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HomeMy WebLinkAbout23532AGREEMENT INFORMATION AGREEMENT NUMBER 23532 NAME/TYPE OF AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DESCRIPTION INTERLOCAL AGREEMENT/RECONSTITUTE THE METROPOLITAN PLANNING ORGANIZATION/FILE ID: J-93- 71/R-93-0046 EFFECTIVE DATE ATTESTED BY SYLVIA LOWMAN ATTESTED DATE DATE RECEIVED FROM ISSUING DEPT. NOTE Amended: Agenda Item No. III E RESOLUTION NO. MPO 19-92 RESOLUTION DIRECTING COMMENCEMENT OF NEGOTIATIONS r WITH APPROPRIATE PARTIES ON AN INTERLOCAL AGREEMENT THAT WILL RECONSTITUTE THE MPO FOR THE MIAMI 'URBANIZED AREA TO INCLUDE THE THREE MOST POPULOUS .CITIES -IN THE COUNTY AND THE CITY OF HOMESTEAD; AND •WHICHe WILL- EXPAND THE GOVERNING BOARD OF SUCH '•RECONSTITUTED MPO TO INCLUDE REPRESENTATIVES FROM. SUCH CITIES AS WELL AS A REPRESENTATIVE FROM THE DADE LEAGUE.OF MUNICIPALITIES BE. IT RESOLVED BY THE GOVERNING BOARD OF THE METROPOLITAN PLANNING ORGANIZATION (MPO),'FOR THE MIAMI URBANIZED AREA that the MPO Secretariat is hereby 'directed to commence negotiations with appropriate parties on an interlocal agreement that will reconstitute the MPO to include the three most populous cities in the County and the City of Homestead, and which will provide that the governing board of such reconstituted MPO shall include representatives of such cities, as well as a representative of the Dade League of Cities, as voting members. Such- interlocal agreement shall comply with the applicable requirements of federal and statement law to entitle such reconstituted MPO to be redesignated as the MPO for the Miami Urbanized Area under the Intermodal Surface Transportation Efficiency Act of 1991. The foregoing resolution was offered by Board Member Sherman S. Winn, who moved its adoption. The motion was seconded by Arthur E. Teele, Jr., and upon being put to vote, the vote was as follows: Board Member Mary Collins - aye Board Member Charles Due Beau - aye Board Member Joseph Gersten - absent Board Member Allen.C. Harper - aye Board Member Larry Hawkins - aye Board Member Alexander Penelae - aye Board Member Harvey Ruvin - absent Board Member Xavier L. Suarez - aye Board Member Arthur E. Teele, Jr. - aye Board Member Sherman S. Winn - aye Chairman Stephen P. Clark - aye The Chairman thereupon declared the resolution duly passed and adopted this 16th day of June, 1992. METROPOLITAN P ING ORGANIZATION FOR T1 :� IAHI , RBANIZED AREA By: Jose-LHeaa MPO Seer tariat .g INTRuLoCAI. AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, DADE COUNTY, a political subdivision of the State of Florida; hereinafter called the County, and the CITIES OF MIAMI., MIAMI BEACH, HIALEAH AND HOMESTEAD, Florida municipal corporations hereinafter called MIAHI, MIAMI BEACH, HIALEAIH and HOMESTEAD, respectively. WITNHASUT WHEREAS, the Department, the County and the aforementioned municipalities, under the authority of Sections 163.01 and 339.175, Florida Statutes may enter into an interlocal agreement to carry out a project which in advantageous to the parties and which agreement permits the joint exercise of such powers or authority which the parties share in common or might be exercised separately, and WHEREAS, as a condition for the receipt of federal transportation capital • 1 or operating assistance under federal law and regulation, the Governor of each ' State is required to designate a Metropolitan Planning Organization, for each urbanized area• hereinafter referred to as "MPO", which MPO is to have a continuing, cooperative and Comprehensive transportation planning process that results in plans and programs consistent with the comprehensive planned development of the urbanized area, and stipulates that the State and MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out of such transportation planning, and WHEREAS, a previous agreement creating and establishing the MPO for the Miami Urbanized Area signed by the Department of Transportation, the Dade County Board of County Commissioners and the Dade County School Board and dated March 2nd, 1977 provides the legal basis for the functioning of the MPO since 1977 to the present, with the participation of the School Board subsequently deleted from the agreement by ruling of the State Attorney General. Tp/F22X-2 1 W1KREAS, it is the purpose of this interlocal agreement to reconstitute the Metropolitan Planning Organization for the Miami Urbanized Areas as provided herein. NOW, THEREFORE, in consideration of the mutual covenants, promised, and representations herein, the parties agree as follows: 1.00 Definitions The terms employed in thin Agreement