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Res 47-93 RESOLUTION NO. 47-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE LOCAL MEMBER ENTITIES AS NAMED THEREIN AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF CREATING AND ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE WEST PALM BEACH URBAN STUDY AREA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Governor of the State of Florida has approved the proposed membership plan for the Metropolitan Planning Organization of Palm Beach County, including the addition of MPO members from the City of Belle Glade and the Port of Palm Beach to the current membership; and, WHEREAS, the purpose of the Interlocal Agreement is to assure eligibility for the receipt of Federal funds and to implement and ensure a continuing, cooperative and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the Florida Department of Transportation; and, WHEREAS, each member agency must approve a resolution authorizing execution of the Interlocal Agreement. NOW, THEREFORE, BE IT ~SOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, does hereby authorize execution of the Interlocal Agreement between the local member entities and the Florida Department of Transportation, creating and establishing a Metropolitan Planning Organization (MPO) for the West Palm Beach Urban Study Area. Section 2. That the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the Interlocal Agreement for and on behalf of the City of Delray Beach, Florida. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular sessi, his the 28th day of September, 1993. ~,~~~.. ~ ~ ATTEST- City Clerk 1/18/94 TO: City Clerk c: City Manager, David Kovacs, Mayor Lynch METROPOLITAN PLANNING ORGANIZATION PALM BEACH COUNTY 160 Austrahan Avenoe SuKe 201 West Palm Beach Florida 33'~06 Tel r4.071684 4.170 RECEIVED JAN 1 8 1994 January 13, 1994 CITY COMMISSION Mayor Thomas E. Lynch City of Delray Beach 100 N.W. First Street Delray Beach, Florida 33444 RE: MPO Interlocal A§reement Dear Mayor Lynch: The execution of the Interlocal Agreement creating the Metropolitan Planning Organization of Palm Beach County has been completed. Enclosed is an executed copy of the agreement. Your assistance and that of your staff was greatly appreciated. We look forward to working with you in meeting the transportation needs of Palm Beach County. Sincerely, Randy M. Whitfield, P.E. Director RMW:pvn Enclosure RECEIVED Cl~/CLERK P.O. Box 21229, West Palm Beach, Florida 33416-1229 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - MEETING OF SEPTEMBER 28, 1993 RESOLUTION NO. 47-93/METROPOLITAN PLANNING ORGANIZATION INTERLOCAL AGREEMENT DATE: September 24, 1993 This is a resolution authorizing the execution of an interlocal agreement by and between local member entities and the Florida Department of Transportation for the purpose of creating and establishing a Metropolitan Planning Organization (MPO) for the West Palm Beach Urban Study Area. This action is as a result of the Governor's reapportionment of membership on the MPO based upon the results of the Census and the Intermodal Surface Transportation Efficiency Act. The purpose of the interlocal agreement is to assure eligibility for the receipt of Federal capital and operating assistance and to implement and ensure a continuing, cooperative, and comprehensive transportation planning process. Recommend approval of Resolution No. 47-93 and approval of the interlocal agreement which establishes a Metropolitan Planning Organization for the West Palm Beach Urban Study Area. £1TY OF OELIII:IY BEI:I£H CITY ATTORNEY'S OFFICE FACSIMlkE 407/278-4755 Writer' s Direct Line (407) 243-7091 MEMORANDUM DATE: September 16, 1993 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: MPO Interlocal Aqreement Attached please find a copy of the newly revised MPO Interlocal Agreement. I believe the Agreement is acceptable as to legal sufficiency at the current time. Paragraph 13 contains an indemnification clause, however, it is limited to the extent permitted by law. I have talked with the County Attorney regarding the indemnification in light of Florida Statute Section 768.2817, which you may recall states that a contract may not contain any provision that requires one party to indemnify or insure the other party for the other party's negligence or to assume any liability for the other party's negligence. The language, as drafted, does not require the MPO to indemnify the department or any of the departments liability, but only talks about the MPO's liability and, thus, I believe it avoids the dictates of the new law. The addition, if the "extent provided by law" language, should be sufficient to protect us, should the matter arise in the future and we need to argue otherwise. I have talked with the attorney for DOT, Karen Camron, who is not willing to change the Agreement as written. Therefore, it is appropriate that this Agreement and draft resolution be placed on the City Commission agenda for approval. SAR:ci Attachment cc Alison MacGregor Harty, City Clerk mpo2. sar ""--- and copy the City"I~taz~wg;: ~,.~ ~'raSl:m~ns~o Thanks. METROPOLITAN .PLANNING ORGANIZATION PALM BEACH COUNTY August 27 1993 ~1:'~ I O/ry.. ~r. ~av~d Harden, City C~ty of ~elr.ay ~each 100 ~orth~est [irst ~venue ~elray Beach, [lorida 33444. RI: gPO Interlocal ~reement .,. Bear ~r. ~arden: Oue to t~e Census and the Intermodal Surface lransportat~on [ff~ciency ~ct, the Governor has reapportioned membership on the ~PO. lhe ~PO is formed under Chapter 163, [.