HomeMy WebLinkAboutInterlocal Agreement MPO - Public Transport Coordinator INTERGOVERNMENTAL COORDINATION AND REVIEW
AND
PUBLIC TRANSPORTATION COORDINATION
JOINT PARTICIPATION AGREEMENT
THIS JOINT PARTICIPATION AGREEMENT is made and entered into this ~ day of ?)'~.r c~
199 ~ , by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; th~ INDIAN RIVER
COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO); the TREASURE COAST REGIONAL
PLANNING COUNCIL; INDIAN RIVER COUNTY; the CITY OF VERO BEACH; and the CITY OF
SEBASTL~.N.
RECITYJ..S:
WHEREAS, the Federal Governmem, under the authority of 23 USC Section 134, as amended by the
Intermodal Surface Transportation Efficiency Act of 1991, and Sections 4(a), 5(g)(1), and 8 of the Federal Transit
Act [49 USC app. Subsection 1603(a), 1604(g)(1), and 1607], requires that each metropolitan area, as a condition
to the receipt of federal capital or operating assistance, have a continmng, cooperaUve, and comprehensive
transportation planning process that results in plans and programs consistent with the comprehensively planned
development of the metropolitan area;
WHEREAS, 23 USC Section 134 (a) and (b), as amended by the Intermedal Surface Transportation
Effieianey Act of 1991, 49 USC Section 1607(a) and (b), 23 CFR Section 450.306, and Section 339.175, Florida
Statutes, provide for the creation of metropolitan planning organizations to develop transportation plans and
programs for metropolitan areas;
WHEREAS, the aforementioned Federal laws require that the State, the MPO, and the operators of
publicly owned transportation systems shall enter into an agreement clearly identifying the responsibilities for
cooperatively carrying out such transportation planning (including corridor and subarea studies pursuant to 23 CFR
Section 450.316 and 450.318) and programming;
WHEREAS, pursuant to Section 20.23, Florida Statutes, the Department has been created by the State of
Florida, and the Department has the powers and duties relating to transportation, all as outlined in Section 334.044,
Florida Statutes;
WHEREAS, pursuant to 23 USC Section 134, 49 USC app. Section 1607, 23 CFR Section 450.306, and
Section 339.175, Florida Statutes, a metropolitan planning 9rgauization has been designated and apportioned by the
C~vem..or of the -e~*.e of Ho~.da, udth the ?gr~.ement of ~h~?ffee~d u~ of general p~:..ny?:~ local government, to
organize and embl!sh ttle MPO; ~
WHEREAS, pursuant to an interlocal agreement executed on April 12, 1993, and filed with the Clerk of
the Circuit Court of Indian River County, the MPO was established;
WHEREAS, pursuant to Section 339.175(9)(a)2., Florida Statutes, the MPO shall execute and maintain an
agreement with the metropolitan and regional intergovernmental coordination and review agencies serving the
Metropolitan Area;
WHEREAS, the aforesaid agreement must describe the means by which activities will be coordinated and
specify how transportation planning and programming will be part of the comprehensively planned development of
the Metropolitan Area;
WHEREAS, pursuant to Section 186.504, Florida Statutes, and Rule 27E-1.002, Florida Administrative
Code, the Treasure Coast Regional Planning Council was established and operates with a primary purpose of
intergovernmental coordination and review;
WHEREAS, pursuant to Section 186.505(24), Florida Statutes, the Regional Planning Council is to review
plans of metropolitan planning organizations to identify inconsistencies between those agencies' plans and
applicable local government comprehensive plans adopted pursuant to Section 163.3161 et ma_., fs;
WHEREAS, the Regional Planning Council, pursuant to Section 186.507, Florida Statutes, is required to
prepare a Strategic Regional Policy Plan, which will contain regional goals and policies that address regional
transportation issues;
WI-IEREAS, based on the Regional Planning Council's statutory mandate to identify inconsistencies
between plans of metropolitan planning organizations and applicable local government comprehensive plans, and to
prepare and adopt a Strategic Regional Policy Plan, the Regional Planning Council is appropriately situated to
assist in the intergovernmental coordination of the intermodal transportation planning process;
WHEREAS, pursuant to Section 186.509, Florida Statutes, and Rule 29K4 Florida Administrative Code,
the Regional Planning Council has adopted a conflict and dispute resolution process;
WHEREAS, the purpose of the dispute resolution process is to reconcile differences on planning and
