Loading...
R97-178RESOLUTION NO. Rg7-/2"Z~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE EXPANSION OF MEMBERSHIP OF THE METROPOLITAN PLANNING ORGANIZATION TO INCLUDE AN ADDITIONAL VOTING REPRESENTATIVE FOR PALM BEACH COUNTY; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT CREATING THE METROPOLITAN PLANNING ORGANIZATION AND IDENTIFYING THE MEMBERSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Intermodel Surface Transportation Efficiency Act of 1991 (ISTEA) and Section 339.175, Florida Statutes, call for metropolitan planning organizations to perform transportation planning in urban areas; and WHEREAS, Section 339.175, Florida Statutes, sets forth the requirements for creation of the Metropolitan Planning Organization (MPO) through an Interlocal Agreement and identifies the membership and designation process by the Governor's Office; and WHEREAS, the Metropolitan Planning Organization of Palm Beach county proposes to expand its membership to provide an additional voting representative for Palm Beach county from a statutorily authorized planning board; and WHEREAS, the Governor of the State of Florida has approved the addition of another voting member for Palm Beach County; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to accept expansion of the membership of the MPO and to execute an interlocal agreement creating the MPO and identifying the membership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby accepts expansion of the membership of the Metropolitan Planning Organization (MPO) to include an additional voting representative from Palm Beach County. Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal Agreement creating the MPO and identifying the membership, said Agreement being attached hereto as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~/ day of October, 1997. ATTEST: Cit~'Clerk Org CITY OF BOYNTON BEAC__~H FLORIDA V~ayor . C~mmis~ionerY' ~ ._2 METRO 160 Australia Septe] The Honorable Gerald Taylor City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: MPO Interlocal Agreement Dear Mayor Taylor: The Metropolitan Planning Organization ¢ Interlocal Agreement between the mem! Transportation. This Agreement sets forth th the MPO Board. At the request of the Board of County voting member representing the County. Commission from a statutorily authorized additional MPO member for Palm Beach Cc Enclosed is the standard agreement prep membership for the Palm Beach MPO is re resolution authorizing execution of the Interlc copies of the authorizing resolution, the staff agreement. After execution by all parties, a If you have any questions, please contact me Sincerely, Director cc: Matthew Bradley, Commissioner, Ci RO. Box 21229. West POLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY ~venue. Suite 201. West Palm Beach Florida 33406 Tel. (561,684-4170 ~ber 17, 1997 [PO) is created under Chapter 339.175, F.S., by an Jer organizations and the Florida .Department of MPO planning requirements and the membership of fissioners, the MPO submitted a plan to add another This member would be appointed by the County planning board. The Governor has approved the unty. red by the State for formation of an MPO. The flected in the agreement. Also enclosed is a sample . cal Agreement. Following transmittal of two executed will schedule the signing of the thirteen copies of the :opy with original signatures will be sent to you. of Boynton Beach aim Beach. Florida 33416-1229 FORM 525 -010 -01 i STATE PE FLORIDA DEPARTMENT OF TRANSPORTATION , POLICY PLANNING INTERLOCAL AGREEMENT FOR CREATION OF THE OGC - 05196 �] 7 1, PALM BEACH METRO�Q,)<,�T�1�,ANNING ORGANIZATION �( // ,( ��fLJ!(( gc 1of10 R97 2097D (APR 1 7 2000) p11.6 Zooms THIS INTERLOCAL AGREEMENT is made and entered into this day of 199`, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY(IES) OF Palm Beach: the MUNICIPALITIES OF Belle Glade. Boca Raton, Boynton Beach, Delray Beach, Jupiter, Lake Worth, Palm Beach Gardens. Riviera Beach, West Pahn Beach: and the Port of Pahn Beach. 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 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 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 (a) and (b), as amended by the Intermodal Surface Transportation Efficiency 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, pursuant to 23 USC Section 134(b), 49 USC app. Section 1607(b), 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. John F. Koons. Chairman dated December 27. 1996, the Governor has agreed to the apportionment plan of the members of the proposed MPO as set forth in this Agreement; WHEREAS, ursuant to 23 CFR Section 450.306 d l p (�e'), as implemented by Section 339.175(1)(b), Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; WHEREAS, the interlocal agreement is required to create the metropolitan planning organization and delineate the provisions for operation of the MPO; WHEREAS, the undersigned parties have determined that this Agreement satisfies the requirements of and is consistent with Section 339.175(1)(b), Florida Statutes, WHEREAS, pursuant to Section 339.175(1)(b), Florida Statutes, the interlocal agreement must be consistent with statutory requirements set forth in Section 163 01, Florida Statutes, relating to interlocal agreements, and WHEREAS, the undersigned parties have determined that this Agreement is consistent with the requirements of Section 163.01, Florida Statutes NOW, THEREFORE, in consideration of the mutual covenants, promises, and rtiok§,epANErphe parties desiring to be legally bound, do agree as follows .IAN 31 2012 iT�l + '1pri< c Office FORM 525- 010 -01 POLICY PLANNING OGC - 05/96 Page 2 of 10 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. 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. "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 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) and Section 339.175, Florida Statutes, which shall be subject to the MPO. "MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement. "Transportation Improvement Program (TIP)" is the transportation document which includes the following components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and project phases are consistent with applicable local government comprehensive plans adopted pursuant to Section 163.3161 et 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, Section 339 175(8), Florida Statutes 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; FORM 525- 010 -01 POLICY PLANNING OGC - 05/96 Page 3 of 10 (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 USC Section 134 and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC app. Subsection 1603(a), 1604(g)(1), and 1607]; 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 app. Subsection 1603(a), 1604(g)(1), and 1607]; 23 CFR, Parts 420 and 45D and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws Section 2.02 Major MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation- related plans and programs, including but not limited to: (a) The long range transportation plan, (b) The Transportation Improvement Program; (c) The Unified Planning Work Program; (d) A congestion management system for the metropolitan area as required by state or federal law, (e) Assisting the Department in mapping transportation planning boundaries required by state or federal law, (f) Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (g) Performing such other tasks presently or hereafter required by state or federal law