HomeMy WebLinkAboutResolution No. 2014-17 RESOLUTION NO. 2014- 17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, APPROVING STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESTATED INTERLOCAL AGREEMENT FOR THE
CREATION OF THE TRANSPORTATION PLANNING
ORGANIZATION; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority under Section 2(b), Article VII, of the State
Constitution to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City desires to enter into an Interlocal Agreement to establish the
transportation planning organization "TPO", and to participate cooperatively in the performance,
on a continuing basis, of a coordinated, comprehensive transportation planning process to further
the proper location and development of transportation facilities in relation to the overall plan of
community development;
r
WHEREAS, the City desires to develop transportation plans and programs which
provide for the development of transportation facilities that will function as a multi-modal and
intermodal transportation system for the metropolitan planning area;
WHEREAS, participation in the Interlocal Agreement ensures eligibility for the receipt
of certain federal funds and operating assistance;
WHEREAS, the Interlocal Agreement satisfies the requirements of, and is consistent
with, Section 339.175(2)(b),Florida Statutes;
WHEREAS, the Interlocal Agreement is consistent with the statutory requirements set
forth in section 163.01,Florida Statutes,relating to interlocal agreements; and
WHEREAS, the City Council of the City of Cape Canaveral deems this Resolution is in
the best interests of public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are
incorporated herein as a material part of this Resolution by this reference.
Section 2. Approval of Interlocal Agreement. The City Council of the City of Cape
Canaveral hereby authorizes the City Manager to execute that Interlocal Agreement with the
Florida Department of Transportation attached hereto as Exhibit "A" and fully incorporated
herein by this reference, and any mutually agreed upon renewals of extensions thereto.
City of Cape Canaveral,Florida
Resolution No.2014-17
Page 1 of 2
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause,phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
Adopted by the City Council of the City of Cape Canaveral, Florida, this 20th day of May,
2014.
ATTEST: Rocky Randels,Mayor
An e A /on, A1 �
g PP e
City Clerk t F t, gf�
Name For Against
t
0 John Bond Motion
•°' ►- Robert Hoog
F„ s Buzz Petsos X
;lts, Rocky Randels x
Betty Walsh Second
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral,Florida
Resolution No.2014-17
Page 2 of 2
Res 2014-07 CIN 2014139987, OR BK 7166 PAGE 2144,
SPACE COAST TRANSPORTATION PLANNING "A" Recorded 07x'1512014 at 01:05 PM, Scott Ellis, Clerk of Courts,
ORGANIZATION BREVARD COUNTY EXhlbl"A"Brevard Countiv FORM 525-010-01
2725 JUDGE FRAN JAMIESON WAY _ # Pgs:27 POLICY PLANNING
BLDG B ROOM 105 PGC - D
VI ERA FL 32940 Page 1 off7
2 27
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RESTATED
INTERLOCAL AGREEMENT FOR CREATION OF THE
TRANSPORTATION PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT for the formation of a Transportation Planning Organization is
made and entered into on this j qday of J Ls I Lj , 2014, by and between the FLORIDA
DEPARTMENT OF TRANSPORTATION; the COVNTY OF BREVARD; the CITY OF CAPE
CANAVERAL, Florida; the CITY OF COCOA, Florida; CITY OF COCOA BEACH, Florida; TOWN OF
INDIALANTIC, Florida; CITY OF INDIAN HARBOUR BEACH, Florida; CITY OF MELBOURNE, Florida;
TOWN OF MELBOURNE BEACH, Florida; CITY OF PALM BAY, Florida; CITY OF ROCKLEDGE,
Florida; CITY OF SATELLITE BEACH, Florida; CITY OF TITUSVILLE, Florida; CITY OF WEST
MELBOURNE, Florida; and CANAVERAL PORT AUTHORITY, collectively known as "the parties."