growth management issues between local governments, regional agencies, and private interests;
WHEREAS, the parties hereto have determined that the voluntary dispute resolution process is useful in
the process of resolving conflicts and disputes arising in the transtxanation planning process;
WHEREAS, pursuant to 23 CFR Section 450.310(b) and Section 339.175(9)(a)3., Florida Statutes, the
MPO must execute and maintain an agreement with the operators of public transportation systems, including transit
systems, commuter rail systems, airports, and seaports, describing the means by which activities will be
coordinated and specifying how public transit, commuter rail, aviation, and seaport planning (including corridor
and subarea studies pursuant to 23 CFR Sections 450.316 and 450.318) and programming will be part of the
comprehensively planned development of the Metropolitan Area;
WHEREAS, it is in the public interest that the MPO, operators of public transportation systems, including
transit systems, commuter rail systems, port and aviation authorities, jointly pledge their intention to cooperatively
participate in the planning and programming of transportation improvements within this Metropolitan Area;
WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and
is consistent with 23 CFR Section 450.306 and Section 339.175(9)(a), Florida Statutes; and
WHEREAS, the parties to this JPA desire to participate cooperatively in the Performance, bna 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.
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. ~. Each and all of the foregoing recitals be and the same hereby incorporated
herein and acknowledged to be tree and correct. Failure of any of the foregoing recitals to be true and correct
shall not operate to invalidate this Agreement.
Section 1.02. ~. 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 instrnment, as mended from time to time.
"Corridor or Subarea Study" shall mean and refer to studies involving major investment decisions or as
other identified in 23 CFR Sections 450.318 and 450.318.
'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.
"Long-Range Transportation Plan" is at a minimum a 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 transI~ortation 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 S¢etion 450.322, Section 339.;175(6), Florida Siatuies.
"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(i0)(1) and Section 339.175,
Florida Statutes, which shall be subject to the MPO.
"iMPO" means and refers to the metropolitan planning organization formed pursuant to Interlocal
Agreemem dated April 12, 1993, as amended or superseded from time to time.
'Regional Planning Council" means and refers to the Treasure Coast Regional Planning Council created
pursuant to Section 186.504, Florida Statutes, and identified Rule 27E-1.002, Hodda Administrative Code.
UTransportafion Improvemem 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 TII' 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 ~q., Florida Statutes; and an indication of how improvements are consistent, to the maximum
extent feasible, with affected seaport and airport master plans and with public transit development plans of the uuils
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.
uUnified 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, Section 339.175(8), Florida Statutes.
ARTICLE 2
Section 2.01. Coordihafion with public transit operators. As set forth in Article 3 of this Agreement,
the purpose of this Agreement is to provide for cooperation with the Department, Indian River County, the City of
Veto Beach, and the City of Sebastian in the development and preparation of the UPWP, the TIP, the Long-Range
Transportation Plan, and Corridor or Subarea Studies.
Section 2.02. Intergovernmental coordination: Regional Planning Council. As set forth in Article 4 of
this Agreement, the purpose of this Agreement is to provide a process through the Regional Planning Council for
intergovernmental coordination and review and identification of inconsistencies between proposed MPO
transportation plans and local government comprehensive plans adopted pursuant to Section 163.3161 et sea_.,
Florida Statutes, and approved by the Florida Department of Community Affairs.
Section 2.03. ~. As set forth in Article 5 of this Agreement, the purpose of this
Agreement is to provide a process for coMliet and dispute resolution through the Regional Planning Council.
