93-51RESOLUTION N0. 93 -51
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING A NEW INTERLOCAL AGREEMENT GOVERNING THE
PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION;
REAPPOINTING CITY COMMISSIONER FRED A. THOMAS AS A
VOTING
LANNING ORGANIZATION; COUNTY
PROVID NG ANEFFECTI�VER
P DATE.
WHEREAS, the Pinellas Country Metropolitan Planning Organization ( "MPO ")
was created and established by an Interlocal Agreement dated August 17, 1977, as
amended in 1979; and
WHEREAS, Section 339.175(3)(a), Florida Statutes, requires the Governor to
review the composition of the MPO every five years and to require a membership
reapportionment plan, if necessary; and
WHEREAS, the Governor has reviewed the composition of the MPO and has
approved a membership reapportionment plan which provides for new member
governments to be added; and
WHEREAS, based upon this approval, a new Interlocal agreement between the
member governments of the MPO and the Florida Department of Transportation
consistent with the membership reapportionment plan is necessary and advisable,
and such an agreement has been proposed and presented to the City Commission for
approval; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission does approve and authorize the execution
of the Interlocal Agreement governing the Metropolitan Planning Organization, a
copy of which is attached hereto as Exhibit A, and agrees to be a member in
conformance with the terms of such agreement.
Section 2. City Commissioner Fred A. Thomas is hereby reappointed as a
voting member of the MPO as organized and constituted under the new Interlocal
Agreement approved by this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 30th _ day of August, 1993.
Attest:
L-d yn hia E. eau
Cit Clerk
�-Q G
R as arvey
Mayor - Commissioner
q3 `-6—/
ar .
.i
STANDARD INTERLOCAL AGREEMENT
i
This D TERLOCAL AGREEMENT is made and entered into this _ day of ,
1993, by and between
Pinellas County city of St Petersburg city of Clearwater city of f Largo city of Dunedin city
of Pinellas Park city of Oldsmar, city of Safety Harbor, city of Tarpon Springs, Pinellas
Suncoast Transit Authority,
and THE FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the state of
Florida, hereinafter called the Department, and creates and establishes, a METROPOLITAN
PLANNING ORGANIZATION for the Pinellas County portion of the Tampa/St. Petersburg/
Clearwater Urbanized Area, hereinafter called the MPO;
VSSETH
AREAS, 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, rail systems, air transportation,
and other facilities will be properly located and developed in relation to the overall plan of
community development; and
Wf— EREAS, the Federal Government, under the authority of 23 U.S.C. 134 and Section
3(a) (2), 4(a), 5(g) (1), and 5(1) of the Federal Transit Act, as amended [49 U.S.C. 1602(a) (2),
1603(a), and 1604(g) 1 and (1)], requires that each urbanized area, as a condition to the receipt
of federal capital or operating assistance, have a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs consistent with the
comprehensively planned development of the MPO, and the urbanized area which is a designated
Transportation Management Area (TMA) pursuant to 23 USC 134(1), and stipulates that the State
and the MPO shall enter into an agreement clearly identifying the responsibilities for
cooperatively carrying out such transportation planning for the MPO area and the TMA as a
whole, in cooperation and coordination with the MPOs designated for Hillsborough and Pasco
Counties; and
VIP'�REAS, 23 USC 134 and the Regulations of the Federal Highway Administration
(FH6`JA) and the Federal Transit Administration (FI'A), 23 CFR 450 (hereinafter called the
Rules), provide for the designation of MPOs by the Governor; and
i
EXHIBIT
II1'1'rERLOCAL AGREEMENT
Page 2 of 12
WEER,'EAS, Chapter 339.175 of the Florida Statutes provides for the creation,
designation, and apportionment of MPOs consistent with the federal laws and rules identified
above.
NOW, TBEREFQRE, in consideration of the mutual covenants, promises, and
representations herein the parties agree as follows:
1,00 PURPOSE
The purpose of this Interlocal Agreement is to assure eligibility for the receipt of
federal capital and operating assistance pursuant to 23 U.S.C. 134 and Section 3(a) (2),
4(a), 5(g) (1), and 5(1) of the Federal Transit Act, as amended [49 U.S.C. 1602(a) (2),.
1603(a), and 1604(g) (1) and (1)], and 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 the MPO, and the rest of the affected urbanized area which is a
designated TMA pursuant to 23 USC 134(i), in cooperation with the Department.