shall have the following meanings unless the context clearly implies a different intent: .01 "GOVERNOR" shall mean the Governor of the State of Florida .02 "COUNTY" shall mean the Board of County Commissioners, Dade County, Florida .03 "MPO" shall mean the Metropolitan Planning Organization for the Miami Urbanized Area designated by the Governor. .04 "DEPARTMENT" shall mean the State of Florida Department of Transportation.. .05 "GOVERNING BOARD" shall mean those persons designated by the Governor to serve on the MPO. .06 "MDTA" shall mean the publicly owned public transit operator in Dade County known as the Metro Dade Transit Agency, a department of the Metropolitan Dade County government.' .07 "STATE" shall mean the State of Florida and its various departments, agencies and/or officials. .08 "URBANIZED AREA" that area wholly contained within Dade County which by definition and boundary limitations is to be urbanized. .09 "FTA" shall mean the Federal Transit Administration of the U.S. Department of Transportation. .10 "PIMA" shall mean the Federal Highway Administration of the U.S."Department of Transportation. TP/F2X-2 2 .11 "DIRECTOR OF SECRETARIAT" shall mean that peruon who uhall be appointed to nerve as Director of the MPO staff, as Secretary to the MPO and an the administrator of its buaineau and affairs in accordance with the rules, regulations and procedures adopted by the MPO pursuant to Section 5.06. 2.00 Purpose For the reasons recited in the preamble, which are hereby adopted an part hereof, this agreement is to reconstitute the MPO for the Miami Urbanized Area for the purpose of maintaining a continuing, cooperative and, comprehensive transportation planning 'process resulting in coordinated plansand programs consistent with the comprehensively planned development of the said urbanized area,. in cooperation with the Department, and in accordance with Federal requirements. 3.00 The Proiect The project .is defined as the continuing, cooperative and comprehensive transportation planning process for the Miami urbanized area, including the programming of transportation improvements for such area. 4.00 MPO - Reconstituted The reconstituted MPO for transportation planning in the Miami Urbanized Area is hereby created, established and vested with the power, rights privileges, immunities and responsibilities to perform all obligations provided in Sections 163.01 and 339.175 Florida Statutes, subject to the limitations imposed by Section 5.00 of this agreement. The MPO shall be headed by a Governing Board whose voting members are designated by the Governor of Florida and nerve at hie pleasure. The Governing Board of the MPO shall consist of: the entire Board of County Commissioners of bade County, one (1) member of• -the City of Miami City Commission as recommended by the Mayor, one (1) member of the City TP/F22X-2 3 of Hialeah city Council as recommended by the Mayor, one (1) member of the City of Miami Beach city commission as recommended by the Mayor, one (1) member of the city of Homestead City council as recommended by the Mayor, one (1) member" representing the Dade League of Cities, plus two (2). non -voting, non -elected members of the Florida Department of Transportation designated by the Secretary of Tranaportat-ion. One half plus one of the voting membership shad constitute a quorum for holding duly advertised Board meetings. Provided: (a) -The designee° selected to serve from the above named entities shall be appointed by the Governor. (b) In the event that any of the represented entities decline to participate in forming the MPO by execution of this Interlocal Agreement or withdraw from the agreement at a future date, the Governor shall designate replacement(e) from any other appropriate entity in the urbanized area. (c) Further, if the performance of a member of the MPO is unsatisfactory to the Governor and the member ie, therefore removed from the MPO, the Governor ehall appoint a replacement from any appropriate entity in the urbanized area. 5.00 MPO - Powers The MPO, in cooperation with the Department, shall have the power to carry on the project as defined in Section 3.00 of this agreement. In addition, the MPO shall have the power to: 01. Enter`into contracts or agreements, other than Int-erlocal Agreements, with local and/or State agencies to utilize the staff resources of those agencies. .02 Administer ite affairs and business TP/F22X-2 4 .03 Enter into agreements other than Int-erlocal Agreements, with the Department, operators of public masa transportation services, and other entities an appropriate. .04 Enter into contracto for professional aerviceo. .05 Acquire, own, operate, maintain, sell or lease any real or personal property, subject to written approval of the parties of thin agreement. .06 Promulgate rules to effectuate its powern, responsibilities, and obligations provided said rules do not supersede or conflict with applicable local and state laws, rules and regulations. .07 Accept funds, grants,, assistance gifts, or bequeaths from local, state,• and federal sources. 