ARTICLE 3
COOPERATIVE PROCEDURES FOR PLANNING AND PROGRAMMING
WITH OPERATORS OF PUBLIC TRANSPORTATION SYSTEMS
Section 3.01. Cooperation with o_rmratnr~ nf public trarc _m~ortafion systems: Coordination with local
government approved comprehensive plans.
(a) The lVIPO shall cooperate with the Indian River County, the City of Veto Beach, and the City of
Sebastian to optimize the planning and programming of an integrated and balanced intermndal transportation
system for the Metropolitan Area.
Co) The MPO shall implement a continuing, cooperative, and comprehensive transportation planning
process that is consistent, to the maximumextent faasibie, yam port and awaUon masK, pans, and pui;,lic transit
development plans of the units of local governments whose boundaries are within the Metropolitan Area.
(c) As a means towards achievement of the goals in paragraphs (a) and Co) and in an effort to
coordinate intermndal transportation planning and programming, the MPO shall include as part of its membership
officials of agencies that administer or operate major modes or systems of transportation, including but not limited
to transit operators, sponsors of major local airports, maritime ports, and rail operators. The representative of the
major modes or systems of transportation may be accorded voting or non-voting advisor status. In .this
Metropolitan Area if authorities or agencies have been or may be created by law to perform transportation
functions and that are not under the jurisdiction of a general purpose local government represented on the MPO,
the MPO shall request the Governor to designate said authority or agencies as a voting member of the MPO. If the
new member would alter local government representation in the MPO, the MPO shall purpose a revised
apportionment plan to the Governor to ensure voting membership on the MPO to an elected official representing
public transit authorities which have been, or may be, created by law.
(d) The MPO shall ensure that representatives of ports, transit authorities, and airports within the
Metropolitan Area are provided membership on the MPO's Technical Advisory Committee.
SeCtion 3.02. Preparation of trart_?ortafion related plans.
(a) .~dthoug~ the ~,al decision in adopting th? UPWP~ the TIP, Long-Range.Traosportafion Plaa~ or a
Corridor or Subarea Study is in the discretion of the MPO, development of said plan or study shall be viewed as a
cooperative effort involving the Department, Indian River County, the City of Vero Beach, and the City of
Sebastian. In developing the UPWP, the TIP, Long-Range Transportation Plan, or a Corridor or Subarea Study,
the comments and recommendations for.preparation and revisions to proposed documents shall be solicited by the
IMPO from the Department, the Indian River County, the City of Veto Beach, and the City of Sebastian.
CO) At the commencement of the process of preparing the UPWP, the TIP, Long-Range
Transportation Plan, or a Corridor or Subarea Studies, or preparing other than a minor amendment thereto (as
determined by the MPO), the MPO shall extend notice to the Department, Indian River County, the City of Veto
Beach, and the City of Sebastian advising said agencies of the scope of the work to be undertaken and inviting
eonunent and participation in the development process. The MPO shall ensure that the chief operating officials of
the Department, Indian River County, the City of Veto Beach, and the City of Sebastian shall receive approximate
fifteen (15) days written formal notice of all public workshops and hearings relating to the development of the
UPWP, the TIP, Long-Range Transportation Plan, or a Corridor or Subarea Studies. However, it is agreed that
the failure to properly extend written or other notice shall not invalidate, or lodged as a claim to invalidate, the
adoption o,f the UPWP, the TIP, Long-Range Transportation Plan, or a Corridor or Subarea Studies.
(c) LoCal government comprehensive plans.