Chapter 334, Florida Statutes, grants the broad authority for the Department's role in
transportation. Section 334.044, Florida Statutes, evidences the legislative intent that
the Department be responsible for coordinating the planning of a safe, viable, and
balanced state transportation system serving all regions of the State. Section 339.155,
Florida Statutes, requires the Department to develop comprehensive plans, in
conjunction with local governmental entities; including but not limited to regional
planning agencies, for all Metropolitan Statistical Areas. Section 339.175, Florida
Statutes, specifies the authority and responsibility of the MPO and the Department in
the management of a continuing, cooperative, and comprehensive transportation
planning process for the urbanized area.
In fulfillment of this purpose and in the exercise of the various powers granted by
Chapters 334 and 399, Florida Statutes, the Department and all parties to this
Agreement acknowledge that the provisions of Section 163.3161 - 163.3215, the Local
Government Comprehensive Planning and Land Development Regulation Act, as
.; amended, are applicable to this Agreement and those parties shall take particular care
that the planning processes and planning integrity of local governments as set forth in
that Act as evidenced by the legislative intent expressed in Chapters 334 and 339,
Florida Statutes, shall not be infringed upon.
1.
RUERLOCAL AGREEMENT
Page 3 of 12 r'
2.00 THE PROJECT
Al Established MPO
t
The "Project" is defined as as th County portion of the Tampa/
e continuing, cooperative, and comprehensive
transportation planning process for the Pinellas
St. Petersburg /Clearwater urbanized area, a designated TMA.
.02 Pursuant to federal, state, and local law
In the event that any election, referendum, approval, permit, notice, or other
or authorization is requisite under applicable law to undertake any
proceeding out an of the provisions of
Project hereunder, or to observe, assume, or carry any comply with all f its legal
the Agreement, the WOu ll, to t andextent
work toward the accomplishment and
applicable laws and req
fulfillment of its objectives.
.03 Submission of proceedings, contracts, and other documents
The MPO shall submit latine Department et as the Department may requIreacts,
and other documents relating
,04 Rights of review -
All parties to this Ag
reement, and the affected federal funding agency (i.e.,
rights of technical review and comment
FHWA, FTA, and FAA), shall have the
of MP4 projects.
3.00 COOBD'NKFION AND AGREEMENT
The designated IAP® shall carry out transportation planning and programming activities
as identified in the Agreement between th e
planning upon MPO s Oignation by the
planing funds will be made available Y agreement
Governor.
T OF OFFICE
4.00 COOSI"I`ION,
i ERSHIP, t less than
.01 The voting membership of the MP shall �ersslsThe Governor hallvapportion
more than eighteen (1g) apportioned
RJTERLOCAL AGREEMENT
Page 4 of 12
Ss
total membership on the MPO from among the cities and County on an equitable
geographic population ratio. All voting members of the MPO shall be elected
officials representing either Clearwater, Dunedin, Largo, Pinellas Park, St.
Petersburg, Oldsmar, Safety Harbor, Tarpon Springs, Pinellas County, and the
Pinellas Suncoast Transit Authority with the number of representatives from each
of these general purpose local governments to be determined by the geographical
population ratio employed by the Governor in appointing the MPO.
.02 The County Commission members shall be composed of not less than 33 1/3
percent of the MPO membership, except for an MPO with more than 15 members
located in a County with a 5- member County Commission, in which case County
Commission members may compose less than 33 1/3 percent of the MPO
membership but all 5 County Commissioners shall be members of the MPO. All
voting members shall be elected officials of general purpose governments, except'
that any local governing entity which has two or more members on the MPO may
appoint, as one of its apportioned voting members, a member of a statutorily
authorized planning board of transportation, expressway, aviation, or port
authority.
.03 In urbanized areas in which authorities or other agencies have been, or may be,
created by law to perform transportation functions that are not under the
jurisdiction of local elected officials, they may be considered by the Governor for
one voting membership on the MPO. Provided, however, in urbanized areas in
which authorities or other agencies have been, or may be, created by law to
perform public transit functions that receive financial assistance or grants from
the State, said authorities or agencies shall have one voting membership on the
MPO. Said member shall be an elected official appointed by the respective
authority or other agency performing public transit functions; or, where there is
more than one public transit agency in the urbanized area, the members shall be
elected by vote of the transit agencies. The County Commission shall compose
not less than 25 percent of the MPO membership when a public transit
representative has been appointed.
.04 Each apportioned member shall designate the appropriate number of members to
the MPO from eligible officials. Representatives of the Department shall serve
as nonvoting members of the MPO.
.05 The term of office of members of the Metropolitan Planning Organization shall
be four (4) years.
