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HomeMy Public PortalAboutInterlocalagreement - 01/01/2016 (2)City of Crestview City Clerk Coversheet Doc 11Ij 111 11 1A1111,1111j1111 Ill 111 Interlocal Agreement Year 11 2016 II * 5/3/2019 15;.,54 TT,q 22(4 P,«ge ; 21 06 26 :,01.5 AX1 PEC'CR,TONC. j' 3C 5C ;EC:CR:ANC INTERLOCAL AGREEMENT FOR C OKALOOSA-WALTON TRANSPORTATION P THIS INTERLOCAL AGREEMENT for the formation of a Metropolitan Planning Organization is made and entered into on this 19th day of February 2015, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTIES OF OKALOOSA, and WALTON; and CITIES OF CRESTVIEW, FORT WALTON BEACH, DESI1N, VAI,PARAISO, NICEVILLE, MARY ESTHER, DEFUNIAK SPRINGS, and FREEPORT, 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 21m Century Act (MAP-21) and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; 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 designate a Metropolitan Planning Organization; WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the metropolitan planning process as the Okaloosa-Walton Transportation Planning Organization for the Fort Walton Beach -Navarre -Wright urbanized area, herein after referred to as "the Transportation Planning Organization" or "the TPO". Further, the parties approved by votes an apportionment and a boundary plan for presentation to the Governor on the 19th day of September 2013 and on the 5th day of December 2013, respectively; WHEREAS, pursuant to Section 339.175(4), F.S., the Governor, by letter dated the 3rd day of April 2014, approved the apportionment and boundary plan submitted by the FPO; WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the 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, this Interlocal Agreement is required to create the Transportation Planning Organization and delineate the provisions for operation of the TPO; Okaloosa-Walton TPO Interlocal Agreement Page 2 of 22 WHEREAS, the undersigned parties have determined that this Interlocal Agreement 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, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Interlocal Agreement. Section 1.02. 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, F.S. 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 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 TPO planning authority. MPO means and refers to the Metropolitan 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. TPO means and refers to the Transportation Planning Organization formed pursuant to this Interlocal Agreement as the MPO for the Fort Walton Beach -Navarre -Wright Urbanized Area. Transportation Improvement Program (TIP) is the staged multi -year program of transportation improvement projects developed by a TPO consistent with the Long Range Transportation Plan, ekaloosa-Wairon TPO Interlace! Agreement Page 3 of 22 developed pursuant to 23 USC § 134(j), 49 USC §5303, 23 CFR §450.324 and Section 339.175(8), F.S. Unified Planning Work Program (UPWP) is the biennial program developed in cooperation with the Department and public transportation providers, that identifies the planning priorities and activities to be carried out within a metropolitan planning area to be undertaken during a 2-year period, together with a complete description thereof and an estimated budget, all as required by 23 CFR §450.308, and Section 339.175(9), F.S. 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 prograrns, 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; OKatoosa-Walton TPO Interlocal Agreement Page 4 of 22 (e) A congestion management process for the metropolitan area and coordinated development of all other transportation management systems required by state or federal law; (I) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (g) Supporting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (h) Performing such other tasks required by state or federal law. Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans. Chapter 334, F.S., grants broad authority for the Department's role in transportation. Section 334.044, F.S., includes the legislative intent declaring that the Department shall be responsible for coordinating the planning of a safe, viable, and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, 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. Establishment of TPO. The TPO for the metropolitan planning area as described in the membership apportionment plan approved by the Governor is hereby created and established pursuant to this Interlocal Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this Transportation Planning Organization shall be Okaloosa-Walton Transportation Planning Organization. Section 3.02. 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 3.03. 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. Section 3.04. Data, reports, records, and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each other such data, reports, records, contracts, and other documents in its possession relating to the TPO as is requested. Charges are to be in accordance with Chapter 119, F.S. Okaloosa-Walton TPO Interiacal Agreement Page 5 of 22 Section 3.05. 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 governing board. (a) The membership of the TPO shall consist of nineteen (19) voting members and five (5) non- voting advisors. 