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Res 39-15CITY OF OELRRY BEREH DELRAY BEACH bftg All-AmericaCity 1II II I 1993 2001 CITY CLERK 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 561/243-7000 September 21, 2015 Ms. Elizabeth Requeny Palm Beach Metropolitan Planning Organization 2300 North Jog Road, 4th Floor West Palm Beach, FL 33411-2749 RE: Request to Executl.the Interlocal Agreement for the Palm Beach Metropolitan Planning Organization (MPO) Dear Ms. Requeny: Enclosed is the executed Interlocal Agreement for the addition of two members. This agreement was approved by the City Commission by Resolution No. 39-15 during our Regular Meeting of July 7, 2015. Also enclosed is a copy of Resolution No. 39-15. if you have any questions or need additional information, please contact me at (561)243-7059. Sincerely, "I i aris Ortega Agenda Coordinator Enclosure 2-+ERVICE - PERFORMANCE - —TNTEGRITY - G4E5PONSIBLE ° INNOVATIVE ° TEAMWORK PF1L M BERCH MP13 June 16, 2015 PALM BEACH METROPOLITAN PLANNING ORGANIZATION 2300 North Jog Road, 4th Floor, West Palm Beach, Florida 33411-2749 Phone: (561) 684-4170 Fax: (561) 242-7165 www.PalmBeachMPO.org The Honorable Mayor Cary Glickstein City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Subject: Request to Execute the Interlocal Agreement for the Palm Beach Metropolitan Planning Organization (MPO) Dear Mayor Glickstein: The Palm Beach MPO Board is currently comprised of nineteen (19) elected officials in Palm Beach County and was most recently established through Interlocal Agreement signed in October 2004 by all jurisdictions that are represented on the MPO Board. In 2014, the Florida Legislature amended § 339.175(3), F.S. to increase the maximum number of apportioned members from nineteen (19) to twenty-five (25). At the July 17, 2014 MPO Board Meeting, the Palm Beach MPO approved the addition of two (2) members for a total of twenty-one (21) members. The membership changes include the addition of the Village of Palm Springs as a new member and permanent seats for the City of Greenacres and the Village of Royal Palm Beach (they currently rotate a seat on an annual basis). The enclosed Interlocal Agreement implements this membership change and was drafted by the Florida Department of Transportation to meet Federal and State requirements. Also enclosed is a sample resolution authorizing execution of the Agreement. We are asking you to schedule the execution of this Interlocal Agreement at your earliest convenience and return an executed copy to the MPO at the above address. After the Agreement is fully executed by all parties, copies will be distributed. Our target date for full execution of the Agreement is September 30, 2015. If you have any questions, please contact Elizabeth Requeny at (561) 684-4170 or erequeny@pa Im beachmpo. org. Sincerely, IeIZ-- Nick Uhren, P.E. Executive Director Enclosures: Interlocal Agreement Sample Resolution S:WDMIN\Board & Committees\MPO BoarMAdministrative DocsNnterlocal Agreement\Drafts\LTR (MAYORS) PBMPO Interlocal Agreement.merge.doc FORM 525-010-01 POLICY PLANNING OGG-07/14 Page 1 of 12 STATE OFFLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT for the farmatiop of a Metropolitan Planning Organization is made and entered into on this l5A day of Sbe-r` , by and between the FLORIDA DEPARTMENT 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, Palm Springs, Riviera Beach, Royal Pahn Beach, Wellington and West Palm Beach; and the Port of Palm Beach; collectively known as "the parties;" replaces the existing interlocal agreement for the creation of the Palm Beach Metropolitan Planning Organization made and entered into on October 13, 2004 and re-establishes and continues the Palm Beach Metropolitan Planning Organization. RECITALS WHEREAS, the federal government, under the authority of Title 23 United States Code (USC) §134 and Title 49 USC §5303, requires each metropolitan area, as a condition for 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; 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 systems, bicycle and pedestrian facilities, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305 and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; WHEREAS, pursuant to Titles 23 USC §134(d), 49 USC §5303, 23 CFR §450.310(b), and Section 339.175(2), F.S., a determination has been made by the Governor and units of general purpose local government representing at least 75 percent of the affected population (including the largest incorporated city, based on population as named by the Bureau of Census) in the Palm Beach County urbanized area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the metropolitan planning process as the Palm Beach MPO for the Palm Beach County urbanized area, herein after referred to as "the Metropolitan Planning Organization" or "the MPO". Further, the parties approved by majority vote an apportionment and boundary plan for presentation to the Governor on the 17th day of July, 2014; WHEREAS, pursuant to Section 339.175(4), F.S., the Governor approved the apportionment and boundary plan submitted by the MPO; WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the MPO, and the governmental entities and public transportation operators to identify the responsibility of each party for cooperatively carrying out a comprehensive transportation planning process; FORM 525-010-01 POLICY PLANNING OGG-07114 Page 2 & 12 WHEREAS, this Interlocal Agreement replaces the interlocal agreement that created the existing Palm Beach Metropolitan Planning Organization, and re-establishes and continues the Palm Beach MPO as provided herein, without lapse or interruption in its existence or effect; WHEREAS, this Interlocal Agreement is required to delineate the provisions for the continued operation of the Palm Beach MPO; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with Section 339.175(10), F.S.; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with statutory requirements set forth in Section 163.01, F:S., relating to Interlocal Agreements; and 