$., usin~ an interlocal a~reement. [ach member organization is a s~natory to the ~reement. lhe staff has previously transmitted an a~reement from the ~epartment of lransportation for rev~e~ and authorization to enter into the a~reement. the process, it ~as found recent state le~s]at~on modified some references the a~reement and chan~ed some of the specific language, lhe decision ~as made to chan~e the a~reement no~ rather than in the near future. ~ revised a~reement ~as recently completed by legal counsel from IDOl and the County and ~s enclosed. ~he content of the revised a~reement ~s essentially unchanged. If you-have previously authorized execution of the a~reement, please rev~e~ th~s version and ~ndicate your approval. ~hen all approvals have been received, the ~PO staff ~ill.arran~e a time to execute fifteen or~aal copies of the interlocal a~reement. ~ fully executed copy ~ill b~ provided to each party. ~e apologize for the delay and any confusion. If you haw any questions, please contact Sincerely, Randy M. Whitfi RECEIVED Director RMW:pvn [nclosure ~ 1/18/94 TO: City Clerk c: City Manager, David Kovacs, Mayor Lynch · ,~, ~, METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY 160 Austrahan Avenue SL. IIe 201 Wes~, Palm Beach gtor:da 33406 Tel !407~ 684 41 70 RECEIVED JAN 1 6 1994 ,January 13, 1994 C!TYCOMM1SSIC~ Mayor Thomas E. Lynch City of Delray Beach 100 N.W. First Street Delray Beach, Florida 33444 RE: MPO Interlocal A§reement Dear Mayor Lynch: The execution of the Interlocal Agreement creating the Metropolitan Planning Organization of Palm Beach County has been completed. Enclosed is an executed copy of the agreement. Your assistance and that of your staff was greatly appreciated. We look forward to working with you in meeting the transportation needs of Palm Beach County. Sincerely, Randy M. Whitfield, P.E. Director RMW:pvn Enclosure t~ECEIVED CII~{ CLEI2K P.O. Box 21229, West Palm Beach, Florida 33416-1229 WPI NO.: FUND: SAMAS APPROP.: FUNCTION: SAMAS OBJ: JOB NO.: FEDERAL NO.: ORG. CODE: CONTRACT NO.: VENDOR NO.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANNING JOINT PARTICIPATION AGREEMENT STANDARD INTERLOCAL AGREEMENT £' This INTERLOCAL AGREEMENT is made and entered into this ~.~ day of ?~5~t'~ifa, 19~, by and between PALM BEACH COUNTY, CITY OF BELLE GLADE, cITY 'OF BOCA RATON, CITY OF BOYNTON BEACH, CITY OF DELRAY BEACH, TOWN OF JUPITER, CITY OF LAKE WORTH, CITY OF PALM BEACH GARDENS, CITY OF RIVIERA BEACH, CITY OF WEST PALM BEACH, the PORT OF PALM BEACH, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and creates and establishes, a METROPOLITAN PLANNING ORGANIZATION for the West Palm Beach Urban Study Area, hereinafter called the MPO; WITNESSETH WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; and WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section 3(a) (2), 4(a), 5(g) (1), and 5(h) (1) of the Federal Transit Act [(49 U.S.C. 1602(a) (2), 1603(a) and 1604(g) (1) and (h) (1)], requires that each urbanized area, as a condition to the receipt of federal capital or operating assistance, have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the urbanized area, and stipulates that the State and the MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; and WHEREAS, Regulations of the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), 23 CFR 450 (hereinafter called the Rules), provide for the designation of MPOs by the Governor; and WHEREAS, Section 339.175 of the Florida Statutes provides for the creation, designation and apportionment of the MPOs consistent with the federal laws and rules identified above. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein the parties agree as follows: 1.00 PURPOSE The purpose of this Interlocal Agreement is to assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a) (2), 4(a), 5(g) (1), and 5(h) (1) of the Federal Transit Act [(49 U.S.C. 1602(a) (2), 1603(a), and 1604(g) (1) and (h) (1)], and to implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the Department. Chapter 334, Florida Statutes (F.S.), grants the broad authority for the Department's role in transportation. Section 334.044, F.S., evidences the legislative intent that the Department be responsible for coordinating the planning of a safe', viable and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, in conjunction with local governmental entities including, but not limited to, regional planning agencies for all Metropolitan Statistical Areas. Section 339.175, F.S., specifies the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensive transportation planning process for the urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, F.S., the Department and all parties to this Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, F.S., the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, are applicable to this Agreement and those parties shall take particular care that the planning processes and planning integrity of local governments as set forth in that Act as evidenced by the legislative intent expressed in Chapter 334 and 339, F.S., shall not be infringed upon. 2.00 THE PROJECT · 01 Established MPO - The "Project" is defined as the continuing, cooperative and comprehensive transportation planning process for the West Palm Beach Urban Study Area. .02 Pursuant to Federal, State and Local law - In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to undertake any Project hereunder, or to observe, assume, or carry out any of the provisions of the Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements and work toward the accomplishment and fulfillment of its objectives. .03 Submission of proceedings; contracts, and other documents - The MPO shall submit to the Department such data, reports, records, Page 2 of 9 contracts, and Other documents relating to the Project as the Department may require. .04 Riqhts of review - All parties to this agreement, and the affected Federal funding agency (i.e. FHWA, FTA and FAA) shall have the rights of technical review and comment of MPO projects. 3.00 COORDINATION AND AGREEMENT The designated MPO shall carry out transportation planning and programming activities as identified in the Agreement between the Department and the MPO. Urbanized areas, declared by the 1990 Census and designated by the Governor, may carry out those activities contained in this Agreement to meet Federal funding eligibility requirements for Federal planning purposes. Section 112 of 23 CFR 450, planning funds will be made available by agreement upon MPO Designation by the Governor. 