6.00 MPO - Organization To effectuate the powers, duties, functions and authority conferred by the agreement, the MPO shall provide for an appropriate organization to administer the affairs and business of the MPO, including a Secretariat Office, a citizens participation structure, a structure to evaluate the technical adequacy of the work product, an well an to advise the Governing Hoard. in the decision making process, and such other structures or committees as it may deem necessary. 7.00 Particular Covenants It in understood and agreed by and between the parties to this Agreement that: .01 The existing Urban Transportation Planning Agreement with the Department in hereby confirmed and shall be binding on the MPO and the Department and shall remain in full force and effect until amended or revised by written agreement executed by the HP0 and by the Department. This agreement sets forth the responsibilities of each entity with respect to jointly and TP/F22X-2 5 cooperatively carrying out the transportation planning and programming activitieu required by this Interlocal Agreement and by the applicable federal, elate and local lawn and regulations an they now exist, or an they hereafter may be changed or modified. .02 The existing Memorandum of Understanding with Metropolitan Dade County, which Memorandum of Understanding nets forth procedure° to optimize the role of the transportation system of Dade County as a function of the planning and programming process of the MPO is hereby confirmed. and ohall be binding on the reconstituted HPO and the County and ohall remain in full force and effect until amended by written agreement executed by the MPO and • by the County. .03 Plans and programs developed within the framework of 'the urban transportation planning process may be modified in a manner consistent with tiie_procedures entablinhed for initial development. .04 The MPO shall receive its proportionate nhare•of the Metropolitan Planning, (PL) funds made available by 23 U.S.C. 104 (f). It is understood that the PL Funds are apportioned by the Federal Government and are distributed to the State on a reimbursable basin to the MPO. The State shall distribute the PL Funds to auaiot in performing those projects defined in the annual Unified Planning Work Program. Such reimbursement shall be in accordance with the terma and condition°stated in the Urban Trannportatiop Planning Agreement between the MPO and the Department. It in also understood that the MPO continue° to be the local recipient of federal funds distributed under Section 8 of the Urban Mann Transportation Act of 1964, an amended. .0S The MPO shall establish an annual budget on an October 1 to September 30 fiscal year banjo. The budget shall identify funding source°, TP/F22x-2 6 participating agencies, and levels of participation by the variouo agencies. The amount of fiscal participation shall be determined by resolution adopted by the HPO, subject to approval and lawful appropriation by the respective funding bodies. .06 It in understood and agreed by the Board of County Commissioners and the municipalities signatory to this Agreement that when tle Governor designates any member of any of the entities to nerve as a member of the MPO, that member is hereby authorized to so nerve in accordance with the provision of this agreement. .07 The MPO in cooperation with the Department shall ensure the technical adequacy of the transportation planning process_ The appointment of planners, engineers and members of appropriate disciplines to serve in an advisory capacity shall be subject to the concurrence' of the employer of any such person no appointed. .08 The MPO shall maintain a Citizen's Participation Structure_ .09 Any rules and regulations, promulgated by the MPO in accordance with Section 5.06 of this agreement, which relate to the planning process or the technical adequacy of the plans shall be developed in cooperation with the Department. 