R93-141RESOLUTION NO. R93-/~//
AN RESOLUTION OF THE CITY COMMISSION OF THE
CITYOF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A REVISED INTERLOCAL AGREEMENT BETWEEN
THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND PALM BEACH COUNTY, CITY OF
BELLE GLADE, CITY OF BOCA RATON, CITY OF
BOYNTON BEACH, CITY OF DELRAY BEACH, TOWN OF
JUPITER, CITY OF LAKE WORTH, CITY OF PALM
BEACH GARDENS, CITY OF RIVIERA BEACH, CITY OF
WEST PALM BEACH, AND THE FORT OF PALM BEACH,
CREATING AND ESTABLISHING A METROPOLITAN
PLANNING ORGANI7~ATION !MPO} FOR THE WEST PALM
BEACH URBAN STUDY AREA, SAID AGREEMENT BEING
ATTACHED HERETO AS EXHIBIT "A" AND PROVIDING
AN EFFECTIVE DATE.
WREREAS, The Governor has given approval to the proposed mem-
bership plan for the Metropolitan Planning Organization of Palm Beach
Count ·
y, and
WHEREAS,: upon recomnmndation of staff, the City Commission of
the City of Boynton Beach, deems it to be in the best interest of the
citizens and residents of the City to execute the above referenced
Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY C04NISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, does hereby authorize and direct the Mayor and City Clerk to
execute a revised Interlocal Agreement which creates and establishes a
Metropolitan Planning Organization {MPO} for the West Palm Beach Urban
Study Area, said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this ~
/ day of September, 1993.
CITY OF BOYNTON BEACH, FLORIDA
MaYo~ ~/
ATTEST:
Cit~y Clerk
{Corporate Seal
WPI NO.:
JOB NO.:
FUND:
FUNCTION:
FEDERAL NO.:
CONTRACT NO.:
SAMAS APPROP.:
SA_MAS OBJ:
ORG. CODE:
VENDOR NO.:
STATE OF FLORIDA DEPARTMENT OF T~ANSPORTATION
PLANNING JOINT PARTICIPATION AGREEMENT
STltNDARD INTERLOCAL AGREEMENT
This and entered into this day of
, PALM.BEACh{ COUNTY, CITY OF BELLE GLADE,
CITY OF BOCA RATONt. CIT~ OF BOYNTON !BEACHt CITY OF DELRAY BEACH, TO~N OF
JUPITER, C~TY. OF LAKE.:WORTH,~ CITY OF~ pa~.M BEACH SARDENS, CITY OF RIVIE~5
BEACH, CiTY OF WEST PALM BEACH, the~pORT OF~aT~ BEACH, and the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the Department, and creates and establishes, a
METROPOLITAN PLANNING ~RGANIZATION for the West~Palm Beach Urban Study Area,
hereinafter called the M~O;
WITNESSETH
WHEREAS, the parties to this Interlocal Agreement desire to participa=e
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
WHEREAS, the Federal Government, under the authority of 23 U.S.C. 134
and Section 3(a) (2), 4(a), 5(g) (1), and 5(h)(1) of the Federal Transit Act
[(49 U.S.~. 1602[a)(2), 1603(a) and 1604(g) (1) and (hi (1)], requires that
each urbanized area, as a condition =o 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 urbanized area, and
stipulates that the State and the MPO shall enter into an agreement clearly
identifying the responsibilities for cooperatively carrying ou= such
transp°rtatlon ptanning~ and
WHEREAS, Regulations of the Federal Highway Administration (FHWA) and
the Federal TranSit. . Administration (FTA), 23 CFR 450 (hereinafter called the
RuleS~), provide for the designation of MPOs by the Governor; and
WHEREAS, Section 339.175 of the Florida Statuues provides for the
creation, designation and apportionmen= of the MPOs 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 follows:
RESOLUTION NO. R93-
AN RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA~ AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
[TY OF
bershi~
County;
and
WIIEREA.~, upon recommendation' of staff, the City Commission of
the City of Boynton Beach~'.deems it to b~ in the:best interest of the
citizens.andres~dents~ of~the City to~ execute the above referenced
Interlocal Agreement.
