Agenda 10/14/2014 Item # 16A22 10/14/2014 16.A.22.
EXECUTIVE SUMMARY
Recommendation to approve a multi agency agreement to cooperatively coordinate
transportation planning efforts via the Intergovernmental Coordination and Review -
Public Transportation Coordination Joint Participation Agreement (ICAR).
OBJECTIVE: To obtain Board of County Commissioners' (Board) approval of the
Intergovernmental Coordination and Review - Public Transportation Coordination Joint
Participation Agreement(ICAR).
CONSIDERATIONS: The Intergovernmental Coordination and Review- Public Transportation
Coordination Joint Participation Agreement (ICAR) is an agreement between the Florida
Department of Transportation (FDOT), the Collier MPO, the Southwest Florida Regional
Planning Council (SWFRPC), the City of Naples Airport Authority, the Collier County Airport
Authority and Collier Area Transit (the latter two both operated under the Collier County Board
of County Commissioners). The ICAR was entered into in 2006 and is now being updated.
The ICAR establishes that the parties will cooperatively coordinate their efforts related to the
transportation planning process and 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. As a method to achieve this, the parties are provided
membership on the MPO's Technical Advisory Committee (TAC). The SWFRPC executed the
ICAR on September 18, 2014, the MPO is expected to execute the ICAR on October 10, 2014,
the City of Naples Airport Authority is expected to execute the ICAR in the near future and
FDOT has requested that it be the last agency to execute the ICAR.
The ICAR Agreement was drafted based on FDOT format procedural 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 ICAR
Agreement and authorizes its Chairman to sign it after final County Attorney review.
Prepared by: Lorraine Lantz, Collier MPO Principal Planner
Attachment: The Intergovernmental Coordination and Review - Public Transportation
Coordination Joint Participation Agreement(ICAR)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to approve a multi agency agreement to cooperatively
coordinate transportation planning efforts via the Intergovernmental Coordination and Review
- Public Transportation Coordination Joint Participation Agreement (ICAR).
Meeting Date: 10/14/2014
Prepared By
Name: LantzLorraine
Title: Planner,Principal, MPO
9/19/2014 3:23:52 PM
Submitted by
Title: Planner, Principal, MPO
Name: LantzLorraine
9/19/2014 3:23:54 PM
Approved By
Name: AyerLucilla
Title: Executive Director-MPO,MPO
Date: 9/19/2014 4:00:02 PM
Name: LynchDiane
Title: Supervisor-Operations, Road Maintenance
Date: 9/22/2014 1:56:28 PM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 9/22/2014 3:45:31 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 9/22/2014 5:51:42 PM
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Name: HerreraGloria
Title: Management/Budget Analyst,Transportation Administration
Date: 9/23/2014 9:12:24 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 9/23/2014 10:54:32 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 9/24/2014 11:11:36 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/26/2014 11:26:45 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/26/2014 2:06:06 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 10/2/2014 4:50:24 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/6/2014 2:40:50 PM
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2023,163,186 504.186 505, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-01
186 509
Chapter 9 FAC FS INTERGOVERNMENTAL COORDINATION AND REVIEW POLICY PLANNING"090
Chapter 29 FAC
23 USC 134 1�7-�
AND
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CFR 450
PUBLIC TRANSPORTATION COORDINATION
JOINT PARTICIPATION AGREEMENT
THIS JOINT PARTICIPATION AGREEMENT is made and entered into this day
of , 2014 by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the
COLLIER METROPOLITAN PLANNING ORGANIZATION (hereinafter "Collier MPO"); the
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL; the COLLIER COUNTY AIRPORT
AUTHORITY, a political subdivision of Collier County, Florida, whose governing body is the Collier
County Board of County Commissioners); COLLIER AREA TRANSIT (hereinafter, "CAT," operated
by the Collier County Board of County Commissioners); and the CITY OF NAPLES AIRPORT
AUTHORITY (hereinafter collectively, the "Parties").
