R93-77RESOLUTION NO. R93- ~
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE
AN INTERLOCAL AGREEMENT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND PALM BEACH
COUNTY, THE CITIES OF BELLE GLADE,
BOCA RATON, BOYNTON BEACH, DELRAY
BEACH, LAKE WORTH, PALM BEACH
GARDENS, RIVIERA BEACH, WEST PALM
BEACH.. TOWN OF JUPITER, AND THE PORT
OF PALM BEACH, CREATING AND
ESTABLISHING A METROPOLITAN PLANNING
ORGANIZATION (MPO) FOR THE WEST PALM
BEACH URBAN STUDY AREA; SAID
AGREEMENT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING
EFFECTIVE DATE.
WHEREAS, the Governor has given approval to the proposed
membership plan for the Metropolitan Planning Organization of
Palm Beach County; and
WHEREAS, upon recommendation 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 COMMISSION 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 an 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
immediately upon passage.
shall take effect
PASSED AND ADOPTED this /~ day of May, 1993.
BE~CH, FLORIDA
Mayo:
Vic
ATTEST:
Commi~ _
oner ~ /
Commissi~
Ci{~ Clerk
(Corporate Seal)
Authsig.wP5
MPO
WPI NO.:
JOB NO.:
FUND:
FUNCTION:
FEDERAL NO.:
CONTRACT NO.:
SAMAs APPROP.:
SAMAS 053:
ORG. CODE:
%~q~OR NO.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PLA~-~ING JOINT PARTICIPATION AGREEMENT
This INTERI...OCAr. &Glt.F. EI, ffiNT is made and entered into this day of_
· 19__, b~ and between PALM BEACH COUNTY, CITY OF B~t?.m. GLADE, CITY
OF BOCA RATON, CITY OF BOYNTON B~aeH, CITY OF D~n~%y BEACH, Towm OF JUPITER,
CITY OF LAKE WORTH, C,~'¥ OF Fa?.~ BEACH ~a~ENS. CITY OF RiViERA -~,~= ua.~-' ~
OF WEST panN BEACH, the PORT OF PALM BEACH. and the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, herein~fner
called the Department, and creates and establishes· a METROPOLIT~tN PLANNING
ORGANIZATION for the West Palm Beach Urban Study Area· hereinafter called the
MPO;
WHEItEAS, 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.C. 1662(a) (2), 1603(a) ~ 1604 [g) (1) and (h) (1) ] requires that
each urbanized are~, as a condition to the receipt of federal capital or
~g assistance, have a continuing, cooperative, and comprehensive
planning process that results in plans and programs consistenn
planned development of the urbanized area, and
the State and the M-PO shall enter into an agreemen= clearly
the respon£ibilities for cooperatively carrying ou= such
planning; and
P
, Regulations of the Federal Highway Administration (FHWA) and
Administration (FTA), 23 CFR 450 (hereinafter called the
de for the designation of MPOs by the Governor; and
WHERE~E, Chapter 339.175 of the Florida Statutes provides for the
lcreation, designation and apportionment of the MPOs consistent with the
!'federal laws and rules identified above.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
~representa~ion herein the part~es agree as follows:
- 1. Og 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 Transit 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
planned development of the affected urbanized area in cooperation with
the Department.
Chapter 334, Florida Statutes
Dep~rtment, s role
the Iegislative
coordinating the planning of
serving
the
transportation
[F.S.), grants the broad authority for the
Section 334.04~ evidences
for
a safe, viable and balanced state
all regions of the State. Section
Department to a statewide
entities
les for all
the
in the
comprehensive
this
163 .~3
2.00 x~ ~E~-'~
.. 01 E~t ab~-.lshe~
powers
all parties to
.3161 -
and Land
e-to this Agreement
planning processes
1 in that Act as
Chap/e~r 334 and 339,
The "Project,' is defined as~.the continuing,
plan~ing process for
Palm Beach Urban Study Area.
· 02 to
~he
taw - In the, event that any
notic Other proceeding
laW to undertake any
or carry out any of the
will, to the extent of its
wi~hall applicable la~s a~d requirements
accomplishmelnt and ~fulfillment of its
.o3
S~bm~ssion of Droceedin=s; contracts; and other documents - The MPO
skai~ ~:submit :to the Department' such data, reports, records,
Page 2 of 9
.O4
Riqhts of review - Ail parties to this agreement, and th~ affected
Federal funding agency (i.e. FHWA, FTA and FAA) shall have the
rights of technical review and comment of MPO projects.