INTERLOCAL AGREEMENT
Page 5 of 12
.06 Appointments to the MPO shall be made by each of the parties to this Agreement
within sixty (60) days after the notification by the Governor of the duty of each
governing body to make such appointments. If any governing body fails to fill
an assigned appointment to the MPO within such sixty (60) day period, the
appointment shall be made by the Governor from eligible representatives of the
appropriate governing body.
5.00 POWERS, R ESPONTSIBI]LMES, AND OBLIGATIONS
.01 The WO shall have all powers; enjoy all rights, privileges, and immunities;
exercise all responsibilities; and perform all obligations as specified in Section
339.175(2)(b), Florida Statutes, and other sections and as authorized in Section
163.01, Florida Statutes, and made a part hereof, including, but not limited to,
the following:
.02 The MPO may employ personnel and, pursuant to contract, it may utilize the staff
resources of local and /or state agencies [ss. 339.175(19)].
.03 The MPO shall enter into agreements with the Department, operators of public
mass transportation services, and the metropolitan and regional intergovernmental
coordination and review agencies serving the urbanized area. These agreements
will prescribe the cooperative manner in which the transportation planning process
will be accomplished [ss. 339.175(12), (13), and (14)].
.04 The MPO may enter into contracts [ss. 163.03(14)].
.05 The MPO may acquire, own, operate, maintain, sell, or lease real and personal
property [ss. 163.01(5)].
.06 The MPO may accept funds, grants, assistance, gifts, or bequests from local,
state, and federal resources [ss. 163.01(5)].
.07 The MPO shall establish a budget which shall operate on a July 1 to June 30 basis
as required by the Unified Planning Work Program.
.08 The MPO may promulgate rules to effectuate its powers, responsibilities, and
obligations enumerated herein - provided said rules do not supersede or conflict
with applicable local and state laws, rules, and regulations [ss. 163.01(5) and (a)].
The MPO, in promulgating rules, policies, bylaws, and procedures, shall
;k
j
INTER LOCAL AGREEMENT
Page 6 of 12
to MPO approval
coordinate with the Department to obtain its concurrence prior
and implementation of such rules, policies, bylaws, and procedures -
ment, shall carry out the urban
.09 The WO, in cooperation with the Department, 23 of the Code of Federal
transportation planning process as required by
Regulations (CFR), Parts 420 and 450, and consistent with Chapter 339, F.S.,
and other applicable state and local laws.
b the MPO carrying out the urban transportation
.10 Plans and programs developed Y liance with Department procedures, federal
planning process shall be in comp
regulations, and state laws.
6,00 CoXrRAcTS OF THE MPO
the affected federal funding agency and
All contractual agreements must be approved by b the Department and the
the Department. Except as otherwise authorized in `al fun Y
affected federal funding agency where state or federal funds are to be used, the P
contract or obligate itself in any other manner with any
shall not execute any rior written concurrence of the Department,
with respect to the Project without the.p for wting of consultants contracts involving
FHWA, FiA, or FAA, as appropriate. accordance with the requirements of
funds administered of me 4, shall be in
Paragraph 66(5)
Of
Volume 4, Chapter 1, Section. 2, Subsection 2, of the .Federal -Aid
Highway Program Manual:
7.019 UNENTORY ]REPORT .01 The wo agrees to inventory, to maintain records of and to ensure thacqu e_
of all nonexpendable tangible property
use, control, and disposal accordance with
pursuant to funding under this Agreement. This shall be done in paragraph 10(c)
the requirements of Property Management Standards set forth in November 5,
Highway Program Manual Transmittal 402, ick is attached
of the Federal -A.id Sec. 2 ( "FHPM 4 -1 -2, Paragraph 10, c) O shall make all
1986, Vol. 4, Ch. 1, art of this Agreement. The MP
hereto and incorporated as P Department in order for the
records and necessary information available to the D
rmation, and its compliance with the
Department to conduct a review of and determine the accuracy of the MP
inventories, property control in
requirements of FHPM 4 -1 -2, Paragraph 10, c.
F�N
ENTERLOCAL AGREEMENT
Page 7 of 12
.02 The Department will maintain all records in accordance with FHPM 1 -6-2,
"Record Keeping and Retention Requirements for Federal -Aid Highway Records
for State Highway Agencies."
8.00 MISCELLANEOUS PROVISION
.01 How Contracts Affected by Provisions Being Held Invalid
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall not be affected thereby if such remainder would then continue
to conform to the terms and requirements of applicable law.
.02 State or Territorial Law
Nothing in the Agreement shall require the MPO to observe or enforce
compliance with any provision thereof, perform any other act, or do any other
thing in contravention of any applicable state law. Provided, that if any of the
provisions of the Agreement violate any applicable state law, the MPO will at
once notify the Department in order that appropriate changes and modifications
may be made by the Department and WO to the end that the WO may proceed
as soon as possible with the Project.