RECITALS
WHEREAS, on August 3, 2006, the Parties entered into an agreement entitled "State of Florida
Department of Transportation Intergovernmental Coordination and Review and Public Transportation
Coordination Joint Participation Agreement" and recorded on August 3, 2006 in Official Records Book
4083, Page 1100 and filed with the Clerk of the Circuit Court of Collier County, Florida; and
WHEREAS, the Parties hereto wish to restate that agreement by utilizing the current standard form
MPO document from the State of Florida Department of Transportation; and
WHEREAS, it is the intent of the Parties that this Agreement supercede and supplant the August 3,
2006 State of Florida Department of Transportation Intergovernmental Coordination and Review and
Public Transportation Coordination Joint Participation 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 of the United States Code
(U.S.C.) and any subsequent applicable amendments thereto, requires each metropolitan area, as a
condition to the receipt of federal capital or operating assistance, to have a continuingi;-cooperative, and
comprehensive transportation planning process in designated metropolitan areas to develop and
implement plans and programs consistent with the comprehensively planned development of the
metropolitan area; and
WHEREAS, 23 U.S.C. § 134, and Section 339.175, Florida Statutes, provide for the creation of
metropolitan planning organizations to develop transportation plans and programs for metropolitan areas;
WHEREAS, Title 23 of the Code of Federal Regulations (C.F.R.) § 450.314 requires that the State,
the Metropolitan Planning Organization, and the operators of publicly owned transportation systems shall
enter into an agreement clearly identifying the responsibilities for cooperatively carrying out such
transportation planning (including corridor and subarea studies pursuant to 23 C.F.R. § 450.212 and §
450.318) and programming; and
WHEREAS, pursuant to Section 20.23, Florida Statutes, the Department has been created by the
State of Florida, and the Department has the powers and duties relating to transportation. all as outlined
in Section 334.044. Florida Statutes: and
WHEREAS. pursuant to 23 U.S.C. § 134. 49 U.S.C. § 5303. 23 C.F.R. § 450.310. and Section
339.175(2), Florida Statutes. the Collier MPO has been designated and its membership apportioned by
the Governor of the State of Florida. with the agreement of the affected units of general purpose local
government, to organize and establish the Metropolitan Planning Organization; and
WHEREAS. pursuant to an Amended and Restated interlocal Agreement for Creation of the Collier
Metropolitan Planning Organization executed on May 10. 2005. and recorded on May 11. 2005 in ('.:,
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Official Records Book 3796, Page 0729-0744 and filed with the Clerk of the Circuit Court of Collier
County, Florida, the Collier MPO was established; and
WHEREAS, pursuant to Chapter 69-1326, Laws of Florida, the City of Naples Airport Authority
was created and established with the purpose of operating, developing and improving the Naples
Municipal Airport; and
WHEREAS, pursuant to Collier County Ordinance Number 2010-10, as amended, the Collier
County Airport Authority was created and established with the purpose of overseeing the development
and management of Collier County's three publically-owned general aviation airports and is governed by
the Collier County Board of County Commissioners; and
WHEREAS, the Collier County Board of County Commissioners authorized the establishment of
Collier Area Transit (CAT), which began providing transit services in February 2001 is currently
managed through the County's Alternative Transportation Modes Department; and
WHEREAS, pursuant to Section 339.175(10)(a)2., Florida Statutes, the Collier MPO shall execute
and maintain an agreement with the metropolitan and regional intergovernmental coordination and
review agencies serving the Metropolitan Area; and
WHEREAS, that aforesaid agreement must describe the means by which activities will be
coordinated and specify how transportation planning and programming will be part of the
comprehensively planned development of the Metropolitan Area; and
WHEREAS, pursuant to Section 186.504, Florida Statutes, and Chapter 29 Rules 29I-1.001 and 291-
5, Florida Administrative Code (F.A.C.), the Southwest Florida Regional Planning Council was
established and operates with a primary purpose of intergovernmental coordination and review; and
WHEREAS, pursuant to Section 186.505(24), FS, the Southwest Florida Regional Planning Council
is to review plans of metropolitan planning organizations to identify inconsistencies between those