4.00 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE .01 The voting membership of the MPO shall consist of seventeen (17) apportioned members. The Governor shall apportion total membership on the MPO from among Palm Beach County and the Cities of Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Lake Worth, Palm Beach Gardens, Riviera Beach, West Palm Beach and the Town of Jupiter on an equitable geographic population ratio. The voting membership shall also include the Port of Palm Beach. Ail voting members of the MPO shall be elected officials of Palm Beach County, the Cities and Towns and the Port of Palm Beach stated above with the number of representatives from each of these general purpose local governments to be determined by the geographical population ratio employed by the Governor in appointing the MPO. .02 The county commission members shall compose not less than one-third of the MPO membership, except for an MPO with more than 15 members located in a county with a five-member county commission or an MPO with 19 members located in a county with more than a six-member county commission, in which case county commission members may compose less than one-third of the MPO membership but all county commissioners must be members of the MPO. Ail voting members shall be elected officials of general purpose governments, except that the MPO may include, as part of its apportioned voting members, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. .03 In metropolitan areas in which authorities or other agencies have been or may be created by law to perform transportation functions that are not under the jurisdiction of a general-purpose local government represented on the MPO, those authorities or agencies shall be provided voting membership on the MPO. The county commission shall compose not less than 20 percent of the MPO Page 3 of 9 membership if an official of an agency that operates or administers a major mode of transportation has been appointed to an MPO. .04 The governmental entity designated shall appoint the appropriate number of members to the MPO from eligible officials. Representatives of the Department shall serve as non-voting members of the MPO. Non-voting advisers may be appointed by the MPO as deemed necessary. The Palm Beach County School Board shall provide a non-voting adviser to the MPO. .05 The term of office of members of the MPO shall be four (4) years. The membership of a member who is a public official automatically terminates upon his leaving his elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of a county or city governing entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be reappointed for one or more additional 4- year terms. 5.00 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations necessary to manage a continuing, cooperative, and comprehensive transportation planning process as specified in Section 339.175(4) and (5), F.S., and other sections or as incorporated in an interlocal agreement authorized under Section 163.01, F.S., and made a part hereof, including but not limited to, the following: .01 The MPO may employ personnel and/or may enter into contracts with local or state agencies to utilize the staff resources of local and/or state agencies (s. 339.175(5) (g), F.S.). .02 The MPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensive planned development of the area (ss. 339.175(9) (a), F.S.). .03 The MPO may enter into contracts (s. 163.01(14), F.S.). .04 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property (s. 163.01(5), F.S.). .05 The MPO may accept funds, grants, assistance, gifts or bequests from Local, State, and Federal resources (s. 163.01(5), F.S.). .06 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis as required by the Unified Planning Work Program (UPWP) . Page 4 of 9 .07 The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein - provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations (s. 163.01(5) and (a), F.S.). The MPO, in promulgating rules, policies, bylaws and procedures, shall coordinate with the Department to obtain its concurrence prior to MPO approval and implementation of such rules, policies, bylaws and procedures. .08 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S., and other applicable state and local laws. .09 Plans and programs developed by the MPO carrying out the urban transportation planning process shall be in compliance with Department procedures, Federal regulations and State laws. .10 The MPO shall appoint a technical advisory committee (s. 339.175(5) (d), F.S.) .11 The MPO shall appoint a citizens' advisory committee (s. 339.175(5) (e), F.S.) 6.00 CONTRACTS OF THE MPO Ail contractual agreements must be approved by the affected federal funding agency and the Department. Except as otherwise authorized in writing by the Department, and the affected Federal funding agency where State or Federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, YTA, or FAA, as appropriate. Subletting of consultant(s) contracts involving funds administered by FHWA shall be in accordance with the requirements of 23 CFR and all other applicable Federal Regulations which by reference hereto are made part of this Agreement. ?.00 INVENTORY REPORT .01 The MPO agrees to inventory, to maintain records of and to insure the proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this agreement. This shall be done in accordance with the requirements of 23 CFR and all other applicable Federal Regulations. The MPO shall make all records and necessary information readily available to the Department in order for the Department to conduct a review of and determine the accuracy of the MPO inventories, property control information, and its compliance with the requirements of 23 CFR and all other applicable Federal Regulations. Page 5 of 9 .02 The Department will maintain all records in accordance with the Federal-Aid Policy Guide, 23 CFR 17, "Record Keeping and Retention Requirements for Federal-Aid Highway, Records of State Highway Agencies". 