14-27RESOLUTION NO. 14-27
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE FORM OF AND EMPOWERING
APPROPRIATE OFFICIALS WITH THE AUTHORITY TO
EXECUTE A REVISED INTERLOCAL AGREEMENT THAT
PROVIDES FOR THE UNIFICATION OF THE METROPOLITAN
PLANNING ORGANIZATION (MPO) AND THE PINELLAS
PLANNING COUNCIL (PPC) INTO A SINGLE ENTITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 15, 2014 the Metropolitan Planning Organization (MPO) sent a letter to
the all local governments in Pinellas County, including the City of Clearwater and the Pinellas
Suncoast Transit Authority (PSTA), requesting that they execute the revised Interlocal
Agreement (the Interlocal Agreement) for the unification of the MPO and the Pinellas Planning
Council (PPC);
WHEREAS, the purpose of the Interlocal Agreement is to take two separate entities, the MPO
and the PPC, and unify them into a single entity that will be more efficient by eliminating
duplication of efforts and reducing overall costs;
WHEREAS, the original Interlocal Agreement was sent to all local governments on March 19,
2014 but after some concerns from the City of St. Petersburg, the Florida Department of
Transportation (FDOT) agreed to revise the agreement to incorporate the changes requested by
the City of St. Petersburg. The City of Clearwater never executed the original March 19, 2014
agreement since there were revisions taking place; and
WHEREAS, the MPO has requested that all local governments in Pinellas County disregard
the original March 19, 2014 agreement and approve the revised Interlocal Agreement by the
end of August 2014, so that they can seat the new board at their September 10, 2014 meeting;
now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
SECTION 1. Authority. This Resolution is adopted pursuant to the provisions of
Section 163.01, Florida Statutes; Article VIII, Section 2 of the Constitution of the State of Florida;
Chapter 166, Florida Statutes; and other applicable provisions of law (collectively, the "Act ").
SECTION 2. Authorization of the Form of the Interlocal Agreement. The form of the
Interlocal Agreement, which is attached hereto as Exhibit A, is hereby authorized. The form of
the Interlocal Agreement is hereby approved, subject to such changes, insertions and omissions
and such filling of blanks therein as may be approved and made in such form by the officers of
the County and the City executing the same, such execution and delivery to be conclusive
evidence of such approval.
Resolution No. 14- 27
SECTION 3. Authorization to Execute. The Mayor and the City Clerk are hereby
authorized and empowered to execute the Interlocal Agreement in substantially the form
attached hereto, subject to such changes, modifications, additions, deletions and substitutions
which do not materially affect the substance thereof as such officers executing the same shall
approve, such execution to be conclusive evidence of such approval and to affix thereto or
impress thereon the seal of the City.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon its
adoption.
A
PASSED AND ADOPTED this 7th day of August , 2014.
— Ct IdOr Ic fkci c\0405
George N. Cretekos
Mayor
proved s to
Camilo A. Soto
City Attorney
2
Attest:
Rosemarie CaII
City Clerk
Resolution No. 14 -27
July 15, 2014
Mayor George Cretekos
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756 -5106
PINELLAS COUNTY
METROPOLITAN PLANNING ORGAN1ZAT1ON
310 Court Street Clearwater, Florida 33756 (727) 464 -8200 Phone
2nd Floor (727) 464 -8201 Fax
RE: Interlocal Agreement for Creation of the Metropolitan Planning Organization (MPO)
Dear Mayor Cretekos:
The purpose of this letter is to provide an update on the unification of the Metropolitan Planning Organization
(MPO) and Pinellas Planning Council Boards and to transmit a revised Interlocal Agreement for the re-
establishment of the MPO. On March 19, 2014, an Interlocal Agreement for the re- establishment of the MPO
was transmitted to all local governments and the Pinellas Suncoast Transit Authority for execution. During its
internal review of the Interlocal Agreement, the City of St. Petersburg's legal ;staff raised concerns about
language included in Sections 5.02(f), 5.03(c) and 6.04(d), concerning, among other things, individual MPO
member liability.
Last week, the Florida Department of Transportation agreed to revise the Interlocal Agreement to
incorporate• changes requested by the City. Most local governments had executed the original Interocal
Agreement before these revisions were made. Because the revisions are substantive in nature, local
governments that executed the original agreement are required to now execute the revised version. Several
local govemments deferred action on the original agreement once they learned revisions were likely.
Our records indicate that your board has not taken action. Please discard the original agreement and
instead, have your board execute the revised version. We apologize for any inconvenience this may cause.