Section 2.03 MPO decisions coordinated with FDOT and consistent with comprehensive plans. Chapter 334, Florida Statutes, grants the broad authority for the Department's role in transportation. Section 334.044, Florida Statutes, shows the legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State Section 339.155, Florida Statutes, requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans Section 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 Palm Beach Metropolitan Planning Organization. FORM 525 - 010 -01 POLICY PLANNING OGC - 05/96 Page 4 of 10 Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, other proceeding or authorization is required under applicable law to undertake any power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements. Section 3.03. Governing board to act as 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 requirements of confidentiality of public records under Florida law and the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the MPO shall submit to the Department such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as the Department may require. The MPO shall have a right to charge responsible charges for reproduction of public records as permitted by Chapter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i.e., FHWA, FEDERAL TRANSIT ACT, and FAA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION, MEMBERSHIP: TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the MPO shall consist of eighteen (18) voting representatives and one (1) non- voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Jurisdiction Members Palm Beach County 6 (including a member of a statutorily authorized planning board) Belle Glade 1 Boca Raton 2 Boynton Beach 1 Delray Beach 1 Jupiter 1 Lake Worth 1 Palm Beach Gardens 1 Riviera Beach 1 West Palm Beach 2 Port of Pahn Beach 1 Florida Department of Transportation 1 (non- voting) (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 FORM 525 -010 -01 POLICY PLANNING OGC - 05/96 Page 5 of 10 (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 (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. Section 5.02 Specific authority and powers. The MPO shall have the following powers and authority: ouz (a) As provided in Section 339.175(5)(/), 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 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] (f) The MPO shall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as my otherwise be provided by federal or state law. Section 5 03 Duties and responsibilities The MPO shall have the following duties and responsibilities e (a) As provided in Section 339 175(5)($), Florida Statutes, the MPO shall create and appoint a technical advisory committee; �uw (b) As provided in Section 339 175(5)0, 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 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; FORM 525 - 010 -01 POLICY PLANNING OGC - 05/96 Page 6 of 10 (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; (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, (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. 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 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. 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. FORM 525- 010 -01 POLICY PLANNING OGC - 05/96 Page 7 of 10 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 June 30, 2002 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(2), 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 Pahn Beach County and the United States Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting 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. 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 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 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. Palm Beach County City of Belle Glade Post Office Box 1898 110 Southwest Avenue "E" West Palm Beach, FL 33402 -1989 Belle Glade, FL 33430 City of Boca Raton City of Boynton Beach 201 West Palmetto Park Road 100 East Boynton Beach Boulevard Boca Raton, FL 33432 Boynton Beach, FL 33435 City of Delray Beach Town of Jupiter 100 Northwest First Avenue 210 Military Trail Delray Beach, FL 33444 Jupiter, FL 33458 City of Lake Worth City of Palm Beach Gardens 7 North Dixie Highway 10500 North Military Trail Lake Worth, FL 33460 Palm Beach Gardens, FL 33410 FORM 525 - 010 -01 POLICY PLANNING OGC - 05/96 Page 8 of 10 City of Riviera Beach City of West Palm Beach 600 West Blue Heron Boulevard Post Office Box 3366 Riviera Beach, FL 33404 West Palm Beach, FL 33402 -3366 Port of Palm Beach Florida Department of Transportation - Dist. IV Post Office Box 9935 3400 West Commercial Boulevard Riviera Beach, FL 33419 -9935 Fort 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 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 Florida Department of Transportation 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 FORM 525- 010 -01 POLICY PLANNING OGC - 05/96 Page 9 of 10 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. Signed, Sealed and Delivered in the presence of R97 2097D % 762It,7 BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER 0 OF PALM BEAC OUNTY, FLORIDA ���VC: BY. `4411 _ -`' NT Y Oil, BY: ` wr k - - - m CHAIR N _-V!..-. .. '•• ,�'n MA • ' 6 . s. v , ATTEST. Q BE �c ti ' � / ,, 'TEST: �I Ll it. `�f:;b -:.. _ DEPUTY CLERK F OUNTY 10' �� LE' 12,2 OR p: ' � 7 MCORfO R A1ER ,� O DOROTHY H. WILKEN, CLERK %, LORIOA i _ _ �,. Board of County CommisgiOnnrq ', 2,........ p . _ •5 � + �, CITY OF BELLE GLADE n ``_ CITY OF LAKE WORTH ""' "' """ BY % 1 .-4-4- 4 - -- BY. `■ `, ,-/MAYOR MAYOR - ATTEST _ j ATTEST CLERK /��� MAYOR CLERK + CITY OF BOCA RATON CITY OF PAL E,: CH A,RD S .__ ----- ,,,, / , / BY: - - . /� / /L /�, BY: MAYOR / ,..- MAYOR / ATT .1/ _A_ dr ATT .T: 6`v4 e. CLERK CLK CITY OF BOYNTON BEACH CITY OF RIVIERA BEACH tt i / BY BY: _ '�� , MAYOR A\ R 4,/ ATTEST. \ a.--x--A- Vic_._ _ ATTEST 6 t. 7 ' CLERK CLERK CITY OF DELRAY BEACH CITY OF WEST PALM BEACH BY. w �1�J � � � .� _�`F BY V MAYOR f AYOR 1 -) ATTEST M / / � � /� ATTEST I E C'" "` � ' �/ MI - - Y ATTORN..tY S k.,. , iwc j - , CLERK CLERK Approved as to form ufficiency By: - �ri. Date: - F //' FORM 525- 010 -01 POLICY PLANNING OGC - 05/96 Page 10 of 10 PORT OF PALM BEAC • / BY: AIR ATTEST ", // r AP `� CU V IREC P STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION � FCp.. BY: , 4!1 _ 11111S, _ DISTRICT SECRETAR ' o ATTEST: -- ;".■ — EXECUTIVE .. RETA 4* 4q. of TPP� Approved as to Form: • Florida Department of Transportation BY: ATTORNEY • AND LE..t A ;"")JV ;- "CY ° 0 TORNEY WPI NO.: FUND: SAMAS APPROP.: FUNCTION: SAMAS OBJ: JOB NO.: FEDERAL NO.: ORG. CODE: CONTRACT NO.: VENDOR NO.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANNING JOINT PARTICIPATION AGREEMENT STANDARD INTERLOCAL AGREEMENT ` This INTERLOCAL AGREEMENT is made and entered into this 7z;,4" day of ;27(' i/4'/4, 19,, by and between PALM BEACH COUNTY, CITY OF BELLE GLADE, CITY OF BOCA RATON, CITY OF BOYNTON BEACH, CITY OF DELRAY BEACH, TOWN OF JUPITER, CITY OF LAKE WORTH, CITY OF PALM BEACH GARDENS, CITY OF RIVIERA BEACH, CITY OF WEST PALM BEACH, the PORT OF PALM BEACH, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and creates and establishes, a METROPOLITAN PLANNING ORGANIZATION for the West Palm Beach Urban Study Area, hereinafter called the MPO; WITNESSETH 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; and WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section 3(a) (2), 4(a), 5(g)(1), and 5(h)(1) of the Federal Transit Act [(49 U.S.C. 1602(a)(2), 1603(a) and 1604(g)(1) and (h)(1)], requires that each urbanized 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 urbanized area, and stipulates that the State and the MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; and WHEREAS, Regulations of the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), 23 CFR 450 (hereinafter called the Rules), provide for the designation of MPOs by the Governor; and WHEREAS, Section 339.175 of the Florida Statutes provides for the creation, designation and apportionment of the MPOs consistent with the federal laws and rules identified above. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein the parties agree as follows: 1.00 PURPOSE The purpose of this Interlocal Agreement is to assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(h)(1) of the Federal Transit Act [(49 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (h)(1)], and 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 the affected urbanized area in cooperation with the Department. Chapter 334, Florida Statutes (F.S.), grants the broad authority for the Department's role in transportation. Section 334.044, F.S., evidences the legislative intent that the Department be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, in conjunction with local governmental entities including, but not limited to, regional planning agencies for all Metropolitan Statistical Areas. Section 339.175, F.S., 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 urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, F.S., the Department and all parties to this Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, F.S., the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, are applicable to this Agreement and those parties shall take particular care that the planning processes and planning integrity of local governments as set forth in that Act as evidenced by the legislative intent expressed in Chapter 334 and 339, F.S., shall not be infringed upon. 2.00 THE PROJECT . 01 Established MPO - The "Project" is defined as the continuing, cooperative and comprehensive transportation planning process for the West Palm Beach Urban Study Area. . 02 Pursuant to Federal, State and Local law - In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to undertake any Project hereunder, or to observe, assume, or carry out any of the provisions of the Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements and work toward the accomplishment and fulfillment of its objectives. .03 Submission of proceedings; contracts, and other documents - The MPO shall submit to the Department such data, reports, records, Page 2 of 9 contracts, and other documents relating to the Project as the Department may require. .04 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. 3.00 COORDINATION AND AGREEMENT The designated MPO shall carry out transportation planning and programming activities as identified in the Agreement between the Department and the MPO. Urbanized areas, declared by the 1990 Census and designated by the Governor, may carry out those activities contained in this Agreement to meet Federal funding eligibility requirements for Federal planning purposes. Section 112 of 23 CFR 450, planning funds will be made available by agreement upon MPO Designation by the Governor. 4.00 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE .01 The voting membership of the MPO shall consist of seventeen (17) apportioned members. The Governor shall apportion total membership on the MPO from among Palm Beach County and the Cities of Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Lake Worth, Palm Beach Gardens, Riviera Beach, West Palm Beach and the Town of Jupiter on an equitable geographic population ratio. The voting membership shall also include the Port of Palm Beach. All voting members of the MPO shall be elected officials of Palm Beach County, the Cities and Towns and the Port of Palm Beach stated above with the number of representatives from each of these general purpose local governments to be determined by the geographical population ratio employed by the Governor in appointing the MPO. .02 The county commission members shall compose not less than one -third of the MPO membership, except for an MPO with more than 15 members located in a county with a five - member county commission or an MPO with 19 members located in a county with more than a six - member county commission, in which case county commission members may compose less than one -third of the MPO membership but all county commissioners must be members of the MPO. All voting members shall be elected officials of general purpose governments, except that the MPO may include, as part of its apportioned voting members, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. .03 In metropolitan areas in which authorities or other agencies have been or may be created by law to perform transportation functions that are not under the jurisdiction of a general - purpose local government represented on the MPO, those authorities or agencies shall be provided voting membership on the MPO. The county commission shall compose not less than 20 percent of the MPO Page 3 of 9 membership if an official of an agency that operates or administers a major mode of transportation has been appointed to an MPO. .04 The governmental entity designated shall appoint the appropriate number of members to the MPO from eligible officials. Representatives of the Department shall serve as non - voting members of the MPO. Non - voting advisers may be appointed by the MPO as deemed necessary. The Palm Beach County School Board shall provide a non - voting adviser to the MPO. .05 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 his leaving his elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of a county or city governing entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be reappointed for one or more additional 4- year terms. 5.00 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary to manage a continuing, cooperative, and comprehensive transportation planning process as specified in Section 339.175(4) and (5), F.S., and other sections or as incorporated in an interlocal agreement authorized under Section 163.01, F.S., and made a part hereof, including but not limited to, the following: .01 The MPO may employ personnel and /or may enter into contracts with local or state agencies to utilize the staff resources of local and /or state agencies (s. 339.175(5)(g), F.S.). .02 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 comprehensive planned development of the area (ss. 339.175(9)(a), F.S.). .03 The MPO may enter into contracts (s. 163.01(14), F.S.). .04 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property (s. 163.01(5), F.S.). .05 The MPO may accept funds, grants, assistance, gifts or bequests from Local, State, and Federal resources (s. 163.01(5), F.S.). .06 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis as required by the Unified Planning Work Program (UPWP). Page 4 of 9 .07 The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein - provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations (s. 163.01(5) and (a), F.S.). The MPO, in promulgating rules, policies, bylaws and procedures, shall coordinate with the Department to obtain its concurrence prior to MPO approval and implementation of such rules, policies, bylaws and procedures. .08 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S., and other applicable state and local laws. .09 Plans and programs developed by the MPO carrying out the urban transportation planning process shall be in compliance with Department procedures, Federal regulations and State laws. .10 The MPO shall appoint a technical advisory committee (s. 339.175(5)(d), F.S.) .11 The MPO shall appoint a citizens' advisory committee (s. 339.175(5)(e), F.S.) 6.00 CONTRACTS OF THE MPO All contractual agreements must be approved by the affected federal funding agency and the Department. Except as otherwise authorized in writing by the Department, and the affected Federal funding agency where State or Federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, FTA, or FAA, as appropriate. Subletting of consultant(s) contracts involving funds administered by FHWA shall be in accordance with the requirements of 23 CFR and all other applicable Federal Regulations which by reference hereto are made part of this Agreement. 