Resolution 1999-237RESOLUTION NO. 99- 27
A RfLSOI.UTION OF 'I'[IE COI.I.I[iR COUNTY I~OAR[) (}F COIJN'I'Y
CONIMI$SIONI'2I~,5, TO I-2 N'I'I-2 R INTO AN I N'I'I-2R I.()CAI.
AGI{~[~Mf-2NT l:Ot~, Tit\-2 CI,[tdA'I'ION OI: iI tI~ C()I.I.It~P~ C()[JNTY
Mt:fI*[~OI)OI.ITA N I~I.ANNING OI~GANIZATION. AND
AUTt tOP, IZI NG TI II:_ CI IAI P,x~VOMAN 'FO t~XI-2C UTI-2 'I'I IE
AG I>, I:.I:. M I:2 N T.
ltYtcre.,s, th¢ (-Mvcrnc)r o[' thc Slate ()f kloricia approved a re,.i,4cd Incmbcrqdp plan 12~r thc
,\letropolit:~n Planning ()rganizalion lO inch~dc lhe City of Xlarco Island on ()cts.)her 2,";, 199,q, ami
Il 7tereu.v, thc Florida Department cd'Transportation has asked that ibc Board t)/'Ctmnty
Commissioners. ~he City of Xlarc~ Island, arid the City of Naples apt)nwc thc State of Florid;h
Department c)t' Transportation. Interlocal Agreement tk~r the Creation of the Collier ('t)tllllv
,Xlctropolitan Phmnin~ ()rganiza~inn (hcrcinaflcr rcfk'rrect to as the "AGI~I(!tXlIiN'I"'L
NO\V, '1'ii EI{I'2F()I,II.:. P,I'2 IT I,It'7S()1.V!'21} bv the (2dlicr ('{runty lk)ard
Cornrrdssioncrs that
Thc Coilicr County IMard ot'Cot;mv ('c, mmissioners is authorized to cnler inl~ thc
,,\ ('; R l-~l-],X 1F. X T
execute thc ,,\(iI),I!IL\II:..','T
DUI.Y PAS.qF.I),.tX[),,\[)OIq'i:.l)'I'II[.~_~-C?" D,,\Y 0 . ._ , . ,
ATTF. ST:
I)WIGI tTE. BROCK. ('I.I.:P,K
...... *' ,' '..'h, 'r;,~..'.l 5
AP¢lS,.iO~,q-;l) .\S:TO. F(.)I*,.\I .,\NI)
I.F.G..\ I. SUFFICII:.NCY
/
,
David C. Wci?l, C(mntv
('()l.l.lliR C()UNTY F;()..\I~,I) ()F ('OUNTY
('ON1MI,C,S IONI-2RS
PA.XlF.[.,,\ S ,XI,.\C'KIIL Ct I,,\[IL\VOMA
N
2506604 OR: 2571 PG: 2659
0)/J9/1999 at 09:12AM DWIGHT l. BROCK, CLIR~
HC ~! 51.00
~et~:
I)?)~O)HC! (?R )~00~ ,
STATE OF I.'LORIDA
DEPARTMENT OF TRANSI~)RTATION
I,~,"I'ERLOCAI. AGREEMENT FOR CREATION Ol.' Tlll']
COLI.IER COUNTY MF21'ROPOIATAN I'I.ANNING O]~GANIZATION
,
1999, by and between the FLORIDA [)EPARTMI:.NW OF TRANSPORTATION: COI.I.IF.R COUNTY;
the CITY OF N1ARCO ISI.AND; AND THE CITY OF NAPLES.
WITNESSETH
WHEREAS. statutes require the creation of metropolitan planning organizations to develop
transportation plans and programs for urbanized areas as a condition to thc receipt of federal capital or
operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs reflecting consideration of the likely
effect of transportation policy decisions on land use and development and the consistency of
transportation plans and programs with the provisions of ail applicable short and long term land usc and
development plans: and
WHEREAS, thc parties to this lntcrlocal Agreement desire to participate cooperatively in the
performance of such a transportation planning process to assure that highway facilities, mass transit, rail
systems, air.transportation and other intermodal facilities will be properly located and developed in
relation to the overall plan of community development: and
WHEREAS, pursuant to statutes, a determination has been made by tile Governor and units of
general purpose local government representing at least 75% of the affected population in the
metropolitan area to designale a mctrolx>litan planning organization; and
WtlF. REAS, pursuant to statutes and by letter dated October 28, 1998 lo Mr. Timothy J.