(1) In developing the TIP, Long-Range Transportation Plan, or a Corridor or Subarea
Studies, or preparing other than a minor amendment thereto (as determined by the MPO), the MPO, Indian River
County, the City of Vero Beach, and the City of Sebastian shall analyze: (I) the comprehensive plan future land
use elements; (ii) the goals, objectives, and policies of the comprehensive plans; and (iii) the zoning, of each loCal
governments in the Metropolitan Area. Based upon the foregoing review and a consideration of other growth
management factors, the MPO, Indian River County, the City of Veto Beach, and the City of Sebastian, as
appropriate, shall provide vn'itten recommendations to local govtrnments in the Metropolitan Area in the
development, amendment, and implementation of their comprehensive plans. A copy of the recommendations shall
be sent to the Regional Planning Council.
(2) The MPO agrees that to the maximum extent feasible the Long-Range Transportation Plan
and the project and project phases within the TIP shall be consistent with the future land use dement and goals,
objectives, and policies of the comprehensive plans of local government in the Metropolitan Area. If the MPO's
TIP is inconsistent with a' local government comprebensiv~ plan, the MPu snail so indicate, and me MPO mali
present, as part of the TIP, justification for including the project in the TIP.
(d) Multi-modal transportation agency plans.
(1) In developing the TIP, Long-Range Transportation Plan, or a Corridor or Subarea
Studies, or preparing other than a minor amendment thereto (as determined by the MPO), the MPO shall analyze
the affected: (I) airport master plan; (ii) public transit development plans, of Indian River County, the City of Veto
Beach, and the City of Sebastian. Based upon the foregoing review and a consideration of other transportation-
related factors, the MPO, shall from time to time and as appropriate, provide recommendations to Indian River
County, the City of Veto Beach, and the City of Sebastian, as well as local governments within the Metropolitan
Area, for the development, amendment, and implementation of their master, development, or comprehensive
plans.
(2) In developing or revising their respective seaport master plan; airport master plan; or
public transit development plans, Indian River County, the City of Veto Beach, and the City of Sebastian shall
analyze the draft or approved UPWP, TIP, Long-Range Transportation Plan, or Corridor and Subarea Studies, or
amendments thereto. Based upon the foregoing review and a consideration of other transportation-related factors,
Indian River County, the City of Veto Beach, and the City of Sebastian shall from time to time and as appropriate,
provide written recommendations to the MPO with regard to development amendment, and implementation of the
L~WP, TIP, Lo~:g~P.z~.-ge Tr.~asportafion ~e'~, er Corridor and Se.~area Stodie~. :
(3) The MPO agrees that to the maximum extent feasible the TIP shall be consistent with the
affected seaport and airport master plans and with public transit development plans of Indian River County, the
City of Veto Beach, and the City of Sebastian.
(e) By letter agreement to be executed by the MPO and Indian River County, the City of Veto Beach,
and the City of Sebastian, the MPO and the affected agencies or authority shall mutually develop a process for
planning coordination, forwarding recommendations, and project programming consistency. The parties hereto
agree that under the letter agreement, the MPO and Indian River County', the City of Vero Beach, and the City of
Sebastian need only include in the MPO's TIP those state funded airport and seaport projects that directly relate to
surface transportation activities: The process agreed to in the letter agreement shall provide flexible deadlines for
inter-agency comment on affected plans referenced in this section. Upon approval of the letter agreement, the
letter agreement shall be appended to this Agreement and shall be an exhibit hereto. The signatories to the letter
agreement may revise or terminate same from .time to time without approval of other parties hereto.
ARTICLE 4
INTERGOVERNMENTAL COORDINATION AND REVIEW
Section 4.01. Coordinaton with Re~onal Planning Council. The Regional Planning Council shall
perform the following tasks:
(a) Within thirty (30) days of receipt, review the draft of the proposed TIP, Long-Range
Transportation Plan, Corridor and Subarea Studies, or amendments thereto, as requested by the MPO, to identify
inconsistencies between the foregoing plans and: (1) applicable local government comprehensive plans adopted
pursuant to Section 163.3161 et seq., Florida Statutes, for counties and cities within the Metropolitan Area; and (2)
the adopted Strategic Regional Policy Plan.