7.00 INVENTORY REPORT .01 The MPO agrees to inventory, to maintain records of and to insure the 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 and all other applicable Federal Regulations. The MPO shall make all records and necessary information readily available to the Department in order for the Department to conduct a review of and determine the accuracy of the MPO inventories, property control information, and its compliance with the requirements of 23 CFR and all other applicable Federal Regulations. Page 5 of 9 .02 The Department will maintain all records in accordance with the Federal -Aid Policy Guide, 23 CFR 17, "Record Keeping and Retention Requirements for Federal -Aid Highway, Records of State Highway Agencies ". 8.00 MISCELLANEOUS PROVISION .01 How Contract Affected by Provisions Being Held Invalid - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. .02 State or Territorial Law - Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the MPO will at once notify the Department in order that appropriate changes and modifications may be made by the Department and MPO to the end that the MPO may proceed as soon as possible with the Project. 9.00 EXECUTION OF AGREEMENT This Interlocal Agreement 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. 10.00 CONSTITUTIONAL OR STATUTORY DUTIES AND RESPONSIBILITIES OF THE PARTIES TO THE AGREEMENT 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 the performance may be offered in satisfaction of the obligation or responsibility. 11.00 DURATION OF AGREEMENT AND WITHDRAWAL PROCEDURE This Agreement shall remain in effect until terminated by the parties to the Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least 30 days prior to the intended date of withdrawal. Page 6 of 9 12.00 AMENDMENT OF AGREEMENT Amendments to or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement and shall not be effective until it is filed with the Clerk of Circuit Court of each county where a party hereto is located pursuant to Section 163.01(11), F.S. 13.00 INDEMNIFICATION To the extent permitted by law, the MPO agrees that it will indemnify and hold harmless the Department from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the MPO during the performance of the contract, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except the MPO will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents, or employees. 14.00 CONFIRMATION OF AGREEMENT The Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. Review of this Agreement shall occur whenever an MPO Reapportionment Plan is developed for approval by the Governor pursuant to his /her procedure for MPO Reapportionment. 15.00 AGREEMENT FORMAT All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 16.00 EFFECTIVE DATE This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk of the Circuit Court of each county where a party to the Agreement is located. Page 7 of 9 IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly execu in their behalf a hereby establish the above designated MPO this 2 - : . 3 day of/,'/- , 19 3 . BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER OF PALM BEACH COUNTY, FLORIDA OCT 0 1993 t' BY: /"` C BY: F --4-- CH; IR MAYO` ATTEST: 4i4 4-Q-t-A - lJf /' ' - - - ,- I I ATTEST: ./L! �, DEPUTY CLERK = Q, y� �, Cl. � RV o �„ B F q � p r r a • ' Q � c "5' ` ',Vr'. CITY OF BELLE GLADE '-.c o, 0; COUNTY : � QTY OF LAKE WORTH BY ."t' .1tll �- 4r 4 ���% - � -. -t BY : i,_i1►'�'"' MAYOR �r ;��7 ► l : �, /, / ATTES .. �,/ ��1 . _..�. ATTEST : L .el /..! t� / CLERK • >ru yy CLERK CITY OF A ••TON / CITY OF PALM BEACH GARDENS / / // �J . i ! MAYOR MAYO' ATTEST: - .. L �:./ _ ATTEST. l( 1 iz ty CLERK � , CLERK CITY OF BOYNTON BEACH CITY OF RIVIERA BEACH / BY leZte0/714;lee--lee-7 B Y: j % /` , ` I 4 „� MAYOR MAYOR ATTEST: 4Qix�.vg i l ,-0.o,- ATTES 41112�� ., �.._,. - , ` CLERK CLERK CITY OF DELRAY BEACH CITY OF WEST PALM BEACH BY: �-�' �- - BY: of" OR ` / MAYOR ATTEST:./ / ATTES`1 �C 1�.t�� N � i, ,,, �� N. CLERK ‘ ), ,, Cti`I CLERK i Page 8 of 9 PORT OF PALM BEACH d fi BY: / , HAI• / ATTEST : 4.6,e,1.4/ EXECUTIVE DIRECTOR STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTEST: /i �/" , � L � EXECUTIVE SECR&TRY Approved as to Form: Florida Department of Transportation BY: ATTORNEY Page 9 of 9 METRE iLITAN PLANNING ORGANIZATION OF ALM BEACH COUNTY INTERLOCAL AGREEMENT AMENDMENT NO. 1 THIS AMENDED AGREEMENT made this ( c).4 - ay of 40-- 1983 between PALM BEACH COUNTY, CITY OF WEST PALM BEACH, CITY OF BOCA RATON, CITY OF DELRAY BEACH, CITY OF BOYNTON BEACH, CITY OF LAKE WORTH, CITY OF RIVIERA BEACH, FLORIDA DEPARTMENT OF TRANSPORTATION, TOWN OF JUPITER, and CITY OF PALM BEACH GARDENS modifies the original Interlocal Agreement, executed by the origi 2 nal parties on December 21, 1979, to include the Town of Jupiter, the City of Palm Beach Gardens and an additional member from the City of Boca Raton to the Metropolitan Planning Organization of Palm Beach County, hereinafter called the MPO; WITNESSETH: In consideration of the mutual benefits to flow herein one to the other, the parties agree as follows: 1. The original parties to the Interlocal Agreement creating and establishing the MPO, Palm Beach County, City of West Palm Beach, City of Boca Raton, City of Delray Beach, City of Boynton Beach, City of Lake Worth, City of Riviera Beach and Florida Department of Transportation will accept the Town of Jupiter and - the City of Palm Beach Gardens as parties to the Interlocal Agreement and the MPO with all the rights, duties, privileges and immunities of the existing parties. 2. The original parties to the Interlocal Agreement accept an addi- tional member to the MPO from the City of Boca Raton. 3. The Town of Jupiter and the City of Palm Beach Gardens accept all terms and conditions of the existing Interlocal Agreement, a copy of which is attached hereto and by this reference made a part hereof, and all contracts, benefits, obligations and resolutions of the contracting parties and the MPO in effect on the date of this Agreement. 