Constantine, Clmirperson, Naples (Collier County) Metropolitan Planning Organization, Ibc Governor
has agreed to the revised membership re'apportionment pla. n of the MPO as set forth in this Agreement;
and
WHEREAS, pursu,'mt to statutes, an interlocal agreement must be entered into by the Department
and the governmental entities designated by the Governor for membership on thc MPO;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
herein, the parties desiring to be legally bound, do agree as Follows:
ARTICLE I
Section 1.0I. ~. -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.
OR:
2571 PG: 2660
Pa~c 2 o£ II
Section 1.02. ~. 'IT~e following words when used in this Agreement (unless thc
context shall clearly indicate the contrary) shal! have the Following meanings:
"Agreement" means and refers to this instrument, as amended from time to time.
'Department'means and refers to thc Florida Department of Transportation, all agency of lhe
State of Florida.
"FHWA' means and refers to thc Federal l-tighway Administmlion.
"FTA" means and refers 1o thc I:cdcr;d Transil Administration.
'Long Range Transportation Plan (I.RTI~)'' is the 20-year plan which: identifies transportation
facilities; includes a financial [>lan 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 wittn thc .State
Implementation Plan, ail as required by applicable statutes.
"Metropolitan Area" means and refers to the planning area as delineated by thc Mt'(') for thc
urbanized area containing at least a population of 50,000 as described in thc statutes.
"MPO" means and refers to the metropolitan planning organization formed pursuant to this
Agreement.
"Statutes" mean and refer to state and federal statutes, rules, regulations, including but not
limited to, Titles 23 and 49 United States Code and Chapters 112. 119, 163, 215, 287, and 339, Florida
Statutes, as amended.
"Transportation Improvement I'rogram (TIP)" is the transportation document which includes the
following components: a priority list of projects and project phases; a list of projects proposed for
funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects;
an indication of whether the projects and project phases are consistent with applicable local government
comprehensive plans adopted pursuant to statutes; and an indication or' how improvements are
consistent, to the maximum extent feasible, with affected seaport and airport master plans and with
public transit development plans of the units of local government located within the boundaries of the
MPO, all as required by statutes.
"Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with thc
Department and public transportation providers, that lists all planning tasks to be undertaken during a
program year, together with a complete description thereof and an estimated budget, all as required by
statutes.
OR:
2571 PG: 2661
Page 3 of 1 I
ARTICLE 2
Section 2.01. Gc&c, zlLPmrl:g/~. Thc purpose of this Agreement is to establish thc MPO:
(a) To assist in the development of transportation systems embracing various modes
of transportation in a manner that will maximize the mobility of people and goods within and through
this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-
related fuel consumption and air pollution;
(b) 'Fo develop transportation plans and programs, in cooperation with the
Department, which plans and programs provide for the development of transportation facilities lhat will
function as a multi-modal and as an intermodal transportation system for the metropolitan area;
(c) To implement and ensure a continuing, cooperative, and comprehensive
transportation planning process that results in coordinated plans and programs consistent with the
comprehensively planned development of this affected metropolitan area in cooperation with the
Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance
pursuant to applicable statutes;
(e) To carry out the metropolitan transportation planning process in cooperation with
the Department, as required by and consistent with, applicable statutes.
Section 2.02. ~a, ig.L~12?_Q~¢sponsibilitics. ]'he MPO is intended to be a forum lbr
coo~mtive decision making by officials of the governmental entities which are party to this Agreement
in the development of transportation~related plans and programs, including but not limited to:
(a) Long Range Transportation Plan;
(b) Transportation Improvement Program;
(c) Unified Planning Work Program;
(d) Congestion Management System for the metro[x)litan area as required by statutes;
(e)
Assisting the Department in mapping transportation planning boundaries required
by statutes;
(0
Assisting the Department in performing its duties relating to access management,
functional classification of roads, and data collection; and
OR:
16A 2
2571 PG: 2662
Page 4 of l I
(g) Performing such other tasks presently or hereafter as required by statutes.
Section 2.03. ~PO decisions coordinatctLwith FDOT and consistent with comprehensive pla~.