8.00 Pursuant to Federal, State, and Local Law In the event that any election, referendum, approval, permit, notice, or other procdeding or authorization is requisite under applicable law to enable the MPO to enter into this Agreement or to undertake the Project hereunder, or to observe, assume, or carry out any of the provisions of the Agreement, the HPO, will to the extent of its legal capacity, work towards the accomplishment and fulfillment of said needs. TP/F22X-2 9.00 Submission of Proceedings, Contract ad Other Documents The MPO shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require. 10.00 Rights of Review All parties to the Agreement, the FHWA, and FTA shall have tab rights of technical review and comment of MPO projects. 11.00 Contracts of the MPO All contractual agreements, if involving FHWA, FTA, and/or Department funds, must be appropriately approved.by the funding agency. Except as otherwise authorized in writing by the Department, FHWA or FTA, where state or federal funds are to be used, the MPO shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, FHWA, and FTA. 12.00 _01 _02 Miscellaneous Provisions How Contract In Affected by Provisions Held Invalid If any provision of this Agreement in held invalid, the remainder of this Agreement shall not be affected thereof if such' remainder would then continue to conform to the terms and requirements of applicable law_ gtate or Territorial Law Nothing in thin Agreement shall require the MPO to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law; praaided, TP/F22X-2 8 that if any of the provioiono of the Agreement violate any applicable state law, the MPO will at once notify the Department in order that• appropriate changes and modificationo may be made by the Department - and MPO to the end that•the MPO may proceed ao soonao possible with the Project. 13.00 Execution of Agreement This Interlocal Agreement may be simultaneously executed in several counterparts, each of which no executed shall be deemed to be an original, and ouch counterparts together shall constitute one and the same instrument. 14.00 Constitutional or Statutory Duties and Responsibilities of Parties of the Agreement This Agreement shall not be construedto authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility �• imposed upon them by law except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility_ 15.00 • Effective Date and Duration of Agreement and Withdrawal Procedure This Agreement shall become effective only after execution by all parties and designation of ouch parties as the membership for the MPO for the Miami Urbanized Area by the Governor. This Agreement shall remain in effect until terminated by the partied to the Agreement. Any party may withdraw from said Agreement after presenting, in written form, a notice of intent to withdraw, to the other partied, at least 60 days prior to the intended date of withdrawal, provided financial commitments made prior to withdrawal are effective and binding for their full terms and amount regardless of withdrawal. TP/F22X-2 9 16.00 Amendment of Agreement Amendments to this Agreement may be initiated by the MPO, pursuant to Section 163.01(11), Florida Statutes. 17.00 Confirmation of Agreement The Agreement shall be reviewed annually by the MPO to confirm the validity of the contents and to recommend the type of amendments, if any, that are required. 18.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly executed in their behalf and hereby establish the above designated MPO this day of , 19 FLORIDA DEPARTMENT BOARD OF COUNTY COMMISSIONERS OF TRANSPORTATION DADE COUNTY, FLORIDA By: By: Title: Title: Attest: Attest: CITY OF t ANr By: Title: Attest: City Manager •1',.• • • • . tra CITY OF MIAMI BEACH By: Title: Attest: CITY OF HIALEAH CITY OF HOMESTEAD By: Title: Attest: TP/F22X-2 10 By: Title: Attest: J-93-71 1/14/93 RESOLUTION NO. 9 3 - 4 6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN DADE COUNTY, THE CITY OF MIAMI BEACH, THE CITY OF HIALEAH AND THE CITY OF HOMESTEAD, SAID AGREEMENT TO IMPLEMENT THE RECONSTITUTION OF THE METROPOLITAN PLANNING ORGANIZATION ("MPO") FOR THE MIAMI URBANIZED AREA. WHEREAS, the MPO has acted to enlarge its membership and provide more representation from the municipalities within Dade County; and WHEREAS, it is in the best interest of the City of Miami to continue its participation as a voting member of the MPO Governing Board; and WHEREAS, a resolution adopted by the City Commission is needed to authorized the City Manager to execute the Interlocal Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. CITY COMMISSION MEETING OF. JAM 1 4 1993 Resolution No. 93- 46 fy Section 2. The City Manager is hereby authorized to execute an interlocal agreement, in a form acceptable to the City Attorney, with the City of Miami and, the State of Florida Department of Transportation, Metropolitan Dade County, City of Miami Beach, City of Hialeah and City of Homestead, said agreement to implement the reconstitution of the Metropolitan Planning Organization ("MPO") for the Miami urbanized area. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of Jan XAVIER L. SU REZ, MATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A. QU3N CITY ATT bss:M3388 , 1993. AYOR LRECF /ED '93 'i 26 " :GZ RESOLUTION NO. MPO 19-92 Amended: Agenda Item No. III 1: 'RESOLUTION DIRECTING COMMENCEMENT OF NEGOTIATIONS WITH APPROPRIATE PARTIES ON AN INTERLOCAL AGREEMENT THAT WILL RECONSTITUTE TIIE HPO FOR TIIE MIAMI URBANIZED AREA TO INCLUDE TIIE THREE HOST POPULOUS CITIES IN TIIE COUNTY AND THE CITY OF HOMESTEAD; AND WHICH WILL EXPAND THE GOVERNING BOARD OF SUCH RECONSTITUTED HPO TO INCLUDE REPRESENTATIVES FROM SUCH CITIES AS WELL AS A REPRESENTATIVE FROM TIIE DADE LEAGUE OF MUNICIPALITIES BE IT RESOLVED BY TIIE GOVERNING BOARD OF TIIE METROPOLITAN ,PLANNING ORGANIZATION (MPO) FOR TIIE MIAMI URBANIZED AREA that the MPO Secretariat in hereby directed to -commence negotiations with appropriate parties on an interlocal agreement that will reconstitute the MPO to include the three most populous cities in the County and the City of homestead, and which will provide that the governing board of such reconstituted MPO shall include representatives of such cities, as well as a representative of the Dade League of Cities, as voting members. Such interlocal agreement shall comply with the applicable requirements of federal and statement law to entitle such reconstituted MPO to' be redesignated as the MPO for the Miami Urbanized Area under the Intermodal Surface Transportation Efficiency Act of 1991. The foregoing resolution was offered by Board Member Sherman S.. Winn, who moved itn adoption. The motion was seconded by Arthur E. Teele, Jr., and upon being put to vote, the vote was as follows: Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Board Member Mary Collins Charles Dunneau Joseph Gersten Allen C. harper Larry 'hawking Alexander Penelas Harvey Ruvin Xavier L. Suarez Arthur E. Teele, Jr. Sherman S. Winn Chairman Stephen P. Clark - aye - aye - absent - aye - aye - aye absent aye - aye - aye - aye The Chairman thereupon declared the resolution duly passed and adopted this 16th day of June, 1992. METROPOLITA PLANNING ORGANIZATION FOR TII : IAMI , RDANIZED AREA By: Jose-L HMO Seer Mena tnrint \�n(0N Aipo )NTEI 1J)CAI, AGREEMENT THIS A(:UEEMENT, made and entered into thin day of 19 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION hereinafter called the DEPARTMENT, I)ADE COUNTY, a political subdivision of the State of Florida, herei_enaf:ter called the County, and the CITIES OF MIAMI, MIAMI BEAM, IIIALEAII AND HOMESTEAD, Florida municipal corporatl.ono hereinafter called MIAMI, MIAHI REACH, HIALEAH and HOMESTEAD, renpectively_ H I T H R :, S R T WHEREAS, the Department, the County and the aforementioned municipalities, under the authority of Sections 163.01 and 339.175, Florida Statutes may enter into an interlocal agreement to carry out a project which in advantageous to the partien and which agreement permit° the joint exercise of nuch powers or authority which the partien ohare in common or might be exercised neparately, and WHEREAS, an a condition for the receipt of federal transportation capital • or operating assistance under federal law and regulation, the Governor of each • State is required to deuignate a Metropolitan Planning Organization, for each urbanized area hereinafter referred to as "MPO", which MPO in to have a continuing, cooperative and 'comprehensive lrannportation planning process that results in plans and programs consistent• with the comprehensive planned development of the urbanized area, and stipulates that the State and MPO shall enter into an agreement clearly identifying the responsibilities for cooperatively carrying out of ouch transportation planning, and WHEREAS, a previous agreement creating and establishing the HL'O for the Miami Urbanized Area signed by the Department of Tranuportation, the Dade County Board of County Coaxnisnioners and the Dade County School Board and dated March 2nd, 1977 provides the legal basin for the functioning of the MPO since 1977 to the present, with the participation of the School Board oubnequently deleted from the agreement by ruling of the State Attorney General. TP/F22X-2 1 WHEREAS, it in the purpose of thin interlocal agreement to reconotltute the Metropolitan Planning Organisation for the Miami Urbanized Areas ao provided herein. NOW, THEREFORE, in