4. Section 5.00, Membership, shall be modified to read as follows: 5.00 Membership .01 "The Board of County Commissioners of Palm Beach County shall' be represented by five (5) members, the Cities of West Palm Beach and Boca Raton shall be represented by two (2) members and the Cities of Delray Beach, Boynton Beach, Lake Worth, .. Riviera Beach, and Palm Beach ardens and the Town of Jupiter shall be represented by one (1) member each.. The aforemen- tioned members shall be appointed by and serve at the plea- sure of their respective government entities. In addition, there shall be two (2) non - voting members of the MPO from the Department, consisting of (1) the Director of the Division of Planning; and (2) the District 4 Engineer, both of whom shall be designated by and serve at the pleasure of the Depart- ment." IN WITNESS WHEREOF, the parties hereto affix the hands and seal of their respective authorized representative on the date and year first above written. (---- /7.-,--7 ,_, , cn Z" ' z o Pal ;'-.ch ouity toard City of fray ach , , o of County Commis • i - r i . 1 B. DUNKLE, CLFRK ,- 1 < t Heard of County Commissio rn 0 'R ..le: CHAIRMHN R�'1`�le: U a Attest: / DE U TY CLER Attest: 4,z,,...„014,_, W ,ii, _- J JI ' Date: JULY 26, 1983 Date: 7//(74./ a. ../_---- By: . � � / ' ._ � cc By: �l - - 1 ". _ ! City of Boca Raton / Cityy a 4 Lake Worth 3 , Title: /I A- > ' O / Title: J Q N : Attest: f/� `,, 62-Age,e__,2) 4 w; , Attest : i, ' �' �� (N Date: 7/ 4;// 3 Date: - 7 /t_ 3 BY: //�' BY: � � � . ' City of Boynton Beach Florida Dept. of Transportation E , Title: ItiCG V Title: f�ye�/��11n1n / i��l Attest: 4.A4 d L ✓ Attest: ti / / K Date: u /� �/��3 Date: _,, t 21 /'oj _ ' :-\ -- B ..► ........,,„„<-., � By 4 dL _if AL --.1 City of Riviera Beac ,j of Jupiter Title: IKYOR Title: , .. , . ,,,` Attest : Attest: Cc c4,_ � /41 TAN CC a ei� Date: 77/05 Date: W.,„_ /a / 13 By: Zc„. L. "Y aLG yt By: ./' id-44..... City of West Palm Beach City of Palm Beach Gardens Title: h Title:' Attest: G� -�k... e. ' , I Attest: - A dt _ Date: Y/ Date: HI �� j j 1 INTERLOCAL AGREEMENT . THIS INTERLOCAL AGREEMENT, effective on the date herein specified below, by and between the Board of County Commissioners of Palm Beach County, City of West_ Palm Beach, City of Boca Raton, City of Delray Beach, City of Boynton Beach, City _ of Lake Worth, City of Riviera Beach and the Florida Department of Transportation, creates and establishes a METROPOLITAN PLANNING ORGANIZATION (MPO) for the URBAN' STUDY AREA, OF PALM BEACH COUNTY, to be known as the METROPOLITAN PLANNING ORGANIZA- TION OF PALM BEACH COUNTY, hereinafter called the MPO; WITNESSETH: . WHEREAS, Florida Statute 334.215 requires that "there shall be a METROPOLITAN PLANNING ORGANIZATION within each urbanized area where a .planning organization is necessary to meet federal requirements for obtaining and expending federal transporta- tion funds ", and provides for the creation, designation and apportionment of Metropoli- tan planning organizations consistent with the federal laws and rules identified below; and WHEREAS, the Governor has designated the above local jurisdictions and State Departments to be the signatories to an interlocal agreement and allocated the membership for each; and WHEREAS, the parties to this Interlocal Agreement desire to participate 'cooperatively as an MPO 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 1 and developed in relation to the overall plan of development; and 1 WHEREAS, t Federal Government, under the au of 23 U.S.C. 134 and Section s 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a) and 1604(g)1 and (1)), requires that each urbanized area, as a condition to the receipt of federal capital or operating assistance: I have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the urbanized 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; and WHEREAS, Rules of the Federal Highway Administration and the Urban Mass Transportation Administration, published in Volume 40 of the Federal Register No. 181, Pages 42976 to 42984, September 17, 1975 (hereinafter called the Rules), provide for . the designation of Metropolitan Planning Organizations by the Governor. NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein the parties hereto do hereby establish a Metropolitan Planning Organization and agree as follows: 1.00 Purpose The purpose of this Interlocal Agreement is to establish a MPO, created pursuant to F.S. 334.215 to operate under the provisions of S.163.01, to assure eligibility for the receipt of federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (1)), and 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 the affected urban study area in cooperation with the State of Florida Department of Transportation (hereinafter called the Department). Chapter 334, Florida Statutes, grants the broad authority for the Depart- ment's role in transportation. Section 334.02(5), Florida Statutes, evidences the legislative intent that the Department be the custodian of the State highway and transportation systems and be given sufficiently broad authority to function adequately and efficiently in all areas of appropriate jurisdiction. Section 334.211(2), Florida Statutes, requires the Department to develop comprehensive plans, in conjunction with -2- local governmental bodies and regional planning agencies, for all standard metropolitan statistical areas. Section 334.215, Florida Statutes, specifies the authority and the responsibilities of the h1P0 and the department for conducting the continuing, cooperative and comprehensive transportation planning process for the urbanized area_ In fulfillment of this purpose and in the exercise of the various powers granted by Chapter 334, Florida Statutes, the Department and all parties to this; agreement shall observe all provisions of Section 163.3161 - 163.3211; the Local Govern- , ment Comprehensive Planning Act and its successors, and shall take particular care that the planning processes and planning integrity of local governments as set forth in the Local Government Comprehensive Planning Act and as evidenced by the legislative intent expressed in Sections 334.02(7), Florida Statutes, not be infringed upon. 2.00 The Project .01 The project is defined as the continuing, cooperative, and comprehensive transportation planning-process for the Urban Study Area of Palm Beach County including the programming of transportation improvements for the area within the urban boundary. .02 The geographic scope of the transportation planning process shall, as a minimum cover the urbanized area of Palm Beach County and the area likely to be urbanized in the period covered by the long -range element of the transportation plan. Such Area to be known as the Urban Study Area. - 3.00 Coordination and Agreements .01 There shall be a written agreement between the IMO and the department clearly establishing a cooperative relationship essential to accomplish the transporta- tion planning requirements of the applicable federal regulations, this section and other controlling state statutes, including S334.02, and SS. 163.3161- 163.3211:the Local Government Comprehensive Planning Act. This agreement shall clearly define the procedures for cooperatively carrying out the continuing, cooperative and comprehensive transportation planning process for the urbanized area. -3- .02 The MPO shall execute and maintain an agreement with the metropolitan and regional A -95 agencies serving the urbanized area, said agreement shall describe the means by which activities will be coordinated and specify how transportation . - planning and programming will be part of the comprehensive planned development of the urbanized area. - .03 The MPO shall execute and maintain an agreement with publicly owned operators of mass transportation services which specifies interaction essential to an effective consideration of mass transit usage within the urbanized area. .04 Federal and state laws and rules and regulations presently existing or subsequently enacted requiring other agreements shall be initiated the MPO- required to enable it to properly accomplish its functions. 