Agenda 01/13/2015 Item #16A21 1/13/2015 16.A.21.
EXECUTIVE SUMMARY
Recommendation to approve the Amended and Restated Interlocal Agreement for Creation of the
Collier Metropolitan Planning Organization(MPO).
OBJECTIVE: To obtain Board of County Commissioners' (Board) approval of the Amended
and Restated Interlocal Agreement for Creation of the Collier MPO.
CONSIDERATIONS: The Amended and Restated Interlocal Agreement for Creation of the
Collier MPO (Interlocal) is an agreement between the Florida Department of Transportation
(FDOT), Collier County, the City of Marco Island, the City of Naples and Everglades City
(collectively, the "Parties"). The Parties originally entered into the Interlocal in June 1999; and
the agreement has been amended and restated as recently as 2005. The Parties to the Interlocal
desire to continue to collectively participate in the metropolitan planning process as the Collier
MPO for the Bonita Springs / Naples urbanized area and have been approved as to their
apportionment and responsibilities by the Governor of Florida. The attached Interlocal
supersedes and supplants the May 10, 2005 Interlocal and upon approval by all the Parties will
become the sole and controlling agreement between the parties by establishing the Collier MPO,
its responsibilities and reaffirming its membership.
The Everglades City-City Council executed the Interlocal on August 27,2014,the Marco Island
/'1 City Council executed the Interlocal on September 8, 2014 and the Naples City Council executed
the Interlocal on November 21, 2014. The FDOT requested to be the last agency to execute the
Interlocal
The Interlocal Agreement was drafted consistent with an FDOT MPO format document and
approved by the MPO prior to being sent to the agencies for execution.
FISCAL IMPACT: There is no fiscal impact associated with this Resolution.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.—SRT
GROWTH MANAGEMENT IMPACT: This request is consistent with Collier County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the Interlocal and
Agreement and authorizes it Chairman to sign the agreement.
Prepared By: Lorraine Lantz, Collier MPO Principal Planner
Attachments: The Amended and Restated Interlocal Agreement for Creation of the Collier MPO
(Interlocal)
Packet Page-561-
1/13/2015 16.A.21 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to approve the Amended and Restated Interlocal
Agreement for Creation of the Collier Metropolitan Planning Organization (MPO).
Meeting Date: 12/9/2014
Prepared By
Name: LantzLorraine
Title: Planner,Principal,MPO
9/19/2014 3:09:17 PM
Submitted by
Title: Planner,Principal,MPO
Name: LantzLorraine
9/19/2014 3:09:18 PM
Approved By
Name: AyerLucilla
Title:Executive Director-MPO,MPO
Date: 9/19/2014 3:59:40 PM
Name: LynchDiane
Title:Supervisor-Operations,Road Maintenance
Date: 9/22/2014 1:54:51 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 9/22/2014 3:44:08 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 9/22/2014 5:51:28 PM
Name: HerreraGloria
Packet Page-562-
1/13/2015 16.A.21 .
Title: Management/Budget Analyst,Transportation Administration
Date: 9/23/2014 9:10:48 AM
Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 9/23/2014 10:54:24 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/24/2014 11:04:13 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/30/2014 9:10:53 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/30/2014 10:43:48 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 10/3/2014 1:43:48 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/3/2014 9:13:42 AM
Packet Page-563-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC-03/13
Page 1 of 15
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR CREATION OF THE
COLLIER METROPOLITAN PLANNING ORGANIZATION
THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT("Agreement") is made and
entered into on this day of , 2014 by and between the FLORIDA
DEPARTMENT OF TRANSPORTATION; COLLIER COUNTY; the CITY OF MARCO ISLAND; the
CITY OF NAPLES; and EVERGLADES CITY, collectively known as"the parties."
