MEMORANDUM OF UNDERSTANDING RPDD INTERAGENCY GREEMENT INTERGOVERNMENTAL AGREEMENT December 23, 1996 Page 2 Where a non-executive agency is in

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1 OS-609 (3-89) RPDD COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION DATE. Office of Chief Counsel December 23, 1996 SUBJECT : TO : FROM : Memorandums of Understanding Interagency Agreements Intergovernmental Agreements ALL ASSISTANT COUNSEL - REGIONAL OFFICES ALL ASSISTANT COUNSEL - REAL PROPERTY DIVISION CHIEF, RIGHT OF WAY & UTILITIES DIVISION ALL ASSISTANT DISTRICT ENGINEERS FOR DESIGN ALL ASSISTANT DISTRICT ENGINEERS FOR SERVICES ALL RIGHT OF WAY ADMINISTRATORS William J. Cressler Assistant Chief Counsel '4al4J r.,,2, There has been confusion in the past on the transfer of rights between the Department and other State and Federal government entities. The possible formats involved are the Memorandum of Understanding (MOU), Interagency Agreement, and Intergovernmental Agreement as defined and discussed below. The MOU has certain required paragraphs, and all three formats have certain signature requirements as outlined below. Samples of the MOU and the Interagency Agreement formats are attached. Changes to the MOU format, as proposed by other governmental entities, may be appropriate as long as the required paragraphs are included and proper signature spaces supplied. MEMORANDUM OF UNDERSTANDING (MOU) The Memorandum of Understanding (MOU) is a cooperative agreement between executive agencies, as defined in Section 101 of the Commonwealth Attorneys Act, 71 P.S , e.g. the Department of Environmental Resources, the Department of General Services, and the Department of Public Welfare. It can also be used between an executive agency, such as the Department of Transportation, and a State entity not defined as an executive agency under the Commonwealth Attorneys Act, e.g. an agency of the judicial system or the General Assembly, or an independent agency. 5g attached list of independent agencies.

2 MEMORANDUM OF UNDERSTANDING RPDD INTERAGENCY GREEMENT INTERGOVERNMENTAL AGREEMENT December 23, 1996 Page 2 Where a non-executive agency is involved, that agency must consent to using the MOU format. (Note : Neither the Turnpike Commission nor the Game Commission will normally consent to use of an MOU). Where such a non-executive agency selects the MOU format, the MOU would be processed in accordance with the procedures set forth herein for MOUs. The MOU does not create any contractual rights or obligations between the signatory agencies. It is, however, a cooperative agreement between the parties indicating their intentions. The following requirements apply to MOUs. The exact language to use is set forth in the attached sample. 1. A WHEREAS clause relating to Sections 501 and 502 of the Administrative Code of 1929 (71 P.S. 181 and 182), 2. A NOW, THEREFORE clause stating that the clauses which follow set forth the terms and conditions of the party's understanding, 3. A clause stating that the MOU is not intended to and does not create any contractual rights or obligations between the parties or any other parties, 4. A clause stating that any dispute is submitted to the Office of General Counsel for resolution, and 5. The agency beads or their deputies must execute the MOU ; the agency Chief Counsels and the Office of General Counsel must review and approve the MOU for form and legality. A copy of the MOU is sent to the Office of the Budget ; however, the original MOU should not contain a signature line for the Office of the Budget. Please provide signature lines for the agency comptrollers, who must execute the MOU. An MOU involving the transfer of land does not require an acknowledgement and does not need to be recorded since title remains vested in the Commonwealth. There is simply a transfer of jurisdiction between Commonwealth entities. If an acknowledgement is desired for recording purposes, or the other agency would like a quit claim deed filed to confirm the transfer of jurisdiction over the land, an Interagency Agreement should be used. An Interagency Agreement with another executive agency (as opposed to a non-executive independent agency) would require special approval from the Office of General Counsel.