agencies' plans and applicable local government comprehensive plans adopted pursuant to Chapter 163,
Florida Statutes; and
WHEREAS, the Southwest Florida Regional Planning Council, pursuant to Section 186.507, FS, is
required to prepare a Strategic Regional Policy Plan, which will contain regional goals and policies that
address regional transportation issues; and
WHEREAS, based on the Southwest Florida Regional Planning Council's statutory mandate to
identify inconsistencies between plans of metropolitan planning organizations and applicable local
government comprehensive plans, and to prepare and adopt a Strategic Regional Policy Plan, the
Southwest Florida Regional Planning Council is appropriately situated to assist in the intergovernmental
coordination of the intermodal transportation planning process; and
WHEREAS, pursuant to Section 186.509, FS, and Chapter 29 Rule 29I-7, FAC, the Southwest
Florida Regional Planning Council has adopted a conflict and dispute resolution process; and
WHEREAS, the purpose of the dispute resolution process is to reconcile differences in planning and
growth management issues between local governments,regional agencies, and private interests; and
WHEREAS. the Parties hereto have determined that the voluntary dispute resolution process is
useful in the process of resolving conflicts and disputes arising in the transportation planning process;
and
WHEREAS, pursuant to 23 C.F.R. § 450.314 and Section 339.175(10)(a)3. Florida Statutes, the
ColIi;r MPO must execute and maintain an agreement with the operators of public transportation !C`r,,
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systems, including transit systems, commuter rail systems, airports, and seaports, describing the means
by which activities will be coordinated and specifying how public transit, commuter rail, aviation, and
seaport planning (including corridor and subarea studies pursuant to 23 C.F.R. §§ 450.212 and 450.318)
and programming will be part of the comprehensively planned development of the Metropolitan Area;
and
WHEREAS, it is in the public interest that the Collier MPO, operators of public transportation
systems, including transit systems, commuter rail systems, port and aviation authorities, jointly pledge
their intention to cooperatively participate in the planning and programming of transportation
improvements within this Metropolitan Area; and
WHEREAS, the undersigned Parties have determined that this Agreement satisfies the requirements
of and is consistent with 23 C.F.R. § 450.314 and Section 339.175(10), Florida Statutes; 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, rail systems, air transportation and other facilities will be properly
located and developed in relation to the overall plan of community development.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representation herein,
the Parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. Recitals. Each and all of the foregoing recitals are hereby incorporated herein
and acknowledged to be true and correct. Failure of any of the foregoing recitals to be true and correct
shall not operate to invalidate this Agreement.
Section 1.02. Definitions. The following words when used in this Agreement (unless the context
shall clearly indicate the contrary) shall have the following meanings:
Agreement means and refers to this instrument, as amended from time to time.
Corridor or Subarea Study shall mean and refer to studies involving major investment decisions or
as other identified in 23 C.F.R. § 450.318.
Department shall mean and refer to the Florida Department of Transportation, an agency of the State
of Florida, created pursuant to Section 20.23, Florida Statutes.
FHWA means and refers to the Federal Highway Administration.
Long Range Transportation Plan is at a minimum a 20-year plan which: identifies transportation
facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses
capital improvements necessary to preserve the existing metropolitan transportation system and make
efficient use of existing transportation facilities; indicates proposed transportation enhancement
activities: and, in ozone/carbon monoxide nonattainment areas, is coordinated with the State
Implementation Plan. all as required by 23 U.S.C. § 134(i), 23 C.F.R. § 450.322, Section 339.175(7),
Florida Statutes.
Metropolitan Area means and refers to the planning area as determined by agreement between the
Collier MPO and the Governor in the urbanized areas designated by the United States Bureau of the
Census as described in 23 U.S.C. § 134(b)(1) and Section 339.175, FS. which shall be subject to the
Collier MPO's planning authority.