RECITALS
WHEREAS, the federal government, under the authority of Title 23 United States Code (USC) §134 and
Title 49 USC §5303, requires each metropolitan area, as a condition for the receipt of federal capital or
operating assistance, to have a continuing, cooperative, and comprehensive transportation planning process that
results in plans and programs consistent with the comprehensively planned development of the metropolitan
area;
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
performance, on a continuing basis, of a coordinated, comprehensive transportation planning process to assure
that highway facilities, mass transit systems, bicycle and pedestrian facilities, rail systems, air transportation and
other facilities will be properly located and developed in relation to the overall plan of community development;
WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305, as amended by the Moving Ahead for
Progress in the 21" Century Act (MAP -21) and Section 339.175, Florida Statutes (F.S.), provide for the creation
of Transportation planning organizations to develop transportation plans and programs for urbanized areas;
WHEREAS, pursuant to Titles 23 USC §134(d), 49 USC§5303, 23 CFR §450.310(b), and Section
339.175(2), F.S., a determination has been made by the Governor and units of general purpose local government
representing at least 75 percent of the affected population (including the largest incorporated city, based on
population as named by the Bureau of Census) in the urbanized area to redesignate the Brevard Transportation
planning organization;
WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the
metropolitan planning process as the Space Coast Transportation Planning Organization, which final approval
was memorialized in the Interlocal Agreement for Creation of the Brevard Transportation planning organization
recorded on February 21, 2005, in Official Records Book 5425, Page 144, Public Records of Brevard County,
Florida, and re-recorded on May 12, 2006, in Official Records Book 5644, Page 5967, Public Records of
Brevard County, Florida; for all of Brevard County, herein after referred to as "the Transportation planning
organization" or "the TPO". Further, the parties approved by unanimous vote an apportionment and boundary
plan for presentation to the Governor on the _14'h _ day of,February, 2014 ;
WHEREAS, pursuant to Section 339.175(3), Florida Statutes (2003), by letter to Mr. Larry L. Schultz
dated January 14, 2004, the Governor approved the boundary apportionment plan of the members of the
Res 2014-07
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proposed Brevard Transportation planning organization as set forth in this Agreement, and by letter to TPO
Governing Board Chairman Jerry Allender dated July 6, 2013, the Governor agreed to reaffirm the
apportionment plan of the members of the Space Coast Transportation Planning Organization and as set forth in
this Agreement;
WHEREAS, because the metropolitan statistical area includes all of Brevard County, pursuant to Section
339.175(2)(c), Florida Statutes, and consistent with 23 United States Code Section 134(e), 49 United States
Code Section 5303, 23 Code of Federal Regulations Section 450.310 by letter to TPO Governing Board
Chairman Jerry Allender dated July 6, 2013, the Governor agreed to affirm the planning and jurisdictional
boundaries of the Space Coast Transportation Planning Organization, which is set forth in this Agreement;
WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an Interlocal
Agreement must be entered into by the Department, the TPO, and the governmental entities and public
transportation operators to identify the responsibility of each party for cooperatively carrying out a
comprehensive transportation planning process;
WHEREAS, an Interlocal Agreement for Creation of the Brevard Transportation planning organization
recorded on February 21, 2005, in Official Records Book 5425, Page 144, Public Records of Brevard County,
Florida, and re-recorded on May 12, 2006, in Official Records Book 5644, Page 5967, Public Records of
Brevard County, was entered into by the Florida Department of Transportation, Brevard County, the Canaveral
Port Authority, and eleven (11) municipalities creating the Brevard Transportation Planning Organization;
WHEREAS, the aforementioned agreement was twice amended by the First Amendment to the Interlocal
Agreement for Creation of the Brevard Transportation Planning Organization recorded on September 13, 2006,
in Official Records Book 5696, Page 8801, Public Records of Brevard County, Florida, and the Second
Amendment to the Interlocal Agreement for Creation of the Space Coast Transportation Planning Organization
f/k/a the Brevard Transportation Planning Organization recorded on January 8, 2009, in Official Records Book
5906, Page 3023, Public Records of Brevard County, Florida;
WHEREAS, pursuant to the Second Amendment to the Interlocal Agreement for Creation of the Space
Coast Transportation Planning Organization f/k/a the Brevard Transportation Planning Organization recorded
on January 8, 2009, in Official Records Book 5906, Page 3023, Public Records of Brevard County, Florida, the
Brevard Transportation Planning Organization was renamed the Space Coast Transportation Planning
Organization;
WHEREAS, it is the intent of the signatories to this Interlocal Agreement to reaffirm the existence of the
Space Coast Transportation Planning Organization and to revise and restate the provisions for the operation of
the TPO;
WHEREAS, the undersigned parties have determined that this Interlocal Agreement satisfies the
requirements of and is consistent with Section 339.175(10), F.S.;
WHEREAS, the undersigned parties have determined that this Interlocal Agreement is consistent with
statutory requirements set forth in Section 163.01, F.S., relating to Interlocal Agreements; and
NOW, WHEREFORE, in consideration of the mutual covenants, promises, and representation herein, the
parties desiring to be legally bound, do agree as follows:
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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 to the best of the parties' knowledge. Failure of any of the
foregoing recitals to be true and correct and shall not operate to invalidate this Interlocal Agreement.
Section 1.01 Definitions. The following words when used in this Interlocal Agreement (unless the
context shall clearly indicate the contrary) shall have the following meanings:
Interlocal Agreement means and refers to this instrument, as may be amended from time to time.
Department means and refers to the Florida Department of Transportation, an agency of the State of
Florida created pursuant to Section 20.23, Florida Statutes.