3 MEMORANDUM OF UNDERSTANDING RPDD INTERAGENCY GREEMENT INTERGOVERNMENTAL AGREEMENT December 23, 1996 Page 3 INTERAGENCY AGREEMENT An Interagency Agreement is used if a signatory agency desires a binding, contractual agreement rather than an MOU. It is used between an executive agency (the Department) and an independent agency. If two or more executive agencies wish to enter into an Interagency Agreement, prior approval must be obtained from the Office of General Counsel. An Interagency Agreement must be processed in accordance with the requirements of the Commonwealth Attorneys Act pertaining to review and approval of contracts. One of these requirements is the review and approval as to legality and form by the Office of the Attorney General. A sample copy of an Interagency Agreement is attached hereto. Form RW-393 (9-81) (Agreement-Inter-Departmental) may be utilized with use of a proper approval page as included with the sample attached hereto. INTERGOVERNMENTAL AGREEMENT An Intergovernmental Agreement is an agreement between the Department and the Federal government or one of its agencies, or with another state or an agency of another state. These types of agreements should never be denominated or processed as an MOU. These agreements must be processed in accordance with the requirements of the Commonwealth Attorneys Act pertaining to the review and approval of contracts. Part of this process requires the review and approval by the Office of the Attorney General. Proposed agreements on land transfers should be forwarded to the Right of Way and Utilities Division. They will coordinate processing through the Department and the Office of Chief Counsel.

4 MEMORANDUM OF UNDERSTANDING RPDD INTERAGENCY GREEMENT INTERGOVERNMENTAL AGREEMENT December 23, 1996 Page 4 Thank you for your consideration of this memorandum. Please contact me if you have any questions. 220/WJC :sls (717) cc : Andrew S. Gordon, Chief Counsel Robert H. Raymond, Jr., Deputy Chief Counsel Gary L. Hoffman, P.E., Chief Engineer Mahendra G. Patel, P.E., Director, Bureau of Highway Design Manuel A. Marks, Division Administrator, Federal Highway Administration (Attn : Daniel Seitz, Division Right of Way Officer) Richard H. Harris, Jr., Director, Operations Review Group Thomas C. Miller, Division Chief, Internal Audits A :\RPDDI 129.WPD

5 "Independent agency." The Department of the Attorney General, the Pennsylvania Fish Commission, the Pennsylvania Game Commission, the Historical and Museum Commission, the State Civil Service Commission, the Pennsylvania Turnpike Commission, the Milk Marketing Board, the Pennsylvania Liquor Control Board, the Pennsylvania Human Relations Commission, the Pennsylvania Labor Relations Board, the Pennsylvania Securities Commission, the State Tax Equalization Board, Pennsylvania Higher Education Assistance Agency, the Pennsylvania Crime Commission, and the State Ethics Commission. Except for the provisions of section 204(b) and (f),' and for actions pursuant to 42 Pa.C.S (relating to limited waiver of sovereign immunity),' for the purposes of this act the department of the Auditor General, including the Board of Claims, State Treasury and the Public Utility Commission shall not be considered either executive agencies or independent agencies.

6 MEMORANDUM OF UNDERSTANDING FOR INTERDEPARTMENTAL LAND TRANSFER THIS MEMORANDUM, made and entered into this day of by and between the Department of 41 Commonwealth of Pennsylvania, hereinafter referred to as DEPARTMENT, and the Department of Transportation, Commonwealth of Pennsylvania, hereinafter referred to as TRANSPORTATION. W I T N E S S E T H : WHEREAS, DEPARTMENT is an Executive Agency of the Commonwealth, responsible for the administration, implementation, and enforcement of the, programs, statutes and regulations of the Commonwealth ; and, WHEREAS, TRANSPORTATION is an Executive Agency of the Commonwealth responsible for the administration, implementation, and enforcement of the transportation, including highway, public transit, mass transit, and aviation statutes and regulations of the Commonwealth ; and,