The revised agreement with two signature pages is attached: Please schedule the agreement for action by
your board as soon as possible. It is our hope that all parties will approve the agreement by the end of
August so that we may seat the new board at the September 10 meeting:
If requested, MPO staff is available to attend your board meeting, and we are available to answer any
questions you may have. Please do not hesitate to contact me or Ms. Carolyn Kuntz at (727) 464 -8200 if
more information or clarification is needed. Please return both signature pages to the MPO, 310 Court
Street, Clearwater, FL 33756.
Sincerely,
6t, /L. g- /(-JkAvg.,
arah E. Ward
Interim Executive Director
Pinellas County Metropolitan Planning Organization
SEW:ck
cc: Rosemarie Call, City Clerk,
Karen Seel, Chair, Metropolitan Planning Organization
Kennedy Chair Pinellas Planning Council
Michael C' Crawford, Interim E ecutive Director, Pinellas`Plar rur
H1userstcendocs\MPO0interlocei Agreement - Letters Revised June 2014.ck.
PINELLAS AREA TRANSPORTATION STUDY
MPO WEBSITE: www.pinellascounty.org/mpo
Exhibit A
6i� "licit
FORM 525-010-0 I
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE
METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT for the formation of a Metropolitan Planning Organization is made and
entered into on this day of 2014, by and between the FLORIDA DEPARTMENT OF
TRANSPORTATION; the COUNTYOF PINELLAS; the CITIES OF BELLEAIR BEACH, BELLEAIR
BLUFFS, CLEARWATER, DUNEDIN, GULFPORT, INDIAN ROCKS BEACH, LARGO, MADEIRA
BEACH, OLDSMAR, PINELLAS PARK, SAFETY HARBOR, ST. PETE BEACH, ST. PETERSBURG,
SEMINOLE, SOUTH PASADENA, TARPON SPRINGS, TREASURE ISLAND; the TOWNS OF
BELLEAIR, BELLEAIR SHORE, INDIAN SHORES, KENNETH CITY, NORTH REDINGTON BEACH,
REDINGTON BEACH, REDINGTON SHORES; and the PINELLAS SUNCOAST TRANSIT AUTHORITY
(PSTA), 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 21st 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 Pinellas County MPO for the Pinellas County urbanized area, herein after
referred to as "the Metropolitan Planning Organization" or "the MPO ". Further, the parties approved by
unanimous vote a reapportionment and boundary plan for presentation to the Governor on the 10th day of July
2013;
WHEREAS, pursuant to Section 339.175(4), F.S., the Governor, by letter to the MPO Chair dated the
13th day of February 2014, approved the reapportionment and boundary plan submitted by the MPO;
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 MPO, and the governmental entities and public transportation operators
to identify the responsibility of each party for cooperatively carrying out a comprehensive transportation
planning process;
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WHEREAS, this Interlocal Agreement is required to create the Metropolitan Planning Organization and
delineate the provisions for operation of the MPO;
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 MPO 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 Metropolitan Planning Organization's
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.
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Transportation Improvement Program (TIP) is the staged multi -year program of transportation
improvement projects developed by a Metropolitan Planning Organization consistent with the Long
Range Transportation -Plan, 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 UUPWP) 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 re- establish the MPO
and recognize the boundary and reapportionment approved by the Govemor. 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 MPO Responsibilities. The MPO 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 programs, including but not limited to:
(a) The LRTP;
(b) The TIP;
(c) The UPWP;
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(d) Incorporating perfosueance goals, measures, and targets into the process of identifying and
selecting needed transportation improvements and projects;
(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, MPO plans, and approved
local government comprehensive plans. Section 339.175(5), F.S., specifies the authority and
responsibility of the MPO 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 MPO 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
MPO ORGANIZATION AND CREATION
Section 3.01. Re- establishment of MPO. The MPO for the metropolitan planning area as described
in the membership reapportionment plan approved by the Governor is hereby created and re- 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 Metropolitan Planning Organization shall be the Pinellas County MPO.
Section 3.02. MPO 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 MPO 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 MPO. The governing board re-
established pursuant to Section 4.01 of this Interlocal Agreement shall act as the policy- making body for
the MPO, and will be responsible for coordinating the cooperative decision - making process of the
MPO's actions, and will take required actions as the MPO.
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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 MPO as is
requested. Charges are to be in accordance with Chapter 119, F.S.
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 MPO's projects.
ARTICLE 4
COMPOSITION; MEMBERSHIP; TERMS OF OFFICE
Section 4.01. Composition and membership of governing board.
(a) The membership of the MPO shall consist of 13 voting members and one (1) non - voting advisor.