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; DEFIMTIONS Section 1.01. Recitals. Each and all of the foregoing recitals are 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 Interlocal Agreement. Section 1.02. Definitions. The following words when used in this Interlocal Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: Interlocal Agreement means and refers to this instrument, as it may be amended from time to time. Department means and refers to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, F.S. FHWA means and refers to the Federal Highway Administration. FTA means and refers to the Federal Transit Administration. Long Range Transportation Plan (LRTP) is the 20 -year transportation plan which includes transportation facilities; identifies 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 activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by Title 23 USC §134(c), Title 49 USC §5303, Title 23 CFR §450.322, and Section 339.175(7), F.S. Metropolitan Planning Area means and refers to the planning area determined by agreement between the MPO and the Governor for the urbanized area containing at least a population of 50,000 as described in Title 23 USC §134(b)(1), Title 49 USC §5303, and Section 339.175(2)(c) and (d), F.S., and including the existing urbanized area and the contiguous area expected to become urbanized within a 20 -year forecast period, which shall be subject to the Metropolitan Planning Organization's planning authority. FORM 525-01 M1 POLICY PLANNING OGC-0]/14 Page 3 of 12 MPO means and refers to the Metropolitan Planning Organization formed pursuant to this Interlocal Agreement as described in 23 USC §134(b)(2), 49 USC §5303, and Section 339.175(1), F.S. Transportation Improvement Program (TIP) is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long Range Transportation Plan, developed pursuant to 23 USC §1340), 49 USC §5303, 23 CFR §450.324 and Section 339.175(8), F.S. Unified Planning Work Program (UPWP) is the biennial program developed in cooperation with the Department and public transportation providers, that identifies the planning priorities and activities to be carried out within a metropolitan planning area to be undertaken during a 2 -year period, together with a complete description thereof and an estimated budget, all as required by 23 CFR §450.308, and Section 339.175(9), F.S. ARTICLE 2 PURPOSE Section 2.01 General Purpose. The purpose of this hiterlocal Agreement is to replace the existing MPO Interlocal Agreement entered into on October 13, 2004 and re-establish and continue the Palm Beach MPO without interruption or lapse, and to recognize the boundary and apportionment approved by the Governor. This Interlocal Agreement shall serve: (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 planning area 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 a multi -modal and intermodal transportation system for the metropolitan planning 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 planning area in cooperation with the Department; (d) To assure eligibility for the receipt of federal capital and operating assistance pursuant to Title 23 USC §134 and Title 49 USC §§5303, 5304, 5305, 5307, 5309, 5310, 5311, 5314, 5326, 5337and 5339, 5340; and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by federal, 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 parties to this Interlocal Agreement in the development of transportation -related plans and programs, including but not limited to: (a) The LRTP; (b) The TIP; FORM 525-010.01 POLICY PLANNING OGC-07114 Page 4 of 12 (c) The UPWP; (d) Incorporating performance goals, measures, and targets into the process of identifying and selecting needed transportation improvements and projects; (e) Administering a congestion management process for the metropolitan area and coordinated development of all other transportation management systems required by state or federal law; (f) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (g) Supporting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (h) Performing such other tasks required by state or federal law. Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans. Chapter 334, F.S., grants broad authority for the Department's role in transportation. Section 334.044, F.S., includes the legislative intent declaring that the Department shall be responsible for coordinating the plamiing 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, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans. Section 339.175(5), F.S., specifies the authority and responsibility of the MPO and the Department to manage 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, F.S., the parties to this Interlocal Agreement acknowledge that decisions made by the MPO will be coordinated with the Department. All parties to this Interlocal Agreement acknowledge that actions taken pursuant to this Interlocal Agreement will be consistent with local government comprehensive plans to the maximum extent feasible. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan planning area as described in the membership apportionment plan approved by the Governor is hereby re-established and continued pursuant to this Interlocal 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 MPO, 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 Interlocal 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 Interlocal Agreement shall act as the policy-making body for the MPO, and will be responsible for coordinating the cooperative decision-making process of the MPO's actions, and will take required actions as the MPO. FORM 525-010-01 POLICY PLANNING OGC-07114 Page 5 of 12 Section 3.04. Data, reports, records, and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each other such data, reports, records, contracts, and other documents in its possession relating to the MPO as is requested. Charges are to be in accordance with Chapter 119, F.S. Section 3.05. Rights of review. All parties to this Interlocal Agreement and the affected federal funding agencies (e.g., FHWA, FTA, and FAA) shall have the rights of technical review and comment on MPO's 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 21 voting members and 1 non-voting advisor. FDOT shall serve as a non-voting advisor to the Palm Beach MPO governing board. 