 ......: 772.569.7616 ~ F.Q: 771.J69.7688 A TRUE COPY CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK: 1787 PG: 1814 Oovemor Job B..h Page 2 luIy 8, 2004 . 1bo pouibllity of CltllbIilhiDg . bmicr iaIand MPO w1ios 1DlIIIlber that more closely ~ the Town'. inIlnIt OIllhia _ was di........ wi1h the MPO SlalfDirec:lcr. To <1m, the Town'. IeqIKlIl bas not -. CODJidered lluthor, aIthou8h dle MPO Staff D_ has adviIed dle Town 10 "'"'" anolher IbrmaIIct10r 10 tb8 MPO. Ilaied OIl the above ROd CCllISiatent wiIh tho Town CouDciI actioos, the Town; . Formally ni- II1'J intakJcal osreement JeIaliDg 10 the MPO ~ PIaD 1IIIIil the Town is 11IOI1O ......odd) __led, DOt ooIc1y hasod OIl ita ~ ConoidonIioD of votiDa priYilops ohouId be gn.lo tb8 _ of ad vaIonm proccodo paid to tb8 CoUDty by the Town &ad tb8 Town'.1uab1e value in _ to odlor IDdiaa !liver Couo1y _.._ wiIhin tb8 Couuly. . By copy of lhia Ict10r to tb8 Couuly &ad tho MPO, tb8 Town adviaoo that tho CouDly wad< more camuJly _ tb8 Town to .my alIrmaIivca (i.e. Town votiDa 1IlOUII>or, _ iolaDd vocia& member or, if. '1)'. lhc cration of . 1Il1JIIioipaIleagao &lid votiDS member ~ by tb81Aaguc) to _ tb8 Town 1loo.1air...... ',.;n., OIl tb8 MPO. Tbo Town ill pIOI'idiDs IIIia l01I<< to tbo Ocmmor'. Oflicc diIa:tlyaiaco it ia oar belief \bat tb8 Town of On:hid'. _ of DO.,..''''......,. of tb8 origiDaI Apporlioamoat PIm ....DOt clNriy I.L' 'H..! &ad -. ~ _ oftb8 MPO'. tIdI mmtbonIIip....., DOt _~ maIcd II> lhc Clo9anor'. Oflicc aod tb8 Florida ~ of TnItIpodali.... SinoenIy. ~ !f.:.~ .11 va":l:;..~ Town ofOrcbld ilDcIoIano oc: Mayor aod Town CourtciI FIoIida ~ of'l'nnlpon1llion JndiaD River CouDly BoanI of County Commloai...... Mr. JoscphBainl, County Al\m;.u- Mr. RobatKellillg, MPO SfaffD_ Mr. ADlhmy 0....-, Town AtlDmey STAlE" ~1lft'I INOIAN AI\IER THIS 810 "",,,1ft mu& 1HO __4Cl I)MM .....,. ",. -." FORM $25-010-01 POLICY PLANNING OGC-05~)8 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and entered into this ~,~,, day of .~_~q ~.54~ , 2002, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; th~ COUNTY O~ I~IAi~ 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 5303], 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. I75, 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 November 6, 2001, 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 organizgtion ~nd delineate the provisions for operation of the MPO; WHEREAS, the undersigned parties have determined that this Agreement satisfies the requiremet~ of~t~d c'~ rn ~r 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.~onsi~)r~ with statutory requirements set forth in Section 163.01, Florida Statutes, relating to interlocal agreement~?and~ WHEREAS, the undersigned parties have determined that this Agreement is consistent with the requirerh~nts of Section 163.01, Florida Statutes. Page I of 11 FORM 525-010-01 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 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 tree 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 USC Section 134(b)(1), 49 USC Section 5303(c)(1), and Section 339.175, Flofida 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 seq., 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 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 arel 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 [49 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 Depamnent's role in transportation. Section 334.044, F]orlda 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 Page 3 of 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 proceedi, ng 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 policy-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 ~overning board. (a) The membership of the MPO shall consist of Eleven (11) voting representatives and three (3) non-voting representatives. The names of the member local govemmentai 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) Page 4 of l I School District of Indian River County (1-nonvoting) Florida Department of Transportation (17nonvoting) Town of Orchid (1-nonvoting) (b) Ail 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 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 falls 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 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 (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 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. authority: Section 5.02. Specific authofity and powers. The MPO shall have the following powers and (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 MPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(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 bequests from local, State, and Federal resources; (e) The MPO may promulgate roles to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rnles and regulations; and] PageS of II FORM 525-01 ~-01 POLICY PLANNING OGC - 05198 (f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. responsibilities: Duties and responsibilities. The MPO shall have the following duties and (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO 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 in Section 163.01(5)(o), Florida Statutes, the MPO membemhip shall be jointly and severally liable for liabilities, and the 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 MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by 23 CFR 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 MPO 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 planning process will be coordinated and included in the comprehensively planned development of the area; (g) Prepare the Long-Range Transportation Plan; (h) 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; Prepare a congestion management system for the metropolitan area; (k) Assist the Department in mapping ~'ansportation 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; (m) 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. Page 6 of 11 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 ali 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 18d, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes. ARTICLE 7 MISCELLANEOUS PROVISION Section 7.01. Constitutional or statutory duties and responsibilities of parties. T h i s Agreement shall not he 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 approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) Duration. This Agreement shall remain in effect until terminated by the parties to this Agreement; provided, however, that by no later than July 1, 2007 and at least every five (5) years thereafter, the Governor shall examine 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 MPO and the Department 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 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 Clerk 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 Page 7 of 11 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, the parties ac_knowledge that pursuant to 23 CFR Section 450.306(k), adding membership to the MPO does not automatically require redesignation of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. 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 requested. Notice required to be given shall be addressed as follows: Indian River County Board of County Commissioners 1840 25th Street Vero Beach, Fl 32960-3365 City of Vero Beach 1053 20~h Place Vero Beach, FI 32960 City of Sebastian 1225 Main Street Sebastian, F1 32958 City of Fellsmere 21 South Cypress Street Fellsmere, F1 32948 Town of Indian River Shores 6001 North SR A1A Indian River Shores, FI 32963 School District of Indian River County 1990 25th Street Vero Beach, Fl 32960 Town of Orchid 9955 North SR A1A 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. 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. PageS of 11 (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 roles 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 one and the same instrument. Section 7.08. 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 the 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 Int?Cioc.al ~groemdia[ behalf of the referenced legal entities and hereby establish the above designated MPO. Page 9 of 11 Signed, Sealed and Delivered in the presence of: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Rut~M. Stanbridge, Chairmaff BCC /¢pr.~e¢~l: A~12ri~ Attest(~ ~ 2>ea,~.~ Clerk u 6/ Attest.~~ 1~. i)/r~ - ~y Clerk CITY OF SEBASTIAN OF .FELI,SMERE ~ 2_~-~~: ~ayor City Clerk T~_~/OF I DIA~N RIVE~~ _~ - ;~ Mayor Attest:~ ~,g~ ? t'own Clerk / Page IOof 11 FORM 525-010-01 POLICY pLANNING OGC - 05/98 Town Clerk SCHOOL DISTRICT OF INDIAN RIVER COUNTY By: Chairman Attest: Clerk FLORIDA DEPARTMENT OF TRANSPORTATION By: , District S~