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: three (3) voting members
representing the Pinellas County Board of County Commissioners; two (2) voting members
representing the City of St. Petersburg; one (1) voting member for each of the following cities:
Pinellas Park, Dunedin, Clearwater, Largo; one (1) rotating voting member representing the
cities of Oldsmar, Safety Harbor and Tarpon Springs; one (1) rotating voting member
representing the following Inland Communities: Belleair, Belleair Bluffs, Gulfport, Seminole,
South Pasadena, Kenneth City; one (1) rotating voting member representing the following
communities which comprise the Barrier Islands Government Council (BIG -C): Belleair Beach,
Indian Rocks Beach, Madeira Beach, St. Pete Beach, Treasure Island, Belleair Shore, Indian
Shores, North Redington Beach, Redington Beach, Redington Shores; one (1) voting member
representing the Pinellas Suncoast Transit Authority (PSTA); and one (1) non - voting advisor
representing the Department.
(b)
All voting representatives shall be elected officials of general purpose local governments, except
to the extent that the MPO 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 an M.P.O. shall consist of not fewer than 5 or more than 19
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 MPO fails to fill an assigned
appointment to the MPO 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. Except as provided for below, the term of office of members of the MPO shall
be four years. The term of office for the OLDSMAR/SAFETY HARBOR/TARPON SPRINGS
consortium of municipalities shall be two (2) years, on a biennial rotating basis. The membership of a
member who is a public official automatically terminates upon said official leaving the elective or
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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.
The term of the rotating voting member representing the aforementioned BIG -C communities shall be
two years, however, the appointed elected official may be reappointed for up to four successive two -year
terms, for a maximum term of eight years. The BIG -C, by majority vote, shall recommend appointments
from nominations of elected officials provided by individual member municipalities. The municipal
government board on which the recommended elected official serves shall confirm the appointment and
transmit the name of the appointee to the MPO. If the appointed elected official is unable to complete
their two -year term for any reason, the same procedure used for the original appointment by the BIG -C
and the appointing municipality shall be followed.
The term of the rotating voting member representing the aforementioned In land Communities shall be
two years. The order of rotation shall be Gulfport, Belleair, South Pasadena, Belleair Bluffs, Kenneth
City and Seminole. If a city /town decides to defer its term of appointment, the process will proceed to
the next city/town in the order shown and the deferring city/town will go to the end of the rotational
order. Finally, if the appointed elected official is unable to complete their two -year term, that City/Town
Commission or Council will appoint another elected official for the balance of the term.
ARTICLE 5
AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
Section 5.01. General authority. The MPO 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 MPO shall have the following powers and
authority:
(a) As provided in Section 339.175(6)(g), F.S., the MPO 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 MPO 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 MPO may acquire, own, operate, maintain, sell, or
lease real and personal property;
(d) As provided in Section 163.01(5)(m), F.S., the MPO may accept funds, grants, assistance, gifts
or bequests from local, state, and federal resources;
(e) The MPO 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
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(f) The MPO shall have such powers and authority as specifically provided in Section 163.01 and
Section 339.175(2)(b), (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 MPO shall have the following duties and responsibilities:
(a) As provided in Section 339.175(6)(d), F.S., the MPO shall create and appoint a technical
advisory committee;
(b)
As provided in Section 339.175(6)(e), F.S., the MPO shall create and appoint a citizens' advisory
committee;
(c) As provided in Section 163.01(5)(o), F.S., the MPO shall be liable for any liabilities incurred by
the MPO, and the MPO may respond to such liabilities through the purchase of insurance or
bonds, the retention of legal counsel, the approval of settlements of claims by its governing
board, or in any other manner agree upon by the MPO. Nothing contained herein shall constitute
a waiver by any party of its sovereign immunity or the provision of section 768.28, F.S.
(d) As provided in Section 339.175(9), F.S., the MPO shall establish an estimated budget which
shall operate on a fiscal year basis consistent with any requirements of the UPWP;
(e) The MPO, 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 MPO 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 MPO 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 MPO 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.
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Section 6.03. Record - keeping and document retention. The Department and the MPO 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 Agreement and destroy any
duplicate public records that are exempt or confidential and exempt from public records
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 MPO 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 Pinellas County and the City of St. Petersburg, as the
United States Bureau of the Census designated largest incorporated city, may withdraw from this
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Interlocal Agreement after presenting in written foirii a notice of intent to withdraw to the other
parties to this Interlocal Agreement and the IMIPO, 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 MPO 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 MPO shall contact The Office of the Governor and the Governor, with the agreement of
the remaining members of the MPO, shall determine whether any reapportionment of the
membership is appropriate. The Governor and the MPO shall review the previous MPO
designation, applicable federal, state and local law, and MPO rules for appropriate revision. In
the event that another entity is to afforded membership in the place of the member withdrawing
from the MPO, the parties acknowledge that pursuant to Title 23 CFR §450.310(1)(2), adding
membership to the MPO does not automatically require redesignation of the MPO. In the event
that a party who is not a signatory to this Interlocal Agreement is afforded membership in the
MPO, membership shall not become effective until this Interlocal Agreement is amended to
reflect that the new member has joined the MPO.