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 City of Belle Glade City of Boca Raton City of Boynton Beach City of Delray Beach City of Greenacres Town of Jupiter City of Lake Worth City of Palm Beach Gardens Village of Palm Springs City Riviera Beach Village of Royal Palm Beach Village of Wellington City of West Palm Beach Port of Palm Beach Florida Department of Transportation 1 (Non-voting Advisor) (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) The voting membership of an MPO shall consist of not fewer than 5 or more than 25 apportioned members, the exact number to be determined on an equitable geographic -population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations and shall be in compliance with 339.175(3) F.S. FORM 525-010-01 POLICY PLANNING OGC-0]/14 Page 6 of 12 (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, the appointment shall then be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in Section 339.175(5) and (6), F.S. Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority: (a) As provided in Section 339.175(6)(g), F.S., 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), F.S., the MPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)0), F.S., the MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) As provided in Section 163.01(5)(m), F.S., 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 taws, rules and regulations; and (f) The MPO shall have all such powers and authority as specifically provided in Section 163.01 and Section 339.175(2)(b), (5) and (6), F.S., and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. In addition to those duties and responsibilities set forth in Article 2, the MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(6)(d), F.S., the MPO shall create and appoint a technical advisory committee; FORM 525-010-01 POLICY PLANNING OGC-07/14 Page 7 of 12 (b) As provided in Section 339.175(6)(e), F.S., the MPO shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(o), F.S., the MPO shall be liable for any liabilities incurred by the MPO, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, the approval of settlements of claims by its governing board, or in any other manner agreed upon by the MPO. Nothing contained herein shall constitute a waiver by any party of its sovereign immunity or the provisions of section 768.28, F.S.; (d) As provided in Section 339.175(9), F.S., the MPO shall establish an estimated budget which shall operate on a fiscal year basis consistent with any requirements of the UPWP; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by Title 23 CFR Parts 420 and 450, and Title 49 CFR Part 613, Subpart A, and consistent with Chapter 339, F.S., and other applicable state and local laws; (1) As provided in Section 339.175(10)(a), F.S., 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) Perform such other tasks presently or hereafter required by state or federal law; (h) Execute certifications and agreements necessary to comply with state or federal law; and (i) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the MPO for performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds consistent with the approved planning funds formula. 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 Interlocal Agreement. This shall be done in accordance with the requirements of Title 23 CFR Part 420, Subpart A, Title 49 CFR Part 18, Subpart C, and all other applicable state and federal regulations. Section 6.03. Record-keeping and document retention. The Department and the MPO shall prepare and retain all records in accordance with 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, F.S. Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public agency the party shall: FORM 525-010-01 POLICY PLANNING OGC-07114 Page 8 of 12 (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the party. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the party upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Interlocal Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this hrterlocal 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 Interlocal Agreement or any legal or administrative entity created or authorized by this Interlocal Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Interlocal Agreement. Amendments or modifications of this hxterlocal Agreement may only be made with the same formalities as this Interlocal Agreement, by written agreement approved by a majority of the membership of the governing board and signed by two-thirds (2/3) of the member local governmental entities (10 of 15) and must include Palm Beach County and the largest incorporated city based on the population as named by the Bureau of Census. 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 Interlocal Agreement shall remain in effect until terminated. The agreement may be terminated by a majority of the parties, including Palm Beach County and the largest incorporated city based on the population as named by the Bureau of Census, to this Interlocal Agreement. The Interlocal Agreement shall be reviewed by the parties at least every five years, concurrent with the decennial census, and/or concurrent with a new Federal Reauthorization bill, and updated as necessary. (b) Withdrawal procedure. Any party, except Palm Beach County and the City of West Palm Beach, the United States Bureau of the Census designated largest incorporated city, may withdraw from this Interlocal Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Interlocal Agreement and the MPO, at least 90 days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (1) The withdrawing member and the MPO shall execute a memorandum reflecting the withdrawal of the member and alteration of the list of member governments that are signatories FORM 525-010-01 POLICY PLANNING OGG-07114 Page 9 of 12 to this Interlocal Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of