2017-017 INTERLOCAL AGREEMENT BETWEEN
THE LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION(MPO),
LAKE COUNTY,FLORIDA,AND SUMTER COUNTY,FLORIDA,
AND THE MUNICIPALITIES OF ASTATULA,CLERMONT,EUSTIS,
FRUITLAND PARK,GROVELAND,HOWEY-IN-THE-HILLS,LADY LAKE,
LEESBURG,MASCOTTE,MINNEOLA,MONTVERDE,
MOUNT DORA,TAVARES,AND UMATILLA
FOR FUNDING AND IMPLEMENTATION OF THE TRANSPORTATION
MANAGEMENT SYSTEM AND FOR CREATION AND MANAGEMENT OF
A FUND FOR NON-GRANT-ELIGIBLE EXPENSES
THIS INTERLOCAL AGREEMENT entered on the date indicated below is by and
between the LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION,
hereinafter referred to as the "MPO" and LAKE COUNTY, FLORIDA, a politicial
subdivision of the State of Florida, SUMTER COUNTY, FLORIDA, a political
subdivision of the State of Florida and ASTATULA, CLERMONT, EUSTIS,
FRUITLAND PARK, GROVELAND, HOWEY-IN-THE-HILLS, LADY LAKE,
LEESBURG,MASCOTTE,MINNEOLA,MONTVERDE,MOUNT DORA,TAVARES,
AND UMATILLA, Florida municipal corporations, collectivetly referred to as the
"parties". For purposes of this Agreement, the counties and municipalies that are parties
to this Agreement are collectively referred to as"the local governments".
RECITALS
WHEREAS, the MPO was created through an interlocal agreement among Lake
County, Sumter County, and the 14 municipalities of Lake County and was approved by
Governor Jeb Bush on December 9, 2003;and
WHEREAS, in 2007, an interlocal agreement was approved by the MPO and the
member local governments of the MPO to create a locally-funded Transportation
Concurrency Management System, which evolved into the current Transportation
Management System(TMS); and
WHEREAS, the MPO was re-designated in 2010 by Governor Charlie Crist to
include all of Sumter County and Sumter County's five municipalities; and
WHEREAS, the MPO is responsible for managing a continuing, cooperative, and
comprehensive transportation planning processf r Lake County and Sumter County; and
WHEREAS,transportation managementisisagrowth management principle which
ensures that necessary transportation facilities and services are available concurrent with
the impacts of development; and
WHEREAS,the local governments contemplating new development should assure
that adequate roadway capacity is available concurrent with the impacts of the proposed
TMS&Local Funding Agreement 1 •
2.22.17 Final •
development and that the proposed development will not degrade the roadway below the
adopted level of service standards;and
WHEREAS, the MPO and the local governments wish to ensure that level of
service standards for transportation facilities are maintained throughout the counties and
muncipalities; and
WHEREAS,the MPO and the local governments are working together to develop
a centralized TMS that will facilitate effective intergovernmental coordination on
transportation facilities;and
WHEREAS,the MPO will, as part of the centralized TMS,maintain the data to be
used by the local governments in making their development approval decisions; and
WHEREAS, local funds from the local governments are provided annually to the
MPO for consultant and personnel expenditures associated with management of the TMS;
and
WHEREAS, these local funds provided to the MPO are collected through an
annual invoicing process that coincides with the local governments' fiscal years; and
WHEREAS,the MPO incurs certain costs that are not eligible for reimbursement
through federal or state grants;therefore,the MPO requires a local funding source to cover
non-grant-eligible expenses; and
WHEREAS, the MPO and the local governments entered into an Interlocal
Agreement for the Creation, Funding and Implementation of a Master Transportation
Management System Program dated November 5, 2012, and desire to continue the
arrangement(s)for services made between the parties; and
WHEREAS, the MPO and the local governments seek to enter into a new
agreement regarding the TMS by updating certain provisions and providing clarity
concerning funding.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms,
understandings, conditions, and payments hereinafter set forth, and intending to be legally
bound, the parties hereby agree as follows:
Article 1. Recitals
1.1 The foregoing recitals are true and correct and incorporated herein by reference.
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2.22.17 Final
Article 2. Purposes
2.1' The purpose of this Agreement is to implement a centralized database of
transportation information that all parties to this Agreement may utilize as part of
their individual Transportation Management Systems (TMS) as prescribed within
their individual comprehensive plans and land development regulations. Data on
development applications, vested and existing development, and traffic count
information will be provided to the MPO by the local governments. The MPO will
maintain a database and model which will show impacts that proposed development
will have on the transportation system and will provide results of such modeling to
the local governments. Additionally, the purpose of this Agreement is to provide
for the allocation of local funds paid into the TMS to include expenditures not elible
for reimbursement through any federal or state grants received by the MPO.