RECITALS
WHEREAS, on May 10, 2005, the parties entered into an agreement entitled "State of Florida
Department of Transportation Amended and Restated Interlocal Agreement for the Creation of the Collier
Metropolitan Planning Organization;"and
WHEREAS, the parties hereto wish to amend and restate that agreement by utilizing the current
standard form MPO document from the State of Florida Department of Transportation; and
WHEREAS,pursuant to a letter to the Collier Metropolitan Planning Organization Chairman dated
September 5, 2013, the Governor agreed to reaffirm the MPO's Board Membership as set forth in this
Agreement; and
WHEREAS, it is the intent of the parties that this Agreement supersede and supplant the May 10,
2005 Amended and Restated Interlocal Agreement, and that this Agreement be the sole and controlling
agreement between the parties with respect to the subject matter herein; and
WHEREAS,the federal government,under the authority of Title 23 United States Code (U.S.C.) §
134 and Title 49 U.S.C. § 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; and
WHEREAS,the parties to this 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;
and
WHEREAS, Title 23 U.S.C. § 134 and Title 49 U.S.C. §§ 5303-5305, as amended by the Moving
Ahead for Progress in the 21't Century Act(MAP-21)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; and
WHEREAS,pursuant to Titles 23 U.S.C. § I34(d),49 U.S.C. § 5303,23 C.F.R. §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 urbanized area to designate a Metropolitan
Planning Organization; and
Packet Pare -564-
1/13/2015 16.A.21 .
FORM 525010-01
POLICY PLANNING
OGC—03/13
Page 2 of 15
WHEREAS, pursuant to this Agreement, the parties wish to collectively participate in the
metropolitan planning process as the Collier MPO for the Bonita Springs/Naples urbanized area,herein after
referred to as"the Metropolitan Planning Organization"or"the MPO;"and
WHEREAS, the parties approved by unanimous vote an apportionment and boundary plan for
presentation to the Governor on the 12th day of April, 2013; and
WHEREAS,pursuant to Section 339.175(4),F.S.,the Governor,by letter dated September 5, 2013,
approved the apportionment and boundary plan submitted by the MPO; and
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; and
WHEREAS, this Agreement is required to create the Metropolitan Planning Organization and
delineate the provisions for operation of the MPO; and
WHEREAS,the undersigned parties have determined that this Agreement is consistent with Section
339.175(10), F.S.; and
WHEREAS,the undersigned parties have determined that this Agreement is consistent with statutory —
requirements set forth in Section 163.01,F.S.,relating to Interlocal Agreements.
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 Agreement.
Section 1.02. Definitions. The following words when used in this Agreement(unless the context
shall clearly indicate the contrary)shall have the following meanings:
Agreement means and refers to this instrument, as 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.
Packet Page -565-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC-03113
Pape 3 01 15
Long Range Transportation Plan (LRTP) is the 20-year transportation planning horizon 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 U.S.C. § 134(c),Title 49 U.S.C. §5303,Title
23 C.F.R. § 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 U.S.C. § 134(b)(7), Title 49 U.S.C. § 5303(b)(7), 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.
MPO means and refers to the Collier Metropolitan Planning Organization originally formed as the
Collier County Metropolitan Planning Organization pursuant to an interlocal agreement dated June
28, 1999 and superseded by an amended and restated interlocal agreement dated May 10,2005 now
superseded by this Agreement and as described in 23 U.S.C. § 134(b)(2),49 U.S.C. § 5303(b)(2),
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 U.S.C. § 134(j), 49 U.S.C. § 5303(j), 23
C.F.R. § 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
C.F.R. § 450.308, and Section 339.175(9),F.S.
ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Agreement is to update and restate the Amended
and Restated Interlocal Agreement for Creation of the Collier Metropolitan Planning Organization,whose
ongoing mission includes:
(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;
Packet Page-566-
1/13/2015 16.A.21 .
FORM 525-010-01
•• POLICY PLANNING
OGC—03/13
Page 4 of 15 '.Ns
(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 U.S.C. § 134 and Title 49 U.S.C. §§ 5303, 5304, 5305, 5307, 5309, 5310, 5311, 5314,
5326, 5337and 5339, 5340, and any other applicable statutes;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 Agreement in the
development of transportation-related plans and programs, including but not limited to:
(a) The LRTP;
(b) The TIP;
(c) The UPWP;
(d) Incorporating performance goals,measures, and targets into the process of identifying and
selecting needed transportation improvements and projects;
(e) 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 Agreement acknowledge that decisions made by the MPO will be coordinated
a�
Packet Page-567-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC-03113
Pape 5 of 15
with the Department. All parties to this Agreement acknowledge that actions taken pursuant to this
Agreement will be consistent with local government comprehensive plans.
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 created and established pursuant to
this 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 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
Agreement, the MPO will, to the extent of its legal capacity, comply with all applicable laws and
requirements.
Section 3.03. Governing board to act as policy-making body of MPO. The governing board established
pursuant to Section 4.01 of this Agreement shall 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.