Palm Beach County; and (2) The MPO shall contact The Office of the Governor and the Governor, with the agreement of a majority of the remaining members of the MPO, shall determine whether any reapportionment of the membership is appropriate. The Governor and the MPO shall review the previous MPO designation, applicable federal, state and local law, and MPO rules for appropriate revision. hi the event that another entity is to be afforded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to Title 23 CFR §450:310(1)(2), 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 Interlocal Agreement is afforded membership in the MPO, membership shall not become effective until this Interlocal 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 Interlocal 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 301 N. Olive Avenue, 11th Floor 110 W. Martin Luther King Boulevard West Palm Beach, FL 33401 Belle Glade, FL 33430 City of Boca Raton City of Boynton Beach 201 W. Palmetto Park Road 100 E. Boynton Beach Boulevard Boca Raton, FL 33432 Boynton Beach, FL 33435 City of Delray Beach City of Greenacres 100 NW First Avenue 5800 Melaleuca Lane Delray Beach, FL 33444 Greenacres, FL 33463 Town of Jupiter City of Lake Worth 210 Military Trail 7 N. Dixie Highway Jupiter, FL 33458 Lake Worth, FL 33460 City of Palm Beach Gardens Village of Palm Springs 10500 N. Military Trail 226 Cypress Lane Palm Beach Gardens, FL 33418 Palm Springs, FL 33461 City Riviera Beach Village of Royal Pahn Beach 600 W. Blue Heron Boulevard 1050 Royal Palm Beach Boulevard Riviera Beach, FL 33404 Royal Palm Beach, FL 33411 Village of Wellington City of West Palm Beach 12300 Forest Hill Boulevard P.O. Box 3366 Wellington, FL 33414 West Palm Beach, FL 33402 Port of Palm Beach Florida Department of Transportation- District IV 1 E. 11th Street, Suite 600 3400 W. Commercial Boulevard Riviera Beach, FL 33404 Ft. Lauderdale, FL 33309 FORM 525-010-01 POLICY PLANNING OGC-07114 Page 10of12 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 the Interlocal 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 Interlocal Agreement and in choice of wording. Consequently, no provision should be more strongly construed against any party as drafter of this Interlocal Agreement. (b) Severability. Invalidation of any one of the provisions of this Interlocal Agreement or any part, clause or word, 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 Interlocal 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 Interlocal Agreement by any party hereto, each party shall bear its own costs and attorney's fees in connection with such proceeding. Section 7.07. Interlocal Agreement execution; Use of counterpart signature pages. This Interlocal 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 Interlocal Agreement shall become effective on the date first set forth above following its filing in the Office of the Clerk of the Circuit Court for Palm Beach County. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for Palm Beach County. (b) Recordation. The Palm Beach MPO hereby agrees to pay for any costs of filing of this Interlocal Agreement in the Office of the Circuit Court for Palm Beach County. The filed original, or any amendment, shall be returned to the Palm Beach MPO for filing in its records. FORM 525-010-01 POLICY PLANNING OGC-07H4 Page 11 of 12 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby re-establish and continue the above designated MPO. Signed, Sealed and Delivered in the presence of.- BOARD f:BOARD OF COUNTY COMMISSIONERS CITY OF GREENACRES OF PALM BEACH COUNTY, FLORIDA BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CITY OF BELLE GLADE BY: MAYOR ATTEST: CLERK CITY OF BOCA RATON BY: CLERK TOWN OF JUPITER BY: MAYOR ATTEST: CLERK CITY OF LAKE WORTH BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CITY OF BOYNTON BEACH BY: MAYOR ATTEST: CLERK CLERK CITY OF PALM BEACH GARDENS BY: MAYOR ATTEST: CLERK CITY OF DELRACY BY: FORM 525.010-01 POLICY PLANNING OGC-07/14 Page 12 of 12 VILLAGE OF PALM SPRINGS BY: MAYOR ATTEST: kj)v.._J� -'A).-'.j ATTEST: CLERK CLERK Approved as rm and 'legal sufficiency: By: J CITY OF RIVIE BEACH CI,TY OF WEST PALM BEACH BY: BY: MAYOR MAYOR ATTEST: CLERK VILLAGE OF ROYAL PALM BEACH BY: ATTEST: MAYOR CLERK VILLAGE OF WELLINGTON Im ATTEST: MAYOR CLERK ATTEST: CLERK PORT OF PALM BEACH BY: CHAIR ATTEST: EXECUTIVE DIRECTOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY RESOLUTION NO.39-15 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION TO INCLUDE A VOTING REPRESENTATIVE FOR THE VILLAGE OF PALM SPRINGS AND PERMANENT SEATS FOR THE CITY OF GREENACRES AND THE VILLA GE OF ROYAL PALM BEACH WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) is the agency that prioritizes transportation funding for all of Palm Beach County, and WHEREAS, The City, of Delray Beach, is a voting member of the Palm Beach Metropolitan Planning Organization {MPO) established through an Intetlocal Agreement; and WHEREAS, the Paltn Beach Metropolitan Planning Organization (MPO)has approved the expansion of its membership to provide a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach; and WHEREAS,all patties to the Interlocal Agreerj a.ent and the Governor must approve the addition of voting members to the Palm Beach Metropolitan Planning Organization. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THAT: Sectionl. The City of Delray Beach supports the expansion of the membership of the Palm Beach Metropolitan Planning Organization to include a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach. Section 2. The City of Delray Beach _authorizes the Mayor to sign. the Interlocal Agreement. Section 3. This resolution shall take effect immediately upon its adoption. i I f PASSED AND ADOPTED in regular session on this 711, day of July, 2015. MAYOR ATTEST: City Clerk i i i i 2 RLS.NO-39-15 7/14/2015 Coversheet dr" MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: June 24, 2015 SUBJECT: AGENDA ITEM 7.A. — REGULAR COMMISSION MEETING OF JULY 7, 2015 RESOLUTION NO. 39-15/INTERLOCAL AGREEMENT WITH MULTIPLE AGENCIES BACKGROUND The Palm Beach County Metropolitan Planning Organization (MPO) has requested that the City of Delray Beach execute the attached interlocal agreement to increase its membership to 21 members. This is an increase of two members to include the Village of Palm Springs as a new member and establish permanent seats for the City of Greenacres and the Village of Royal Palm Beach, which currently rotate a seat on an annual basis. The interlocal agreement implements this membership change. RECOMMENDATION Move approval of the resolution executing the interlocal agreement for the Palm Beach County Metropolitan Planning Organization (MPO). http://agendas.mydel raybeach.com/BI uesheet.aspx?Item ID=9331&M eeti nglD=571 1/1 PALM BEACH PRLM METROPOLITAN PLANNING ORGANIZATION BERCH MPG 2300 North Jog Road, 4th Floor, West Palm Beach, Florida 33411-2749 Phone; (561) 684-4170 Fax, (561) 242-7165 www.PamBeachMPO.org June 16, 2015 The Honorable Mayor Cary Glickstein City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Subject: Request to Execute the Interlocal Agreement for the Palm Beach Metropolitan Planning Organization (MPO) Dear Mayor Glickstein: The Palm Beach MPO Board is currently comprised of nineteen (19) elected officials in Palm Beach County and was most recently established through Interlocal Agreement signed in October 2004 by all jurisdictions that are represented on the MPO Board. In 2014, the Florida Legislature amended § 339.175(3), F.S. to increase the maximum number of apportioned members from nineteen (19) to twenty-five (25). At the July 17, 2014 MPO Board Meeting, the Palm Beach MPO approved the addition of two (2) members for a total of twenty-one (21) members. The membership changes include the addition of the Village of Palm Springs as a new member and permanent seats for the City of Greenacres and the Village of Royal Palm Beach (they currently rotate a seat on an annual basis). The enclosed Interlocal Agreement implements this membership change and was drafted by the Florida Department of Transportation to meet Federal and State requirements. Also enclosed is a sample resolution authorizing execution of the Agreement. We are asking you to schedule the execution of this Interlocal Agreement at your earliest convenience and return an executed copy to the MPO at the above address. After the Agreement is fully executed by all parties, copies will be distributed. Our target date for full execution of the Agreement is September 30, 2015. If you have any questions, please contact Elizabeth Requeny at (561) 684-4170 or erequeny@palmbeachmpo.org. Sincerely, Nick Uhren, P.E. Executive Director Enclosures: Interlocal Agreement Sample Resolution S:\ADMIN\Board&Committees\MPO Board\Administrative DocsUnterlocal Agreement\Drafts\LTR(MAYORS)PBMPO Interlocal Agreement,merge.doc FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 1 of 12 STATE OF 1+LOR1DA DLPA1C1 MLN 1 OF'FKAN SPOK1 A 110N INTERLOCAL AGREEMENT FOR CREATION OF THE METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT for the formation of a Metropolitan Planning Organization is made and entered into on this day of , by and between the FLORIDA DEPARTMENT 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, Palm Springs, Riviera Beach, Royal Palm Beach, Wellington and West Palm Beach; and the Port of Palm Beach; collectively known as "the parties," replaces the existing interlocal agreement for the creation of the Palm Beach Metropolitan Planning Organization made and entered into on October 13, 2004 and re-establishes and continues the Palm Beach Metropolitan Planning Organization. RECITALS WHEREAS, the federal government, under the authority of Title 23 United States Code (USC) §134 and Title 49 USC §5303, requires each metropolitan area, as a condition for 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; 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 systems,bicycle and pedestrian facilities, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305 and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; WHEREAS, pursuant to Titles 23 USC §134(d), 49 USC §5303, 23 CFR §450.310(b), and Section 339.175(2), F.S., a determination has been made by the Governor and units of general purpose local government representing at least 75 percent of the affected population (including the largest incorporated city, based on population as named by the Bureau of Census) in the Palm Beach County urbanized area to designate a Metropolitan Planning Organization; WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the metropolitan planning process as the Palm Beach MPO for the Palm Beach County urbanized area, herein after referred to as "the Metropolitan Planning Organization" or "the MPO". Further, the parties approved by majority vote an apportionment and boundary plan for presentation to the Governor on the 17th day of July, 2014, WHEREAS, pursuant to Section 339.175(4), F.S., the Governor approved the apportionment and boundary plan submitted by the MPO; WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the MPO, and the governmental entities and public transportation operators to identify the responsibility of each party for cooperatively carrying out a comprehensive transportation planning process; FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 2 of 12 WHEREAS, this Interlocal Agreement replaces the interlocal agreement that created the existing Palm Beach Metropolitan Planning Organization, and re-establishes and continues the Palm Beach MPO as provided herein, without lapse or interruption in its existence or effect; WHEREAS, this Interlocal Agreement is required to delineate the provisions for the continued operation of the Palm Beach MPO; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with Section 339.175(10), F.S.; WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with statutory requirements set forth in Section 163.01, F.S.,relating to Interlocal Agreements, and 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 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 