connideration of the mutual covenants, promloeo, and reprenentationo herein, the partieo agree an follows: 1.00 Definitionn The terms employed in thin Agreement shall have the following meanings unleon the context clearly implied a different intent: .01 "GOVERNOR" shall mean the Governor of the State of Florida .02 "COUNTY" shall mean the Board of County Comminsionero, Dade County, Florida .03 "ML'O" ul►all mean the Metropolitan Planning Organization for the Miami Urbanized Area denignated by the Governor. .04 "DEPARTMENT" shall mean the State of Florida Department of Transportation., .05 "GOVERNING I3OARD" shall mean those persona denignated by the Governor to nerve on the MPO. .06 "MDTA" shall mean the publicly owned public transit- operator in Dade County known ao the Metro Dade Transit Agency, a department of the Metropolitan Dade County government. .07 "STATE" shall mean the State of Florida and Ito variouodepartmedto, agencies and/or officials. .08 "URBANIZED AREA" that area wholly contained within Dade County which by definition and boundary limitations in to be urbanized. .09 "FTA" nhall mean the Federal Transit Administration of the U.S. Department of Transportation. .10 "FILWA" shall mean the Federal Highway Adminintration of the U.S." Department of Transportation. TP/F22R-2 2 .11 "DIRECTOR OF SECRETARIAT" ohall mean that peroon who nhall be appointed to nerve an Director of the MI'o °toff, an Secretary to the HPO and ao the admini_ntrator of itn buninean and affairn in accordance with the ruleo, regulation° and procedureo adopted by the HPO purouant to Section 5.06. 2.00 Purpone For the reasons recited in the preamble, which are hereby adopted an part hereof, this agreement in to reconstitute the HP0 for the Miami Urbanized Area for the purpone of maintaining a continuing, cooperative and comprehenuive tranoportation planning proceoa resulting in coordinated plane -and programa consistent- with the comprehensively planned development of the said urbanized area, in cooperation with the Department, and in accordance with Federal requirements. 3.00 The Project The project .is defined an the continuing, cooperative and comprehenoive 1 transportation planning procesa for the Miami urbanized area, including the programming of transportation improvements for such area. • 4.00 HPO - Reconstituted The reconotit-uted HP0 for trannportation planning in the Miami Urbanized Area in hereby created, e°tabliohed and vented with the power, rights privileges, immunities and responsibilities to perform all obligations provided in Sections 163.01 and 339.175 Florida Statuten, nubject to the limitations imposed by' Section 5.00 of this agreement. The HPO sha11 be headed by a Governing Board whooe voting membern are designated by the Governor of Florida and nerve at his pleaoure. The Governing Board of the HPO shall consiot of: the entire Board of County Comminoioner° of bade County, one (1) member of -the City of Miami City Commission an recommended by the Mayor, one (1) member of the City TP/F22X-2 3 of Hialeah City Council au reconuuended by the Mayor, one (1) member of the City of Miami Beach City Comminulon ao recommended by the Mayor, one (1) member of the City of Homeutead City council an recommended by the Mayor, one (1) member representing the Dade League of Cities, pluo two (2) non -voting, non -elected members of the Florida Department of Transportation designated by the Secretary • of Transportation. One half plus one of the voting membership ohaln constitute a quorum for holding duly advertised hoard Meetings. Provided: (a) -The deoigneen selected to nerve from the above named entities shall be appointed by the Governor. (b) In the event that any of the represented entities decline to participate in forming the MPO by execution of this Inter1ocal Agreement or withdraw from the agreement at a future date, the Governor shall designate replacement([') from any other appropriate entity in the urbanized area. (c) Further, if the performance of a member of the MPO is unsatisfactory to the ‘ Governor and the member io, therefore removed from the MPO, the Governor shall appoint- a replacement- from any appropriate entity in the urbanized area. 5.00 MPO - Powers The MPO, in cooperation with the Department, ['hall have the power to carry on the project ao defined in Section 3.00 of this agreement. In addition, the HPO shall have the power to: 01. Enter -into contract° or agreements, other than Interlocal Agreements, with local and/or State agencies to utilize the staff renourceo of those agencieo. .02 Administer ito affairs and business •-- TP/F22X-2 4 .03 linter into agreements other than Interlocal Agreement°, with the Department, operator° of public mane; tr_anaportation aervicea, and other entities no appropriate. .04 tinter into contract° for profenoi_onai °ervicen. .05 Acquire, own, operate, maintain, sell or lease any real or personal property, subject to written approval of the partied of thin agPeement. , .06 Promulgate rules to effectuate its powero, reoponoibilibieo, and obligations provided paid rules do not oupernede or conflict with applicable local and state lawn, rulen and regulationo. .07 Accept fundo, grantn, assistance gift°, or bequeath° from local, state,• and federal sources. 