FHWA means and refers to the Federal Highway Administration.
FTA means and refers to the Federal Transit Administration.
Long -Range Transportation Plan LRTP is the 20 -year transportation planning horizon which
includes transportation facilities; identifies a financial plan that demonstrates how the plan can be
implemented and assesses capital improvements necessary to preserve the existing metropolitan
transportation system and make efficient use of existing transportation facilities, indicates proposed
transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is
coordinated with the State Implementation Plan, all as required by Title 23 USC §134(c), Title 49
USC §5303, Title 23 CFR §450.322, and Section 339.175(7), F.S.
Metropolitan Planning Area means and refers to the planning area determined by agreement between
the TPO and the Governor for the urbanized area containing at least a population of 50,000 as
described in Title 23 USC §134(b)(1), Title 49 USC §5303, and Section 339.175(2)(c) and (d), F.S.,
and including the existing urbanized area and the contiguous area expected to become urbanized
within a 20 -year forecast period, which shall be subject to the Transportation planning organization's
planning authority.
TPO means and refers to the Transportation planning organization formed pursuant to this Interlocal
Agreement as described in 23 USC §134(b)(2), 49 USC §5303, and Section 339.175(1), F.S.
Transportation Improvement Program (TIP) is the staged multi-year program of transportation
improvement projects developed by a Transportation planning organization consistent with the Long
Range Transportation Plan, developed pursuant to 23 USC §1340), 49 USC §5303, 23 CFR
§450.324 and Section 339.175(8), F.S.
Unified Planning Work Pro am UPWP is the biennial program developed in cooperation with the
Department and public transportation providers, that identifies the planning priorities and activities
to be carried out within a metropolitan planning area to be undertaken during a 2 -year period,
together with a complete description thereof and an estimated budget, all as required by 23 CFR
§450.308, and Section 339.175(9), F.S.
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Y PLANNING
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ARTICLE 2
PURPOSE
Section 2.01. General Purpose. The purpose of this Interlocal Agreement is to establish the TPO and
recognize the boundary and apportionment approved by the Governor. This Interlocal Agreement shall
serve:
(a) To assist in the development of transportation systems embracing various modes of
transportation in a manner that will maximize the mobility of people and goods within and
through this metropolitan planning area and minimize, to the maximum extent feasible for
transportation -related fuel consumption and air pollution;
(b) To develop transportation plans and programs, in cooperation with the Department, which plans
and programs provide for the development of transportation facilities that will function as a
multi -modal and intermodal transportation system for the metropolitan planning area;
(c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning
process that results in coordinated plans and programs consistent with the comprehensively
planned development of this affected metropolitan planning area in cooperation with the
Department;
(d) To assure eligibility for the receipt of federal capital and operating assistance pursuant to Title 23
USC §134 and Title 49 USC §§5303, 5304, 5305, 5307, 5309, 5310, 5311, 5314, 5326, 5337and
5339, 5340; and
(e) To carry out the metropolitan transportation planning process, in cooperation with the
Department, as required by federal, state and local laws.
Section 2.02. Major TPO Responsibilities. The TPO is intended to be a forum for cooperative
decision making by officials of the governmental entities which are parties to this Interlocal Agreement
in the development of transportation -related plans and programs, including but not limited to:
(a) The LRTP;
(b) The TIP;
(c) The UPWP;
(d) Incorporating performance goals, measures, and targets into the process of identifying and
selecting needed transportation improvements and projects;
(e) A congestion management process for the metropolitan area and coordinated development of all
other transportation management systems required by state or federal law;
(f) Assisting the Department in mapping transportation planning boundaries required by state or
federal law;
(g) Supporting the Department in performing its duties relating to access management, functional
classification of roads, and data collection; and
(h) Performing such other tasks required by state or fcderal law..
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Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans.
Chapter 334, F.S., grants broad authority for the Department's role in transportation. Section 334.044,
F.S., includes the legislative intent declaring that the Department shall be responsible for coordinating
the planning of a safe, viable, and balanced state transportation system serving all regions of the State.
Section 339.155, F.S., requires the Department to develop a statewide transportation plan, which
considers, to the maximum extent feasible, strategic regional policy plans, TPO plans, and approved
local government comprehensive plans. Section 339.175(5), F.S., specifies the authority and
responsibility of the TPO and the Department to manage a continuing, cooperative, and comprehensive
transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by Chapters 334 and 339,
F.S., the parties to this Interlocal Agreement acknowledge that decisions made by the TPO will be
coordinated with the Department. All parties to this Interlocal Agreement acknowledge that actions
taken pursuant to this Interlocal Agreement will be consistent with local government comprehensive
plans.