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 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 nine(9)voting members and one(1)non-voting
advisor. 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:
Collier County Board of County Commissioners 5 Voting
City of Naples 2 Voting
City of Marco Island 1 Voting
Everglades City 1 Voting
Florida Department of Transportation 1 Non-voting
(b) All voting representatives shall be elected officials of general purpose local governments,
except to the extent that the MPO includes, as part of its apportioned voting membership, a
member of a statutorily authorized planning board or an official of an agency that operates or
Packet Page -568-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC—03/13
Page 6 of 15
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 a MPO shall consist of not fewer than 5 or more than 19
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.
(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:
provided in Section 339.175
(a) As
p 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
a
Packet Page -569-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC—03/13
.--
Page 7 of 15
(f) The MPO shall have such powers and authority as specifically provided in Section 163.01
and Section 339.175(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;
(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 membership shall be jointly and severally
liable for liabilities, and the MPO may respond to such liabilities through the purchase of
insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of
settlements of claims by its governing board;
(d) As provided in Section 339.175(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 C.F.R. Parts 420 and 450, and Title 49 C.F.R.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(10Xa), 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
Packet Page -570-
1/13/2015 16.A.21 .
FORM 525-010-01
POUCY PLANNING
OGC—03/13
Page B of 15
under this Agreement. This shall be done in accordance with the requirements of Title 23 C.F.R. Part
420, Subpart A, Title 49 C.F.R. Part 18, Subpart C, and all other applicable federal regulations.
Section 6.03. Record-keeping and document retention. The Department and the MPO shall prepare
and retain all records in accordance with federal and state requirements,including but not limited to 23
C.F.R. Part 420, Subpart A, 49 C.F.R. Part 18, Subpart C,49 C.F.R. §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:
(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 Iaw.
(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 the contract 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 Agreement shall
not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties.
In addition,this Agreement does not relieve any of the parties of an obligation or responsibility imposed
upon them by law, except to the extent of actual and timely performance thereof by one or more of the
parties to this Agreement or any legal or administrative entity created or authorized by this Agreement,in
which case this performance may be offered in satisfaction of the obligation or responsibility.
Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only
be made by written agreement signed by all parties here to with the same formalities as this Agreement.
No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by
the Governor.
Section 7.03. Duration; withdrawal procedure.
(a) Duration. This Agreement shall remain in effect until terminated by the parties to this
Agreement. The Agreement shall be reviewed by the parties at least every five years,
Packet Page -571-
1/13/2015 16.A.21 .
FORM 525-010.01
POLICY PLANNING
OGC—03113
Page 9of15
concurrent with the decennial census,and/or concurrent with a new Federal Reauthorization
bill, and updated as necessary.
(b) Withdrawal procedure. Any party,except the Collier County Board of County Commissioners
and the United States Bureau of the Census designated largest incorporated city,may withdraw
from this Agreement after presenting in written form a notice of intent to withdraw to the
other parties to this Agreement and the MPO, at least 90 days prior to the intended date of
withdrawal. Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall execute a memorandum reflecting the
withdrawal of the member and alteration of the list of member governments that are
signatories to this Agreement. The memorandum shall be filed in the Office of the Clerk of
the Circuit Court of each county in which a party hereto is located; and
(2) The MPO shall contact The Office of the Governor and the Governor,with the agreement
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 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 Agreement is afforded
membership in the MPO, membership shall not become effective until this Agreement is
amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notices, demands and correspondence required or provided for under
this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
prepaid,return receipt requested. Notice required to be given shall be addressed as follows:
Board of County Commission Chairperson
Collier County Board of County Commission
3299 East Tamiami Trail, 3rd Floor
Naples, FL 34112
City Manager
City of Naples
735 Eighth Street, South
Naples, FL 34102
City Manager
City of Marco Island
50 Bald Eagle Drive
Marco Island, FL 34145
Mayor
Everglades City
102 Broadway Avenue East
Everglades City,FL 33929
Packet Page -572-
1/13/2015 16.A.21 .
FORM 525-010-01
POUCY PLANNING
OGC-03113
Page 10 01 15
District Secretary
Florida Department of Transportation
District One
801 North Broadway Avenue
Bartow,FL 33831
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 Agreement. The Department and the members of the MPO were each
represented by or afforded the opportunity for representation by legal counsel and participated
in the drafting of this Agreement and in choice of wording. Consequently,no provision should
be more strongly construed against any party as drafter of this Agreement.
