INTERLOCAL AGREEMENT FOR TRANSPORTATION
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February 27, 1980
Ms.Lu~HleWJlll ams',Clt,f.tI,rk
City of Cl earwater .'.
Post Office Box 4748
Clearwater, Florf da 33518
Dear Ms. Williams:
Enclosed is an executed copy of the Interloca1 Agreement between
the Flori da Department of Transportat i on and your mun i c i p-a 1 i ty
for your file. .
S I ncef'e 1 y, .
Paul A. Bergmann, Ex
Pinellas County Me
Organization
t i ve 0 i rector'
itan Planning
PAB:cc
Enclosure
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PINELLAS AREA TRANSPORTATION STUDY
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RECE\VED
FE8 28 1980
CITY CLERK
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, effective on the date herein specified
below, by and between the municipalities of:
Duned i n , C 1 ean-Jater ,
Largo , Pinellas Park ,
the Pinel1as County
. St. Petersbu rg . Board of County Commissioners
and
the Florida Department of Transportation.
, establishes a
Metropolitan Planning Organization for the
County of Pinellas
,
hereinafter called the MPO;
WITNESSE.TH:
WHEREAS, the parties to this InterlocaI Agreement desire to participate
cooperatively as an MPO 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 develQped in relation to the
overall plan of development; and
WHEREAS, the Federal Government, under the authority of 23 U.S.C. l34
and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transpor-
tation Act of 1964, as amended (49 u.s.c. l602(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, cooperativ~
and comprehensive transportation planning process that results in plans
and programs consistent with the comprehensively planned development of
the urbanized area, and stipulates that the State and the Metropolitan
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Planning Organization shall enter into an agreement clearly identifying
the responsibilities for cooperatively carrying out such transportation planning; and
WHEREAS, Rules of the Federal Highway Administration and the Urban
Mass Transportation Administration, published in Volume 40 of the Federal
Register, No. 181, Pages 42976 to 42984, September 17, 1975, (hereinafter
called the Rules), provide for the designation of Metropolitan Planning
Organizations by the Governor; and
WHEREAS, Chapter 334.215 of the Flori~a Statutes, provides for the
creation, designation, apportionment, and appointment of Metropolitan Plan-
ning Organizations consistent with the federal laws and rules identified above"
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and representation herein the parties agree as follo\-fs:
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 Sections 3(a)(2), 4(a), 5(g)(I), and 5(1) of the Urban
Mass Transportation Act of 1964, as amended (49 U.S.C. 1602(a)(2), 1603(a),
and 1604(g)(I) and (l)), and to implement and ensure a continuing, coopera-
tive, and comprehensive transportation planning process that results in
coordinated plans and programs consistent with the comprehensively planned
development of the affected urbanized area in cooperation VJith the State
of Florida Department of Transportation (hereinafter called the Departme~e.
Chapter 334, Florida Statutes, grants the broad authority for the
Department's role in transportation. Section 334.02(5), Florida Statutes)
evidences the legislative intent that the Department be the custodian of
the state highway and transportation systems and be given sufficiently
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broad authority to function adequately and efficiently in all areas of
appropriate jurisdiction. Section 334.211(2), Florida Statutes, requires
the Department to develop comprehensive plans, in conjunction with local
governmental bodies and regional planning agencies, for all standard
metropolitan statistical areas. Section 334.2l5 Florida Statutes speci-
fies the authority and responsibility of the MPO and the Department for
the management of a continuing, cooperative, and comprehensive transpor-
tation planning process for the urbanized area.
In fulfillment of this purpose and in the exercise of the various
powers granted by Chapter 334, Florida Statutes, the Department and all
parties to this agreement shall observe all provisions of Section 163.3161-
163.32l1, the Local Government Comprehensive Planning Act and its successors,
and/or applicable special acts and shall take particular care that the
planning processes and planning integrity of local governments as set forth
in the Local Government Comprehensive Planning Act and/or applicable special
acts and as evidenced by the legislative intent expressed in Section 334.02
(7), Florida Statutes, not be infringed upon.
2.00 The Project
The project is defined as the, continuing, cooperative, and comprehen-
sive transportation planning process for the entire Pinellas County Area, ,.
including the programming of transportation improvements for the urban area.
3.00 Coordination and Agreement
.01 The MPO shall carry out transportation planning and programming
activities as identified in the Agreement between the Department
and the MPO.
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4.00 Powers, Responsibilities and Obligations
.Ol The MPO shall have all powers, enjoy all rights, privileges, and
immunities, exercise all responsibilities and perform all obliga-
tions as specified in Section 334.215 Florida Statutes, and incor-
porated herein as authorized in Section 163.01, Florida Statutes,
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.