NOW, THEREFt)RE, BE:IT~R~VED BY THE CITY CO~4I,~IONOF THE
CITY OF BOYNTON BEA~H~ FLORIDA:THAT:
Section 1. The City Commission of theClty of Boynton Beach,
Florida, does hereby authorize and direct, the Mayor and City Clerk to
execute a revised InterloCat Agreement which creates~and estab)ishes a
Metropolitan Planning Organization {MPO) for the West Palm Beach Urban"
Study Area, saldAgr~emen~:being attached hereto as Exhibit ".A".
.Section 2..This Resolution shall take effect immediately~
upon passage.
AND ADOPTED this
day of September, 1993.
CITY OF BOYNTON :BEACH, FLORIDA
Mayor
Vice Mayor
Mayor Pro Tem
Commissioner
ATTEST:
Commissioner
City Clerk
{Corporate Seal)
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) (1), and 5(h) (1) of the
Federal Transi= Act [(49 U.S.C. 1602(a) (2), 1603(a), and 1604(g) (1) and
~(h) (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
thePlannedDepartmentjdevel°pment of the affected urbanized area in cooperation with
2.00
lorida Statutes (F.S.), grants the broad authority for the
=ransportation. Section 334.044, F.S., evidences
intent that the Department be responsible for
tt~e planning of a safe, viable and ·
balanced s=a=e
system serving all regions of the state.. section
339.155, F.s., requires the Department to
develop ~ statewide
transportation plan, in conjunction with ~ocal govern~en~ai entities
including, but not limited to, regional
planning agencies for all
Met istical Areas. Section 339.175, ~F.S., ~P~cifies the
nsibility of the MPO and the Department in the
of a continuing, cooperatiye, and comprehensive
planning process for the urbanized area.
I~ fulfillment of this purpose and in the exercise of the various powers
graf apters 334 and 339, F.S., the Department and all parties to
163 acknowledge
that the provisions ~f~'Section 163.3161 -
the Local Government Compreheqsiv~ Planning and Land
Act, as amended, are appli!cable to thi~ Agreement
shall take particular care that the planning processes
of local governments as set fOr~h in that Act as
by the legislative intent expressed in Chapter 334 and 339,
not be infringed upon.
THE pROJEcT
and
and
evi
F.S.,
.01
.O2
.O3
- The "Project,, is defined as the continuing,
comprehensive transportation planning process for
Palm Beach Urban Study Area.
Pursu:ant to Federal, State and Local law - In the event that any
~le~t~on,.ref~ . ?rendum, approval, permit, notice .
c~%h0r~zatlon is .... ~--~ .... . or other proceedi
' ..~ ' ~= unuer a 1 ng
ProQect hereunder, or to o~ ...... Pp lcaDle law to undertake any
provisions of the ~o=~¥=, assume, or carry out any of the
Agreement, the MPO will, to the ex=ent of its
capacity, comply with all applicable laws and requiremen=s
~ives.tOward the accomplishment and fulfillmen= of its
~= contract~ and other documents - The MPO
shall submit to the Department such data, reports, records,
Page 2 of 9
contracts, and other documents relating to the Project as the
Department may require.
.04 Riqhts of review - Ail parties to this agreement, and the affected
Federal fui (i.e. FHWA, FTA and FAA)~ shall have the
~w and~co~en~~ gf/~?O p~O~e~s.
out trane and
programming identified in ~he
DePartment and the MPO. Urbanized areas, declared, by~t~e~1990 C~ ~us
~d.~S~e~Yj~h~e ~ove~.no~,~ ~a~ ~ar~y 0~~9~s cont~ed
~/~h~s~ en~t~m~e~d~a~ ~hdih~ ~%~ ements for
~gral ~>a~~P~ses~ sec~o~ 1t2 of ~ ~ ~9~p~nlng funds
~.~1~ be~a~a~allabl, e by ag~eemen~ Upon Mpg~ ~na~on by ~e
.OZ
The %~otin~ of-~the
Beach Gardens,
of
located in
wi~h 19
county wi
~,mu~
,shall consist ofseventeen (17)
~ership
of Belle
Worth, Palm
~t Palm Beach and the Town of
The vo~ing
~All voting
Coun=y,
~above with
purpose
~han one-third
a
.y
but all county
ers~of the members shall
~pu that
members, a
or.an official of
a major 'mode of
.O3
or
that are not under the
government represented
be
jurisdiction of a general-purpose local
the MPO, those authorities or agencies
p on the MPO. The county
s than 2~ percent of the MPO
Page Z of 9
membership if an official o~agency that opera~es or administers
a ma]or mode of transportation bas been appointed to an MPO.