3.00 C001~IBTIONAND A~,ZEI~EFf
in
Federal planning purposes.
)ortat
and
the
Census
funds will be
Gove=no~. ~-
than
- The
from among
Delray
st Palm
of
with the
)se local
ratio
.O2
than 33
more than
county
compose
coun=y
members
.O3
an
have
functions
membership on
in which
created by law
financial
!s or agencies
shall be
or other
there is more
the member
· O4
shall be elected by vote~of3~the transit agencies. The county
commission shall compose not less than 25 percent of the MPO
membership w~en a public-transit representative has been appointed.
The government entity designated shall appoint the appropriate
number ~of members to the MPO from eligible officials.
Representativesof the Department' shall serve as non-voting members
of the ~iPO. The Palm Beach County School Board shall provide a
non-voting adviser to the MPO.
.05 The term ~of office of members of the Metropolitan Planning
rganlzatlon shall be four (4) years.
.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
G~verno~ of the body to make such
appointments· ~ tf fails to fill an assigned
~ ~the sixty (60).''day period,- the
shall be made by the Governor from eligible
representatives of the appropriate governing body~
5.00 PO~EI~,-~EBPONBZBZLITZES ~iDOBr. I'~,~TXONS
· 01 1 have all powers, enjoy all rights, privileges, and
exercise all responsibilities' and perform all
in Section 339,175(: .~F.S.~, and other
and as ~uthorized in SectiOn 163.01~ , and made a part
but not limited to, the following:
.02 The .MPO may employ personnel and, contract, it may
utiiize the staff resouTces of loca
339.175(19), F.S.). ~gencies (s.
.03 The MPO shall enter into agreements with the~Depar~ment, operators
of public mass transportation s~rvices and the metropolitan and
regi°nal~intergovernmental coordination and review agencies serving
the urbanized area. These agreements will prescribe the
cooperative manner in which the transportation planning process
will be accompl~ished (ss~ 339.175112), (13) and (~4), F.S.).
.04 The MPO may enter into contracts (s. 163.01(14), F.S.).
.05 The MPO ma~ acquire, own, operate, maintain, sell, or lease real
and personal property (s. 163.01(5), F.S.).
.06 The MPO may accept funds, grants, assistance, gifts or bequests
from Local, State, and Federal resources (s. 163.01(5), F.S.).
.07 The MPO shall establish a budget which sh=ll operate on a July 1 to
June 30 basis as required by the Unified Planning Work Program
(UPWP).
Page 4 of 9
.O8
The MPO may promulgate rules to effectuate its powers,
responsibilities, and obligations enumeratedhereln - provided said
rules do not supersede or conflict with applicablelocal and state
laws, rules and regulations (s. 163.01(5) and (a), F.S.). The MPO,
in gating rules, policies, bylaws and procedures, shall
prior to
and
.O9
· 10¸
The in the carry out the
2f ~f
and 450, ~d
· F.S stat e~_i~d
the out the urban
lance with
6.00
Ail contractual
funding agency and
Fede~a~
Agreement.
the Except
affected federal
authorized in
[ agency where
execute any
third party
of the
Subletting of
shall be in
applicable
part of this
.O2
all other ap~
to maintain records of and to in~ :e
~e, control, and disposal of all'n0nexpendable tang: ~e
to funding under this agreement. 5.~s
accordance with the requirementsof 23 CFR and
licable Federal Regulations. T~e MPO shall make all
order
information readily
the Department
MPO
~ith ~
Regulations.
will maintain all records
available to the
review of and
~roperty control
23 CFR and
in accordance with the
_' Guide, 23 CFR 17, "Record Keeping and Retention
for Federal-Aid Highway, Record~ of State Highway
8.00 MISC~T.T.aWEOUB PROVIBION
Page 5 of 9
.01
How Contract Affected bv Provisions Beinq Held Invali,] 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.