(b) Severability. Invalidation of any one of the provisions of this Agreement or any part,clause or
word, or the application thereof in specific circumstances, by judgment, court order, or
administrative hearing or order shall not affect any other provisions or applications in other
circumstances,all of which shall remain in full force and effect;provided,that such remainder
would then continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement,the following rules of construction shall
apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender;and
(3) The word"shall"is mandatory,and"may"is permissive.
Section 7.06. Enforcement by parties hereto. In the event of any judicial or administrative action to
enforce or interpret this Agreement by any party hereto, each party shall bear its own costs and
attorney's fees in connection with such proceeding.
Section 7.07. Agreement execution;Use of counterpart signature pages. This Agreement,and any
amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to be an original,and such counterparts together shall constitute one and the
same instrument.
Section 7.08. Effective date; Cost of recordation.
(a) Effective date. This Agreement shall become effective upon its filing in the Office of the
Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment
Packet Page-573-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC-03113
Pape 11 015
hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court
for each county in which a party hereto is located.
(b) Recordation. The Collier MPO hereby agrees to pay for any costs of recordation or filing of
this Agreement in the Office of the Circuit Court for each county in which a party is hereto
located. The recorded or filed original, or any amendment, shall be returned to the Collier
MPO for filing in its records.
Section 7.09. Previous agreement superseded. Upon execution by all parties and recordation of this
Agreement as specified in Section 7.08(b),this Agreement shall supersede and replace the May 10,
2005 Agreement identified in the Recitals.
IN WITNESS WHEREOF,the undersigned parties have executed this Agreement on behalf
of the referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
[Every member of the MPO shall sign this Agreement with the appropriate witnesses]
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
ATTEST: By:
Name: Name: Tom Henning, Chairman
Title: Date:
Date:
A oved as to form an legality:
ibler L____
Scott R. each
DEPUTY COUNTY ATTORNEY
C)
Packet Page -574-
1/13/2015 16.A.21.
FORM 525-010-01
POLICY PLANNING
OGC—03/13
Page 12 of 15
IN WITNESS WHEREOF,the undersigned parties have executed this Agreement on behalf of
the referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
[Every member of the MPO shall sign this Agreement with the appropriate witnesses]
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST: By:
Name: Name: Billy Hattaway
Title: Title: District Secretary
Date: Date:
Reviewed:
District Counsel
Date:
f-A)
Packet Page-575-
1/13/2015 16.A.21 .
FOINsao,00,
POLICY Pumas
pees lawns
IN WITNESS WHEREOF,the undersigned parties have executed this Agreement on behalf of the
referenced legal entities and hereby establish the above designated MPO.
Signed,Sealed and Delivered in the presence of
[Every member of the AIM shall sign this Agreement with the appropriate witnesses)
MARCO ISLAND CITY COUNCIL
7/1/4 11
Or
Name: Laura M. Litzan Name: Kenneth E. Honecker
Title: City Clerk Chairman
Tina
Date: aft/8/14 Uate. 9/8/14
/ `
Revi Burl L. Saunders
-/t##,-";/ /
Marco island ity Counsel
Date: 5 � � g' �z7
Packet Page -576-
1/13/2015 16.A.21 .
FORM 525-010-01
POLICY PLANNING
OGC—03f13
Pepe 14 of 15
IN WITNESS WHEREOF,the undersigned parties have executed this Agreement on behalf of the
referenced legal entities and hereby establish the above designated MPO.
Signed, Sealed and Delivered in the presence of:
[Every member of the MPO shall sign this Agreement with the appropriate witnesses]
NAPLES CITY COUNCIL
ATTEST
Name: - At+t%rt`a L•_/i�a• boS/ Name: (../U�
Title: (c (ter(< Title: / ?47,,7
Date: //1,Q JI f L( Date:
Reviewed:
()AT
City of Naples Counsel
Date:
Packet Page -577-
®
1/13/2015 16.A.21 .
TOM 13601001
POUCY PUNNING
we—Dans
pep Isar is
IN WITNESS WHEREOF,the undersigned parties have executed this Agreement on behalf of the
referenced legal entities and hereby establish the above designated MPO.
Signed,Sealed and Delivered in the presence of
[Every member of the MPO shall sign this Agreement with the appropriate witnesses]
EVERGLADES CITY-CITY COUNCIL
ATTES . By .1) )0t, (i -)(1 ))10 I L• ,H111)1
• •
Name: cL'4; L LL(- _
Name:
Title: C .' / -
5/ci Title:
Date: JLV. J Date: 3 7- / y
Reviewed:
City of Everglades Counsel
Date:
_
Packet Page-578-