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

Organization by identifying a task in each respective, annual Unified Planning Work Program, to be funded with Federal PL (transportation planning) funds. Administrative expenses shall include: writing of agendas and minutes; preparing for meetings; providing staff support of meetings; arranging for consultan~ and speakers to attend meetings, as called for in agendas; and keeping timesheets and other records to account for time and expenses. Northwest Florida Regional Transportation Planning Organization Agreement Final - 912112005; 4:20 pm Page 9of14  (b) Additional Planning Activity Expenses - Studies and projects undertaken by the Organization, which are in addition to basic administration, shall be funded with state and federal funds. Section 7.02. Record-keeping and document retention. The Organization 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 1Bd, Subpart C, 49 CFR Section 18.42, and Chapter 119, Florida Statutes. Records of the Organization shall be retained by the West Florida Regional Planning Council. ARTICLE 8 DISPUTE RESOLUTION Section 8.01 Dispute resolution. The Organization shall use the following procedures to resolve disagreements regarding interpretation of this Agreement, disputes relating to the operation of the Organization, or disagreements regarding approval of the regional transportation plan, policies, and priorities: (a) Internal resolution - appoint a committee with representatives of all four counties, which may include members of each TPO Technical Coordinating Committee, to seek a resolution; and (b) Implement the Conflict Mediation Procedure established by the West Florida Regional Planning Council, as set forth in Rule 29A-3, Florida Administrative Code ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.01. Constitutional or statutory duties and responsibilities of parties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in Northwest Florida Regional Transportation Planning Organization Agreement Final - 912112005; 4:20 pm Page 10ofl4 which case this performance may be offered in satisfaction of the obligation or responsibility. Section 9.02. Amendment of Aareement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties here to with the same formalities as the original Agreement. Section 9.03. Duration: withdrawal procedure. (a) Duration. This Agreement shall remain in effect until tenminated by the parties to this Agreement; provided. (b) Withdrawal procedure. Either member may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement, giving recognition that withdrawal by either member terminates the Agreement and dissolves the Organization. Section 9.04. 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. Required notices shall be addressed as follows: Chairman Florida-Alabama Transportation Planning Organization P.O. Box 9759 Pensacola, FL 32513-9759 Chairman Okaloosa-Walton Transportation Planning Organization P.O. Box 9759 Pensacola, FL 32513-9759 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. Northwest Florida Regional Transportation Planning Organization Agreement Final - 9/2112005; 4:20 pm Page 11of14  Section 9.05. lnteroretation. (a) Drafters of Agreement. The members of each TPO were 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 Agreement. (b) Severability. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Agreement, 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 9.06. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceeding. Section 9.07. Agreement execution: Use of counterpart signature pages. This 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 to~ether shall constitute one and the same instrument. Northwest Florida Regional Transportation Planning Organization Agreement Final- 9!2112005; 4:20 pm Page 12of14  Section 9.08. Effective date: Cost of recordation. (a) Effective date. This 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 TPOs hereby agree to pay for any costs of recordation or Filing of this Agreement in the Office of the Circuit Court for each respective county in which a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the Organization for filing in its records. Northwest Florida Regional Transportation Planning Organization Agreement Final - 912112005; 4:20 pm Page 13of14  IN WITNESS WHcREOF. the undersigned panies have executed this lnterlocal ,lgreement on behalf of the referenced legal entities and hereby establish the above designated Organization. Sgned, Sealed and Delivered in the presence of: FLORIDA-ALABAMA TRMJSPORTATION OKALOOSA-WALTON TRANSPORTATION PLANNING ORGANIZATION PLANNING ORGANIZATION svArtf??~It !(,,.. J.D. Smith, Chairman (;.Ji< BY: Elaine Tucker, Chairman (Seal) (Seal) .A.ITEST: DATE· Soptr:>mbor 21. ?DOS Northwest Fiorica Regional Transportation Planning Organization Agreement Final - 9121/2005: 4:20 pm · Page 14 of 14 Updated 7/20112 EXHIBIT- 2 COPY OF RESOLUTION 14  RESOLUTION NO. 14-75 WHEREAS, The Transportation Regional Incentive Program was created by Florida Statute 339.2819 to provide funds to improve regionally significant transportation facilities in "regional transportation areas" pursuant to Florida Statute 339.155(5) and WHEREAS, The Okaloosa County Board of Commissioners applied for funds to design a portion of the P.J. Adams Parkway/Western Bypass from SR 85 to SR 8 (1-10) and to acquire partial right-of-way from SR 85 to Ashley Drive. Said project consisting of widening the existing roadway to four lanes for a western bypass around the city of Crestview and WHEREAS, the Florida Department of Transportation is willing to provide Okaloosa County with the financial assistance under Financial Project No. 421997-33801, 421997-34801, 421997-43801, 421997-44801, 421997-53801 and 421997-63801 hereinafter referred to as the "PROJECT", in accordance with Florida Statute 339.2819; and NOW THEREFORE BE IT RESOLVED, that the Okaloosa County Board of Commissioners hereby authorizes the chairman of the Okaloosa County Board of Commissioners to enter into the Transportation Regional Incentive Program Agreement with the Florida Department of Transportation for the P.J. Adams Parkway/Western Bypass project as referenced above. DULY PASSED AND ADOPTED in regular session on this the 1st day of April , 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ~ Charles K. Windes, Jr. CHAIRMAN \ ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT Updated 2/24/2014 Exhibit A SCOPE OF SERVICES P.J. Adams Parkway/Western Bypass Widening Project, Okaloosa County (Design: FPID's 421997-3-38-01, 421997-4-38-01, 421997-5-38-01, 421997-6-38-01) (Right-of-Way: FPID's: 421997-3-48-01, 421997-4-48-01) Project Description: The P.J. Adams Parkway/Western Bypass project (Phases I-IV) will widen and expand existing P.J. Adams Parkway/Antioch Road from a two-lane undivided roadway to a four-lane divided urban collector. The overall limits of the project are from SR 85N (South Ferdon Boulevard) to just south of the SR 8 (I-10) overpass. The project will include widening of the existing roadway from two lanes to four lanes, access management improvements, tum lane improvements at signalized and non- signalized intersections, the addition of traffic signals at the P.J. Adams/Key Lime intersection, construction of sidewalks, storm water facilities, curb and gutter, and roadway signing and striping. The project includes design and permitting for Phases 1 through 4 and right-of-way acquisition for Phases 1 and 2 as outlined below. The project shall at a minimum consist of the following as