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Res 48-04RESOLUTION NO. 48-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR CREATION OF THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION; EXPANDING ITS MEMBERSHIP TO INCLUDE THE VII,I ,AGE OF WELLINGTON AS A MEMBER, AND THE CITY OF GREENACRES, AND THE VIIJ,AGE OF ROYAL PALM BEACH AS ANNUALLY ALTERNATING MEMBERS; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, 23 U.S.C. 134, 49 U.S.C. 5303 and Chapter 339.195, F.S., provide for the creation of metropolitan planning organizations to develop transportation plans and programs, in cooperation with state and public transit operators, for metropolitan areas; and WHEREAS, the plans and programs for each metropolitan area must provide for the development and integrated management and operation of transportation systems and facilities; and WHEREAS, Chapter 339.175, F.S., requires that each metropolitan planning organization be created and established pursuant to an Interlocal Agreement between the Governor and units of general-purpose local governments designated by the Governor for membership on the metropolitan planning organization; and WHEREAS, the Palm Beach Metropolitan Planning Organization 0VIPO) and the Governor approved a plan to modify the membership of the MPO by eliminating a position which could only be filled by a member of a statutorily authorized planning board appointed by the Palm Beach County Board of County Commissioners and increasing the positions to be filled by elected officials of general-purpose local governments; and WHEREAS, the Governor has designated the Village of Wellington as a voting member of the MPO and the Town of Greenacres and the Village of Royal Palm Beach as annually alternating voting members of the MPO, and approved the expansion of the MPO's membership to nineteen (19) voting members; and WHEREAS, the Governor has approved the MPO's membership and membership apportionment plan as set forth in the Interlocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The membership apportionment plan approved by the Governor and the addition of the Village of Wellington as a voting member of the MPO, and the Town of Greenacres and the Village of Royal Palm Beach as annually alternating voting members is accepted. Section 2. The Interlocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization creating the MPO and establishing its membership is hereby approved. Section 3. This resolution shall take effect mediately upon its adoption. PASSED AND ADOPTED in regular session on this the 8th day of June, 2004. ATI'EST: Acting City Clerk City Attorney 2 RES. NO. 48-04 PALM BEACH METROPOLITAN PLANNING ORGANIZATION May 26, 2004 Honorable Mayor Jeff Perlman City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 160 Australian Avenue, Suite 201, West Palm Beach, Florida 33406 Phone 561.684.4170 Fax 561.233.5664 www. pbcgov, com/mpo ~ ~';:ii-,~:,~'-'~' ~ ~ r~ rT'~{ JUN I ~ Reference: Palm Beach Metropolitan Planning Organization Interlocal Agreement Dear Mayor Perlman: Following the decennial Census, the Governor and the Metropolitan Planning Organization (MPO) reviewed the Board's membership. The Palm Beach MPO has revised and expanded its membership to the maximum of nineteen members. The membership changes include the addition of the Village of Wellington as a member and the replacement of a statutorily authorized planning board member with the City of Greenacres and the Village of Royal Palm Beach as annually alternating members. The Palm Beach MPO, with its revised membership, must be created through an Interlocal Agreement executed by all represented jurisdictions. The enclosed Agreement was created by the Florida Department of Transportation to meet Federal and State requirements and modified to reflect local members. Also enclosed is an example resolution authorizing execution of the Agreement. Following your approval, the MPO staff will meet with you to sign original copies of the Agreement. Copies of the signed agreement will be distributed later. Your expeditious attention to this matter is appreciated. If you have any questions, please contact me. RMW/eer Enclosures (2) cc: Patricia Archer RESOLUTION NO. 48-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR CREATION OF THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION; EXPANDING ITS MEMBERSHIP TO INCLUDE THE VIIJ.AGE OF WELLINGTON AS A MEMBER, AND THE CITY OF GREENACRES, AND THE VILLAGE OF ROYAL PALM BEACH AS ANNUAIJ.Y ALTERNATING MEMBERS; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, 23 U.S.C. 134, 49 U.S.C. 5303 and Chapter 339.195, F.S., provide for the creation of metropolitan planning organizations to develop transportation plans and programs, in cooperation with state and public transit operators, for metropolitan areas; and WHEREAS, the plans and programs for each metropolitan area must provide for the development and integrated management and operation of transportation systems and facilities; and WHEREAS, Chapter 339.175, F.S., requires that each metropolitan planning organization be created and established pursuant to an Interlocal Agreement between the Governor and un/ts of general-purpose local governments designated by the Governor for membership on the metropolitan planning organization; and WHEREAS, the Palm Beach Metropolitan Planning Organization 0VYPO) and the Governor approved a plan to modify the membership of the MPO by eliminating a position which could only be filled by a member of a statutorily authorized planning board app(fmted by the Palm Beach County Board of County Commissioners and increasing the positions to be filled by elected officials of general-purpose local governments; and WHEREAS, the Governor has designated the V'fllage of Wellington as a voting member of the MPO and the Town of Greenacres and the Village of Royal Palm Beach as annually alternating voting members of the MPO, and approved the expansion of the MPO's membership to nineteen (19) voting members; and WHEREAS, the Governor has approved the MPO's membership and membership apportionment plan as set forth in the Interlocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The membership apportionment plan approved by the Governor and the addition of the Village of Wellington as a voting member of the MPO, and the Town of Greenacres and the Village of Royal Palm Beach as annually alternating voting members is accepted. Section 2. The Interlocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization creating the MPO and establishing its membership is hereby approved. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in reg~l~r session on this the 8'h day of June, 2004. ATrEST: MAYOR ci, Clerk Approved as to Form and Legal Suffidency City Attorney 2 RES. NO. 48-04 FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page I of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and entered into this __ day of ,2004, by and between the FLORIDA DEPARTMEN'[ OF TRANSPORTATION; the COUNTY OF Palm Beach; the MUNICIPALITIES of Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, Wellington and West Palm Beach; and the Port of Palm Beach. RECITALS WHEREAS, the Federal Government, under the authority of 23 United States Code 134 and 49 United States Code 5303, requires each metropolitan area, as a condition to the receipt of federal capital or operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the metropolitan area, and further requires the State Transportation Agency and the Metropolitan Planning Organization to enter into an Agreement clearly identifying the responsibilities of each party for cooperatively carrying out such transportation planning; WHEREAS, the parties to this Intedocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, 23 United States Code 134, as amended by the Intermodal Surface Transportation Efficiency Act of 1991 and the Transportation Equity Act for the Twenty-first Century (Public LaW 105- 178, 112 Stat. 107), 49 United States Code 5303-5307, 23 Code of Federal Regulations 450.306, and Section 339.175, Florida Statutes, provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for metropolitan areas; WHEREAS, pursuant to 23 United States Code 134(b), 49 United States Code 5303, 23 Code of Federal Regulations 450.306(a), and Section 339.175, Florida Statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population (including the central city or cities) in the metropolitan area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to Section 339.175(3), Flodda Statutes, by letter to Mr. John F. Koons, Chair dated March 26, 2004, the Governor has agreed to the apportionment plan of the members of the proposed Palm Beach Metropolitan Planning Organization as set forth in this Agreement; WHEREAS, pursuant to 23 Code of Federal Regulations 450.306(c), and Section 339.175(1)(b), Florida Statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; WHEREAS, the intedocal agreement is required to create the Palm Beach Metropolitan Planning Organization and delineate the provisions for operation of the MPO; FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 2 of 12 WHEREAS, this Intedocal Agreement shall terminate and replace, on its effective date, all prior interlocal agreements, and all amendments thereto, creating or establishing the Palm Beach Metropolitan Planning Organization; WHEREAS, this Interlocal Agreement shall not invalidate, terminate or otherwise impair any other intedocal agreement relating to the funding, coordination, planning or programming responsibilities of the Palm Beach Metropolitan Planning Organization; WHEREAS, the undersigned parties have determined that this Interlocal 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 Interlocal Agreement is consistent with the requirements of Section 163.01, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. Section 1.02. Definitions. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: Agreement means and refers to this instrument, as amended from time to time. Department shall mean and refer to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes. FHWA means and refers to the Federal Highway Administration. FTA means and refers to the Federal Transit Administration. Long-Range Transportation Plan is the 20-year plan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes. Metropolitan Area means and refers to the planning area as delineated by the MPO for the FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 3 of 12 urbanized area containing at least a population of 50,000 as described in 23 U.S.C. 134(b)(1), 49 U.S.C. Section 5303(c)(1), and Section 339.175, Florida Statutes, which shall be subject to the Metropolitan Planning Organization' planning authority. MPO means and refers to the Metropolitan Planning Organization formed pursuant to this Agreement. Transportation Improvement Program (TIP) is the is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long-Range Transportation Plan and developed pursuant to title 23 United States Code 134(h), 49 United States Code 5304, 23 Code of Federal Regulations 450.324 and Section 339.175, Florida Statutes. Unified Planning Work Program (UPWP) is the annual program developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, alt as required by 23 CFR 450.314, and Section 339.175(8), Florida Statutes. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Agreement is to establish the Palm Beach Metropolitan Planning Organization: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as multi- modal and an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 34 and 49 U.S.C. 5303, 5304, 5305 and 5306; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by 23 U.S.C. 134 and 49 U.S.C. 5303, 5304, 5305 and 5306; 23 CFR 420 and 450, and 49 CFR Part 613, Subpart A: and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws. Section 2.02. Maior 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: FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 4 of 12 (a) (b) (c) (d) federal law; (e) (f) (g) Section 2.03. The Long-range Transportation Plan; The Transportation Improvement Program; The Unified Planning Work Program; A congestion management system for the metropolitan area as required by state or Assisting the Department in mapping transportation planning boundaries required by state or federal law; Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and Performing such other tasks presently or hereafter required by state or federal law. 