ARTICLE 3
TPO ORGANIZATION AND CREATION
Section 3.01. Redesignation of the TPO. By letter to Governing Board Chairman Larry Schultz
dated January 14, 2004, the Governor agreed to redesignate the Brevard Transportation planning
organization, now known as the Space Coast Transportation Planning Organization. That redesignation
was agreed to and memorialized by virtue of the Interlocal Agreement for Creation of the Brevard
Transportation planning organization recorded on February 21, 2005, in Official Records Book 5425,
Page 144, Public Records of Brevard County, Florida, and re-recorded on May 12, 2006, in Official
Records Book 5644, Page 5967, Public Records of Brevard County, Florida.
Section 3.02. Establishment of TPO. The TPO for the metropolitan planning area as described in
the membership apportionment plan approved by the Governor is hereby reaffirmed pursuant to this
Interlocal Agreement to carry out the purposes and functions set forth in Articles 2 and 5, 23 U.S.C.
§134, 49 U.S.C. §5303, and Section 339.175, Florida Statutes. The legal name of this Transportation
planning organization is the Space Coast Transportation Planning Organization.
Section 3.03. Boundaries of TPO. By letter to TPO Governing Board Chairman Jerry Allender
dated July 6, 2013, the Governor agreed to the boundaries of the Space Coast Transportation Planning
Organization, as including all of Brevard County, Florida. Given that the metropolitan statistical area
for Brevard County includes all of Brevard County, the boundaries for the TPO are supported by the
provisions of Section 339.175(2)(b), Florida Statutes. Consequently, the jurisdictional boundaries of the
Space Coast Transportation Planning Organization consists of all of Brevard County, Florida.
Section 3.04. TPO to operate pursuant to law. In the event that any election, referendum, approval,
permit, notice, other proceeding or authorization is required under applicable law to undertake any
power, duty, or responsibility hereunder, or to observe, assume, or carry out any of the provisions of this
Interlocal Agreement, the TPO will, to the extent of its legal capacity, comply with all applicable laws
and requirements.
Section 3.05. Governing board to act as policy-making body of TPO. The governing board
established pursuant to Section 4.01 of this Interlocal Agreement shall act as the policy-making body for
the TPO, and will be responsible for coordinating the cooperative decision-making process of the TPO's
actions, and will take required actions as the TPO.
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Section 3.06. Data, reports, records, and other documents. Subject to the right to claim an
exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each
other such data, reports, records, contracts, and other documents in its possession relating to the TPO as
is requested. Charges are to be in accordance with Chapter 119, F.S.
Section 3.07. Rights of review. All parties to this Interlocal Agreement and the affected federal
funding agencies (e.g., FHWA, FTA, and FAA) shall have the rights of technical review and comment
on TPO's projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Composition and membership of goyemin bo oard.
(a) The membership of the TPO shall consist of nineteen voting members and one non-voting
advisor. The names of the member local governmental entities and the voting apportionment of the
governing board as approved by the Governor shall be as follows:
Brevard County
Canaveral Port Authority
City of Cape Canaveral
City of Cocoa
City of Cocoa Beach
City of Indian Harbour Beach
City of Melbourne
City of Palm Bay
City of Rockledge
City of Satellite Beach
City of Titusville
City of West Melbourne
Town of Indialantic
Town of Melbourne Beach
Florida Department of Transportation
5 representatives' r
1 representative
1 shared representatives
1 representative
1 shared representative2 s
I shared representative3 r
3 representatives4 s
3 representatives
1 representative
1 shared representative -3r
2 representatives
1 representative
1 shared representative3 r
1 shared representative3 r
1 non-voting advisors r
1 r The Brevard County Board of County Commissioners also represent Space Coast Area Transit
("SCAT"), an agency which operates a major mode of transportation, Titusville -Cocoa Airport District and the
Titusville -Cocoa Airport Authority ("TICO"), and Valkaria Airport.
2/ The City of Cape Canaveral and the City of Cocoa Beach have formed the North Beaches Coalition, and
pursuant to Section 339.175(4)(b), Florida Statutes (2014), share one voting delegate on the TPO Governing
Board.
3 I The City of Indian Harbour Beach, the City of Satellite Beach, the Town of Indialantic, and the Town of
Melbourne Beach have formed the South Beaches Coalition, and pursuant to Section 339.175(4)(b), Florida
Statutes (2014), share one voting delegate on the TPO Governing Board.
4/ The City of Melbourne also represents the City of Melbourne Airport Authority. One City Council
member appointed by the City of Melbourne must also serve on the Governing Board of the City of Melbourne
Airport Authority.