Interlocal Agreement. Section 1.02. Definitions. The following words when used in this Interlocal Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: Interlocal Agreement means and refers to this instrument, as it may be amended from time to time. Department means and refers to the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23,F.S. FHWA means and refers to the Federal Highway Administration. FTA means and refers to the Federal Transit Administration. Long Range Transportation Plan (LRTP) is the 20-year transportation plan which includes transportation facilities; identifies 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 activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by Title 23 USC §134(c), Title 49 USC §5303, Title 23 CFR §450.322, and Section 339.175(7),F.S. Metropolitan Planning Area means and refers to the planning area determined by agreement between the MPO and the Governor for the urbanized area containing at least a population of 50,000 as described in Title 23 USC §134(b)(1), Title 49 USC §5303, and Section 339.175(2)(c) and (d), F.S., and including the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period, which shall be subject to the Metropolitan Planning Organization's planning authority. FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 3 of 12 MPO means and refers to the Metropolitan Planning Organization formed pursuant to this Interlocal Agreement as described in 23 USC §134(b)(2), 49 USC §5303, and Section 339.175(1), F.S. Transportation Improvement Program (TIP) is the staged multi-year program of transportation improvement projects developed by a Metropolitan Planning Organization consistent with the Long Range Transportation Plan, developed pursuant to 23 USC §1340), 49 USC §5303, 23 CFR §450.324 and Section 339.175(8), F.S. Unified Planning Work Program (UPWP) is the biennial program developed in cooperation with the Department and public transportation providers, that identifies the planning priorities and activities to be carried out within a metropolitan planning area to be undertaken during a 2-year period, together with a complete description thereof and an estimated budget, all as required by 23 CFR §450.308, and Section 339.175(9), F.S. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Interlocal Agreement is to replace the existing MPO Interlocal Agreement entered into on October 13, 2004 and re-establish and continue the Palm Beach MPO without interruption or lapse, and to recognize the boundary and apportionment approved by the Governor. This Interlocal Agreement shall serve: (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 planning area 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 a multi-modal and intermodal transportation system for the metropolitan planning 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 planning area in cooperation with the Department; (d) To assure eligibility for the receipt of federal capital and operating assistance pursuant to Title 23 USC §134 and Title 49 USC §§5303, 5304, 5305, 5307, 5309, 5310, 5311, 5314, 5326, 5337and 5339, 5340- and (e) To carry out the metropolitan transportation planning process, in cooperation with the Department, as required by federal, 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 parties to this Interlocal Agreement in the development of transportation-related plans and programs, including but not limited to: (a) The LRTP; (b) The TIP, FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 4 of 12 (c) The UPWP; (d) Incorporating performance goals, measures, and targets into the process of identifying and selecting needed transportation improvements and projects; (e) Administering a congestion management process for the metropolitan area and coordinated development of all other transportation management systems required by state or federal law; (f) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (g) Supporting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (h) Performing such other tasks required by state or federal law. Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans. Chapter 334, F.S., grants broad authority for the Department's role in transportation. Section 334.044, F.S., includes the legislative intent declaring 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, F.S., 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(5), F.S., specifies the authority and responsibility of the MPO and the Department to manage 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, F.S., the parties to this Interlocal Agreement acknowledge that decisions made by the MPO will be coordinated with the Department. All parties to this Interlocal Agreement acknowledge that actions taken pursuant to this Interlocal Agreement will be consistent with local government comprehensive plans to the maximum extent feasible. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan planning area as described in the membership apportionment plan approved by the Governor is hereby re-established and continued pursuant to this Interlocal 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 MPO. 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 Interlocal 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 Interlocal Agreement shall act as the policy-making body for the MPO, and will be responsible for coordinating the cooperative decision-malting process of the MPO's actions, and will tape required actions as the MPO. FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 5 of 12 Section 3.04. Data, reports, records, and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each other such data, reports, records, contracts, and other documents in its possession relating to the MPO as is requested. Charges are to be in accordance with Chapter 119, F.S. Section 3.05. Rights of review. All parties to this Interlocal Agreement and the affected federal funding agencies (e.g., FHWA, FTA, and FAA) shall have the rights of technical review and comment on MPO's projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governingboard. oard. (a) The membership of the MPO shall consist of 21 voting members and 1 non-voting advisor. FDOT shall serve as a non-voting advisor to the Palm Beach MPO governing board. 