(1) The parties hereto recognize that pursuant tO Florida law, the MPO's Long-Range
Transportation Plan must be considered by cities and counties within the Metropolitan Area in the preparation,
amendment, and update/revision of their comprehensive plans. Further, the Long-Range Transportation Plan and
the projects and project phases within the TIP are to be consistem w~th the future land use element and goals,
objectives, and policies of the comprehensive plans of iocal governments in the Metropolitan Area to the maximum
extent feasible. Therefore, promptly upon completion of its review of the draft proposal, the Regional Planning
Council shall advise the MPO and each affected county or city of its findings;
(2) If after completing its review of the draft proposal, the Regional Planning Council deems
that the MPO plans and programs submitted are not acceptable, the Regional Planning Council shall promptly
advise the MPO in writing of its euncerns and identify those portions of the submittals which need to be reevaluated
and potentially modified; and
(3) Upon final adoption of the proposed TIP, Long-Range Transportation Plan, Corridor and
Subarea Studies, or amendments thereto, the MPO may request that the Regional Planning Council consider
adoption of regional transportation goals, objectives, and policies in the Strategic Regional Policy Plan
implementing the adopted TIP, Long-Range Transportation Plan, Corridor and Subarea Studies, or amendments
thereto. If the proposed TIP, Long-P4nge Transportation Plan, Corridor and Subarea Studies, or amendments
thereto was the subject of previous adverse comment by the Regional Planning Council, the MPO will identify the
change in the final adopted plan intended to resolve the adverse comment, or alternatively, the MPO shall identify
the reason for not altering the plan as suggested by the Regional Planning Council.
(b) Provide the availability of the conflict and dispute resolution process as set forth in Article 5
below. -
ARTICLE 5
CONFLICT AND DISPUTE RESOLUTION PROCESS
Section 5.01. Disputes and conflictq under this A~eement. This process shall apply to conflicts and
disputes relating to matters subject to this Agreement, or conflicts arising from the performance of fi'ds Agreement.
Except as otherwise provided in this Article 5, only representatives of the agencies with conflicts or disputes shall
engage in conflict resolution.
Section 5.02. ~. The affected parties to this Agreement shaH, at a minimum, ensure the
atl~mpted early resolution of conflicts relating to such matters. Early resolution shall be handled by dire. et
discussion between the following officials: for the Depata.ent by the District Director for Planning and Programs;
for the MPO - the Staff Director; for the Regional Planning Council - the Planning Director; for Indian River
County - Community Development Director; the City of Veto Beach - the Airport Director; and the City of
Sebastian - the Airport Director.
Section 5.03. Resolution bv senior agency official. If the conflict remains unresolved, the conflict shall
be resolved by the following offieial~: for the Department- by the District Secretary; for the MPO - the Chairman
of the MPO; for the Regional Planning Council - the Executive Director; for Indian River County - Chairman of
the Board of County Commissioners; for the City of Veto Beach - the Mayor; and for the City of Sebastian - the
Mayor.
Seefiun 5.04. Alternative Re~onal Planning Council dLqpute resolution. If a resolution is not possible,
the parties may undertake dispute resolution pursuant to the Regional Planning Council procedure set forth in Rule
29K-4, Florida Administrative Code. All parties to the dispute must agree to undertake this procedure before it
may be invoked.
Seodon 5.05. lt:esolufion by the Office of the Governor. If the conflict is not resolved through conflict
resolution pursuant to Sections 5.02, 5.03, and 5.04, the parties shall petition the Executive Office of the Governor
for resolution of the conflict pursuant to its procedures. Resolution of the conflict by the Executive Office of the
Governor shall be binding on all parties..
ARTICLE 6
MISCF. LLANEOUS PROVIsiON
Sex:tion 6.01. C0nsfimfional or statutory duties and re~_mot~qibilities of parties. This Agreement shall not
be constmod 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 6.02. p, me~adment 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.
Section 6.03. Duration: withdrawal procedure.