5-1 The Florida Department of Transportation is a party to this Interlocal Agreement pursuant to Section
339.175(2)(b), Florida Statutes (2014). The Florida Department of Transportation is a not a member of the TPO
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Governing Board but serves as a non-voting advisor pursuant to Section 339.175(4)(a), Florida Statutes (2014).
(b) All voting representatives shall be elected officials of general purpose local governments, except
to the extent that the TPO includes, as part of its apportioned voting membership, a member of a
statutorily authorized planning board, 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, a municipality or consortium of municipalities, or authority, shall first be selected by said
governing board. In the case of the Cities of Satellite Beach and Indian Harbour Beach, and the
Towns of Indialantic and Melbourne Beach, these municipalities have created a consortium that has
been allocated one (1) vote on the TPO Governing Board. The voting delegate shall be alternated
among the four (4) municipalities as provided in the Interlocal Agreement with Respect to Voting
Representation on the Space Coast Transportation Planning Organization for the South Beaches
Coalition recorded on December 12, 2013, in Official Records Book 7029, Page 2904, Public
Records of Brevard County, Florida, between the four (4) municipalities. In the case of the Cities of
Cocoa Beach and Cape Canaveral, these municipalities have created a consortium that has been
allocated one (1) vote on the TPO Governing Board. The voting delegate shall be alternated among
the two (2) municipalities as provided in the Interlocal Agreement with respect to Voting
Representation on the Space Coast Transportation Planning Organization [for the North Beaches
Coalition] recorded on March 7, 2013, in Official Records Book 6819, Page 912, Public Records of
Brevard County, Florida, between the two municipalities.
(c) All five members of the Board of County Commissioners shall be members of the TPO
Governing Board.
(d) In the event that a governmental entity that is a member of the TPO fails to fill an assigned
appointment to the TPO within sixty days after notification by the Governor of its duty to appoint a
representative, that appointment shall then be made by the Governor from the eligible individuals of
that governmental entity.
Section 4.02. Terms. The term of office of members of the TPO shall be four years. The membership
of a member who is a public official automatically terminates upon said official leaving the elective or
appointive office for any reason, or may be terminated by a majority vote of the total membership of the
governmental entity represented by the member. A vacancy shall be filled by the original appointing
entity. A member may be appointed for one or more additional four year terms, except in the case of the
shared membership of the consortium of the Cities of Satellite Beach and Indian Harbour Beach and the
Towns of Indialantic and Melbourne Beach and in the case of the shared membership of the consortium
of the Cities of Cocoa Beach and Cape Canaveral. The procedure for the designation of the TPO
representative shared by the Cities of Satellite Beach and Indian Harbour Beach and the Towns of
Indialantic and Melbourne Beach shall be as set forth in the Interlocal Agreement with Respect to Voting
Representation on the Space Coast Transportation Planning Organization for the South Beaches
Coalition between the City of Satellite Beach, the City of Indian Harbour Beach, the Town of Melbourne
Beach and the Town of Indialantic recorded on December 12, 2013, in Official Records Book 7029,
Page 2904, Public Records of Brevard County, Florida. The procedure for the designation of the TPO
representative shared by the Cities of Cape Canaveral and Cocoa Beach shall be as set forth in the
Interlocal Agreement with respect to Voting Representation on the Space Coast Transportation Planning
Organization [for the North Beaches Coalition] recorded on March 7, 2013, in Official Records Book
6819, Page 912, Public Records of Brevard County.
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ARTICLE 5
AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The TPO shall have all authorities, powers and duties, enjoy all rights,
privileges, and immunities, exercise all responsibilities and perform all obligations necessary or
appropriate to managing a continuing, cooperative, and comprehensive transportation planning process
as specified in Section 339.175(5) and (6), Florida Statutes.
Section 5.02. Specific authority and powers. The TPO shall have the following powers and authority:
(a) As provided in Section 339.175(6)(g), F.S., the TPO may employ personnel and/or may enter
into contracts with local or state agencies and private planning or engineering firms to utilize the
staff resources of local and/or state agencies;
(b) As provided in Section 163.01(14), F.S., the TPO may enter into contracts for the performance of
service functions of public agencies;
(c) As provided in Section 163.01(5)6), F.S., the TPO may acquire, own, operate, maintain, sell, or
lease real and personal property;
(d) As provided in Section 163.01(5)(m), F.S., the TPO may accept funds, grants, assistance, gifts or
bequests from local, state, and federal resources;
(e) The TPO 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
(f) The TPO shall have such powers and authority as specifically provided in Section 163.01 and
Section 339.175(5) and (6), F.S., and as may otherwise be provided by federal or state law.