6.00 MPO - Organization To effectuate the powers, duties, functions and authority conferred by the agreement, the HPO shall provide for an appropriate organization to admininler the affairs and buoineso of the HPO, including a Secretariat Office, a citizen° participation structure, a otructure to evaluate the technical adequacy of the work product, ao well ao to advise the Governing t3oard _ in the decioion making proceon, and such other structures or committees an it may deem necennary. 7.00 Particular Covenants It in understood and agreed by and between the parties to thin Agreement that: .01 The exiuting Urban Transportation Planning Agreement with the Department in hereby confirmed and shall be binding on the HPo and the Department and shall remain in full force and effect until amended or revlaed by written agreement executed by the ZPo and by the Department. Thio agreement gets forth the re°ponoibilitieo of each entity with respect Co jointly and TP/F22X-2 5 T" cooperatively carrying out the trannportation planning and programming ac1ivitien required by thin Interlocal Agreement and by the applicable federal, state and local lawn and regulations au they now exlot, or au they hereafter may be changed or modified. .02 The existing Memorandum of Underntanding with Metropolitan Dade County, which Memorandum of Underotanding veto forth procedures to oj*Imite the role of the tranoporiation uyotem of Dade County au a function of the planning and programming process of the HPO iu hereby confirmed and ohail be binding on the recolin1ituted MPO and the County and shall remain in full force and effect until amended by written agreement executed by the HPO and by the County_ .03 Plans and programs developed within the framework of the urban transportation planning proceun may be modified in a manner consiotent with tlie_procedures establinhed for initial development. .04 The HPO ohall receive its proportionate ohare.of the Metropolitan Planning (I'L) funds made available by 23 U.S.C. 104 (f). It in understood that the PL Funds are apportioned by the Federal Government and are distributed to the State on a reimbursable basis to the MPo. The State shall distribute the PL Funds to anoint in performing those projects defined in the annual Unified Planning Work Program. Such reimbursement- shall be in accordance with the terms and conditions stated in the Urban Tranuportatiofi Planning Agreement between the HPO and the Department. It in also understood that the HPO continues to be the local recipient of federal funds distributed under Section 8 of the Urban Maas Transportation Act of 1964, as amended. .05 The HP0 shall establish an annual budget on an October 1 to September 30 fiscal year banjo. The budget oltall identify ,funding sources, TP/FZ2X-2 6 participating agencies, and levels of participation by the various 4 agencicn. The amount of fiscal participation okalL be determined by resolution adopted by the HPO, oubject to approval and lawful appropriation by the respective funding bodieo. .06 It is underolood and agreed by the Board of County Commissioners and the municipalities nignatory to. this Agreement that when tits Governor designates any member of any of the entities to nerve as a member of the HPO, that member is hereby authorized to no nerve in accordance with the provision of this agreement. .07 The HPO in cooperation with the Department shall ensure the technical adequacy of the transportation planning process. The appointment of planners, engineeru and members of appropriate disciplines to serve in an advisory capacity shall be oubject to the concurrence of the employer of any ouch peroon no appointed. .00 The HPO shall maintain a Citizen's Participation Structure. .09 Any rodeo and regulations, promulgated by the HPO in accordance with Section 5.06 of this agreement, which relate to the planning process or the technical adequacy of the plans shall be developed in cooperation with the Department-. 