Okaloosa County BOCC — September 15, 2015 — Original TRIP Agreement — reading text

Transportation for regionally significant projects identified in a regional transportation plan and list of project priorities. ARTICLE 2 PURPOSE Section 2.01. General Purpose. The purpose of this Agreement is to establish a regional transportation planning organization and partnership by an interlocal agreement, which complies with the 2003 amendment of Paragraph 339.175 (5)(i)(2), Florida Statutes, and Section 339.2819, Florida Statutes. (a) To establish a forum for a coordinated and cooperative regional transportation planning process for Escambia, Santa Rosa, Okaloosa, and Walton Counties; to Northwest Florida Regional Transportation Planning Organization Agreement Final - 9/'21/2005; 4:20 pm Page4of14  implement the Agreement through coordination of long range transportation plans, project priorities, and planning policies; and to begin developing alternatives for a solution to congestion and safety problems on US 98, a regionally-significant arterial roadway; (b) To identify regional transportation projects which ·improve mobility across county and metropolitan planning area boundaries and, in cooperation with the Department of Transportation, to seek funding for those projects; (c) Through cooperation with the individual, local metropolitan planning organizations, to develop and adopt regional transportation priorities for regional transportation projects. (d) To develop a regional transportation plan and list of project priorities for the purpose of soliciting funds from the Transportation Regional Incentive Program. ARTICLE 3 ORGANIZATION AND CREATION Section 3.01. Establishment of Organization. 'The Organization is hereby created and established pursuant to this Agreement to carry out the purposes and functions set forth·in Article 2. The legal name of this Organization shall be the Northwest Florida Regional Transportation Planning Organization. Section 3.02. Organization 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 Agreement, the Organization 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 Organization. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy- making body that is the forum for cooperative decision-making and will be taking the required approval action as the Organization. N orthwcst Florida Regional Transportation Planning Organization Agreement Final - 9/21/2005; 4:20 pm Page 5of14  Section 3.04. Submission of proceedings: Contracts and other documents. Subject to the right to claim an axemptkln fiom the Florida Public Records Law, Chapter 119, F!orida Statutes, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as an Organization as is requested. Charges to be in accordance with Chapter 119, Florida Statutes. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal and state agencies (i.e., FHWA, FTA, and FOOD shall have the rights of technical review and comment on Organization projects. ARTICLE 4 COMPOSITION; MEMBERSHIP: TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The governing body of the Organization shall consist of sixteen (16) representatives. The representation of members shall be distributed as follows: eight .representatives appointed by the Florida-Alabama Transportation Planning Organization, distributed as four from Escambia County and four from Santa Rosa County; and eight representatives appointed by the Okaloosa-Walton Transportation Planning Organization, distributed as four from Okaloosa County and four from Walton County. The representatives from each county may include county and municipal elected officials. Representatives shall hold elected office and be a current .member, or alternate, of the TPO. All representatives shall have voting privileges. Any Member may remove and replace the representative(s) it appointed at any time, with or without cause. Representatives of the Organization may be removed from office by the Governor for misconduct, malfeasance, misfeasance, or nonfeasance in office. (b) At the first meeting of each calendar year, the governing body of the Organization shall elect one of Its representatives as chair of the Organization who will preside over meetings, and another representative as vice chair to perform duties of the chair in his absence. The chair and vice chair shall hold offices for one-year terms, and may be eligible for reelection to successive terms. Any officer may be removed from office, with or without cause, upon majority vote of the governing body of the Organization at any duly scheduled meeting. No such removal from office of the Organization shall have the effect of removing such person as a representative; rather only the member that appointed the representative shall have such Northwest Florida Regional Transportation Planning Organization Agreement Final-912112005; 4:20 pm Page 6of14  authority. (c) Nine representatives shall constitute a quorum and the vote of nine representatives shall be necessary for any action taken by the Organization. No vacancy in the Organization shall impair the right of a quorum of the Organization to exercise all the rights and perform all of the duties of the Organization. (d) Each Member shall appoint an alternate for each representative on the governing body. Alternates shall be elected officials serving the same general-purpose local government as the representative and the alternate shall be eligible to vote when the representative is absent from meetings. (e) The non-voting representatives shall include the District Secretary, or designee, of the Florida Department of Transportation's Third District and the Chairman, or designee, of the Eglin Air force Base Encroachment Committee. Section 4.02. Terms. Notwithstanding the representation provisions of Section 4.01(a), the term of office of representatives of the Organization shall be four (4) years. The representation by a representative 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 representative. A vacancy shall be filled by the original appointing entity. A representative may be appointed for one or more additional four (4) year terms. ARTICLE 5 AUTHORITIES, POVVERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The Organization 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 regional transportation planning process. Section 5.02. Specific authority and powers. The Organization shall have the following powers and authority: Northwest Florida Regional Transportation Planning Organization Agreement Final - 912112005: 4:20 om  (a) As provided in Section 163.01(14), Florida Statutes, the Organization may enter into contracts for the performance of service functions of public agencies; (b) As provided in Section 163.01 (5)0), Florida Statutes, the Organization may acquire, own, operate, maintain, sell, or lease real and personal property; (c) As provided in Section 163.01 (S)(m), Florida Statutes, the Organization may accept funds, grants, assistance, gifts or bequests from local, State, and Federal resources; (d) The Organization 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 (e) The Organization shall have such powers and authority as specifically provided in Sections 163.01 and 339.175, Florida Statutes, and as may otherwise be provided by federal or state law. Section 5.03. Duties and responsibilities. The Organization shall have the following duties and responsibilities: (a) The Organization shall prepare and approve a regional transportation plan; (b) The Organization shall prepare and approve regional transportation policies and priorities; (c) Preparation of the regional transportation plan, policies, and priorities shall be an interactive process among the Organization, and each of the TPOs, with the Organization drafting the regional plan, policies, and priorities for tentative endorsement; forwarding the plans to the TPOs for approval; and upon receipt of TPO approval, the Organization shall issue final adoption; (d) Ali parties to this Agreement shall participate in this planning process, and share information and data requested by the Organization in order to accomplish the mutual goals of the Organization; Northwest Florida Regional Transportation Planning Organization Agreement Final - 9/21'2005; 4:20 pm Page 8of14  (e) During the process of developing regional plans, policies, and priorities, the Organization may consult the members of the TPO Technical Coordinating Committees and Citizens' Advisory Committees, for it is not the intent of the Organization to create additional advisory committees; (f) The Organization shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program and the budget · shall be included in the respective Unified Planning Work Program of each TPO; (g) In cooperation with the Department, prepare a plan to implement the approved regional transportation priorities; (h) Adopt operating rules and procedures. ARTICLE 6 STAFF TO THE ORGANIZATION Section 6.01. Staff. Based on the approval of each TPO, the Organization will retain the Transportation Division of the West Florida Regional Planning Council, which currently provides staff services to both TPOs, as the designated staff of the Organization. ARTICLE 7 FUNDING AND RECORD-KEEPING Section 7.01. Funding. The Organization shall be funded in the following manner. (a) Administrative Expenses - The Florida-Alabama TPO and Okaloosa-Walton TPO shall equally share the cost of basic administration of the