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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