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MPO means and refers to the metropolitan planning organization formed pursuant to Interlocal
Agreement dated May 10, 2005 as amended or superseded from time to time.
Regional Planning Council means and refers to the Southwest Florida Regional Planning Council
created pursuant to Section 186.504, Florida Statutes, and identified in Chapter 29 Rule 29I-1.001,
F.A.C.
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 and developed pursuant to title 23 U.S.C. § 134(j), 49 U.S.C. § 5304, 23
C.F.R. § 450.324 and Section 339.175(8), Florida Statutes.
Unified Planning Work Program is a biennial program developed in cooperation with the
Department and public transportation providers,that lists all planning tasks to be undertaken during a two
year time frame, with a complete description thereof and an estimated budget, all as required by 23
C.F.R. § 450.308, and Section 339.175(9), Florida Statutes.
ARTICLE 2
PURPOSE
Section 2.01. Coordination with public transit operators. As set forth in Article 3 of this
Agreement, the purpose of this Agreement is to provide for cooperation with the Department, CAT, the
City of Naples Airport Authority and the Collier County Airport Authority in the development and
preparation of the Unified Planning Work Program, the Transportation Improvement Program, the Long-
Range Transportation Plan, and any applicable Corridor or Subarea Studies.
Section 102. intergovernmental coordination: Regional Planning Council. As set forth in
Article 4 of this Agreement, the purpose of this Agreement is to provide a process through the Southwest
Florida Regional Planning Council for intergovernmental coordination and review and identification of
inconsistencies between proposed Collier MPO transportation plans and local government
comprehensive plans adopted pursuant to Chapter 163, Florida Statutes, and approved by the Florida
Department of Economic Opportunity.
Section 2.03. Dispute resolution. As set forth in Article 5 of this Agreement, the purpose of
this Agreement is to provide a process for conflict and dispute resolution through the Southwest Florida
Regional Planning Council.
ARTICLE 3
COOPERATIVE PROCEDURES FOR PLANNING AND PROGRAMMING
WITH OPERATORS OF PUBLIC TRANSPORTATION SYSTEMS
Section 3.01. Cooperation with operators of public transportation systems: coordination with
local government approved comprehensive plans.
(a) The Collier MPO shall cooperate with CAT, the City of Naples Airport Authority, and the Collier
County Airport Authority to optimize the planning and programming of an integrated and balanced
intermodal transportation system for the Metropolitan Area.
(h) The Collier MPO shall implement a continuing, cooperative and comprehensive transportation
planning process that is consistent. to the maximum extent feasible, with port and aviation master plans,
and public transit development plans of the units of local governments whose boundaries are within the
Metropolitan Area.
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(c) As a means towards achievement of the goals in paragraphs (a) and (b), and in an effort to
coordinate intermodal transportation planning and programming, the Collier MPO may include as part of
its membership, officials of agencies that administer or operate major modes or systems of transportation,
including but not limited to transit operators, sponsors of major local airports, maritime ports and rail
operators. The representative of the major modes or systems of transportation may be accorded voting or
non-voting advisor status. In the Metropolitan Area, if authorities or agencies have been or may be
created by law to perform transportation functions and that are not under the jurisdiction of a general
purpose local government represented on the Collier MPO, the Metropolitan Planning Organization shall
request the Governor to designate said authority or agency as a voting member of the MPO in accordance
with the requirements of Section 339.175, Florida Statutes. If the new member would alter local
government representation in the Collier MPO, the Collier MPO shall propose a revised apportionment
plan to the Governor to ensure voting membership on the Metropolitan Planning Organization to an
elected official representing public transit authorities which have been, or may be, created by law.
(d) The Collier MPO shall ensure that representatives of transit and airports within the Metropolitan
Area are provided membership on the Collier MPO's Technical Advisory Committee.