4.00 Powers, Responsibilities and Obligations .01 The MPO shall have all pawers,enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations as specified in Section 334.215, Florida Statutes, and incorporated as authorized in Section 163.01, Florida Statutes, and the Federal Rules and Regulations pertaining to transportation planning, consistent with State and Local Laws, including, but not limited to, the following: .02 The authority and responsiblity of the MPO is for the management of a continuing, cooperative and comprehensive transportation planning process that results in the development of plans and programs consistent with the comprehensively planned development of the urbanized area. The MPO shall be the forum for cooperative decision - making by principal elected officials of general prupose local government. .03 The MPO shall adopt rules of procedure and by -laws to regulate its affairs and conduct its business. .04 The MPO may employ personnel and /or may enter into contracts with other local and State agencies, as well as private planning and engineering firms to carry out the urban transportation planning process required by Title 23 U.S.C., Section 134 and by chapter 334. -4- t , .05 The MPO shall receive its proportionate share of federal planning funds for the purpose of carrying out transportation planning and programming. .06 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property. .07 The MPO may accept funds, grants, assistance, gifts, or bequeaths from local, state and federal sources. .08 The MPO shall establish and adopt a budget which shall operate on a mutually acceptable Fiscal Year. The Board of County Commissioners agrees, subject to the availability of funds, to provide annually not less than the required matching local share for receipt of Federal funding available for planning purposes. The Department agrees to participate financially and /or with in -kind services within the limitations of its resources in the implementation of the Unified Work Program (UWP). .09 The MPO may promulgate rules to effectuate its powers, responsibilities, . and obligations enumerated herein,.provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations. .10 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Chapter . 1, Part 450, consistent with state and local laws. .11 Plans and programs developed within the framework of the urban transportation planning process may be modified in a manner consistent with the procedure established for initial development. 5.00 Membership .01 The Board of County Commissioners of Palm Beach County shall be represented by five (5) members, the City of West Palm Beach shall be represented by two (2) members and the Cities of Boca Raton, Delray Beach, Boynton Beach, Lake Worth and Riviera Beach shall be represented by one(1) member each. The aforementioned members shall be appointed by and serve at the pleasure of their respective government entities. In addition, there shall be two (2) non - voting members of the MPO from the Department, consisting of (1) the Deputy Director of the Division of Transportation Planning and r ' (1) the District 4 Engineer, both of whom shall be designated by and serve at the pleasure of the Department." "Provided: - .02 In the event that any of the Commissions, Boards or Agencies decline to - participate in forming the MPO by execution of the Interlocal Agreement or withdraw - from the agreement at a future date, the Governor shall designate replacement(sr from any appropriate entity in the urbanized area. .03 Where vacancies on the MPO occur for any reason they shall be filled by the original appointing body. If any municipality or county fails to fill an assigned appointment to the MPO within 60 days after notification by the Governor of its duty to appoint, that appointment shall be made by the Governor from the eligible representatives of said municipality or county. 6.00 Pursuant to Federal, State, and Local Law In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the MPO to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the MPO will, to the extent of its legal capacity, work towards the accomplishment and fulfillment of said needs. 7.00 Rights of Review All parties to the Agreement, the FHWA, and UMTA shall have the rights of policy and technical review and comment of MPO projects within the Urban Study Area. 8.00 Contracts of the MPO All contractual agreements, if involving FHWA, UMTA, and /or Department funds, must be appropriately approved by the affected federal agency and the Department. Except as otherwise authorized in writing by the Department, FHWA, and UMTA, where state or federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, and UMTA. Subletting of consultants contracts involving funds administered by FUtJA shall be in accordance with the requirements of Paragraph 6b(5) of Volume 4, Chapter 1, Section 2, Sub- section 2, of the Federal -Aid Highway Program Manual. 9.00 Miscellaneous Provisions .01 How Contract Affected by Provisions Being Held Invalid If any provision of the Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue td conform to the terms and requirements of applicable law. r - .02 State and Territorial Law Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law: Provided, that if any of the provisions of the Agreement violate any applicable state law, any party will at once notify the others of such violation in order that appropriate modifications may be negotiated ' to the end that the MPO may proceed as soon as possible with the planning project. .03 Existing Agreements All agreements, contracts and other commitments, in force at the time that the existing MPO is replaced by the MPO established under this. section, shall remain in force. Provisions for amending or canceling existing agreements, contracts and other commitments, contained within each such document, may be exercised by the MPO after it has been legally designated. 10.00 Execution of Agreement This Interlocal Agreement may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be original, and such counterparts together shall constitute one and the same instrument. 11.00 Constitutional or Statutory Duties and Responsibilities of the Parties to the Agreement This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agree- ment 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 of this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. 12.00 Duration of Agreement and Withdrawal Procedure This Agreement shall remain in effect until terminated by the parties t9 . the Agreement. Any party may withdraw from said Agreement after pre in . written form a notice of intent to withdraw to the other parties, at least sixty (60) days prior to the intended date of withdrawal, provided financial commitments made prior to withdrawal are effective and binding for their fill term and amount regardless of withdrawal. 13.00 Amendment of Agreement Amendments to this Agreement may be initiated by the parties to this - Agreement. Amendments shall be adopted by the member agencies to this Agreement. - 14.00 Confirmation of Agreement The Agreement shall be reviewed not less often than,annually by the MPO to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. 15.