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: Voting Members — Nineteen (19) members apportioned as follows: • 4 members Okaloosa County Commission, • 3 members Walton County Commission, • 3 members City of Crestview City Council, • 2 members City of Fort Walton Beach City Council, • 2 members City of Destin City Council, • I member City of Valparaiso City Commission, • 1 member City of Niceville City Council, • 1 member City of Mary Esther City Council, • 1 member City of DeFuniak Springs City Council, and • 1 member City of Freeport City Council. Non -Voting Members — Florida Department of Transportation District Secretary, Egl in Air Force Base Encroachment Committee Representative, Okaloosa County School Board Representative, Walton County School Board Representative and Navarre area Santa Rosa County Commissioner. The TPO may appoint other non -voting member as deemed necessary. (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 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) The voting membership of the TPO shall consist of not fewer than 5 or more than 25 apportioned members, the exact number to be determined on an equitable geographic -population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations and shall be in compliance with 339.175(3) F.S. (d) In the event that a governmental entity that is a member of the 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, the appointment shall then be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the TPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the Okaloosa-Wauon TPO Interlocal Agreement Page 6 of 22 elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The 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), F.S. 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)(j), 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)(o), 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 governing 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; Okaloosa-Walton TPO Intenocal Agreement Page 7 of 22 (e) The TPO, in cooperation with the Department, shall carry out the metropolitan transportation 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) (h) 0 Perform such other tasks presently or hereafter required by state or federal law; Execute certifications and agreements necessary to comply with state or federal law; and Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD -KEEPING Section 6.01. Funding. The Department shall allocate to the TPO for performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds consistent with the approved planning funds formula. Section 6.02. Inventory report. The TPO 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 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 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, F.S. Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public agency the party shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the party. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by 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 OKa oosa-Walton TPO Interlocal Agreement Page B of 22 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 here to 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. Duration; withdrawal procedure. (a) Duration. This Interlocal Agreement shall remain in effect until terminated by the parties to this Interlocal Agreement. The Interlocal Agreement shall be reviewed by the parties at least every five years, concurrent with the decennial census, and/or concurrent with a new Federal Reauthorization bill, and updated as necessary. (b) Withdrawal procedure. Any party, except Fort Walton Beach in the urbanized area and Crestview in the urban cluster, 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 Interlocal 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 is appropriate. The Governor and the TPO shall review the previous TPO designation, applicable federal, state and local law, and TPO rules for appropriate revision. In the event that another entity is to afforded membership in the place of the member withdrawing from the TPO, the parties acknowledge that pursuant to Title 23 CFR §450.310(l)(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. Okatoosa-Walton TPO Interfocal Agreement Page 9 of 22 Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Interlocal 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: • Okaloosa-Walton Transportation Planning Organization P.O. Box 11399 Pensacola, FL 32524-1399 • Okaloosa County Board of County Commissioners 1804 Lewis Turner Boulevard, Suite 100 Fort Walton beach, FL 32547 • Walton County Board of County Commissioners P.O. Box 1260 DeFuniak Springs, FL 32435 • City of Crestview P.O. Box 1209 Crestview, FL 32536 City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 • City of Destin 4200 Indian Bayou Trail Destin, FL 32541 City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL 32580 • City of Niceville 208 North Partin Drive Niceville, FL 32578 • City of Mary Esther 195 Christobal Road N Mary Esther, FL 32569 • City of DeFuniak Springs P.O. Box 685 DeFuniak Springs, FL 32435 • City of Freeport P.O. Box 339 Freeport, FL 32439 Florida Department of Transportation Okaloosa-Walton TPO Inleriocal Agreement Page 10 o122 P.O. Box 607 Chipley, FL 32428-9990 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Interpretation. (a) Drafters of the Interlocal Agreement. 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 Interlocal Agreement and in choice of wording. Consequently, no provision 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 7.06. 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 costs and attorney's fees in connection with such proceeding. Section 7.07. 