Article 3. TMS Procedure
3.1 In order for the centralized TMS to contain the most current information available,
the local governments will provide to the MPO any legally vested trips, any
formally reserved trips and certificate of occupancy information. Initial
information, to the extent available, shall be provided within ninety (90) days of
the effective date of this Agreement, and thereafter during the term of this
Agreement on a monthly basis.
3.2 The local governments may submit data from any applicant who is seeking a
development approval for a project, including the traffic impact analysis, the
number of proposed residential units and amount of non-residential square footage
by use in accordance with the Institute of Transportation Engineers (ITE) Trip
Generation Manual, as amended.
3.3 Upon receipt of such data by the MPO, the following procedure shall be
implemented in order to provide the certain local government with the information
required in a timely fashion:
.1) Provided the data received is determined to be sufficient to issue a report of
findings, the MPO will evaluate the data based upon existing road capacity
information,including adopted level of service,existing trips,reserved trips
and vested trips, and submit a report of its findings within fifteen (15)
business days of receipt of the request.
2) If the local government determines that additional information should be
factored into the analysis, it may submit its comments for evaluation to the
MPO within fifteen(15)business days of the issuance of the MPO's report
for that application.
TMS&Local Funding Agreement • 3
2.22.17 Final
3) -The MPO will review additional information submitted by the local
, government and provide final comments within fifteen(15) calendar days
of the submittal of new information.
4) If the facility is designated by the State of Florida as a SIS (Strategic
Intermodal System) facility or if the facility is a non-SIS state facility
operating at 90 percent (90%) capacity or greater, the Florida Department
of Transportation (FDOT) will be consulted for comments on proposed
impacts. If no comments are received by the MPO from FDOT within thirty
(30) days of the MPO's request, the MPO will issue its report based upon
existing data.
14 The MPO will not make concurrency determinations on behalf of any local
government The MPO will issue a report of findings based on the data maintained
by the MPO and the data submitted by the local government. The responsibility to
make concurrency determinations and/or recommend approvals or denials of any
development applications remains with the local government.
3.5 The MPO will, upon written request, assist the local governments in assessing
needed changes to a comprehensive plan, policies or land development regulations
related to transportation or transportation impacts.
Article 4. -Term and Termination
4.1. This Agreement shall become effective upon that date of execution of this
Agreement by the last party("effective date").
4.2 This Agreement shall remain in effect until terminated by a mutual agreement of
the parties to this Agreement, or as otherwise provided by law. Any party may
withdraw from this Agreement after presenting, in written form,a notice of intent
to withdraw presented to the other parties of this Agreement, at least ninety (90)
days prior to the intended date of withdrawal. Upon receipt of the notice of intent
to withdraw, the Chairman of the MPO is hereby authorized to enter into a written
memorandum with the withdrawling party memoralizing the withdrawal of the
party from the responsibilities of and services to be provided under the terms of this
Agreement. The withdrawling party shall record at copy of the memorandum in
the Official Records, at its own cost. Upon execution of such memoradum the
withdrawed party will receive no services under this Agreement.
43 - If for any reason this Agreement is terminated in its entirety, the TMS and its
associated data in the format at the time of termination will, be provided to the
member local governments at no additional cost.
4.4 The parties agree that the Interlocal Agreement dated November 5, 2012, by and
between the parties shall be considered terminated as the effective.date of this
Agreement:
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2.22.17 Final
•
Article 5. Funding
5.1 Each of the local governments will pay the MPO to fund the TMS an amount based
upon the local government's population percentage relative to the populations of
all the other local governments per an annual budget approved by the MPO by May
31 of each year. Invoicing for local funds shall be conducted by the MPO after
October 1 of each year.