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 ofthe 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 the Palm Beach Metropolitan Planning Organization. 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. Governin.q board to act as policy-makin.q body of MPO. The governing board FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 5 of 12 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 pmceedin.qs; Contracts and other documents. Subject to the dght to claim an exemption from the Florida Public Records Law, Chapter 119, Florida Statutes, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan planning organization as is requested. Charges are to be in accordance with Chapter 119, Florida Statutes. Section 3.05. Ri.qhts of review. All parties to this Agreement and the affected Federal funding agency (i.e., FHWA, FTA, and FAA) shall have the dghts of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of .qovemin.q board. (a) The membership of the MPO shall consist of nineteen voting representatives and one non-voting representative. The names of the member local governmental entities and the voting apportionment of the goveming board as approved by the Governor shall be as follows: Jurisdiction Members Palm Beach County 5 City of Belle Glade 1 City of Boca Raton 2 City of Boynton Beach 1 City of Delray Beach 1 Town of Jupiter 1 City of Lake Worth 1 City of Palm Beach Gardens 1 City of Riviera Beach Village of Wellington City of West Palm Beach 2 City of Greenacres 1 Village of Royal Palm Beach 1 Port of Palm Beach 1 Florida Department of Transportation 1 Annually Alternating Member* Annually Alternating Member* (Non-voting) "The City of Gmenacres and the Village of Royal Palm Beach shall, on an annual basis, alternate membership on the MPO. (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. The City of Greenacres and the Village of Royal Palm Beach shall each have one voting representative who shall serve only during each year the local government is a member of the MPO. All individuals acting as a representative of the governing board of FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 6 of 12 the county, the city, or authority shall first be selected by said governing board. Each governing may appoint one or more alternate voting representatives in place of a regular voting representative who must be an elected official serving the same governmental entity that the regular voting representative serves. (c) In no event shall the county commission representatives constitute less than twenty percent (20 %) of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Govemor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years except that where membership on the MPO is alternated with another municipality, the term of office shall run concurrently with municipal membership. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exemise 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: (a) As provided in Section 339.175(5)(g), Florida Statutes, the MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; (b) As provided in Section 163.01(14), Florida Statutes, the Mpo may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)(j), Florida Statutes, the MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) As provided in Section 163.01 (5)(m), Florida Statutes, the MPO may accept funds, grants, assistance, gifts or bequests from local, State, and Federal resources; (e) The MPO may promulgate 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 FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 7 of 12 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(5)(d), Florida Statutes, the MPO shall create and appoint a technical advisory committee; (b) As provided in Section 339.175(5)(e), Florida Statutes, the MPO shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(o), Flodda Statutes, the MPO membership shall be jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board; (d) As provided in Section 339.175(8), Florida Statutes, the MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by 23 CFR Parts 420 and 450, and 49 CFR Part 613, Subpart A, and consistent with Chapter 339, Florida Statutes, and other applicable state and local laws; (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) Program; In cooperation with the Department, prepare the Transportation Improvement (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; (I) 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 FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 8 of 12 (o) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01 Fundinq. The Department shall allocate to the MPO for its performance of its transportation planning and pregramming 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-keepin.q and document retention The Department and the MPO shall prepare and retain all records in accordance with the federal and state requirements, including but not limited to 23 CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119, Florida Statutes. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of A,qreement. Amendments or modifications ofthisAgreement may only be made by written agreement signed by all parties here to with the same formalities as the odginal Agreement. No amendment may alter the apportionment orjudsdictional 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, 2009 and at least every five years thereafter, the Governor shall examine the composition of the MPO membership and reapportion it as necessary to comply with Section 339.175, Florida Statutes, as aPpropriate. During examination of the MPO apportionment every five years by the Governor, this Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend amendments, if any, that are required. (b) Withdrawal procedure. Any party, except Palm Beach County and the United States Bureau of the Census designated center city(les), may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least 90 FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 9 of 12 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 ofthe 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 450.306(k), adding membership to the MPO does not automatically require re-designation 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 301 North Olive Avenue West Palm Beach, FL 33401 City of Belle Glade 110 Southwest Avenue "E" Belle Glade, FL 33430 City of Boca Raton 201 West Palmetto Park Road Boca Raton, FL 33432 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 City of Delray Beach 100 Northwest First Avenue Delray Beach, FL 33444 City of Greenacres 5985 Tenth Avenue North Greenacres, F 33463-2399 Town of Jupiter 210 Military Trail Jupiter, FL 33458 City of Lake Worth 7 North Dixie Highway Lake Worth, FL 3360 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 City of Riviera Beach 600 West Blue Heron Boulevard Riviera Beach, FL 33404 Village of Royal Palm Beach 1050 Royal Palm Beach Boulevard Royal Palm Beach, FL 33411 Village of Wellington 14000 Greenbriar Boulevard Wellington, FL 33414 City of West Palm Beach Post Office Box 3366 West Palm Beach, FL 33402-3366 Port of Palm Beach Post Office Box 9935 Riviera Beach, FL 33419-9935 FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page I 0 of 12 Florida Department of Transportation- Dist. IV 3400 West Commemial Boulevard 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 A.qreement. 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 judgment, 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 siRnature 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. FDOT 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 - 07/O3 Page 11 of 12 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: BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY: CHAIRPERSON CITY OF DELRAY BEACH BY: MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF BELLE GLADE BY: CITY OF GREENACRES BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK ClTY OFBOCARATON BY: TOWN OF JUPITER BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK ClTY OFBOYNTON BEACH BY: CITY OF LAKE WORTH BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF PALM BEACH GARDENS BY: MAYOR ATTEST: CLERK CITY OF RIVIERA BEACH BY: MAYOR ATTEST: CLERK VILLAGE OF ROYAL PALM BEACH BY: MAYOR ATTEST: CLERK VILLAGE OF WELLINGTON BY: MAYOR ATTEST: CLERK CITY OF WEST PALM BEACH BY: MAYOR ATTEST: CLERK FORM 525-010-01 POLICY PLANNING OGC - 07/03 Page 12 of 12 PORT OF PALM BEACH BY: CHAIR A'I-rEST: EXECUTIVE DIRECTOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICTSECRETARY ATTEST: EXECUTIVE SECRETARY Approved as to Form: Flodda Department of Transportation BY: ATTORNEY RESOLUTION NO. R- A RESOLUTION OF THE (Insert Name of Municipality), FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR CREATION OF THE PALM BEACH METROPOLITAN PLANNING ORGANZIATION; EXPANDING ITS MEMBERSHIP TO INCLUDE THE VILLAGE OF WELLINGTON AS A MEMBER, AND THE CITY OF GREENACRES AND THE VILLAGE OF ROYAL PALM BEACH AS ANNUALLY ALTERNATING MEMBERS; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, 23 U.S.C. 134, 49 U.S.C. 5303 and Chapter 339.175, F.S., provide for the creation of metropolitan planning organizations to develop transportation plans and programs, in cooperation with state and public transit operators, for metropolitan areas; and WHEREAS, the plans and programs for each metropolitan area must provide for the development and integrated management and operation of transportation systems and facilities; and WHEREAS, Chapter 339.175, F.S., requires that each metropolitan planning organization be created and established pursuant to an lnterlocal Agreement between the Governor and units of general-purpose local governments designated by the Governor for membership on the metropolitan planning organization; and WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) and the Governor approved a plan to modify the membership of the MPO by eliminating a position which could only be filled by a member of a statutorily authorized planning board appointed by the Palm Beach County Board of County Commissioners and increasing the positions to be filled by elected officials of general-purpose local governments; and WHEREAS, the Governor has designated the Village of Wellington as a voting member of the MPO and the Town of Greenacres and the Village of Royal Palm Beach as annually alternating voting members of the MPO, and approved the expansion of the MPO's membership to 19 voting members; and WHEREAS, the Governor has approved the MPO's membership and membership apportionment plan as set forth in the Intertocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization. NOW, THEREFORE, BE IT RESOLVED BY THE (Insert Name of Municipality), FLORIDA THAT: 1. The membership apportionment plan approved by the Govemor and the addition of the Village of Wellington as a voting member of the MPO, and the Town of Greenacres and the Village of Royal Palm Beach as annually alternating voting members is accepted. 2. The Intedocal Agreement for Creation of the Palm Beach Metropolitan Planning Organization creating the MPO and establishing its membership is hereby approved. 3. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was offered by who moved its adoption. The motion was seconded by , and upon being put to a vote, the motion passed. The Chair thereupon declared the Resolution duly adopted this day of ,2004. (Insert Name of Municipality), FLORIDA ATTEST: By:. Mayor By:. Municipal Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY By:. Municipal Attorney