0.00 Pursuant to Federal, State, and Local Law In the event that any election, referendum, approval, permit, notice, or other procdeding or authorization in requisite under applicable law to enable the HLPO to enter into thin Agreement or to undertake the Project hereunder, or to observe, assume, or carry out any of the provisions of the Agreement, the HPO, will to the extent of ito legal capacity, work towards the accomplinlunent and fulfillment of paid needs. TP/k22X-2 3 9.00 Submiaoion of Proceedings, Contract ad Other Documents The HPO ohall oubmit- to the Department ouch data, reports, recordo, contractn, and other documentn relating to the Project an the Department may require. 10.00 Rigltto of Review All parlien to the Agreement, the FIIWA, and FTA nhall have tab righto of technical review and comment of HPO projecto. 11.00 Contract-o of the HPO All contractual agreements, if involving FIIWA, FTA, and/or Department fundo, must be appropriately approved by the funding agency. Except an otlterwioe authorized in writing by the Department, FIIWA or FTA, where atat-e or federal funds are to be uoed, the HPO shall not execute any contract or obligate itoelf in any other manner with any third party with respect to the Project without the prior written concurrence of the Department, �. FIWWA, and FTA. 12.00 Hiacellaneoun Provinions .01 How Contract In Affected by Provisions Held Invalid If any provision of thin Agreement in held invalid, the remainder of this Agreement ohall not be affected thereof if such remainder would then continue to conform to the terms and requirements of applicable law. .02 S'tate or Territorial Law Nothing in thin Agreement ohall require the HPO 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, TP/F22X-2 a that if any of the proviniono of the Agreement violate any applicable nlnt-e law, the MVO will .it once notify the Department- in order that appropriate changed and modification° may be made by the Department and MPO to the end that - the HPO may proceed an uoon an ponuibl.e with the Project. 13.00 Execution of Agreement Thin Int-erlocal Agreement may be oimultaneounly executed in several counterpart's, each of which no executed °hall be deemed to be an original, and ouch counterpart° together °hall conol-itute one and the name instrument. 14.00 Constitutional or Statutory Duties and Responsibilities of Parties of the Agreement Thia Agreement shall not be construed . to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, thin Agreement does not relieve any of the portico of an obligation or respon°ibility ,• imposed upon them by law except to the extent of actual and timely performance 11►ereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by thin Agreement, in which case the performance may be offered in satisfaction of the obligation or renponuibility. 15.00 Effective Date and Duration of Agreement and Withdrawal Procedure Thin Agreement °hall become effective only after execution by all partied and designation of ouch parties an the memberohip for the HPO for the Miami Urbanized Area by the Governor. Thin Agreement °hall remain in effect until terminated by the part•ien to the Agreement. Any party may withdraw from naid Agreement after presenting, in written form, a notice of intent to withdraw, to the other parties, at leant GO day° prior to the intendedrdate of withdrawal, provided financial commitment's made prior withdrawal are effective and binding for their full term; and amount regardlenn of withdrawal. TP/F22X-2 9 t 16.00 Amendment reement Amendments to th>s Agreement may be initiated by the MPO, pursuant to Section 163.01(11), Florida Statutes. 17.00 Confirmation of Agreement The Agreement shall be reviewed annually by the MPO to confirm the validity of the contents and to recommend the type of amendments, if any, that v are required. 18.00 Agreement Format All words used herein in the singular form shall extend to and include the plural. All worth; used in the plural form shall extend to and include the singular. A11 words used in any gender shall extend to and include all genders. IN WITNESS WHEREOF, the undersigned parties have caused thin Interlocal Agreement to be duly executed in their behalf and hereby establish the above designated MPO this FLORIDA DEPARTMENT OF TRANSPORTATION day of , 19 BOARD OF COUNTY COMMISSIONERS DADE COUNTY, FLORIDA By: By: Title: Title: Attest: •^AJ Attest: Sail' . m CITY OF A}fC CITY OF MIAMI BEACH By: LZ Z:-w .., �: By: Title: t�ty Manager Title: Attest: Attest: CITY OF HIALEAH CITY OF HOMESTEAD By: Title: Attest: TP/F22X-2 10 By: Title: _Az . 1 i Attest: ' N353a