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 7.08. Effective date; Cost of recordation. (a) Effective date. This Interlocal Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) Recordation. The TPO hereby agrees to pay for any costs of recordation or filing of this Interlocal Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The recorded or filed original, or any amendment, shall be returned to the TPO for filing in its records. Okaloosa-Watton TPO interacat Agreement Page it 0122 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby establish the above designated TPO. Signed, Sealed and Delivered in the presence of: -WALTON TRANSPORTATION PLANNING ORGANIZATION TITL eil t," tmsr 4A, „ • 1:4 • "1r1111:' • \ Nit ‘'q c sac (SEAL) .tr • . • ? ',f! o/tei-Ti9 Okoloosa-Wallin TPO Imelda* Agrownint Page 12 of 22 OKA1.00 TY COMMISSIONERS BY: TITLE: NATHAN D. BOYLES, CI IAIRMAN ATTEST: TITLE: (SEAL) Okaloosa County BCC approval on April 7 , 2015. d Meloose-Welton TPO Intertecel Agreement Pegs 13 of 22 WALTON CO TY BOARD OF COUNTY COMMISSIONERS u (Tt. ii BY: TITLE: ATTEST: TITLE: (SEAL) t 'I I Y IIY: I JILL: A l' FI1S ESIVIEW (SEAL) • • • . \•• •• • ' • • • - • • . vtr .4+ c .1•• L- • - '. • • • ...... . • ' iCkfuc it..or St.) 9'fri.,:rtV P4I.T .4 al r2 CITY OF FOR4AI;TO BEACH BY: TI*I'LE: A TEST: TITLE: 01,algocii TPQ iniefiacm Avf "„it Page 15 a 2:2 Okataosa-Walton TPO Intenccat Agreement Page t G of 22 CITY F DESTIN BY: L I,{ a r! r,;174%1 7 TITLE: ATTES--T4 .› TITLE: l',7+-/• r• � • (SEAti).' C""4C ►3 1.• r • fr (.6nt , CITY OF VALPA SD BY: 1TTLE: ATTEST TITLE: (SEAL) 4%r { �' f y% r l i l) Oxelama-Walton TPO Interlocal Agreement Page 17 of 22 CITY 0' NICEVILLF B Y: TITLE: �R ATTEST v .4 •r L TITt cy Okiloo►o-Wd1W+ TPO Inlorfocal Apnsmori Pogo 18 of 22 Okavoa941 Walton T1.0 lnlorlocol Agre+,morr Pogo 19 of?? C Y OF MARY E 11F, BY: TITLE: in d�C ,„ �± , ON a, 1.11,1. II 11'0 114,0' .:41A9,i :1%; 0 IN ( 2.1.1i•11 13Y• TITLE: AT rEsT ph/ (ye,„-k ...... Okalooa-Walton TPO tntertocal Agreement Pape 27 o122 CI O FRGEPQRT BY: TITLE: ATTEST: TITI.E: •(SEA'L)•.. PI.0 D � FLORIDA DEPARTMENT OF TRANSP9RTATION BY: E: 1 iTLE: Oeetoos-Welton TPO tntaflocal Agreement Papa 22 of 12 k Okaloosa-Walton TPO Interlace! Agreement Page 1 of 22 INTERLOCAL AGREEMENT FOR CREATION OF THE OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT for the formation of a Metropolitan Planning Organization is made and entered into on this 19th day of February 2015, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTIES OF OKALOOSA, and WALTON; and CITIES OF CRESTVIEW, FORT WALTON BEACH, DESTIN, VALPARAISO, NICEVILLE, MARY ESTHER, DEFUNIAK SPRINGS, and FREEPORT, 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 st Century Act (MAP-21) and Section 339.175, Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; 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 designate a Metropolitan Planning Organization; WHEREAS, pursuant to this Interlocal Agreement, the parties wish to collectively participate in the metropolitan planning process as the Okaloosa-Walton Transportation Planning Organization for the Fort Walton Beach -Navarre -Wright urbanized area, herein after referred to as "the Transportation Planning Organization' or "the TPO". Further, the parties approved by votes an apportionment and a boundary plan for presentation to the Governor on the 19t day of September 2013 and on the 5th day of December 2013, respectively; WHEREAS, pursuant to Section 339.175(4), F.S., the Governor, by letter dated the 3rd day of April 2014, approved the apportionment and boundary plan submitted by the TPO; WHEREAS, pursuant to Title 23 CFR §450.314(a), and Section 339.175(10), F.S., an agreement must be entered into by the Department, the 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, this Interlocal Agreement is required to create the Transportation Planning Organization and delineate the provisions for operation of the TPO; Okaloosa-Walton TPO Interlocal Agreement Page 2 of 22 WHEREAS, the undersigned parties have determined that this Interlocal Agreement 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, THEREFORE, in consideration of the mutual covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. Recitals. Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Interlocal Agreement. Section 1.02. 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, F.S. 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 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 TPO planning authority. MPO means and refers to the Metropolitan 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. TPO means and refers to the Transportation Planning Organization formed pursuant to this Interlocal Agreement as the MPO for the Fort Walton Beach -Navarre -Wright Urbanized Area. Transportation Improvement Program (TIP) is the staged multi -year program of transportation improvement projects developed by a TPO consistent with the Long Range Transportation Plan, Okaloosa-Walton TPO Interlocal Agreement Page 3 of 22 developed pursuant to 23 USC §134(j), 49 USC §5303, 23 CFR §450.324 and Section 339.175(8), F.S. Unified Planning Work Program (UPWP) is the biennial program developed in cooperation with the Department and public transportation providers, that identifies the planning priorities and activities to be carried out within a metropolitan planning area to be undertaken during a 2-year period, together with a complete description thereof and an estimated budget, all as required by 23 CFR §450.308, and Section 339.175(9), F.S. 