Section 3.02. Preparation of transportation related plans.
(a) Although the adoption or approval of the Unified Planning Work Program, the Transportation
Improvement Program, and the Long-Range Transportation Plan is the responsibility of the Collier MPO,
development of such plans or programs shall be viewed as a cooperative effort involving the Department,
CAT, the City of Naples Airport Authority, and Collier County Airport Authority. In developing its
plans and programs, the Collier MPO shall solicit the comments and recommendations of the Parties to
this Agreement in the preparation of such plans and programs.
(b) At the commencement of the process of preparing the Unified Planning Work Program, the
Transportation Improvement Program, or the Long-Range Transportation Plan, or preparing other than a
minor amendment thereto (as determined by the Collier MPO), the Collier MPO shall extend notice to
the Department, CAT, the City of Naples Airport Authority, and Collier County Airport Authority
advising the scope of the work to be undertaken and inviting comment and participation in the
development process. The Collier MPO shall ensure that the chief operating officials of the Department,
CAT, the City of Naples Airport Authority, and Collier County Airport Authority shall receive
approximate 15 days written formal notice of all public workshops and hearings relating to the
development of such plans and programs. It is stipulated by the Parties to this Agreement that the failure
by the Collier MPO to properly extend written or other notice shall not invalidate, or be lodged as a claim
to invalidate, the adoption of the aforementioned plans and programs.
(c) Local government comprehensive plans.
(1) In developing the Transportation Improvement Program, Long-Range Transportation Plan, or a
Corridor or Subarea Studies, or preparing other than a minor amendment thereto (as detei_uiined by the
Collier MPO), the Collier MPO. CAT. the City of Naples Airport Authority. and the Collier County
Airport Authority shall analyze for each local government in the Metro Area: (i) the comprehensive plan
future land use elements; (ii) the goals, objectives, and policies of the comprehensive plans; and (iii) the
zoning, of each local governments in the Metropolitan Area. Based upon the foregoing review and a
consideration of other growth management factors. the Collier MPO, CAT. the City of Naples Airport
Authority. and the Collier County Airport Authority, shall provide written recommendations to local
governments in the Metropolitan Area in the development. amendment, and implementation of their
comprehensive plans. A copy of the recommendations shall be sent to the Southwest Florida Regional
Planning, Council
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(2) The Collier MPO agrees that, to the maximum extent feasible, the Long-Range Transportation
Plan and the project and project phases within the Transportation Improvement Program shall be
consistent with the future land use element and goals, objectives and policies of the comprehensive plans
of local government in the Metropolitan Area. If the Collier MPO's Transportation Improvement
Program is inconsistent with a local government comprehensive plan, the Collier MPO shall so indicate,
and the Collier MPO shall present, as part of the Transportation Improvement Program,justification for
including the project in the program.
(d) Multi-modal transportation agency plans.
(1) In developing the Transportation Improvement Program, Long-Range Transportation Plan, or a
Corridor or Subarea Studies, or preparing other than a minor amendment thereto (as determined by the
Metropolitan Planning Organization, the Collier MPO shall analyze the affected: master plans of CAT,
the City of Naples Airport Authority and the Collier County Airport Authority. Based upon the
foregoing review and a consideration of other transportation-related factors, the Collier MPO shall from
time to time and as appropriate, provide recommendations to the Parties to this Agreement as well as
local governments within the Metropolitan Area, for the development, amendment, and implementation
of their master, development or comprehensive plans.
(2) In developing or revising their respective master or development plans, the Parties to this
Agreement shall analyze the draft or approved Unified Planning Work Program, Transportation
Improvement Program, Long-Range Transportation Plan, or Corridor and Subarea Studies or
amendments thereto. Based upon the foregoing review and a consideration of other transportation-related
factors, the Parties to this Agreement shall from time to time and as appropriate, provide written
recommendations to the Collier MPO with regard to development, amendment, and implementation of
the plans,programs and studies.