8.00 MISCELLANEOUS PROVISION .01 How Contract Affected by Provisions Beinq Held Invalid - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. .02 State or Territorial Law - Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the MPO will at once notify the Department in order that appropriate changes and modifications may be made by the Department and MPO to the end that the MPO may proceed as soon as possible with the Project. 9.00 EXECUTION OF AGREEMENT This Interlocal Agreement may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 10.00 CONSTITUTIONAL OR STATUTORY DUTIES AND RESPONSIBILITIES OF THE PARTIES TO THE AGREEMENT This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. 11.00 DURATION OF AGREEMENT AND WITHDRAWAL PROCEDURE This Agreement shall remain in effect until terminated by the parties to the Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least 30 days prior to the intended date of withdrawal. Page 6 of 9 12.00 AMENDMENT OF AGREEMENT Amendments to or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement and shall not be effective until it is filed with the Clerk of Circuit Court of each county where a party hereto is located pursuant to Section 163.01(11), F.S. 13.00 INDEMNIFICATION To the extent permitted by law, the MPO agrees that it will indemnify and hold harmless the Department from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the MPO during the performance of the contract, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except the MPO will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of the Department or any of its officers, agents, or employees. 14.00 CONFIRMATION OF AGREEMENT The Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. Review of this Agreement shall occur whenever an MPO Reapportionment Plan is developed for approval by the Governor pursuant to his/her procedure for MPO Reapportionment. 15.00 AGREEMENT FORMAT Ail words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 16.00 EFFECTIVE DATE This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk of the Circuit Court of each county where a party to the Agreement is located. Page 7 of 9 IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their behalf ~ hereby establish the above designated MPO this _. ~ ~ day of~/~--/~',/:~' , 19~. BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER OF PALM BEACH COUNTY, FLORIDA ~ ~'' ...: ~ " OUN~U DEPUTY CLERK :o,"- ~ 8~4 ¢o,, COU T ~ CLERK CITY ~TON CITY OF P~ BE~CH GRRDENS BY: ~'/ ~/ ~ ATTEST: ATTEStS'p{- >' CITY OF BOYNTON BEACH CITY OF RIVIE~ BEACH CITY OF DELRAY BEACH CITY OF WEST PALM BEACH ~ CLERK ~0~50.h (I,h CLERK Page 8 of 9 PORT OF PALM BEACH CH~fR / Y ' ATTEST: ~~ EXECUTIVE DIREc~ro~ ~-- STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT SECRETARY Approved as to Form: Florida Department of Transportation ATTORNEY Page 9 of 9 [lTV OF DELflFIV BER[H M-mc~ 199~ CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached is a true and correct copy of Resolution No. 47-93 as the same was passed and adopted in regular session by the City Commission of the City of Delray Beach, Florida, on the 28th day of September, 1993. IN.WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 30th day of September, 1993. Barbara Garito Acting City Clerk City of Delray Beach, Florida SEAL THE EFFORT ALWAYS MATTERS RESOLUTION NO. 47-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE LOCAL MEMBER ENTITIES AS NAMED THEREIN AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF CREATING AND ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE WEST PALM BEACH URBAN STUDY AREA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Governor of the State of Florida has approved the proposed membership plan for the Metropolitan Planning Organization of Palm Beach County, including the addition of MPO members from the City of Belle Glade and the Port of Palm Beach to the current membership; and, WHEREAS, the purpose of the Interlocal Agreement is to assure eligibility for the receipt of Federal funds and to implement and ensure a continuing, cooperative and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the Florida Department of Transportation; and, WHEREAS, each member agency must approve a resolution authorizing execution of the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, does hereby authorize execution of the Interlocal Agreement between the local member entities and the Florida Department of Transportation, creating and establishing a Metropolitan Planning Organization (MPO) for the West Palm Beach Urban Study Area. Section 2. That the Mayor, with the attestation of the City 'Clerk, be, and they are hereby authorized to execute the Interlocal Agreement for and on behalf of the City of Delray Beach, Florida. Section. 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular sessi~j~t~his the 28th day of September, 1993. ~~ MAY ATTEST- City Clerk DF DELRFI¥ BEFICH September 30,1993 199~ Metropolitan Planning Organization of Palm Beach County Randy M. Whitfield, PE, Director P. O. Box 21229 West Palm Beach, Florida 33416-1229 Dear Mr. Whitfield, Enclosed please find a certified copy of Resolution No. 47-93 authorizing the execution of an interlocal agreement by and between the local member entities as named therein and the Florida Department of Transportation for the purpose of creating and establishing a Metropolitan Planning Organization for the West Palm Beach Urban Study Area, as passed and adopted by the City Commission of the City of Delray Beach, Florida, in regular session on September 28, 1993. If you have any questions please do not hesitate to contact me at 407/243-7050. Sincerely, Barbara Garito Acting City Clerk bg Enclosures T~,E EFFOR:F ALWAYS MATTERS MEMORANDUM TO: Susan A. Ruby, City Attorney FROM: Alison