.O4
The governmental entity designated shall appoint the appropriate
number of members to the MPO from eligible officials.
Representatives of the Department shall serve as non-voting members
of the MPO. Non-voting advisers may be appointed by the MPO as
deemed necessary. The Palm Beach County School Board shall
provide a non-voting adviser to the MPO.
.O5
The term of offioe of members of the MPO shall be four (4) years.
The membership of a member who is a public official automatically
terminates ~upon his leaving his elective or appointive office for
any reason, or may be terminated by a majority vote of the total
membership of a county or city governing ~ntity represented by the
A vacancy shall be filled by the original appointing
r. A member may be reappointed for on~ or more additional 4-
~erms.
5.00 AUTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES
The MPO shall have all authorities, powers and duties, enjoy all rights,
privileg:es, and immunities, exercise all responsibilities and perform
all obiig~tions necessary to manage a continuing, cooperative, and
comprehensive transportation planning process as specified in Section
339.17~(4')! and (5), F.S., and other sections or as incorporated in an
interlocal agreement authorized under Section 163.01, F.S., and made a
part hereof, including but not limited to, the following:
.01 T%e MPO may employ personnel and/or may enter into contracts with
l~c~or state agencies to utilize the staff resources of local
a ~
~d/~cr state agencies (s. 339.175(5) (g), F.S.).
.O2
The ~..~ .shall enter into agreements with the Department, operators
~.p~ic transportation systems and the metropolitan and regional
i~te~overnmental coordination and review agencies serving the
metr~0t~tan area. These agreements will prescribe the cooperative
mann~ in which the transportation planning process will be
coordinated and included in the comprehensive planned development
of th~ area (ss. 339.175(9) (a), F.S.).
.03 The MPO may ~nter into contracts (s. 163.01(14), F.S.).
.04 The MPO may acquire, own, operate, maintain, sell, or lease real
and personal property (s. 163.01(5), F.S.).
.05 The ~ may accept funds, grants, assistance, gifts or bequests
from :~ocal, State, and Federal resources (s. 163.01(5), F.S.).
.O6
The MpQ shall establish a budget which shall operate on a July 1 to
Ju~ne 30 basis as required by the Unified Planning Work Program
(UPWP).
Page 4 of 9
.07 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 (s. 163.01(5) and (a), F.S.). The MPO,
~in laws
.08 The MPO,
urk
.09-
.10 The MPD ~shall. appoint a
339.175(5) (d), F.S.)
technical advisory committee (s.
.11 The MPQ shall appoint a citizens' 'advisory committee (s.
339.17~(5) (e), F.S.)
6.00 CONTRACTS'OF THE MPO
Ail contractual agreements must be approved by the affected federal
funding agency and the Department. Except as otherwise authorized in
writing by t~e.Department,'and the affected Federal funding agency where
State or Federal~ funds are to be used., the MPO sh~ll not execute any
contract oral'obligate itself in any other manner with any third party
with respect to the Project without the prior written concurrence of the
Department, ~ or FAA, as appropriate. Subletting of
consultant funds administered by FHWA shall b~-in
accor~lance ~i~h-%he requirements of 23 CFR and ail other applic ~le
Federal Regulations which b~ reference hereto are made par~ of !~s
Agreement.
7.00 INVENTORY REPORT
.01
The MPO agree's to inventory, to maintain records of and to insure
the proper use, control, and disposal of all nonexpendable tangible
property acquired pursuant =o funding under this agreement. This
shall be done in accordance with the requirements of 23 CFR and
all other applicable Federal Regulations. The MPO shall make all
records and necessary information readily available to the
Department in order for the Department to conduct a review of and
determine the accuracy of the MPO inventories, property control
information, and i~s compliance with the requlrements of 23 CFR and
all other applicable Federal Regulations.