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 ollows: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 City of Greenacres 1 Town of Jupiter 1 City of Lake Worth 1 City of Palm Beach Gardens 1 Village of Palm Springs 1 City Riviera Beach 1 Village of Royal Palm Beach 1 Village of Wellington 1 City of West Palm Beach 2 Port of Palm Beach 1 Florida Department of Transportation 1 (Non-voting Advisor) (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) The voting membership of an MPO shall consist of not fewer than 5 or more than 25 apportioned members, the exact number to be determined on an equitable geographic-population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations and shall be in compliance with 339.175(3)F.S. FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 6 of 12 (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty days after notification by the Governor of its duty to appoint a representative, the appointment shall then be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in Section 339.175(5) and (6), F.S. Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority: (a) As provided in Section 339.175(6)(g), F.S., 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), F.S., the MPO may enter into contracts for the performance of service functions of public agencies; (c) As provided in Section 163.01(5)0), F.S., the MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) As provided in Section 163.01(5)(m), F.S., 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 all such powers and authority as specifically provided in Section 163.01 and Section 339.175(2)(b), (5) and (6), F.S., and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. In addition to those duties and responsibilities set forth in Article 2, the MPO shall have the following duties and responsibilities: (a) As provided in Section 339.175(6)(d), F.S., the MPO shall create and appoint a technical advisory committee; FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 7 of 12 (b) As provided in Section 339.175(6)(e), F.S., the MPO shall create and appoint a citizens' advisory committee; (c) As provided in Section 163.01(5)(o), F.S., the MPO shall be liable for any liabilities incurred by the MPO, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, the approval of settlements of claims by its governing board, or in any other manner agreed upon by the MPO. Nothing contained herein shall constitute a waiver by any party of its sovereign immunity or the provisions of section 768.28, F.S.; (d) As provided in Section 339.175(9), F.S., the MPO shall establish an estimated budget which shall operate on a fiscal year basis consistent with any requirements of the UPWP; (e) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by Title 23 CFR Parts 420 and 450, and Title 49 CFR Part 613, Subpart A, and consistent with Chapter 339, F.S., and other applicable state and local laws; (f) As provided in Section 339.175(10)(a), F.S., 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) Perform such other tasks presently or hereafter required by state or federal law; (h) Execute certifications and agreements necessary to comply with state or federal law; and (i) Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Funding. The Department shall allocate to the MPO for performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds consistent with the approved planning funds formula. 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 Interlocal Agreement. This shall be done in accordance with the requirements of Title 23 CFR Part 420, Subpart A, Title 49 CFR Part 18, Subpart C, and all other applicable state and federal regulations. Section 6.03. Record-keeping and document retention. The Department and the MPO shall prepare and retain all records in accordance with 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, F.S. Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public agency the party shall: FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 8 of 12 (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the party. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119,Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the party upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Interlocal Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Interlocal 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 Interlocal Agreement or any legal or administrative entity created or authorized by this Interlocal Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Interlocal AUeement. Amendments or modifications of this Interlocal Agreement may only be made with the same formalities as this Interlocal Agreement, by written agreement approved by a majority of the membership of the governing board and signed by two-thirds (2/3) of the member local governmental entities (10 of 15) and must include Palm Beach County and the largest incorporated city based on the population as named by the Bureau of Census. 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 Interlocal Agreement shall remain in effect until terminated. The agreement may be terminated by a majority of the parties, including Palm Beach County and the largest incorporated city based on the population as named by the Bureau of Census, to this interlocal Agreement. The Interlocal Agreement shall be reviewed by the parties at least every five years, concurrent with the decennial census, and/or concurrent with a new Federal Reauthorization bill, and updated as necessary. (b) Withdrawal procedure. Any party, except Palm Beach County and the City of West Palm Beach, the United States Bureau of the Census designated largest incorporated city, may withdraw from this Interlocal Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Interlocal Agreement and the MPO, at least 90 days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (]) 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 FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 9 of 12 to this Interlocal Agreement. The memorandum shall be filed in the Office of the Clerk of the Circuit Court of Palm Beach County; and (2) The MPO shall contact The Office of the Governor and the Governor, with the agreement of a majority of the remaining members of the MPO, shall determine whether any reapportionment of the membership is appropriate. The Governor and the MPO shall review the previous MPO designation, applicable federal, state and local law, and MPO rules for appropriate revision. In the event that another entity is to be afforded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to Title 23 CFR §450.310(1)(2), 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 Interlocal Agreement is afforded membership in the MPO, membership shall not become effective until this Interlocal 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 Interlocal 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 301 N. Olive Avenue, 11th Floor 110 W. Martin Luther King Boulevard West Palm Beach, FL 33401 Belle Glade, FL 33430 City of Boca Raton City of Boynton Beach 201 W. Palmetto Park Road 100 E. Boynton Beach Boulevard Boca Raton, FL 33432 Boynton Beach, FL 33435 City of Delray Beach City of Greenacres 100 NW First Avenue 5800 Melaleuca Lane Delray Beach, FL 33444 Greenacres, FL 33463 Town of Jupiter City of Lake Worth 210 Military Trail 7 N. Dixie Highway Jupiter, FL 33458 Lake Worth, FL 33460 City of Palm Beach Gardens Village of Palm Springs 10500 N. Military Trail 226 Cypress Lane Palm Beach Gardens, FL 33418 Palm Springs, FL 33461 City Riviera Beach Village of Royal Palm Beach 600 W. Blue Heron Boulevard 1050 Royal Palm Beach Boulevard Riviera Beach, FL 33404 Royal Palm Beach, FL 33411 Village of Wellington City of West Palm Beach 12300 Forest Hill Boulevard P.O. Box 3366 Wellington, FL 33414 West Palm Beach, FL 33402 Port of Palm Beach Florida Department of Transportation- District IV 1 E. 11 th Street, Suite 600 3400 W. Commercial Boulevard Riviera Beach, FL 33404 Ft. Lauderdale, FL 33309 FORM 525-010-01 POLICY PLANNING OGC—07/14 Page 10 of 12 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 the Interlocal 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 Interlocal Agreement and in choice of wording. Consequently, no provision should be more strongly construed against any party as drafter of this Interlocal Agreement. (b) Severability. Invalidation of any one of the provisions of this Interlocal Agreement or any part, clause or word, 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 Interlocal 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 Interlocal Agreement by any party hereto, each party shall bear its own costs and attorney's fees in connection with such proceeding. Section 7.07. Interlocal Agreement execution, Use of counterpart signature pages. This Interlocal 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 Interlocal Agreement shall become effective on the date first set forth above following its filing in the Office of the Clerk of the Circuit Court for Palm Beach County. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for Palm Beach County. (b) Recordation. The Palm Beach MPO hereby agrees to pay for any costs of filing of this Interlocal Agreement in the Office of the Circuit Court for Palm Beach County. The filed original, or any amendment, shall be returned to the Palm Beach MPO for filing in its records. FORM 525-010-01 POLICY PLANNING OGG—07/14 Page 11 of 12 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby re-establish and continue the above designated MPO. Signed, Sealed and Delivered in the presence of BOARD OF COUNTY COMMISSIONERS CITY OF GREENACRES OF PALM BEACH COUNTY, FLORIDA BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF BELLE GLADE TOWN OF JUPITER BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF BOCA RATON CITY OF LAKE WORTH BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF BOYNTON BEACH CITY OF PALM BEACH GARDENS BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK FORM 525-010-01 POLICY PLANNING OGC—07/14 Page 12 of 12 CITY OF DELRAY BEACH VILLAGE OF PALM SPRINGS BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF RIVIERA BEACH CITY OF WEST PALM BEACH BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK VILLAGE OF ROYAL PALM BEACH PORT OF PALM BEACH BY: BY: MAYOR CHAIR ATTEST: ATTEST: CLERK EXECUTIVE DIRECTOR VILLAGE OF WELLINGTON STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: MAYOR DISTRICT SECRETARY ATTEST: ATTEST: CLERK EXECUTIVE SECRETARY RESOLUTION NO. 39-15 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION TO INCLUDE A VOTING REPRESENTATIVE FOR THE VILLAGE OF PALM SPRINGS AND PERMANENT SEATS FOR THE CITY OF GREENACRES AND THE VILLAGE OF ROYAL PALM BEACH WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) is the agency that prioritizes transportation funding for all of Palm Beach County; and WHEREAS, The City of Delray Beach, is a voting member of the Palm Beach Metropolitan Planning Organization (MPO) established through an Interlocal Agreement; and WHEREAS, the Palm Beach Metropolitan Planning Organization (MPO) has approved the expansion of its membership to provide a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach; and WHEREAS, all parties to the Interlocal Agreement and the Governor must approve the addition of voting members to 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 City of Delray Beach supports the expansion of the membership of the Palm Beach Metropolitan Planning Organization to include a voting representative for the Village of Palm Springs and permanent seats for the City of Greenacres and the Village of Royal Palm Beach. Section 2. The City of Delray Beach authorizes the Mayor to sign the Interlocal Agreement. Section 3. This resolution shall take effect immediately upon its adoption PASSED AND ADOPTED in regular session on this 7th day of July, 2015. 1 RES. NO. 39-15 MAYOR ATTEST: City Clerk Approved as to Form and Legal Sufficiency City Attorney 2 RES. NO. 39-15