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 form 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; Okaloose-Walton TPO Interlace] Agreement Page 4 of 22 (e) A congestion management process for the metropolitan area and coordinated development of all other transportation management systems required by state or federal law; (f) Assisting the Department in mapping transportation planning boundaries required by state or federal law; (g) Supporting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and (h) Performing such other tasks required by state or federal law. Section 2.03. Coordination with the Department and Consistency with Comprehensive Plans. Chapter 334, F.S., grants broad authority for the Department's role in transportation. Section 334.044, F.S., includes the legislative intent declaring that the Department shall be responsible for coordinating the planning of a safe, viable, and balanced state transportation system serving all regions of the State. Section 339.155, F.S., requires the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, 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. Establishment of TPO. The TPO for the metropolitan planning area as described in the membership apportionment plan approved by the Governor is hereby created and established pursuant to this Interlocal Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this Transportation Planning Organization shall be Okaloosa-Walton Transportation Planning Organization. Section 3.02. 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 3.03. 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. Section 3.04. Data, reports, records, and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, F.S., the parties shall provide to each other such data, reports, records, contracts, and other documents in its possession relating to the TPO as is requested. Charges are to be in accordance with Chapter 119, F.S. Okaloose-Walton TPO Interlocal Agreement Page 5 of 22 Section 3.05. 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 governing board. (a) The membership of the TPO shall consist of nineteen (19) voting members and five (5) non- voting advisors. 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: Voting Members — Nineteen (19) members apportioned as follows: • 4 members Okaloosa County Commission, • 3 members Walton County Commission, • 3 members City of Crestview City Council, • 2 members City of Fort Walton Beach City Council, • 2 members City of Destin City Council, • 1 member City of Valparaiso City Commission, • 1 member City of Niceville City Council, • 1 member City of Mary Esther City Council, • 1 member City of DeFuniak Springs City Council, and • 1 member City of Freeport City Council. Non -Voting Members — Florida Department of Transportation District Secretary, Eglin Air Force Base Encroachment Committee Representative, Okaloosa County School Board Representative, Walton County School Board Representative and Navarre area Santa Rosa County Commissioner. The TPO may appoint other non -voting member as deemed necessary. (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 or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the goveming board of the county, the city, or authority shall first be selected by said governing board. (c) The voting membership of the TPO shall consist of not fewer than 5 or more than 25 apportioned members, the exact number to be determined on an equitable geographic -population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations and shall be in compliance with 339.175(3) F.S. (d) In the event that a governmental entity that is a member of the 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, the appointment shall then be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms. The term of office of members of the TPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the Okaloosa-Wallon TPO Interlocal Agreement Page B of 22 elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms. ARTICLE 5 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The 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), F.S. 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)(j), 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)(o), 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 governing 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; Okaloosa-Walton TPO Interlocal Agreement Page 7 of 22 (e) The TPO, in cooperation with the Department, shall carry out the metropolitan transportation 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; (0 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; Perform such other tasks presently or hereafter required by state or federal law; Execute certifications and agreements necessary to comply with state or federal law; and Adopt operating rules and procedures. ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD -KEEPING Section 6.01. Funding?. The Department shall allocate to the TPO for performance of its transportation planning and programming duties, an appropriate amount of federal transportation planning funds consistent with the approved planning funds formula. Section 6.02. Inventory report. The TPO 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 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 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, F.S. Section 6.04 Compliance with laws. All parties shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Specifically, if a party is acting on behalf of a public agency the party shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the party. (b) Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by 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 Okaioosa-Walton TPO interlocal Agreement Page 9 of 22 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 here to 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. Duration; withdrawal procedure. (a) Duration. This Interlocal Agreement shall remain in effect until terminated by the parties to this Interlocal Agreement. The Interlocal Agreement shall be reviewed by the parties at least every five years, concurrent with the decennial census, and/or concurrent with a new federal Reauthorization bill, and updated as necessary. (b) Withdrawal procedure. Any party, except Fort Walton Beach in the urbanized area and Crestview in the urban cluster, 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 Interlocal 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 is appropriate. The Governor and the TPO shall review the previous TPO designation, applicable federal, state and local law, and TPO rules for appropriate revision. In the event that another entity is to afforded membership in the place of the member withdrawing from the TPO, the parties acknowledge that pursuant to Title 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. Okalooea•Walton TPO Interlocal Agreement Page 9 of 22 Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Interlocal 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: • Okaloosa-Walton Transportation Planning Organization P.O. Box 11399 Pensacola, FL 32524-1399 Okaloosa County Board of County Commissioners 1804 Lewis Turner Boulevard, Suite 100 Fort Walton beach, FL 32547 • Walton County Board of County Commissioners P.O. Box 1260 DeFuniak Springs, FL 32435 • City of Crestview P.O. Box 1209 Crestview, FL 32536 • City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 • City of Destin 4200 Indian Bayou Trail Destin, FL 32541 • City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL 32580 City of Niceville 208 North Partin Drive Niceville, FL 32578 • City of Mary Esther 195 Christobal Road N Mary Esther, FL 32569 • City of DeFuniak Springs P.O. Box 685 DeFuniak Springs, FL 32435 • City of Freeport P.O. Box 339 Freeport, FL 32439 • Florida Department of Transportation Okaloose-Walton TPO Interlocal Agreement Pape t0 of 22 P.O. Box 607 Chipley, FL 32428-9990 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Interpretation. (a) Drafters of the Interlocal Agreement. 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 Interlocal Agreement and in choice of wording. Consequently, no provision 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 7.06. 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 costs and attorney's fees in connection with such proceeding. Section 7.07. 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 7.08. Effective date; Cost of recordation. (a) Effective date. This Interlocal Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) Recordation. The TPO hereby agrees to pay for any costs of recordation or filing of this Interlocal Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The recorded or filed original, or any amendment, shall be returned to the TPO for filing in its records. Okaloosa-Walton TPO Interlocal Agreement Pape 11 of 22 IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf of the referenced legal entities and hereby establish the above designated TPO. Signed, Sealed and Delivered in the presence of OWALTON TRANSPORTATION PLANNING ORGANIZATION BY::JL�+z+E'�t TITL at Q li` ,... a h ATTEST.r-GG TITLE: �k'Qt u k V! bat._\er (SEAL) Okaloosa-Wallon TPO Interlocal Agreement Page 12 of 22 OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS BY: TITLE: ATTEST: TITLE: (SEAL) Okaloosa-Walton TPO Interlocal Agreement Page 13 of 22 WALTON COUNTY BOARD OF COUNTY COMMISSIONERS BY: TITLE: ATTEST: TITLE: (SEAL) Oitaloosa-Walton TPO Interlace! Agreement Page 14 of 22 CITY OF CRESTVIEW BY: TITLE: ATTEST: TITLE: (SEAL) .moy, TPQ inter,,cat Agfaernonl Pap) 14 of 2'2 CITY ' CRES rviEw .,:::).44.4..") t el<43Q-Q-L_, BY: TITLE: tabU A rnst, TITLE: (SEAL) eA_I RESOLUTION 15-07 A RESOLUTION OF THE CITY OF CRESTVIEW, FLORIDA, AUTHORIZING THE EXECUTION OF THE INTERLOCAL AGREEMENT FOR THE CREATION OF THE OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION. WHEREAS, The Okaloosa-Walton Transportation Planning Organization (TPO) is the organization designated by the Governor of the State of Florida as being responsible, together with the State of Florida, for carrying out the continuing cooperative and the comprehensive transportation planning process for the Okaloosa- Walton TPO Planning Area; and WHEREAS, Title 23 USC §134 and Title 49 USC §§5303-5305, as amended by the Moving Ahead for Progress in the 2Ist Century Act (MAP-21) and Section 339.175 Florida Statutes (F.S.), provide for the creation of Metropolitan Planning Organizations to develop transportation plans and programs for urbanized areas; and WHEREAS, pursuant to this interlocal agreement, the parties wish to collectively participate in the metropolitan planning process as the Okaloosa-Walton Transportation Planning Organization for the Fort Walton Beach -Navarre -Wright Urbanized Area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA THAT: The City Council of the City of Crestview authorizes the Council President or his designee to execute the interlocal agreement for the creation of the Okaloosa-Walton TPO. (Seal) Passed and duly adopted by the _Crestview City Council on this day o ATTEST: BY: BY: Elizab h Roy, City Clerk Shannon Hayes, Cott cil President , 2015.