MacGregor Harty, City Clerk~~ SUBJECT: MPO Interlocal Agreement and Draft Resolution No. 47-93 DATE: September 7, 1993 Attached is new correspondence relating to' the MPO Interlocal Agreement as it has been revised. We first looked at this back in May, 1993. A copy of your comments, together with a draft of the authorizing resolution, is attached. The last note I have in my pending file is to hold until your office advises otherwise (6/15/93). Please advise, if the agreement is now acceptable and if we should schedule for Commission action. Thank you. AMH/m Attachments cc: David T. Harden, City Manager David Kovacs, Director of Planning & Zoning ~' ~/1/93 To: Alison MacGregor Harty. Please follow-up on this ~'~- and copy the City Manager with your response. Thanks. METROPOLITAN PLANNING ORGANIZATION (sk for DTH) PALM BEACH COUNTY August 27, 1993 Hr. David Harden, City Hanager City of Delray Beach ]00 Northwest First Avenue Belray Beach, Florida 33444 RE: MPO Interlocal Agreement Dear Mr. Harden: Due to the Census and the Intermodal Surface Transportation Efficiency Act, the Governor has reapportioned membership on the MPO. The MPO is formed under Chapter 163, F.S., using an interlocal agreement. Each member organization is a signatory to the Agreement. The staff has previously transmitted an agreement from the Department of Transportation for review and authorization to enter into the agreement. During the process, it was found recent state legislation modified some references in the agreement and changed some of the specific language. The decision was made to change the agreement now rather than in the near future. A revised agreement was recently completed by legal counsel from FDOT and the County and is enclosed. The content of the revised agreement is essentially unchanged. If you have previously authorized execution of the agreement, please review this version and indicate your approval. When all approvals have been received, the MPO staff will arrange a time to execute fifteen original copies of the interlocal agreement. A fully executed copy will be provided to each party. We apologize for the delay and any confusion. If you have any questions, please contact me. Sincerely, 1 Randy M. Wh~tfi RECEIVED / Director ~ [ 6;,1~,~ RMW:pvn Enclosure C TY CLERK Draft resolution for Interlocal Agreement/MPO; scheduled for 5/25/93 regular meeting agenda: RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAy BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE LOCAL MEMBER ENTITIES AS NAMED THEREIN AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF CREATING AND ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE WEST PALM BEACH URBAN STUDY AREA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Governor of the State of Florida has approved the proposed membership plan for the Metropolitan Planning Organization of Palm Beach County, including the addition of MPO members from the City of Belle Glade and the Port of Palm Beach to the current membership; and, WHEREAS, the purpose of the Interlocal Agreement is to assure eligibility for the receipt of Federal funds and to implement and ensure a continuing, cooperative and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the Florida Department of Transportation; and, WHEREAS, each member agency must approve a resolution authorizing execution of the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach, Florida, does hereby authorize execution of the Interlocal Agreement between the local member entities and the Florida Department of Transportation, creating and establishing a Metropolitan Planning Organization (MPO) for the West Palm Beach Urban Study Area. Section 2. That the Mayor, with the attestation of the City Clerk, be, and they are hereby authorized to execute the Interlocal Agreement for and on behalf of the City of Delray Beach, Florida. Section 3. That this resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 25th day of May, 1993. M A Y 0 R ATTEST: City Clerk £1Tqd' DF DELHfl',' BEfl£H CITY ATTORNEY'S OFFICE TO: Alison MacGregor Harty, City Clerk ~.,,~ DATE: May 13, 1993 SUBJECT: ~ Interl~al A~r~nt ~d Draft Resolution I have reviewed the draft resolution and the MPO Interlocal Agreement and make the following comments: 1. The indemnification clause in paragraph 13.00 requires the MPO to indemnify not only the Department but third parties. Section 10, Article 7 of the State Constitution prohibits governmental entities from pledging their credit to indemnify third parties. The language that is written appears to require the MPO to not only indemnify the Department and its officers, agents and employees, but also any person or property to which the Department or said parties may be subject. The only exemption to the indemnification is the sole negligence of the Department, its officers, agents and employees. 2. The Interlocal Agreement states in paragraph 5.01 that the MPO shall have all powers as set forth in Section 339.175(2)(b), Florida Statutes, and other sections and as authorized in Section 163.01, Florida Statutes, which is made a part hereof. Section 163.01 sets forth the Florida Interlocal Cooperation Act which requires in subsection 11 that prior to the effectiveness of an interlocal agreement the interlocal agreement and subsequent amendments shall be filed with the clerk of the circuit court of each county where a party to the agreement is located. This agreement does not contain this provision and it would be my recommendation that it should. 3. Also it should be noted that under paragraph 5.00 et seq., that not only the items listed here would be conferred powers on the MPO. Florida Statutes 163.01 et seq. also permits bond anticipation notes and eminent domain among other powers. 