7 -2- WHEREAS, DEPARTMENT maintains control and has under its jurisdiction certain lands of the COMMONWEALTH hereinafter referred to as Premises, situated in Township, County, as more fully shown and described on the plot plan marked as Exhibit "A", attached hereto and made a part hereof ; and, WHEREAS, DEPARTMENT has no immediate or foreseeable need for the Premises ; and, WHEREAS, TRANSPORTATION needs the Premises so as to fulfill its aforesaid statutory duties ; and, WHEREAS, DEPARTMENT is willing to transfer to TRANSPORTATION exclusive jurisdiction and control of said premises ; and,

8 WHEREAS, Section 501 and 502 of the Administrative Code of 1929 (71 P.S and 182) require Commonwealth departments and agencies to coordinate their work and activities with other Commonwealth departments and agencies. NOW, THEREFORE, the parties to this memorandum set forth the following as the terms and conditions of their understanding. 1. DEPARTMENT hereby transfers to TRANSPORTATION exclusive jurisdiction and control of the premises, subject to all easements, servitudes and rights of others, including, but not confined to streets, roadways, and rights of any telephone, telegraph, water, electric, gas or pipeline company(s) as well as under and subject to.any estate of tenancies vested in third person(s), whether or not appearing of record, for any portion of the land or improvements erected thereon. 2. This memorandum is not intended to and does not create any contractual rights or obligations with respect to the signatory agencies or any other parties. 3. Any dispute arising hereunder shall be submitted to the Office of General Counsel for final resolution.

9 MEMORANDUM OF UNDERSTANDING FOR INTERDEPARTMENTAL LAND TRANSFER The parties hereby acknowledge the foregoing as the terms and conditions of their understanding. DEPARTMENT OF DEPARTMENT OF Secretary Date Secretary Date i Chief Counsel Chief Counsel Comptroller Date Comptroller Date OFFICE OF GENERAL COUNSEL : Deputy General Counsel Date 4

10 INTERAGENCY AGREEMENT THIS AGREEMENT, made and entered into this day of, by and between the, Commonwealth of Pennsylvania, hereinafter referred to as DEPARTMENT, and the Department of Transportation, Commonwealth of Pennsylvania, hereinafter referred to as TRANSPORTATION. W I T N E S S E T H : WHEREAS, DEPARTMENT is an Independent Agency of the Commonwealth, responsible for the administration, implementation, and enforcement of the programs, statutes and regulations of the Commonwealth ; and, WHEREAS, TRANSPORTATION is an Executive Agency of the Commonwealth responsible for the administration, implementation, and enforcement of the the transportation, including highway, public transit, mass transit, and aviation statutes and regulations of the Commonwealth ; and, WHEREAS, DEPARTMENT maintains control and has under its jurisdiction certain lands of the COMMONWEALTH hereinafter referred to as Premises, situated in Township, County, as more fully

11 INTERAGENCY AGREEMENT shown and described on the plot plan marked as Exhibit "A", attached hereto and made a part hereof ; and, WHEREAS, DEPARTMENT ha% no immediate or foreseeable need for the Premises ; and WHEREAS, TRANSPORTATION needs the Premises so as to fulfill its aforesaid duties ; and, WHEREAS, DEPARTMENT is willing to transfer to TRANSPORTATION exclusive jurisdiction and control of said premises ; and, WHEREAS, Sections 501 and 502 of the Administrative Code of 1929 (71 P.S. SS181 and 182) require Commonwealth departments and agencies to coordinate their work and activities with other commonwealth departments and agencies ; and, NOW, THEREFORE, for and in consideration of the mutual promises and obligations set forth below, the parties agree, with the intention of being legally bound, to the following : 1. The recitals set forth above are incorporated by reference as a material part of this Agreement. 2