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. _ All words used in any gender shall extend to and include all genders. IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their behalf and hereby establish the above designated MPO this 2-1 day ofDecembev 197 °. ATTEST: BOARD OF COUNTY COMMISSIONERS _ - JOHN B. DUNKLE, Clerk OF PALM BEACH COUNTY, FLORIDA By ,2 Deputy Clerk Chairman `(SEAL) ATTEST: CITY OF WEST PALM BEACH, FLORIDA B I ( (SEAL ATTEST: CITY OF BOCA RATON, FLORIDA By 61, By / '� ��: ■ (SEAL) ATTEST: CITY OF DELRAY BEACH, FLORIDA I By A‘Zje...,/_, (SEAL) ATTEST: CITY OF BOYNTON BEACH, FLORIDA --e Z By . 12.1 BY (SEAL) ATTEST: CITY OF LAKE WORTH, FLORIDA By 6!4t By / /'L�iw, - _ (SEAL) \; ATTEST: CITY OF RIVIERA BEACH, FLORIDA (SEAL' ATTEST: FLORIDA DEPARTMENT OF TRANSPORTATION By 1id By (SEAL) - TRA►.SP:ifzTATWN z ,1. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASST. C OUNTY ATTORNEY 10- INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, effective on the date herein specified below, by and between the Board of County Commissioners of Palm Beach County, City of West Palm Beach, City of Boca Raton, City of Delray Beach, City of Boynton Beach, City of Lake Worth, City of Riviera Beach and the Florida Department of Transportation, creates and establishes a METROPOLITAN PLANNING ORGANIZATION (MPO) for the URBAN' STUDY AREA, OF PALM BEACH COUNTY, to be known as the METROPOLITAN PLANNING ORGANIZA- TION OF PALM BEACH COUNTY, hereinafter called the MPO; WITNESSETH: WHEREAS, Florida Statute 334.215 requires that "there shall be a METROPOLITAN PLANNING ORGANIZATION within each urbanized area where a planning organization is necessary to meet federal requirements for obtaining and expending federal transporta- tion funds ", and provides for the creation, designation and apportionment of Metropoli- tan planning organizations consistent with the federal laws and rules identified below; and WHEREAS, the Governor has designated the above local jurisdictions and State Departments to be the signatories to an interlocal agreement and allocated the membership for each; and WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively as an MPO 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 development; and WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 anI Section s 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a) and 1604(g)1 and (1)), requires that each urbanized 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 urbanized 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; and WHEREAS, Rules of the Federal Highway Administration and the Urban Mass Transportation Administration, published in Volume 40 of the Federal Register No 181, Pages 42976 to 42984, September 17, 1975 (hereinafter called the Rules), provide for the designation of Metropolitan Planning Organizations by the Governor. NOW THEREFORE, in consideration of the mutual covenants, promises and representations herein the parties hereto do hereby establish a Metropolitan Planning Organization and agree as follows: 1.00 Purpose The purpose of this Interlocal Agreement is to establish a MPO, created pursuant to F.S. 334.215 to operate under the provisions of S.163.01, to assure eligibility for the receipt of federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a), and 1604(g)(1) and (1)), and 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 the affected urban study area in cooperation with the State of Florida Department of Transportation (hereinafter called the Department). Chapter 334, Florida Statutes, grants the broad authority for the Depart- ment's role in transportation. Section 334.02(5), Florida Statutes, evidences the legislative intent that the Department be the custodian of the State highway and transportation systems and be given sufficiently broad authority to function adequately and efficiently in all areas of appropriate jurisdiction. Section 334.211(2), Florida Statutes, requires the Department to develop comprehensive plans, in conjunction with -2- local governmental bodies and regional planning agencies, for all standard metropolitan statistical areas. Section 334.215, Florida Statutes, specifies the authority and the responsibilities of the MPO and the department for conducting the continuing, cooperative and comprehensive transportation planning process for the urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapter 334, Florida Statutes, the Department and all parties to this, agreement shall observe all provisions of Section 163.3161- 163.3211, the Local Govern- ment Comprehensive Planning Act and its successors, and shall take particular care that the planning processes and planning integrity of local governments as set forth in the Local Government Comprehensive Planning Act and as evidenced by the legislative intent expressed in Sections 334.02(7), Florida Statutes, not be infringed upon. 2.00 The Project .01 The project is defined as the continuing, cooperative, and comprehensive transportation planning process for the Urban Study Area of Palm Beach County including the programming of transportation improvements for the area within the urban boundary. .02 The geographic scope of the transportation planning process shall, as a minimum cover the urbanized area of Palm Beach County and the area likely to be urbanized in the period covered by the long -range element of the transportation plan. Such Area to be known as the Urban Study Area. 3.00 Coordination and Agreements .01 There shall be a written agreement between the MPO and the department clearly establishing a cooperative relationship essential to accomplish the transporta- tion planning requirements of the applicable federal regulations, this section and other controlling state statutes, including S334.02, and SS. 163.3161- 163.3211, the Local Government Comprehensive Planning Act. This agreement shall clearly define the procedures for cooperatively carrying out the continuing, cooperative and comprehensive transportation planning process for the urbanized area. -3- .02 The MPO shall execute and maintain an agreement with the metropolitan and regional A -95 agencies serving the urbanized area, said agreement shall describe the means by which activities will be coordinated and specify how transportation planning and programming will be part of the comprehensive planned development of the urbanized area. .03 The MPO shall execute and maintain an agreement with publicly owned operators of mass transportation services which specifies interaction essential to an effective consideration of mass transit usage within the urbanized area. .04 Federal and state laws and rules and regulations presently existing or subsequently enacted requiring other agreements shall be initiated the MPO if required to enable it to properly accomplish its functions. 