9.00 EXECUTION OF AGREEMENT
This Interlocal Agreement 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.
10.00 CONSTITUTIONAL OR STATUTORY DUTIES AND
RESPONSIBILITIES OF THE PARTIES TO THE AGREEMENT
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 which the case the performance may be offered in satisfaction of the
obligation or responsibility.
r�� lr
11.00 DURATION OF AGREEMENT
]PROCEDURE
R T AWCAL AGREEMENT
Page 8 of 12
AND WITHDRAWAL
This Agreement shall remain in effect until terminated by the parties to the Agreement.
Any party may withdraw from said Agreement after presenting in written form a notice
of intent to withdraw to the other parties, at least 90 days prior to the intended date of
withdrawal, provided that financial commitments made prior to withdrawal are effective
and binding for their full term and amount regardless of withdrawal.
12.00 AMENDMENT OF AGREEMENT
Amendments to or modifications of this Agreement may only be made by written
agreement signed by all parties hereto with the same formalities as the originaL
agreement and shall not be effective until it is filed with the Clerk of Circuit Court of
each county where a party hereto is located, pursuant to Section 163.01(11), Florida
Statutes.
13.00 INDICATION
To the extent allowed by law, the MPO agrees that it will indemnify and hold harmless
the Department and all of the Department's officers, agents, and employees from any
claim, loss, damage, cost,. charge, or expense arising out of any act, action, neglect or
omission by the MAO during the performance of the contract, whether direct or
indirect, and whether to any person or property to which the Department or said parties
may be subject, except the MPO will not be liable under this section for damages
arising out of injury or damage to persons or property directly caused or resulting from
the negligence of the Department or any of its officers, agents, or employees.
14.00 CONFIRMATION OF AGREEMENT
The Agreement shall be reviewed by the MPO and the Department to confirm the
validity of the contents and to recommend the type of amendments, if any, that are
required. Review of this Agreement shall occur whenever an MPO Reapportionment
Plan is developed for approval by the Governor, pursuant to this procedure for MPO
Reapportionment.
0
15.00 AGREEMENT FORMAT
INTERLOCAL AGREEMENT
Page 9 of 12
All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used
in any gender shall extend to and include all genders.
16.00 EFFECTIVE DATE
This Agreement shall become effective upon execution by all parties hereto and filing
with the Clerk of the Circuit Court of each county where a party to the Agreement is
located.
INTERL OCAL AGREE 1ENi`
Page 10 of 12
IN WITNESS WB ERE ®F, the undersigned parties have caused this Interlocal Agreement to be duly executed
in their behalf and hereby establish the above designated WO this _ day of , 1993.
ATTEST:
Mayor, City of Clearwater
Approved as to form and legal sufficiency (Title):
City Attorney, City of Clearwater
ATTEST:
Mayor, City of Dunedin
Approved as to Form
(Title :)
City Attorney, City of Dunedin
ATTEST:
Mayor, City of Largo
Approved as to Form
(Title):
City Attorney, City of Irgo
ATTEST:
Mayor, City of Pinellas Park
Approve as to Form
(Title):
City Attorney, City of Pinellas Park
ATTEST:
,.1 Mayor, City of St. Petersburg
is
Approved as to Form and Correctness
(Title):
City Attorney, City of St. Petersburg
Mayor, City of Safety Harbor
Approved as to Form
City Attorney, City of Safety Harbor
Mayor, City of Oldsmar
Approved as to Form
City Attorney, City of Oldsmar
Mayor, City of Tarpon Springs
Approved as to Form
City Attorney, City of Tarpon Springs
Chairman, Pinellas Board of County Commissioners
Approved as to Form
County Attorney
Pinellas Board of County Commissioners
Chairman, Pinellas Suncoast Transit Authority
Approved as to Form
Pinellas Suncoast Transit Authority
INTERLOCAL AGREEMEW
Page 11 of 12
ATTEST:
(Title):
ATTEST:
(Title):
ATTEST:
(Title):
N-010-46
(Title):
ATTEST:
(Title):
W
e
RITERLOCAL AGREEMENT
Page 12 of 12
FLORIDA DEPART'MEidT OF TRANSPORTATION
BY: _ ATTEST:
TITLE: —District (S ecre y or Designee TITLE:
(SEAL)
Approved as to Form, Legality
Florida Depai -anent of Transportation
BY:
BY: TITLE: Clerk of the Circuit Court