4. Another paragraph to review is paragraph 11 which permits an entity to withdraw with 90 days notice but requires that financial commitments made prior to withdrawal are effective and binding for their Alison MacGregor Harty, City Clerk May 13, 1993 Page 2 full term and amount regardless of withdrawal. This financial commitment should be reviewed prior to entering into this agreement. The res_olution_i~in acceptable form. If you have any questions, please SAR/lrd ~ cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning Greg Luttrell, Traffic Engineer TO: KOVACS DAVID Planning & Zoning - Director RUBY DELRAYCH Ruby, Susan - City Attorney HARTY DELRAYCH Harty, Alison - City Clerk FROM: LUTTREGL DELRAYCH Luttrell, Gregroy - Planning & Zoning DATE: MAY 11, 1993 Alison, Same comments as Dave. Pretty standard agreement. Looks ok. Greg Alison: Re MPO INTERLOCAL AGREEMENT/DRAFT RESOLUTION No bi from my view - a simple consent item. No changes here. (In & Luttrell) MEMORANDUM TO: Susan A. Ruby, City Attorney David J. Kovacs, Director of Planning and Zoning Greg Luttrell, Traffic Engineer FROM: Alison MacGregor Harty, City Clerk~ SUBJECT: MPO Interlocal Agreement/Draft Resolution DATE: May 11, 1993 Attached for your review is a copy of the MPO Interlocal Agreement between member agencies and FDOT. A resolution authorizing execution of the agreement is required; a draft is attached. This item is tentatively scheduled for the Commission's May 25th agenda. Please review the agreement and the draft resolution, and let me know if you have any comments or changes. Thank you. AMH/m Attachments 5/7/93 c: City 'Manager May 4, 1993 RE VED ? 1995 The Honorable Thomas E. Lynch, Mayor CiTY COMMISSION City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33444 RE: MPO Interlocal Agreement Dear Mayor Lynch: The Governor has given approval to the proposed membership plan for the Metropolitan Planning Organization of Palm Beach County. This Plan includes the addition of MPO members from the City of Belle Glade and the Port of Palm Beach to the current membership. The MPO is created through execution of an interlocal agreement between the local member entities and the Florida Department of Transportation. The staff recently received the suggested language for this agreement from the DOT. Enclosed is a copy of the proposed agreement. Each member agency must approve a resolution authorizing execution of the interlocal agreement. When these resolutions have been received from all parties to the agreement, a set of master original copies will be executed and filed with the Clerk of Courts. Following this action, an organizational meeting of the MPO will be held to include the new members and conclude the transition to the expanded MPO. The staff is hoping to hold this meeting in June. If you have any questions, please contact me. Sincerely, Randy M. Whitfield, P.E. Director RMW:pvn Enclosure cc: Vice-Mayor Ken Ellingsworth, MPO Member P.O. Box 21229, West Palm Beach, Florida 33416-1229 WPI NO.: FUND: SAMAS APPROP.: FUNCTION: SAMAS OBJ: JOB NO.: FEDERAL NO.: ORG. CODE: CONTRACT NO.: VENDOR NO.: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PLANNING JOINT PARTICIPATION AGREEMENT STANDARD INTE~AGREEMENT This INTERLOCAL AGREEMENT is made and entered into this day of_ , 19__, by and between PALM BEACH COUNTY, CITY OF BELLE GLADE, CITY OF BOCA RATON, CITY OF BOYNTON BEACH, CITY OF DELRAY BEACH, TOWN OF JUPITER, CITY OF LAKE WORTH, CITY OF PALM BEACH GARDENS, CITY OF RIVIERA BEACH, CITY OF WEST PALM BEACH, the PORT OF PALM BEACH, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and creates and establishes, a METROPOLITAN PLANNING ORGANIZATION for the West Palm Beach Urban Study Area, hereinafter called the MPO; WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other facilities will be properly located and developed in relation to the overall plan of community development; and WHEREAS, the Federal Government, under the authority Of 23 U.S.C. 134 and Section 3(a) (2), 4(a), 5(g)(1), and 5(h) (1) of the Federal Transit Act [(49 U.S.C. 1602(a) (2), 1603(a) and 1604(g) (1) and (h) (1)], requires that each urbanized area, as a condition to the receipt of federal capital or operating assistance, have a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs consistent with the comprehensively planned development of the urbanized area, and stipulates that the State and the MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such transportation planning; and WHEREAS, Regulations of the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA), 23 CFR 450 (hereinafter called the Rules), provide for the designation of MPOs by the Governor; and WHEREAS, Chapter 339.175 of the Florida Statutes provides for the creation, designation and apportionment of the MPOs consistent with the federal laws and rules identified above. NOW, THEREFORE, in cOnsideration of the mutual covenants, promises, and representation herein the parties agree as follows: 1.00 PURPOSE The purpose of this Interlocal Agreement is to assure eligibility for the receipt of Federal capital and operating assistance pursuant to 23 U.S.C. 134 and Sections 3(a) (2), 4(a) , 5(g) (1) , and 5(h) (1) of the Federal Transit Act [(49 U.S.C. 1602(a) (2), 1603(a), and 1604(g) (1) and (h) (1)], and to implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of the affected urbanized area in cooperation with the Department. Chapter 334, Florida Statutes (F.S.), grants the broad authority for the Department's role in transportation. Section 334.044, F.S., evidences the legislative intent that the Department be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, in conjunction with local governmental entities including, but not limited to, regional planning agencies for all Metropolitan Statistical Areas. Section 339.175, F.S., specifies the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensive transportation planning process for the urbanized area. In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339, F.S., the Department and all parties to this Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, F.S., the Local Government Comprehensive Planning and Land Development