Section 5.03. Duties and responsibilities. In addition to those duties and responsibilities set forth in
Article 2, the TPO shall have the following duties and responsibilities:
(a) As provided in Section 339.175(6)(d), F.S., the TPO shall create and appoint a Technical
Advisory Committee;
(b) As provided in Section 339.175(6)(e), F.S., the TPO shall create and appoint a Citizens'
Advisory Committee;
(c) As provided in Section 163.01(5)(0), F.S., the TPO membership shall be jointly and severally
liable for liabilities, and the TPO 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 G overning Board;
(d) As provided in Section 339.175(9), F.S., the TPO shall establish an estimated budget which shall
operate on a fiscal year basis consistent with any requirements of the UPWP;
(e) The TPO, in cooperation with the Department, shall carry out the metropolitan transportation
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planning process as required by Title 23 CFR Parts 420 and 450, and Title 49 CFR Part 613,
Subpart A, and consistent with Chapter 339, F.S., and other applicable state and local laws;
(f) As provided in Section 339.175(10)(a), F.S., the TPO shall enter into agreements with the
Department, operators of public transportation systems and the metropolitan and regional
intergovernmental coordination and review agencies serving the metropolitan area. These
agreements will prescribe the cooperative manner in which the transportation planning process
will be coordinated and included in the comprehensively planned development of the area;
(g) The TPO, as appropriate, shall execute agreements with other transportation planning
organizations to foster the planning and coordination of regional transportation facilities and
services;
(h) Prepare the Long -Range Transportation Plan;
(i) In cooperation with the Department, prepare the Transportation Improvement Program;
(j) In cooperation with the Department, prepare and bi-annually update the Unified Planning Work
Program;
(k) Prepare a congestion management system for the metropolitan area;
(1) Assist the Department in mapping transportation planning boundaries required by state or federal
law;
(m)Assist the Department in performing its duties relating to access management, functional
classification of roads, and data collection;
(n) Perform such other tasks presently or hereafter required by state or federal law;
(o) Execute certifications and agreements necessary to comply with state or federal law; and
(p) Adopt operating by-laws and procedures.
ARTICLE 6
FUNDING; INVENTORY REPORT; RECORD-KEEPING
Section 6.01. Funding. The Department shall allocate to the TPO for its performance of its
transportation planning and programming duties, an appropriate amount of federal transportation
planning funds consistent with the approved planning funds formula.
Section 6.02. Inventory re ort. The TPO agrees to inventory, to maintain records of and to insure
proper use, control, and disposal of all non -expendable tangible property acquired pursuant to funding
under this Interlocal Agreement. This shall be done in accordance with the requirements of Title 23
CFR Part 420, Subpart A, Title 49 CFR Part 18, Subpart C, and all other applicable federal regulations.
Section 6.03. Record-keeping and document retention. The Department and the TPO shall prepare and
retain all records in accordance with the federal and state requirements, including but not limited to 23
CFR Part 420, Subpart A, 49 CFR Part 18, Subpart C, 49 CFR 18.42, and Chapter 119, Florida Statutes.
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Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers,
letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public
agency the party shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
Department in order to perform the services being performed by the party.
(b) Provide the public with access to public records on the same terms and conditions that the
Department would provide the records and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the Department all
public records in possession of the party upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the Department in
a format that is compatible with the information technology systems of the Department.
ARTICLE 7
MISCELLANEOUS PROVISIONS
Section 7.01. Constitutional or statutory duties and responsibilities of parties. This Interlocal
Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of
any of the parties. In addition, this Interlocal 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 Interlocal Agreement or any legal or
administrative entity created or authorized by this Interlocal Agreement, in which case this performance
may be offered in satisfaction of the obligation or responsibility.
Section 7.02. Amendment of Interlocal Agreement. Amendments or modifications of this Interlocal
Agreement may only be made by written agreement signed by all parties hereto with the same
formalities as the original Interlocal Agreement. No amendment may alter the apportionment or
jurisdictional boundaries of the TPO without approval by the Governor.
Section 7.03. Continuation of existing entitx. This Interlocal Agreement does not create a new
transportation planning organization or other legal entity. The provisions appearing in this Interlocal
Agreement, so far as they are substantially the same as those of provisions existing prior to the adoption
of this Interlocal Agreement, shall be considered as continuations thereof and not as new enactments.