(a) D~afion. This Agreement shall have a term of five (5) years and shall automatically renew at
the end of said five (5) years for another five (5) term and every five (5) years thereafter. At the end of the five
(5) year term and at least every five (5) years thereafter, the parties hereto shall examine the terms hereof and
agree to amend the prox)isions or reaffirm the same. However, the failure to amend or to reaffirm the terms of this
Agreement shall not invalidate or otherwise terminate this Agreement,
~) ~~~ Any pard' ma), Mt.hdraw &om ~J-: Agr. eemem aft-er pre.~e'~Sng in
written form a notice of intent to withdrawal to the other parties to this Agreement and the MPO, at least ninety
(90) days prior to the intended date of withdrawal; provided, that financial commitments made prior to withdrawal
am effective and binding for their full term and amount regardless of withdrawal.
Section 6.04. 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 noted follows:
Indian River County MPO City of Vero Beach Treasure Coast Regional Planning Council
1840 25th Street 1053 20th Place 301 East Ocean Boulevard, Suite 300
Vero Beach, Florida 32960 Veto Beach, Florida 32960 Stuart, Florida 34994
Indian River County
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Florida Department of Transportation
3400 West Commercial Boulevard
Fort Lauderdale, Florida 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.
Section6.05. Ilttalllre, lafi~.
(a) ~. All parties hereto were each represented by, or afforded the
opportunity for representation by legal counsel, and participated in the drafting of this Agreement and in the choice
of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of
this Agreement.
Co) Severabili .ry. 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 no 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.
(e) ~dll~mr~lall:li~. 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 ~shaH" is mandatory, and Umay" is permissive.
Section 6.06. Enforcement by parties hereto, In the evefit of any judicial or administrative action to
enforce or mterpret this Agreement by any party hereto, each party shall bear its own attorney s fees in conneCtlO
with such proceeding.
Section 6.07. p.?eement execution: Use of eountemart sitmature oaees. 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 6.08. ~ This Agreement shall become effective upon its execution by all parties
he,to.
Section 6.09. Ptlrmlani' to Federal. State and Local Law. In the event that any election, referendum,
approval, permit, notice, or other proceeding or authorization is required under applicable law to enable the parties
to enter into this Agreement or to undertake the provisions set forth hereunder, or to observe, assume or carry out
any of the provisions of the Agreement, said parties will initiate and consummate, as provided by law, all actions
necessary with respect to any such matters for required.
Section 6.10. partes Not Obligated to Third Parties. No party hereto shall be obligated or liable
hereunder to any party not a signatory to this Agreement. There are no express or intended third party
beneficiaries to this Agreement.
Section 6.11. When Rights and Remedies Not Waived. In no event shall the making by the Department
of any payment to the MPO constitute or be conslxuefl as a waiver by the Department of any breach of covenant or
any default which may then exist on the part of the MPO, and the making of any such payment by the Department
while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the
Department in respect of such breach or default.
FORM 525-010-03
POLICY PLANNING
OGC - 05/96
Page9 of 9
1N WITNESS WHEREOF, the undersigned parties have executed this Joint Participation Agreement on
behalf of the referenced legal entities.
Signed, Sealed and Delivered in the presence of:
INDIAN RIVER COUNTY INDIAN RIVER COUNTY
METROPOLITAN PLANNING ORGANIZATION BOARD OF COUNTY COMMISSIONERS
~ha~rp~ers°~n- 50~" Iq W. TIPI~/IbI
ATTE~ x:AL
erk
CITY OF VERO BEACH
Mayor
City Clerk ~
TREASURE COAST
REGIONAL PLANNING COUNCIL
~ t ~- Ex~cuti~ctor
ATTEST: ~,c~ea.~ t~.K.~ SEAL
Clerk
CITY OF SEBASTIAN
City Cl~k : ~: ~ : : ? :_
T~S~ORTATIO~
~ck Chesser, P.E.
Dis~ct Fo~ Secret~
A~EST:
Executive Secreta~