Regulation Act, as amended, are applicable to this Agreement and those parties shall take particular care that the planning processes and planning integrity of local governments as set forth in that Act as evidenced by the legislative intent expressed in Chapter 334 and 339, F.S., shall not be infringed upon. Z.O0 Tl~ PROJECT .01 Established MPO - The "Project" is defined as the continuing, cooperative and comprehensive transportation planning process for the West Palm Beach Urban Study Area. .02 Pursuant to Federal, State and Local law - In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to undertake any Project hereunder, or to observe, assume, or carry out any of the provisions of the Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and requirements and work toward the accomplishment and fulfillment of its objectives. .03 Submission of proceedings; contracts, and other documents - The MPO shall submit to the Department such data, reports, records, Page 2 of 9 .04 Rights of review - Ail parties to this agreement, and the affected Federal funding agency (i.e. FHWA, FTA and FAA) shall have the rights of technical review and comment of MPO projects. 3.00 COORDIN~TIONANDA~REEI~T The designated MPO shall carry out transportation planning and programming activities as identified in the Agreement between the Department and the MPO. Urbanized areas, declared by the 1990 Census and designated by the Governor, may carry out those activities contained in this Agreement to meet Federal funding eligibility requirements for Federal planning purposes. Section 112 planning funds will be made available by agreement upon MPO Designation by the Governor. 4.00 COMPOSITION; MEMBERSHIP; TERMB OF OFFICE .01 The voting membership of the MPO shall consist of not less than five (5) nor more than eighteen (18) apportioned members. The Governor shall apportion total membership on the MPO from among Palm Beach County and the Cities of Belle Glade, Boca Raton, Delray Beach, Lake Worth, Palm Beach Gardens, Riviera Beach, West Palm Beach and the Town of Jupiter on an equitable geographic population ratio. Ail voting members of the MPO shall be elected officials of Palm Beach County and the Cities and Towns stated above with the number of representatives from each of these general purpose local governments to be determined by the geographical population ratio employed by the Governor in appointing the MPO. .02 The county commission members shall be composed of not less than 33 1/3 percent of the MPO membership, except for an MPO with more than 15 members located in a county with a five-member county commission, in which case county commission members may compose less than 33 1/3 percent of the MPO membership but all five county commissioners shall be members of the MPO. Ail voting members shall be elected officials of general purpose governments, except that any local governing entity which has two or more members on the MPO may appoint, as one of its apportioned voting members, a member of a statutorily authorized planning board or transportation, expressway, aviation, or port authority. .03 In urbanized areas in which authorities or other agencies have been, or may be created by law to'perform transportation functions that are not under the jurisdiction of local elected officials, they may be considered by the Governor for one voting membership on the MPO. Provided, however, in urbanized areas in which authorities or other agencies have been, or may be, created by law to perform public transit functions that receive financial assistance or grants from the State, said authorities or agencies shall have one voting membership on the MPO. Said member shall be an elected official appointed by the respective authority or other agency performing public transit functions or where there is more than one public transit agency in the urbanized area, the member Page 3 of 9 shall be elected by vote of the transit agencies. The county commission shall compose not less than 25 percent of the MPO membership when a public transit representative has been appointed. .04 The government entity designated shall appoint the appropriate number of members to the MPO from eligible officials. Representatives of the Department shall serve as non-voting members of the MPO. The Palm Beach County School Board shall provide a non-voting adviser to the MPO. .05 The term of office of members of the Metropolitan Planning Organization shall be four (4) years. .06 Appointments to the MPO shall be made by each of the parties to this agreement within sixty (60) days after the notification by the Governor of the duty of each governing body to make such appointments. If any governing body fails to fill an assigned appointment to the MPO within such sixty (60) day period, the appointment shall be made by the Governor from eligible representatives of the appropriate governing body. 5.00 POWERS, RE~PON~IBILITIE~ AND OBLIC, ATION~ .01 The MPO shall have all powers, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations as specified in Section 339.175(2) (b), F.S., and other sections and as authorized in Section 163.01, F.S., and made a part hereof, including, but not limited to, the following: .02 The MPO may employ personnel and, pursuant to contract, it may utilize the staff resources of local and/or state agencies (s. 339.175(19), F.S.). .03 The MPO shall enter into agreements with the Department, operators of public mass transportation services and the metropolitan and regional intergovernmental coordination and review agencies serving the urbanized area. These agreements will prescribe the cooperative manner in which the transportation planning process will be accomplished (ss. 339.175(12), (13) and (14), F.S.). .04 The MPO may enter into contracts (s. 163.01(14), F.S.). .05 The MPO may acquire, own, operate, maintain, sell, or lease real and personal property (s. 163.01(5), F.S.). .06 The MPO may accept funds, grants, assistance, gifts or bequests