Nothing in this Interlocal Agreement shall be construed to repeal or otherwise affect the validity of any
of the previous acts of the Space Coast Transportation Planning Organization, and this Agreement is a
revision and restatement of the Interlocal Agreement recorded on February 21, 2005, in Official Records
Book 5425, Page 144, Public Records of Brevard County, Florida, and re-recorded on May 12, 2006, in
Official Records Book 5644, Page 5967, Public Records of Brevard County. This Interlocal Agreement
shall not affect any prior decision or action of the TPO with regard to: (1) The promise or guarantee of
the payment of money by the TPO, or any evidence of the TPO's indebtedness or any contract,
Res 2014-07 FORM 525-010-01
POLICY PLANNING
Exhibit "A" Pagel 1 of 27
agreement, lease, deed or other instrument or obligation by the TPO; (2) Any right granted by the TPO;
(3) Any determination or action establishing positions, classifying positions and setting salaries of TPO
officers or employees; (4) Any determination or action establishing any personnel regulations; (5) Any
appropriation by the TPO Governing Board; or (6) Any other action of the TPO. All previous actions of
the TPO are hereby reconfirmed.
Section 7.04. Duration, withdrawal procedure.
(a) Duration. This Interlocal Agreement shall remain in effect until terminated by the parties to this
Interlocal Agreement; provided, however, that by no later than 2024 and at least every five (5)
years thereafter following the decennial census, the Governor shall examine the composition of
the TPO membership and reapportion it as necessary to comply with Section 339.175, Florida
Statutes, as appropriate. During examination of the TPO apportionment every five (5) years by
the Governor, this Agreement shall be reviewed by the TPO and the Department to confirm the
validity of the contents and to recommend amendments, if any, that are required.
(b) Withdrawal procedure. Any party, except the Brevard Board of County Commissioners and the
United States Bureau of the Census designated largest incorporated city, may withdraw from this
Interlocal Agreement after presenting in written form a notice of intent to withdraw to the other
parties to this Interlocal Agreement and the TPO, at least 90 days prior to the intended date of
withdrawal. Upon receipt of the intended notice of withdrawal:
(1) The withdrawing member and the TPO shall execute a memorandum reflecting the
withdrawal of the member and alteration of the list of member governments that are
signatories to this Agreement. The memorandum shall be filed in the Office of the Clerk of
the Circuit Court of each county in which a party hereto is located; and
(2) The TPO Shall contact The Office of the Governor, and the Governor, with the agreement of
the remaining members of the TPO, shall determine whether any reapportionment of the
membership shall be appropriate. The Governor and the TPO shall review the previous TPO
designation, applicable federal, Florida and local law, and TPO rules for appropriate revision.
In the event that another entity is to accorded membership in the place of the member
withdrawing from the TPO, the parties acknowledge that pursuant to 23 CFR §450.310(1)(2),
adding membership to the TPO does not automatically require redesignation of the TPO. In
the event that a party who is not a signatory to this Interlocal Agreement is afforded
membership in the TPO, membership shall not become effective until this interlocal
Agreement is amended to reflect that the new member has joined the TPO.
Section 7.05. Notices. All notices, demands and correspondence required or provided for under this
Agreement shall be in writing and delivered in person or dispatched by certified mail, postage prepaid,
return receipt requested. Notice required to be given shall be addressed as follows:
Space Coast TPO Chairman
Brevard County Governmental Center
2725 Judge Fran Jamieson Way
Building B, MS #82
Melbourne, Florida 32940
Res 2014-07 POLICY PLANNING
Exhibit "An Page 12 of/27
A party may unilaterally change its address or addressee by giving notice in writing to the other parties
as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address.
Section 7.06. Interpretation.
(a) Drafters of the Interlocal Agreeing . The Department and the members of the TPO were each
represented by or afforded the opportunity for representation by legal counsel and participated in
the drafting of this Agreement and in choice of wording. Consequently, no provision hereof
should be more strongly construed against any party as drafter of this Interlocal Agreement.
(b) Severability. Invalidation of any one of the provisions of this Interlocal Agreement or any part,
clause or word, or the application thereof in specific circumstances, by judgment, court order, or
administrative hearing or order shall not affect any other provisions or applications in other
circumstances, all of which shall remain in full force and effect; provided, that such remainder
would then continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Interlocal Agreement, the following rules of
construction shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.07. Enforcement by parties hereto. In the event of any judicial or administrative action to
enforce or interpret this Interlocal Agreement by any party hereto, each party shall bear its own
attorney's fees in connection with such proceeding.
Section 7.08. Interlocal Agreement execution; Use of counterpart signature_ pages. This Interlocal
Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each
of which so executed shall be deemed to be an original, and such counterparts together shall constitute
one and the same instrument.
Section 7.09. Effective date; Cost of recordation.
(a) Effective date. Pursuant to Sections 163.01(11) and 339.175(2)(b), Florida Statutes, because this
Interlocal Agreement creates a separate legal entity which maintains its principal place of
business in Brevard County, this Interlocal Agreement shall become effective upon its filing in
the Office of the Clerk of the Circuit Court of Brevard County. Any amendment hereto shall
become effective only upon its filing in the Office of the Clerk of the Circuit Court for each
county in which a party hereto is located. The provisions of this Section 7.09 are remedial to the
date of recording of the original Interlocal Agreement for Creation of the Brevard Transportation
planning organization recorded on February 21, 2005, in Official Records Book 5425, Page 144,
Public Records of Brevard County, Florida, and re-recorded on May 12, 2006, in Official
Records Book 5644, Page 5967, Public Records of Brevard County.