The statutes grant the broad authority for the Department's role in transportation and show tile
legislative intent that thc Department shall be responsible for coordinating tile planning of a safe, viable
and balanced state transportation system serving all regions of thc State, require tile Department to
develop a statcwidc transportation plan, which considers, to the maximum extent feasible, strategic
regional policy plans, MPO plans, and approved local government comprehensive plans and specify thc
authority and responsibility of tile MPO and thc Department in tile management of a continuing.
cooperative, and comprehensive transportation planning process for thc metropolitan area.
In fulfillment of this purpose and in thc exercise of tile various powers St:rated by tile statutes,
the Department and all parties to this Agreement acknowledge that the provisions of tile l.ocal
Government Comprehensive Planning and I.and Development Regulation Act, referenced in state
statutes arc applicable to thisAgrcemcnt. Thc partics to this Agrccment shall take particular carc that
the planning processes and planning integrity of local governments as set forth in state law shall not be
infringed upon.
ARTICI.F~ 3
Section 3.01. Establishment of MPO. Thc MPO for the metropolitan area as described itl thc
membership reapportionment plan approved by the Governor is hereby created and established pursuant
to this Agreement to carp,,' out the purposes and functions set forth in Articles 2 and 5. 'File legal name
of this metropolitan planning organization shall be thc Collier County Metropolitan Planning
Organization.
Section 3.02. Mi>O to opczg~LC_~lrhuaat t',.LJ;L~2Z. In thc event that any election, referendum,
approval, permit, notice, or other prcx:ecdin[2 or authoriT, ation is required under applicable law to cnablc
the parties to enter into this Agreement or to undcm6:c thc provisions set forth hcrcundcr, or to observe.
a.ssume or carry out any of the provisions of this Agreement, said parties will initiate and consummate,
as provided by law, all actions nccessarv with respect to any such matters as required.
Section 3.03. G.9.z.crnia~_bgzrd_t~acLils policg:laaki.ag_bx:gly of MI'O. 'File governing board
established pursuant to Section 4.01 of this Agreement shall be thc policy-making body that is thc
forum responsible for cooperative decision-making and will be taking the required approval actions as
the MPO.
Section 3.04. S.ubmission of proceedings: Contracts and other documents. Subject to tile rigllt
to claim an exemption from the Florida Public Records Law, the parties shall submit to each other such
data, reports, records, contracts, and other ducumcnts relating to its performance as a metropolitan
OR:
2
2571 PG: 2663
Page 5 of 1 I
planning organization as requested. Charges for reproduction of public records to be in accordance with
said statute.
Section 3.05..Rights of review. All parties to this Agreement, and thc affected Federal
funding agency (i.e., FHWA, and I-WA) shall have the rights of technical review and comment of MPO
projects.
ARTICLE 4
COMPOSITION: MEMBERSHIP: TERMS OF OFFiC, J.5
Section 4.01. (:omposition lind membership of governing board.
(a) The membership of the MPO shall consist of eight (8) voting representatives and
one (1) non-voting representative. 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, five (5) voting members; the City of Naples, two (2) voting
members; the City of Marco Island, one (1) voting member; and the Florida Department of
Transportation, one (1) non-voting (ex-officio)member.
(b) All voting representatives shall be elected officials of general purpose local
govemmenLs, except to the extent that the MPO includes, as part of its apportioned voting membership,
a member of a statutorily authorized planning board or an official of an agency that operates or
administers a major mode of transportation. All individuals acting as a representative of the governing
board of the county, the city, or authority shall first be selected by said governing board.
(c) In no event shall the county commission representatives constitute less than one-
third of the total number of representatives on the MPO.
(d) In tile event that a governmental entity that is a member of the MPO fails I() fill
an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty
to appoint a representative, that appointment shall be made by the Governor from the eligible individuals
of that governmental entity.
Section 4.02. Terms The term of office of members of the MPO shall be four (4) 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 thc
original ap[x)inting entity. A member may be appointed for one or more additional four (4) year terms.
ARTIC LF. 5
AUTHORITIES. POWERS. DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The MPO shall have all authorities, powers and dulies,
enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations
OR: 2571 PG: 2664
2
Page 6 of 11
necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation
planning process as specified in the statutes.