Page 5 of 9
· 0Z '
The Department will maintain all~ records in accordance with 'the
Federal-Aid Policy Guide, 23 CFR 17, "Record Keeping and Retention
Requirements for Federal-Aid Highway, Records of State Highway
Agencies".
8.00 MISCELLAlqEOUS PROVISION
.01
How Contrac= Affected by Provisions Beinq Held Inva!~d - 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.
.0Z
of
with the
State or Territorial Law - Nothing in the Agreement shall require
tO 0bser~e or enforce compliance with a~y provision
perform any other ac= or do any other thing in
.of any applicable State law. Provided, that if any
of the Agreement violate any applicable Sta=e
will at once notify the Department in order that
changes and modifications may be made by the Department
=o =he end that the MPO may proceed as soon,as possible
Project.
9.00 EXECUTION OF AGREEMENT
This I~e~local Agreement may be simultaneously executed in several
counte~,~s~ eac~ of which so executed shall be deemed to be an
origin~!~ and such counterparts together shall constitute one ~s ~
same instrument. ~ .....
10.00 CONSTITUTIONAL OR STATUTORY DUTIES AND RESPONSIBILITIES OF THE PARTIES
TO THE A~REEI~EN~
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 nh~e~ ~
respo~sibility imposed upon them by law except to the ext~-~-~u~
and tlm~,p~rformance thereof by one or m~re of the' parties to this
Agreeme~ ~r any legal o~ administrative entity created or authorized by
this ~ement] in which case the performance may be offered in
satis the obligation or responsibility.
11.00 DURATION OF A~REEMENT AND WITHDRAWAL PROCEDURE
This Agreement shall remain in effect until terminated by the parties =o
the Agreement. Any party may withdraw from said Agreement after
presen=ing in written form a notice of intent to withdraw to the other
parties, at leas= 30 days prior to the intended date of withdrawal.
Page 6 of 9
L2.00 P/~ENDMENT OF AGREEHENT
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 origlnal Agreeme~ and shall not be it is filed
with the Clerk of Circuit Cour~ party hereto is
located pursuant to Section 163.01(11), F.S.
13.00 I~DEMNI,FIC~TION
under
to persons or
of the
14.00
The Agreement shall be reviewed by the MPC
the validity of the contents and to
any, = are required. Review of this
an Plan
~rocedure for
to confirm
, if
occur whenever
the Governor
15.00 AGREEMENT FORMAT
Ail words used herein in the singular form shall extend to and include
the plural. Ail words used in the plural form sh~l extend to and
include the singular. Ail words used in any gender s~all extend =o and
include all genders.
16.00 EFFE~TI1~E DATE
This ~Agreement shall become effective
he=eto and filing with the Clerk of the Circuit
wher~ a party to the Agreement is located.
upon .execution by all parties
COurt of each county
Page 7 of 9
IN WITNESS ~I~ER~OF, the undersigned parties have caused this Interlocal
%greement to'be duly executed in their b~half and hereby establish the above
designated MPO this day of , .19..
BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY, FLORIDA
TOWN OF JUPITER
BY: BY:
CHAIR MAYOR
ATTEST: ATTEST:
DEPUTY CLERK CLERK
CITY OF BELLE GLADE CITY OF LAKE WORTH
BY: BY:
MAYOR
ATTEST: ATTEST:
CLERK
MAYOR
CLERK
CITY OF BOCA RATON
CITY OF PALM BEACH GARDENS
BY:
MAYOR
ATTEST:
CLERK
CITY OF BOYNTON BEACH
BY:
MAYOR
ATTEST:
CLERK
CITY OF RIVIERA BEACH
BY: BY:
MAYOR
ATTEST: ATTEST:
CLERK
MAYOR
CLERK
CITY OF DELRAY BEACH
CITY OF WEST PALM BEACH
BY:
ATTEST:
MAYOR
CLERK
BY:
ATTEST:
MAYOR
.CLERK
Page 8 of 9
PORT OF PALM'BEACH
BY:
ATTEST:
CHAIR
EXECUTIVE DIRECTOR
STi%T~
BY:
DISTRICT SECRETARY
EXECUTIVE SECRETARY
ATTEST:
Approved as to Form:
Florida'Department of Transportation
BY:
ATTORNEY
Page 9 of 9