4.00 Powers, Responsibilities and Obligations .01 The MPO shall have all Fbwers,enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations as specified in Section 334.215, Florida Statutes, and incorporated as authorized in Section 163.01, Florida Statutes, and the Federal Rules and Regulations pertaining to transportation planning, consistent with State and Local Laws, including, but not limited to, the following: .02 The authority and responsiblity of the MPO is for the management of a continuing, cooperative and comprehensive transportation planning process that results in the development of plans and programs consistent with the comprehensively planned development of the urbanized area. The MPO shall be the forum for cooperative decision - making by principal elected officials of general prupose local government. .03 The MPO shall adopt rules of procedure and by -laws to regulate its affairs and conduct its business. .04 The MPO may employ personnel and /or may enter into contracts with other local and State agencies, as well as private planning and engineering firms to carry out the urban transportation planning process required by Title 23 U.S.C., Section 134 and by chapter 334. -4- .05 The MPO shall receive its proportionate share of federal planning funds for the purpose of carrying out transportation planning and programming. .06 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property. .07 The MPO may accept funds, grants, assistance, gifts, or bequeaths from local, state and federal sources. .08 The MPO shall establish and adopt a budget which shall operate on a mutually acceptable Fiscal Year. The Board of County Commissioners agrees, subject to the availability of funds, to provide annually not less than the required matching local share for receipt of Federal funding available for planning purposes. The Department agrees to participate financially and/or with in -kind services within the limitations of its resources in the implementation of the Unified Work Program (UWP). .09 The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein, provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations. .10 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Chapter 1, Part 450, consistent with state and local laws. .11 Plans and programs developed within the framework of the urban transportation planning process may be modified in a manner consistent with the procedure established for initial development. 5.00 Membership .01 "The Board of County Commissioners of Palm Beach County shall be represented by five (5) members, the City of West Palm Beach shall be represented by two (2) members and the Cities of Boca Raton, Delray Beach, Boynton Beach, Lake Worth and Riviera Beach shall be represented by one(1) member each. The aforementioned members shall be appointed by and serve at the pleasure of their respective government entities. In addition, there shall be two (2) non - voting members of the MPO from the Department, consisting of (1) the Deputy Director of the Division of Transportation Planning and -5- (1) the District 4 Engineer, both of whom shall be designated by and serve at the pleasure of the Department." "Provided: .02 In the event that any of the Commissions, Boards or Agencies decline to participate in forming the MPO by execution of the Interlocal Agreement or withdraw from the agreement at a future date, the Governor shall designate replacement(sr from any appropriate entity in the urbanized area. .03 Where vacancies on the MPO occur for any reason they shall be filled by the original appointing body. If any municipality or county fails to fill an assigned appointment to the MPO within 60 days after notification by the Governor of its duty to appoint, that appointment shall be made by the Governor from the eligible representatives of said municipality or county. 6.00 Pursuant to Federal, State, and Local Law In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the MPO to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the MPO will, to the extent of its legal capacity, work towards the accomplishment and fulfillment of said needs. 7.00 Rights of Review All parties to the Agreement, the FHWA, and UMTA shall have the rights of policy and technical review and comment of MPO projects within the Urban Study Area. 8.00 Contracts of the MPO All contractual agreements, if involving FHWA, UMTA, and /or Department funds, must be appropriately approved by the affected federal agency and the Department. Except as otherwise authorized in writing by the Department, FHWA, and UMTA, where state or federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, and UMTA. Subletting of consultants contracts involving funds administered by FHWA shall be in accordance -6- with the requirements of Paragraph 6b(5) of Volume 4, Chapter 1, Section 2, Sub- section 2, of the Federal -Aid Highway Program Manual. 9.00 Miscellaneous Provisions .01 How Contract Affected by Provisions Being Held Invalid If any provision of the Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to' conform to the terms and requirements of applicable law. .02 State and Territorial law Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law: Provided, that if any of the provisions of the Agreement violate any applicable state law, any party will at once notify the others of such violation in order that appropriate modifications may be negotiated to the end that the MPO may proceed as soon as possible with the planning project. .03 Existing Agreements All agreements, contracts and other commitments, in force at the time that the existing MPO is replaced by the MPO established under this section, shall remain in force. Provisions for amending or canceling existing agreements, contracts and other commitments, contained within each such document, may be exercised by the MPO after it has been legally designated. 10.00 Execution of Agreement This Interlocal Agreement may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be original, and such counterparts together shall constitute one and the same instrument. 11.00 Constitutional or Statutory Duties and Responsibilities of the Parties to the Agreement This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agree- ment does not relieve any of the parties of an obligation or responsibility imposed -7- upon them by law except to the extent of actual and timely performance thereof by one or more of the parties of this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. 12.00 Duration of Agreement and Withdrawal Procedure This Agreement shall remain in effect until terminated by the parties t9 the Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least sixty (60) days prior to the intended date of withdrawal, provided financial commitments made prior to withdrawal are effective and binding for their full term and amount regardless of withdrawal. 13.00 Amendment of Agreement Amendments to this Agreement may be initiated by the parties to this Agreement. Amendments shall be adopted by the member agencies to this Agreement. 14.00 Confirmation of Agreement The Agreement shall be reviewed not less often than annually by the MPO to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. 15.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. -8- IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their behalf and hereby establish the above designated MPO this ai of Decemb,e1197 Via. ATTEST: BOARD OF COUNTY COMMISSIONERS _ JOHN B. DUNKLE, Clerk OF PALM BEACH COUNTY, FLORIDA '. 1 BY I - By Deputy Clerk Chaim. (SEAL) ATTEST: CITY OF WEST PALM BEACH, FLORIDA / /-/)/ - (SEAL),/ ATTEST: CITY OF BOCA RATON, FLORIDA B y BY ;/ ... , . (SEAL) ATTEST: CITY OF DELRAY BEACH, FLORIDA BY .‘ (SEAL) ATTEST: CITY OF BOYNTON BEACH, FLORIDA BY —1,414242 differ By - >�-z:�ld'e l /rd ct (SEAL) t/ -9- ATTEST: CITY OF LAKE WORTH, FLORIDA /^ BY (4111W it 41r 4110 1 By A / 1. 11- t i `i (SEAL) ATTEST: CITY OF RIVIERA BEACH, FLORIDA \ fr.)..tt.",14 ) 4.-C62:1-4.-; (SEAL) ATTEST: FLORIDA DEPARTMENT OF TRANSPORTATION By L, .✓2la By 54' / � • C%i���(�„ (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY ,,cc e/ u1 tr ASST. COUNTY ATTORNEY 10-