from LoCal, State, and Federal resources (s. 163.01(5), F.S.). .07 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis as required by the Unified Planning Work Program (UPWP) . Page 4 of 9 .08 The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein - provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations (s. 163.01(5) and (a), F.S.). The MPO, in promulgating rules, policies, bylaws and procedures, shall coordinate with the Department to obtain its concurrence prior to MPO approval and implementation of such rules, policies, bylaws and procedures. .09 The MPO, in cooperation with the Department, shall carry out the urban transportation planning process as required by Title 23 of the Code of Federal Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S., and other applicable state and local laws. .10 Plans and programs developed by the MPO carrying out the urban transportation 'planning process shall be in compliance with Department procedures, Federal regulations and State laws. 6.00 C'O~PI'RAC~B OF TWR ~ Ail contractual agreements must be approved by the affected federal funding agency and the Department. Except as otherwise authorized in writing by the Department, and the affected Federal funding agency where State or Federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, FTA, or FAA, as appropriate. Subletting of consultant(s) contracts involving funds administered by FHWA shall be in accordance with the requirements of 23 CFR and all other applicable Federal Regulations which by reference hereto are made part of this Agreement. 7.00 INVENTORY REPORT · 01 The MPO agrees to inventory, to maintain records of and to insure the proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this agreement. This shall be done in accordance with the requirements of 23 CFR and all other applicable Federal Regulations. The MPO shall make all records and necessary information readily available to the Department in order for the Department to conduct a review of and determine the accuracy of the MPO inventories, property control information, and its compliance with the requirements of 23 CFR and all other applicable Federal Regulations. .02 The DePartment will maintain all records in accordance with the Federal-Aid Policy Guide, 23 CFR 17, "Record Keeping and Retention Requirements for Federal-Aid Highway, Records of State Highway Agencies". 8.00 MISCELLANEOUS PROVISION Page 5 of 9 .01 How Contract Affected by Provisions Beinq Held Invalid - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. .0z State or Territorial Law - Nothing in the Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the MPO will at once notify the Department in order that appropriate changes and modifications may be made by the Department and MPO to the end that the MPO may proceed as soon as possible with the Project. 9.00 EXECUTION OF AGREEIJ]~FF This Interlocal Agreement may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. ~0.00CONSTITUTIONAL OR ~TATUTORY DUTIE~ AND RESPONSIBILITIE~ OF THE PARTIES TO T~GR~E~ENT This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. ~.00DURATION OF AGREF~E~T~%NDWITHDR~AL PROCEDURE This Agreement shall remain in effect until terminated by the parties to the Agreement. Any party may withdraw from said Agreement after presenting in written form a notice of intent to withdraw to the other parties, at least 90 days prior to the intended date of withdrawal, provided, however, that financial commitments made prior to withdrawal are effective and binding for their full term and amount regardless of withdrawal. 12.00A.t~END)[B~qTOF ~GREE~B~ Amendments to or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement and shall not be effective until it is filed with the Clerk of Circuit Court of each county where a party hereto is located pursuant to Section 163.01(11), F.S. Page 6 of 9 13.00 ~NDEMNIF~CAT~ON The MPO agrees that it will indemnify and hold harmless the Department and all of the Department's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the MPO during the performance of the contract, whether direct or indirect, and whether to any person or property to which the Department or said parties may be subject, except the MPO will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Department or any of its officers, agents, or employees. 14.00 CONFIRNl%TION OF AGRE~ The Agreement shall be reviewed by the MPO and the Department to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. Review of this Agreement shall occur whenever an MPO Reapportionment Plan is developed for approval by the Governor pursuant to his/her procedure for MPO Reapportionment. 15.00 AGREEMENT FORM/%T Ail words used herein in the singular form shall extend to and include the plural. Ail words used in the plural form shall extend to and include the singular. Ail words used in any gender shall extend to and include all genders. 16.00 EFFECTIVE DATE This Agreement shall become effective upon execution by all parties hereto and filing with the Clerk of the Circuit Court of each county where a party to the Agreement is located. Page 7 of 9 IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their behalf and hereby establish the above designated MPO this day of , 19__. BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER OF PALM BEACH COUNTY, FLORIDA BY: BY: CHA I R MAYOR ATTEST: ATTEST: DEPUTY CLERK CLERK CITY OF BELLE GLADE CITY OF LAKE WORTH BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF BOCA BATON CITY OF PALM BEACH GARDENS BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF BOYNTON BEACH CITY OF RIVIERA BEACH BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK CLERK CITY OF DELRAY BEACH CITY OF WEST PALM BEACH BY: BY: MAYOR MAYOR ATTEST: ATTEST: CLERK ~, CLERK Page 8 of 9 PORT OF PALM BEACH BY: CHAIR ATTEST: EXECUTIVE DIRECTOR STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY Approved as to Form: Florida Department of Transportation BY: ATTORNEY Page 9 of 9