(3) The Collier MPO agrees that, to the maximum extent feasible, the Transportation Improvement
Program shall be consistent with the affected master plans and development plans of the Parties to this
Agreement.
(e) By letter agreement to be executed by the Collier MPO and the affected transit and Airport
providers represented by Collier MPO members, the Collier MPO and the affected agency or authority
shall mutually develop a process for planning coordination, forwarding recommendations and project
programming consistency to be referred to as the "letter agreement." The Parties to this Agreement agree
that the Collier MPO need only include in the Transportation Improvement Program those state-funded
airport and seaport projects that directly relate to surface transportation activities. The process agreed to
in the letter agreement shall provide flexible deadlines for inter-agency comment on affected plans
referenced in this section. Upon approval, the letter agreement shall be appended to this Agreement and
shall be an exhibit hereto. The signatories to the letter agreement may revise or terminate the Agreement
upon 30 days written notice to all other Parties to this Agreement but without approval of other Parties
hereto.
ARTICLE 4
INTERGOVERNMENTAL COORDINATION AND REVIEW
Section 4.01. Coordination with Southwest Florida Regional Planning Council. The
Southwest Florida Regional Planning Council shall perform the following tasks:
(a) Within 30 days of receipt. review the draft of the proposed Transportation Improvement
Program. Long-Range Transportation Plan. Corridor and Subarea Studies. or amendments thereto, as
requested by the Collier MPO, to identify inconsistencies between the foregoing plans and programs and
applicable local government comprehensive plans adopted pursuant to Chapter 163 et seq., Florida ---
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Statutes, for counties and cities within the Metropolitan Area and the adopted Strategic Regional Policy
Plan.
(1) The Parties hereto recognize that pursuant to Florida law, the Long-Range Transportation Plan
and the Transportation Improvement Program of the Collier MPO must be considered by cities and
counties within the Metropolitan Area in the preparation, amendment and update/revision of their
comprehensive plans. Further, the Long-Range Transportation Plan and the projects and project phases
within the Transportation Improvement Program are to be consistent with the future land use element and
goals, objectives and policies of the comprehensive plans of local governments in the Metropolitan Area
to the maximum extent feasible. Therefore, promptly upon completion of its review of the draft proposal,
the Southwest Florida Regional Planning Council shall advise the Collier MPO and each affected county
or city of its findings.
(2) If, after completing its review of the draft proposal, the Southwest Florida Regional Planning
Council deems that the plans and programs submitted are not acceptable, the Southwest Florida Regional
Planning Council shall promptly advise the Collier MPO in writing of its concerns and identify those
portions of the submittals which need to be reevaluated and potentially modified.
(3) Upon final adoption of the proposed Transportation Improvement Program, Long-Range
Transportation Plan, Corridor and Subarea Studies, or amendments thereto, the Collier MPO may request
that the Southwest Florida Regional Planning Council consider adoption of regional transportation goals,
objectives, and policies in the Strategic Regional Policy Plan implementing the adopted Transportation
Improvement Program, Long-Range Transportation Plan, Corridor and Subarea Studies or amendments
thereto. If the proposed plan, program, or study, or amendments thereto, was the subject of previous
adverse comment by the Southwest Florida Regional Planning Council, the Collier MPO will identify the
change in the final adopted plan intended to resolve the adverse comment, or alternatively, the Collier
MPO shall identify the reason for not amending the plan as suggested by the Southwest Florida Regional
Planning Council.
(b) Provide the availability of the conflict and dispute resolution process as set forth in Article 5
below.
ARTICLE 5
CONFLICT AND DISPUTE RESOLUTION PROCESS
Section 5.01. Disputes and conflicts under this Agreement. This process shall apply to
conflicts and disputes relating to matters subject to this Agreement. or conflicts arising from the
performance of this Agreement. Except as otherwise provided in this Article 5. only representatives of
the agencies with conflicts or disputes shall engage in conflict resolution.