.O2
Stateor Territorial Law - Nothing in the Agreemen= shall require
the MPO to observe or enforce compliance with any provision
thereof, ~erform any o~her act or do any other thing in
contravention of anyapplicable 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 ma~ be made by. the Depart~.ent
and MPO to the end that the MPO may Proceed aS soon.~as possible
with the Project.
9.00 EXECUT'rON OF~ AGR~'~'~
This
or1(
same instrument.
r be simultaneously executed in several
which'so executed shall be ~deemed to be an
counterparts together shall constitute one and the
?i 10.00CONHTZ"lq~BZO~E%L OR STATUTORY DUTIE8 ]~,B"D HEHPONBIBXLITIEB
OF
PARTIE8 TO 'r~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 does not relieve any of the parties of an obligation or
res~ upon them by law except to the extent of actual
and thereof by one or more of the parties to this
Ag or administrative entity created or authorized by
this Agreement, in' which case the performance may be offered in
satisfaction of the obligation or responsibility.
11.00DURATXON OF AGRE~'I,~ANDNITHDP. AN-ALFROCEDURE
This Agreementshall 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, however, that financial commitments made prior to withdrawal
are effective and binding for their full term and amount regardless of
withdrawal.
12.00 .~t,riu'~E OF AGR,BI~:EqT
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), F.S.
Page 6 of 9
'z3.00 ZNDE~i'ZZ'ZC~TZON
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,
ac~ the of the
any person or
The Agreement shall be reviewed by the MP(
the validity of the contents and
any, that
to confirm
if
occur whenever
iby~the Go=ernor
All words used herein in the s~ngular form shall extend to and include
the Plural. All words used in the plural .form~shai1 '~tend to and
include the singular. Ail words used in any gender shall extend to and
include allgenders.
16.00 EFFE~'k~vB D~T'~
This Agreement~ shall become effective .upon e~cutio~-by :all parties
hereto ahd filing with the Clerk of the Circuit Court of each county
where aparty ~o the Agreement is located.
Page ? of 9
~ "~ is interlocal
. ' ........ _~,,sed thj._~ the above
~-rsigne? parti~e;s and hereby e~ 19~-'
ATTEST:~
ClTX OF I~z~woRTH
BELLE GL1%DE
ATTEST
OF BOC~ I~TON
~%TTEST: ~
CITY OF BOy~TON BE~CI~ ~
BY:~
ATTEST: ~
ATTEST
CXT~ OP RXVXEI:~BEACH
ATTEST:~
CIT~ OF DELR~Y BE~CH
ATTEST
ATTEST:~
page 8 o~ 9
Approved as to Form:
[orida Department of Transportation
~YTORNE¥
IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal
Agreement to be duly executed in their behalf and hereby establish the above
~=.designated MPO this day of ., 19.. .
BOARD OF COUNTY COMMISSIONERS TOWN OF JUPITER
OF PALM BEACH COUNTY, FLORIDA
BY:
ATTEST:
CHAIR
DEPUTY CLERK
CITY OF BELLE GLADE
BY:
MAYOR
ATTEST:
CLERK
CITY OF LAKE WORTH
BY: BY:
MAYOR
ATTEST: ATTEST:
CLERK
MAYOR
CLERK
CITY OF BOCA RATON
CITY OF PALM BEACH GARDENS
BY:
MAYOR
CLERK
CITY OF BOYNTON BEACH
ATTEST: ~R ~
CLERK (' ~t~ )
CITY OF DELRAY BEACH
BY:
MAYOR
A~fEST:
CLERK
CITY OF RIVIERA BEACH
BY:
MAYOR
ATTEST:
CLERK
CITY OF WEST PALM BEACH
BY:
ATTEST:
MAYOR
CLERK
BY:
ATTEST:
MAYOR
CLERK
Page 8 of 9
POET OF PALM BEACH
BY:
ATTEST:
CHAIR
EXECUTIVE DIRECTOR
CITY OF BOYN~r~N BEACH,
?
~-//~/~
STATE OF FLORIDAt
DEPARTMENT OF TRANSPORTATION
BY:
DISTRICT SECRETARY
ATTEST:
EXECUTIVE SECRETARY
Approved as to Form:
Florida Department of Transportation
BY:
Alq'ORNEY
Page 9 of 9