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:
See Exhibit A (attached) for the address of record for all signatories to this Interlocal Agreement.
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 MPO 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.
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:
(b)
(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.
FORM 525 -010-01
POLICY PLANNING
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Page 10 of 39
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 MPO 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 MPO for
filing in its records.
IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on behalf
of the referenced legal entities and hereby re- establish the above designated MPO.
Interlocal Agreement to Re- establish the Pinellas County Metropolitan Planning Organization
Signed, Sealed and Delivered in the presence of:
CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
BY: SEE BELOW
TITLE:
ATTEST:
TITLE:
(Seal)
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos William B. Horne II
Mayor
Camilo A. Soto
Assistant City Attorney
City Manager
Attest:
Rosemarie Call
City Clerk
PORP 1 525 - 010-011
POLICY PLANNING
OGC - 03;13
Page 15 of 39
Mayor Gary Katica
Town of Belleair
901 Ponce DeLeon Boulevard
Belleair, FL 33756 -1096
Mayor Rob Baldwin
City of Belleair Beach
444 Causeway Boulevard
Belleair Beach, FL 33786 -3399
Mayor Chris Arbutine
City of Belleair Bluffs
2747 Sunset Boulevard
Belleair Bluffs, FL 33770 -1978
Mayor Robert E. Schmidt, Jr.
Town of Belleair Shore
1460 Gulf Boulevard
Belleair Shore, FL 33786 -3351
Mayor George Cretekos
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756 -5106
Mayor Dave Eggers
City of Dunedin
542 Main Street
Dunedin, FL 34698
Mayor Samuel Henderson
City of Gulfport
2401 53'd Street South
Gulfport, FL 33737
Mayor R.B. Johnson
City of Indian Rocks Beach
1507 Bay Palm Boulevard
Indian Rocks Beach, FL 33785 -2899
Mayor James Lawrence
Town of Indian Shores
19305 Gulf Boulevard
Indian Shores, FL 33785 -2257
Mayor Teresa Zemaitis
Town of Kenneth City
6000 54th Avenue North
Kenneth City, FL 33709 -3699
Mayor Pat Gerard
City of Largo
201 Highland Avenue NE
Largo, FL 33770 -2512
Exhibit A
Mayor Travis Pailadeno
City of Madeira Beach
300 Municipal Drive
Madeira Beach, FL 33708 -1916
Mayor William Queen
Town of North Redington Beach
190 173nd Avenue
North Redington Beach, FL 33708 -1397
Mayor Doug Bevis
City Oldsmar
100 State Street West
Oldsmar, FL 34677 -3655
Mayor Sandra Bradbury
City of Pinellas Park
5141 78th Avenue North
Pinellas Park, FL 33781 -2456
Mayor James Nick Simons
Town of Redington Beach
105 164th Avenue
Redington Beach, FL 33708 -1519
Mayor Bert Adams
Town of Redington Shores
17425 Gulf Boulevard
Redington Shores, FL 33708 -1299
Mayor Andy Steingold
City of Safety Harbor
750 Main Street
Safety Harbor, FL 34695 -3597
Mayor Maria Lowe
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, FL 33706 -1701
Mayor Rick Kriseman
City of St. Petersburg
175 5th Street North
St. Petersburg, FL 33701 -3708
Mayor Leslie Waters
City of Seminole
9199 113th Street North
Seminole, FL 33772 -5226
Mayor Dan Calabria
City of South Pasadena
7047 Sunset Drive South
South Pasadena, FL 33707 -2895
%ORM 525-010-01
POLICY r N NG
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Page 33 of 39
FORM 525010 -c!
POLICY Pi ANN∎N i
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Page 39 el 39
Mayor David Archie
City of Tarpon Springs
324 Pine Street East
Tarpon Springs, FL 34689 -5004
Mayor Bob Minning
City of Treasure Island
120 108th Avenue
Treasure Island, FL 33706 -4702
Mr. Brad Miller, CEO
Pinellas Suncoast Transit Authority
3201 Scherer Drive
St. Petersburg, FL 33716
Mr. Paul Steinman, District VII Secretary
Florida Department of Transportation
District VII
11201 N. McKinley Drive, MS #7 -100
Tampa, FL 33612
Commissioner Karen Seel, Chairman
Pinellas County
Board of County Commissioners
315 Court Street
Clearwater, FL 33756 -5165