Section 5.02. Initial resolution. The affected Parties to this Agreement shall. at a minimum,
ensure the attempted early resolution of conflicts relating to such matters. Early resolution shall be
handled by direct discussion between the following officials:
For the Department: by the District Director for Southwest Area Office
For the Collier MPO: by the MPO Executive Director
For the Southwest Florida Regional Planning Council: by the Executive Director
For CAT: by the Alternative Transportation Modes Department Director
For the City of Naples Airport Authority: by the Executive Director
For the Collier County Airport Authority: by the County Manager
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Section 5.03. Resolution by senior agency official. If the conflict remains unresolved, the
conflict shall be resolved by the following officials:
For the Department: by the District Secretary
For the Collier MPO: by the MPO Chair
For the Southwest Florida Regional Planning Council: by the Council Chair
For CAT: by the Chair of the Board of County Commissioners
For the City of Naples Airport Authority: by the Board Chair
For the Collier County Airport Authority: by the Chair of the Board of County Commissioners
Section 5.04. Alternative Regional Planning Council dispute resolution. If a resolution is not
possible, the Parties may undertake dispute resolution pursuant to the Regional Planning Council
procedure set forth in Chapter 29I-7, FAC. All Parties to the dispute must agree to undertake this
procedure before it may be invoked.
Section 5.05. Resolution by the Office of the Governor. If the conflict is not resolved through
conflict resolution pursuant to Sections 5.02, 5.03, and 5.04 of this Agreement, the Parties shall petition
the Executive Office of the Governor for resolution of the conflict pursuant to its procedures. Resolution
of the conflict by the Executive Office of the Governor shall be binding on all Parties.
ARTICLE 6
MISCELLANEOUS PROVISION
Section 6.01. 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 perfoiniance 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 6.02. Amendment of Agreement. Amendments or modifications of this Agreement
may only be made by written agreement signed by all Parties here to with the same formalities as the
original Agreement.
Section 6.03. Duration: withdrawal procedure.
(a) Duration. This Agreement shall have a term of(5) years from the date it is signed by the
last of the Parties below and shall automatically renew at the end of said (5) years for another (5) term
and every (5) years thereafter. At the end of the (5) year term and at least every (5) years thereafter, the
Parties hereto shall examine the terms hereof and agree to amend the provisions or reaffirm the same. 1
However, the failure to amend or to reaffirm the terms of this Agreement shall not invalidate or otherwise
terminate this Agreement.
(b) Withdrawal procedure. Any party may withdrawal from this Agreement after
presenting in written form a notice of intent to withdrawal to the other Parties to this Agreement and the
Collier MPO. at least (90) days prior to the intended date of withdrawal: provided, that financial
commitments made prior to withdrawal are effective and binding for their full term and amount
regardless of withdrawal.
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Section 6.04. 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 is required to be given and shall be addressed as follows:
MPO Executive Director
Collier MPO Southwest Area Office Director
2885 South Horseshoe Dr. Florida Department of Transportation
Naples, FL 34104 District One - SWIFT SunGuide Center
10041 Daniels Parkway
Fort Myers, FL 33913
Executive Director
Southwest Florida Regional Planning Collier County Airport Authority
Council Growth Management Division—
1926 Victoria Ave. Construction and Maintenance
Fort Myers, FL 33901 2885 South Horseshoe Dr.
Naples, FL 34104
Executive Director
City of Naples Airport Authority Alternative Transportation Modes
160 Aviation Dr., North Department Director
Naples, FL 34104 3299 East Tamiami Trail, #103
Naples,FL 34112
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 6.05. Interpretation.
(a) Drafters of Agreement. All Parties hereto were each represented by, or afforded the
opportunity for representation by legal counsel, and participated in the drafting of this Agreement and in
the choice of wording. Consequently, no provision hereof should be more strongly construed against any
Party as drafter of this Agreement.
