Okaloosa County BOCC — April 1, 2014 — PJ TRIP agmnt with attachments — reading text

the parties’ knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 2 of 14 invalidate this Agreement. Section 1.03. Definitions. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: (a) “Agreement” means and refers to this instrument, as amended from time fo time, entered into according to provisions of part |, Chapter 163, Florida Statutes. (b) “Department” shall mean and refer fo the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes, (ec) “Long Range Transportation Plan” is the 20-year plan of each local metropolitan planning organization which identifies transportation facllitles; includes a financlal 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 non-attainment areas is coordinated with the State implementation Plan: all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statutes. (a) “Member” means the Florida-Alabama Transportation Planning Organization {FL-ALTPO), formerly called the Pensacola MPO, oF the Okaloosa-Walton Transportation Planning Organization (O-WTPO). : (e) “Metropolitan Planning Area” means and refers to the planning area as delineated by each TPO for the urbanized area containing at least a population of 50,000 as described in 23 USC Section 134(b)(1), 49 USC Section 5303(c)(1), and Section 339.175, Florida Statutes, which shail be subject to the TPO. () “Organization” means the body politic and corporate created pursuant to this Agreement. (g) “Regional Transportation Area” means the boundaries of the area to be covered by the regional transportation plan and list of project priorities created pursuant to the Northwest Florida Regional Transportation Planning Organization Agreement Final - 9/21/2005; 4:20 pm Page 3 of 14 Transportation Regional incentive Program. The boundaries of the regional transportation area are defined as follows: the entirety of, Escambia, Okaloosa, Santa Rosa, and Walton Counties, Florida. (h) “Regional Transportation Priorities” are those priorities for transportation projects, which are located in or affect transportation in more than one county. () “Representative” means an elected official who serves on the governing board of the Northwest Florida Regional Transportation Planning Organization. (0) “TPO” means the individual, local metropolitan planning organizations, Florida-Alabama TPO, and Okaloosa-Walton TPO,; formed pursuant to Section 339.175, Florida Statutes, for each respective designated urbanized area. (k) “Transportation Priorities" means those transportation projects selected annually by each metropolitan planning organization, written in order of priority for implementation, and submitted to the Florida Department of Transportation for use in developing the Department's Work Program, (0) “Transportation Regional Incentive Program” means a program established under Section 339.2819, Florida Statutes that provides matching funds from the Florida Department of 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)(1)(2), Florida Statutes, ahd 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 Page 4 of 14 implement the Agreement through coordination of long range transportation plans, project priorities, and planning policies; and to begin developing altematives 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 seak 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 forthin Article 2. The legal name of this Organization shall be the Northwest Florida Regional Transportation Planning Organization. Section 3,02. Organization to operate pursuanttolaw. 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 wil, fo thé extent of Its legal capacity, comply with ail applicable laws and requirements. Section 3.03. Governing board to act as policy-making -body of Oraanization, The govetning 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. Northwest Florida Regional Transportation Planning Organization Agreement Final — 9/21/2005; 4:20 pm Page 5 of 14 Section 3.04. Submission of proceedings: Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, Chapter 119, Florida 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 FDOT) 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 hald elected office and be a current.member, or alternate, of the TPO. All representatives shall have - voting priviieges. 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 chalr 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 shail 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 — 9/21/2005; 4:20 pm Page 6 of 14 authority, (ce) 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 fhe Organization. (dq) 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 fo 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 Alr 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 tofal 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, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The Organization shall have all authorities, powers and duties, enjoy ail 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 — 9/21/2005: 4:20 pm (a) _As provided in Section 463.01(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)(), Florida Statutes, the Organization may acquire, own, operate, maintain, sell, or lease real and personal property; (c) As provided in Section 163.01(5)(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, responsibllities, and obligations enumerated herein; provided, that sald 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 responsibltities: (a) | The Organization shail prepare and