Section 5.02. Specific authority and powers. The MPO shall have the following powers and
authority as provided by statutes:
(a) The MPO may employ personnel and/or may enter into contracts with local or
state agencies and private planning or engineering firms to utilizx: the staff resources of local and/or state
agencies;
(b)
public agencies;
The MPO may enter into contracts for the perforrnar, cc of service functions of
(c)
The MPO may acquire, own, operate, maintain, sell, or lease real and personal
property;
(d) 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
(0
The MPO shall have such powers and authority as specifically provided by the
statutes.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities as provided by statutes:
(a) The MPO shall create and appoint a technical advisory committee:
(b) The MPO shall create and appoint a citizens' advisory committee;
(c) The MPO membership shall be jointly and severally liable for liabilities, and thc
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) The MPO shall establish a budget which shall operate on a fiscal year basis
consistent with any requirements of the Unified Planning Work Program;
(e) The MPO shall enter into agreements with the Department, operators of public
transportation systems and the metropolitan and regional intergovernmental coordination and revicv,,
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.
2
OR: 2571 PG: 2665
Page 7 of l 1
(f) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by statutes, and specifically shall:
(1) Prepare the Long-Range Transportation Plan;
(2) Prepare the Transportation Improvement Program;
(3) Prepare and annually update the Unified Planning Work Program:
(4) Prepare a Congestion Management System for thc metropolitan area;
(5) Assist in mapping of transportation planning boundaries rcquircd by
statutes;
(6) Assist in performing its duties relating to access management, functional
classification of roads, and data collection:
(7) Perform such other tasks presently or hereafter required by statutes:
(8) Execute certifications and agreements necessary to comply with statutes;
and
Adopt operating rules and procedures in accordance with applicable
(9)
statutes.
ARTICLE 6
FUNDING: INVENTORY REPORT: RECORD-KEEPING
Section 6.01. Funding. The Department shall allocate to the MPO for its performance of
its transportation planning and programming duties, an appropriate amount of state transportation
planning funds.
Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to
funding under this Agreement. This shall be done in accordance ,,vith thc requirements of all applicable
statutes.
Section 6.03. Record-keeping and document retention. Thc Department and thc MPO shall
prepare and retain all records in accordance with the requirements of all applicable statutory
requirements.
16,A
OR: 2571 PG: 2666
Page 8 oF I I
2
ARTICLE 7
ktl.iC~ E~ PROVISION
Section 7.01 _.C93251i~' ~2~.l_.o_r~tutory duties m~d res.txmsibzilitig5 o!' pan. Lt,~. This Agreement
shall not be construed to authorize the delegation of tile constitutional or statutory duties oF any of
parties. In addition, this Agreement does not relieve any of thc 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 aulhorizcd by this
Agreement, in which case this Imrformancc may be offered in satisfaction of the obligation or
responsibility.
Section 7.02. zMncl~dmcnl.2f A,~ClB..g. ill. Amcndnlcnts or nxxlitications of this Agreement may
only be made by written agreement signed by itl[ parties hereto with the same Formalities as tile original
Agreement. No amendment may alter the apponionmen~ or jurisdicliemal hotmdarics of thc MPO
without approval by the Governor.
Section 7.03. Duration: withdrawal procedJm[c.
(a) A2u..ca, tion. This Agreement shall have a term of Ilvc (5) years. At thc end of the
tive (5) year term and at least ever5' five (5) years thereafter, the parties hereto shall examine the terms
hereof and agree to amend provisions or reaffirm the same, otherwise it ,,,,'ii1 bc imtCmlatically renewed.
(b) Withdrawal procedure. Any party, except Collier County and/or tile City
of Naples and the United States Bureau of tile Census designated center city(ies), may withdraw from
this Agreement after presenting itl written fom~ a notice of intent to v, ithdraw to tile olhcr panics It/ this
Agreement and the MPO, at least ninety (90) days prior to the intended date oF withdrawal, ripen
receipt of the intended notice oi' withdrav,,'al:
(1) The withdrawing member and the MPO shall enter into an agreement
reflecting the withdrawal of thc member and alteration of the list of member governments that arc
signatories to this Agreement. 'File agreement shall be filed in thc OI'I'ice of thc Clerk of the Circuit
Court of each county in which a party hereto is located: and
(2) The Office ti' tile Governor shall be contacted, and thc (kwernor, with tile
agreement of thc remaining members of tile MF'O. shall deterrnirm whether any reapportior~mcnt of the
membership shall be appropriate. Thc (}ovcrnor and tile MPO shall review thc previous MPO
designation, applicable Florida and local la,a', and MPO rules for appropriate revision. In the event that
another entity is to be accorded membership in the place of the member v.'ithdrawing from the MI'O.
the parties acknowledge that pursuant to statutes, adding membership to the NIP(') docs not autonlatically
require redesignation of the MPO. In the event that a party wtlo is not a signatory ltl this Agrecnlent
is accorded membership on the MPO, membership shall not become effective until this ^grccmcnt is
amended to reflect that the new member has joined thc MPO.