.03 The MPO shall enter into agreement other than Interlocal Agreements
with the Department, operators of public mass transportation services,
and the areawide and regional A-95 agencies. These agreements will
prescribe the cooperative manner in which the transportation planning
process will be accomplished.
.04 The MPO may enter into contracts.
.05 The MPO may acquire, own, operate, maintain, ~ell, or lease real
and personal property.
.06 The MPO may accept funds, grants, assistance, gifts, or bequeaths
from local, state, and federal sources.
.07 The MPO may establish and adopt a budget which shall operate on a
July 1 to June 30 basis provided, however, that each governing
body or agency participating in this agreement shall individually
,
determine, by resolution, the amount which said governing body or
agency shall appropriate as its participation in the funding of
the MPO.
.08 The MPO may promulgate rules to effectuate its powers, responsibili-
ties, and obligations enumerated herein provided said rules do not
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supersede or confl ict with appl icable local and state laws, rules
and regulations.
.09 The MPO, in cooperation with the Department, shall carry out the
urban transportation planning process as required by Title 23 of
the Code of Federal Regulations (CFR), Chapter 1, Part 450, con-
sistent with state and local law.
.10 Plans and programs developed within the framework of the urban
transportation planning process may be modified in a manner
consistent with the procedure established for ini.tial development.
5.00 Pursuant to Federal, State, and Local Law
In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable
law to enable the MPO to enter into this Agreement or to undertake the
Project hereunder, or to observe, assume or carry out any of the provisions
of the Agreement, the MPO will, to the extent of its legal capacity, work
towards the accomplishment and fulfillment of said needs.
6.00 Submission of Proceedings, Contracts, and Other Documents
The MPO shall submit to the Department such data, reports, records,
contracts an~ other documents relating to the Project as the Department
may require.
7.00 Rights of Review
All parties to the agreement, the FHI,./A, and U~\TA shall have the
rights of technical review and comment of MPO projects.
8.00 Contracts of the MPO
All contractual agreements, if involving FHWA, UMTA, and/or
Department funds, must be appropriately approved by the affected federal
agency and the Department.
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Except as otherwise authorized in writing by the Department, FHWA,
and UMTA, where state or federal funds are to be used, the MPO shall not
execute any contract or obligate itself in any other manner with any
third party \'1ith respect to the Project ...1ithout the prior written con-
currence of the Department, FHWA, and UMTA. Subletting of consultants
contracts involving funds administered by FHWA shall be in accordance
w.ith the requirements of Paragraph 6b(5) of Volume 4, Chapter I, Section 2,
Subsection 2, of the Federal-Aid Highway Program Manual.
9.00 Miscellaneous provisions
.01 How Contract 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
app 1 icab 1 e 1 aw.
.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 app 1 icab 1 e state law:
Provided, that if any of the provisions of the Ag reement vi 01 ate
any appl icable state law, the MPO will at once notify the Department
in order that appropriate changes and modifications may be made by
the Department and MPO to the end that the MPO may proceed as soon
as possible with the Project.
10.00 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.
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ll.OO 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 case the performance may be
offered in satisfaction of the obligation or responsibility.
12.00 Duration of Agreement and Withdrawal Procedure
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 bO 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 regardl~ss of withdrawal.
l3.00 Amendment of Agreement
Amendments to this Agreement may be initiated by the MPO. Amendments
shall be formally adopted by the member agencies to this agreement.
14.00 Confirmation of Agreement
The Agreement shall be reviewed annually by the MPO to confirm ~he
validity of the contents and to recommend the types of amendments, if
any, that are required.
15.00 Agreement Format
All words used herein in the singular form shall extend to and
include the plural. All ~'Jords 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.
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16.00 Previous Agreement
This interlocal agreement supersedes and replaces an original
interlocal agreement executed by the parties on August 24, 1977.
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IN WITNESS WtEREOF, the undersigned parties ,ve caused this Interlocal
Agreement to be duly executed in their behalf and 'hereby establ isn the above
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designated MPO this 5 day of ~~ 19P~
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City. Clerk
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ATTEST: -. ~ t/~<<.#~)
City Clerk \
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By:
ATTEST:
CITY OF ()PET,ERSBURG~. 0LOR1DA
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\ CitY:I,:/er I
ATTEST~vA-aOI Jh,
: ~lerk of Counci 1'-----
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PINEL~S to~:Y B01W~lfrT~/COMMISSI."S
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ATTEST:, 'fia{p/d l~.:'~dpre" Clerk
By: 611l,~v.l!CU. U~
. Deputy clerk
FLOR lOft. DE PARTMENT OF TRANS PORTATI ON, STATE
OF FLORIDA
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