5.2 The annual budget approved by the MPO by May 31 of each year shall include
local funding amounts for the TMS and for the local funds that have been
designated to cover the MPO's costs not eligible for federal or state grant
reimbursement. The parties acknowledge and agree that local funds collected
pursuant to this Agreement may be used by the MPO,at its discretion,to cover non-
grant eligibile costs and expenses.
5.3 In each odd numbered year,the population figures and related contributions will be
reviewed and adjusted as necessary for population changes. Funding contributions
will be adjusted based upon Bureau of Economic and Business Research (BEBR)
population figures. The updated information will be provided to each of the local
governments by May 31. The new contribution rates shall become effective
October 1.
Article 6. TMS Annual Report
6.1 An Annual Report on the status of all facilities included in the TMS shall be
. published each year and may be used in the MPO annual project prioritization
process.
Article 7. General Provisions
7.1 This Agreement, and any amendments hereto, may be simultaneously executed in
several counterparts, each of which executed shall be an original, and such
counterparts together shall constitute one and the same instrument.
7.2 Amendments or modifications to this Agreement may only be made by written
agreement signed by all parties hereto, with the same formalities as the original
Agreement.
7.3 This Agreement shall be recorded in the official public records of each county.
7.4 If any provision of this Agreement is found by a court of competent jurisidiction to
be invalid, it shall be considered deleted, and shall not invalidate the remaining
provisions. The Agreement shall be interpreted, construed and governed by the
laws of the State of Florida and venue shall lie in Lake County, Florida. •
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2.22.17 Final
Agreement between MPO,Lake County,Sumter County,et al.for Funding and Implementation of the Transportation
Management System and for Creation and Management of a Fund for Non-Grant Eligible Expenses
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement on the respective dates under each signature, each party by and
through its authorized representative.
•
TMS&Local Funding Agreement
2.22.17 Final
INTERLOCAL AGREEMENT BETWEEN THE LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION, THE
LAKE COUNTY BOARD OF COUNTY COMMISSIONERS , THE SUMTER COUNTY BOARD OF COUNTY
COMMISSIONERS, AND THE MUNICIPALITIES OF ASTATULA, CLERMONT, EUSTIS, FRUITLAND PARK,
GROVELAND, HOWEY-IN-THE-HILLS, LADY LAKE, LEESBURG, MASCOTTE, MINNEOLA, MONTVERDE, MOUNT
DORA, TAVARES, AND UMATILLA FOR FUNDING AND IMPLEMENTATION OF THE TRANSPORTATION
MANAGEMENT SYSTEM AND FOR CREATION AND MANAGEMENT OF A FUND FOR NON-GRANT-ELIGIBLE
EXPENSES
LAKE—SUMTER METROPOLITAN
PLANNING ORGANIZATION
Pat Kelley, Chairman
This o?a day of figra 441 , 2017
ATTEST:
044, tvl ay
D ris LeMay
Executive Assistant
Approved as to Form and Legality:
`tel
Melanie Marsh
MPO Attorney
TMS&Local Funding Agreement
INTERLOCAL AGREEMENT BETWEEN THE LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION, THE
LAKE COUNTY BOARD OF COUNTY COMMISSIONERS , THE SUMTER COUNTY BOARD OF COUNTY
COMMISSIONERS, AND THE MUNICIPALITIES OF ASTATULA, CLERMONT, EUSTIS, FRUITLAND PARK,
GROVELAND, HOWEY-IN-THE-HILLS, LADY LAKE, LEESBURG, MASCOTTE, MINNEOLA, MONTVERDE, MOUNT
DORA, TAVARES, AND UMATILLA FOR FUNDING AND IMPLEMENTATION OF THE TRANSPORTATION
MANAGEMENT SYSTEM AND FOR CREATION AND MANAGEMENT OF A FUND FOR NON-GRANT-ELIGIBLE
EXPENSES
CITY t CLERMONT
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- This o?0 -"', day of ja.r-C JL, 2017.
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44:4!ii City Clerk
Approv=• as to form an' legality:
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,MS&Local Funding Agreement