(b) Recordation. The Space Coast Transportation Planning Organization hereby agrees to pay for
any costs of recordation or filing of this Agreement in the Office of the Clerk of the Circuit
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 13 of 27
Court. In accordance with Section 163.01(l 1), Florida Statutes (2014), where the parties to the
Interlocal Agreement are in multiple counties, the Interlocal Agreement and any amendments
thereto may be filed with the clerk of the circuit court in the county where the administrative
entity maintains its principal place of business, which for the purposes of the Space Coast
Transportation Planning Organization and this Interlocal Agreement is Brevard County. The
recorded or filed original hereof, or any amendment, shall be returned to the TPO for filing in its
records.
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of
the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
BREVARD COUNTY
BOARD OF COUNT COMMISSIONERS
Mary Bolin Lewd, Chairman
As aper a#,d V4 Board
ofi
Item #,
ATTEST;
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 14 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 15 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization. -
Signed, Sealed and Delivered in the presence of -
CITY OF CAPE CANAVERAL, FLORIDA,
a Florida Municipal Corporation
L9 "--' L� _
David L. Greene, City Manager
Attest:;,
Angela M. Apperson" MMC, City Clerk
(CITY SEAL)
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 16 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of
the referenced legal entities and hereby re-establish the above designated Space Coast Transportation Planning
Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF COCOA, FLORIDA,
a Florida Municipal Corporation
Titanlch, AICP, City Manager
«ye'tl i1 f1j1 jl
Attest:
4JoClark, City C1; k -
(CITY SEAL) r
Res 2014-07 interlocal Agreement
Exhibit "A" Page 17 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF COCOA BEACH, FLORIDA,
a Fkr*la Municipal Corporation Attest:
ty NMager Loredana Mala he , CitC1erk
(CITY SEAL)
Interlocal Agreement
Res 2014-07 page 18 of 27
Exhibit "A"
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF INDIAN HARBOUR BEACH,
FLORIDA, a Florida Municipal Corporation
Mark Ryan, City Manag
Attest:
r..
Deborah Maliska, City C 11 rk
(CITY SEALI)
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 19 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF MELBOURNE, FLORIDA,
a Flo 'da Municipal orporation
' J.-tj
'chael A. McNees, City Manager
Attest:
Cathleen A. Wysor, City
(CITY SEAL)
•,a.r•eID
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 20 of 27
IN WITNESS WHEREOF, the undersigned parities have executed this interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF PALM BAY, FLORIDA,
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 21 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF ROCKLEDGE, FLORIDA,
a Florida Municipal Corporation
C
J es P. McKnight, City ana er
Attest:
B4tv, Ci
lerl,; r
J 3%
(CitySeal)
'a_, r
_, .•+
.,tom, '
.._
Res 2014-07 Interlocal Agreement
Exhibit "A" page 22 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization,
Signed, Sealed and Delivered in the presence of:
CITY OF SATELLITE BEACH, FLORIDA,
a Florida tri 1 Corporation
Z/(
Courtney Barker, City Manager
Attest:
eonor M.' Olexa, City Clerk
(City Seal)
i A
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 23 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF TITUSVILLE, FLORIDA,
a Florida Municipal Corporation
Tom Abbate, Interim City Manager
Attest:
Wanda F. Wells, City Clerk
Res 2014-07 Interlocal Agreement
Exhibit "A" page 24 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
CITY OF WEST MELBOURNE, FLORIDA,
a Florida Municipal Corporation
Scott Morgan, City Manager
Attest:
6ba +!t ;'r
P r.
Sue Frank, CrtiClerk
City Seal , ,. � - '
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 24 of 26
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
TOVV�INDIALANTIC, LgRIDA,
a Flo da unicipal Corvo tion Attest:
i
ger Lura Eaton, Town Clerk
(Town Seal)
kc
Res 2014-07 Interlocal Agreement
Exhibit "A" Page 26 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
Signed, Sealed and Delivered in the presence of:
TOWN OF MELBOURNE BEACH, FLORIDA,
a Florida Municipal Corporation Attest:
Ja s Simmons, Mayor
Res 2014-07 Interlocal Agreement
Exhibit "A" page 27 of 27
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on
behalf of the referenced legal entities and hereby re-establish the above designated Space Coast Transportation
Planning Organization.
FLORIDA DEPARTMENT OF
TRANSPORTATION