(b) Severability. Invalidation of any one of the provisions of this Agreement or any part,
clause or word hereof, or the application thereof in specific circumstances, by judgment, court order, or
administrative hearing or order shall no 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.
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Section 6.06. Attorney's Fees. In the event of any judicial or administrative action to enforce
or interpret this Agreement by any Party hereto, each Party shall bear its own attorney's fees in
connection with such proceeding.
Section 6.07. 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 6.08. Effective date. This Agreement shall become effective upon its execution by all
Parties hereto.
Section 6.09. Other authority. In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is required under applicable law to enable the Parties to enter
into this Agreement or to undertake the provisions set forth hereunder, or to observe, assume or carry out
any of the provisions of the Agreement, said Parties will initiate and consummate, as provided by law, all
actions necessary with respect to any such matters for required.
Section 6.10. Parties not obligated to third parties. No Party hereto shall be obligated or liable
hereunder to any party not a signatory to this Agreement. There are no express or intended third party
beneficiaries to this Agreement.
Section 6.11. Rights and remedies not waived. In no event shall the making by the Department
of any payment to the Metropolitan Planning Organization constitute or be construed as a waiver by the
Department of any breach of covenant or any default that may then exist on the part of the Collier MPO,
and the making of any such payment by the Department while any such breach or default exists shall in
no way impair or prejudice any right or remedy available to the Department in respect of such breach or
default.
Section 6.12. Previous agreement superceded. Upon execution of this Agreement by all Parties
as specified in Section 6.08, this Agreement shall supercede and replace the August 3, 2006 Agreement
identified in the Recitals.
IN WITNESS WHEREOF, the undersigned Parties have executed this Joint Participation Agreement
on behalf of the referenced legal entities.
Signed. Sealed. and Delivered in the presence of:
[Every participant identified in this Agreement shall sign and date this Agreement with the
appropriate witnesses;
. i
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CFR 450
COLLIER METROPOLITAN
PLANNING ORGANIZATION
ATTEST: By:
Lucilla Ayer, AICP Councilman Sam J. Saad, III
MPO Executive Director MPO CHAIRPERSON
Date: Date:
Approved as to form and legality:
Scott R. Teach
DEPUTY COUNTY ATTORNEY
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CFR 450 '..
IN WITNESS WHEREOF, the undersigned Parties have executed this Joint Participation Agreement
on behalf of the referenced legal entities.
Signed, Sealed, and Delivered in the presence of:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST: By:
Name: Name: Billy Hattaway
Title: Tit}e: District Secretary
Date: Date:
Reviewed:
District Counsel
Date:
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166.3011,x311.176 Fe POLICY I1.WnRO
OP400P 20 FAC 00C-01100
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CFR 460 Pees of 13
I)
IN WITNESS WHEREOF,the undersigned Parties have executed this Joint Participation Agreement
on behalf of the referenced legal entities.
Signed, Sealed,and Delivered in the presence of:
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
- / :
Name: . / „so, Name:
Title: Title: r/th„c „. ..... ---4
Date: A /4/ 9 Date: c
! I
Reviewed:
ti 7L--( 64„Ki____
Regional Counsel
Date: //�
1
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IN WITNESS WHEREOF,the undersigned Parties have executed this Joint Participation Agreement
on behalf of the referenced legal entities.
Signed, Sealed, and Delivered in the presence of:
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, As the Governing Body of the
Collier County Airport Authority and as the Operator of Collier Area Transit.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK OF COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TOM HENNING, Chairman
Approved as to form
and legality:
Scott R. Teach,
Deputy County Attorney
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CFR 450
IN WITNESS WHEREOF, the undersigned Parties have executed this Joint Participation Agreement
on behalf of the referenced legal entities.
Signed, Sealed, and Delivered in the presence of:
CITY OF NAPLES AIRPORT AUTHORITY
ATTEST: By:
Name: Name:
Title: Title:
Date: Dare:
Reviewed:
City of Naples Airport Authority Counsel
Date:
ii
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