12 INTERAGENCY AGREEMENT 2. DEPARTMENT hereby transfers to TRANSPORTATION exclusive jurisdiction and control of the Premises, subject to all easements, serv&tudes and rights of others, including, but not confined to, streets, roadways, and rights of any telephone, telegraph, water, electric, gas or pipeline company(s) as well as under and subject to any estate or tenancies vested in third person(s), whether or not appearing of record, for any portion of i the premises. ATTEST : COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION by Signature Date Signature Date (SEAL) ATTEST : by Signature Date Signature Date (seal) 3

13 INTERAGENCY AGREEMENT APPROVED AS TO LEGALITY TO FORM PRELIMINARILY APPROVED by by Signature Date Signature Date Chief Counsel by Record No. Signature Date DeputyAttorney General Certified Funds Available Under Activity Program Symbol b Signature Deputy General Counsel Date Amount $ by Signature. Date APPROVED FOR : Office of the Budget by Signature Date

14 FED. P OJ NO CCUhTY CITY bofto.-twp L.A.-SEC CL. NO. Ct.AIMAHT,sI AGREEMENT (Inter-Departmental) RWJ93 (951) 00m,ey PrSv19.% IJIll.ins Made and e :itcrcd into by and between the Department of Trun,por1dtion. Commonwealth of Pennsylvania, hereinafter referred to as Transportation, and hcreina to referred to as WI U E REAS Trar.n ortation is the a ;fency authorized to plan, construct and mainta7n State highways in the Co'nrnonweilth of Pennsylvania ; and WHEREAS is a department of the ( :nmmnnwoalth of Pe/tnsti-Ivania respoi :sible for the maintenance and management of certain lands and improvements of the Comntonwcalth of Pennsylvania ; and vv'ieheas controls, maintains and has under its rurlxiicivurt curtain lands in County. located on Legislative RrIIte Section, at or between Station and WHEREAS Transportation is about to construct or improve the aforesaid highw ay over and through the aforesaid lands in accordance with the plans attached hereto and made a part hereof ; and WHEREAS hes nn nbject ;on to the said highw ;y construction or improvement, NOW, THEREFORE, THIS AGREEMENT WITNESSETH. 1. TrjnsportaLion will pay to the sum of (~ ) Dollars. 2. Transportation is authorizcd to enter upon the aforesaid (nl'mnnwea~th lands shown on the attached,.'ans for the purpose enimerated above. 3. Transportation shall have exclusive control over tha area shown on the said plant in order to maintain ere said hirhwiy or for any other lawful purpose. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first ibovc written. AT 1'LST : COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION (SEAL) ATTEST Secretary of Transportation COMMONWEALTH Or PENNSYLVANIA (SEAL)

15 aia and ww.393 L98111 COMMONWEALTH Of Pe NSYLVANIA COUNTY OF DAUPHIN :SS On, before me, the undersigned officer, personally appeared who, in pursuance of the authority conferred upon him, acknowled ;I+d the said Indenture to be It e deed of the Commonwealth of Pennsylvania. Department of Tra.iiportatlon. WI t r' S my hand and official Seal the day and yeir aforesaid. Notary Public My Commission Expires : - -- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :SS On. before me, the undersigned off ;crr. p rwinally appeared w!io, in pursuance of the authority conferred upon him, a'knny e d the said indenture to be the art and deed of the Commonwealth of Penrsvlvanla. WITNESS my hand and official Seal the day and year atorcsaid. Deedbook, Page Witness my hand and seal of Office on Reenrrinr of Deedt Agent for Cc4omu.n ;wrdlth of Pennsylvania Department of Transportation

16 INTER-DEPARTMENTAL AGREEMENT APPROVED AS TO LEGALITY TO FORM PRELIMINARILY APPROVED by by Signature Date Signature Date Chief Counsel by Record No. Signature Date Deputy Attorney General Certified Funds Available Under Activity Program Symbol Amount $ by `Signature Date by Signature Date Deputy General Counsel APPROVED, FOR : Office of,the Budget by Signature Date