Section 7.04. Notice. All notices, demands and correspondence required or provided Rlr
under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage
prepaid, return receipt requested.
OR:
2571 PG: 2667
Page 9 of' I I
Notice required to be given shall be addressed as follows:
a)
Board of County Commission Chairperson
Collier County Board of County Commission
3301 F2.st Tamiami Trail
Naples, Florida 34112
b)
City Manager
City of Naples
735 Eighth Street, South
Naples, Florida 34102-6796
c)
City Manager
City of Marco Island
950 North Collier Boulevard, Suite 308
Marco Island, Florida 34145
d)
District Secretary
Florida Department or' Transportation
District One
801 North Broadway Avenue
Post Office Box 1249
Barrow, Florida 33831- 1249
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 bc
addressed and transmitted to the new address.
Section 7.05. ~d to Third Parties. No party hereto shall be obligated or
liable hereunder to any party not a signatory to this Agreement. There arc no express or intended third
party beneficiaries to this Agreement.
Section 7.06. State or Territorial Law. Unless required by Federal law, nothing in this
Agreement shall require the MPO, or any party hereto, 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 this Agreement violate any applicable State law, the
parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and
modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto
may proceed as soon as possible with its responsibilities hereunder.
Section 7.07. InLy.
(a) Drafters of 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
1 6 2 OR: 2571 PG: 2668
{'age 10 of I }
drafting of Lhis Agreement and in choice of wording. Consequently, no provision hereof should be more
strongly construed against any party as drafter of this Agreement.
(b) Severability:. Invalidation of an}' one of thc provisions of this Agreement or any
part, clause or word hereof, or the application thereof in specific circumstances, by judgement, 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, thc following rules
of construction shall apply unless thc context indicates otherwise'
(1) Thc singular of an,,' word or term includes thc plural:
(2) '['he masculine gender includes ll~e l'cmininc [center; and
(3) Thc word "shall" is mandatory, and "may" is permissive.
Section 7.08. Enforccmcn*.by particshcrcto. In thc cvcnt of any judicial or administrative
action to enforce or interpret this Agreement bv any party hereto, each party shall bear its own
attorney's fees in connection with such proceedings.
Section 7.09. A~M:ccmcnt execution: Usc ofcountcrparI sJgnatulc_y.;lg, c~. This/\grccmcnt, and
an>.' amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to bc an original, and such counterparts together shall constitute one and thc
same instrument.
Section 7. i0. J. Zffcc~j_',~c_datc' (~;~L~;J~Cc~LdaLk.ul.
(a) ~ffective da, Lc. This Agreement shall become effective upon its filing in thc
Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any
amendment hereto shall become effective only upon its filin~ in thc Ol'l~Ce of thc Clerk of the Circuit
Court for each count}, in which a party hereto is located.
(b) Rccor_d;Kixla. The Collier County NletroFx)litan Planning Organization hereby
agrees to pay for any costs of recordation or filing of ~}:is Agreement in the Office of the Circuit Court
for each count,,' in which a part}' is hereto located. Thc recorded or filed original hereof, or an}'
amendment, shall be returned to thc ,'MPO for lSlin~, in its rccord'q.
Section 7.11. Previous Agrcx2n'~ent Su~'rscd;~ Upon execution bv all partic~,. ;tad recording
of this Agreement it shall supersede the Intcrlocal Agreement between the parties dated .t '~.-:; ~:.
OR:
2571 PG: 2669 ***
Page 11 ofll
2
IN WITNESS WHEREOF, the undersigned parties have caused this lnterlocal Agre..e~rn, e,n,.,t tp~lpe duly
executed in their behalf and hereby establish the above designated MPO, thi~' of
~ ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER]COUNTY, FLORIDA /',
· ~4A~~ BILL BARNETT
ATTEST: - (SEAl.)
~T'/' CLERI~ t - TARA A. NORt.~.N
CIT_.Y-OF MARCO ISLAND, FLORIDA
CLERK ~/
STATE OF FLORIDA
DEPART,~tENT OF/TRANSPORTATION
BY: / ~' ~' ~Z. ~"
DISTRICT S'F~RETARY
E.~ EC(JW~ S ECRET~kR
APRIL 1999