HomeMy WebLinkAbout674-Metro Orlando 2000-2001 CITY OF SANFORD/METROPLAN ORLANDO (URBAN AREA
METROPOLITAN PLANNING ORGANIZATION) FY2000-2001 FUNDING AGREEMENT
' made and entered into this/~ day of
municipal corporation organized and existing under the laws of the
State of Florida (hereinafter "CITY"), and the Orlando Urban Area
Metropolitan Planning Organization, d.b.a. METROPLAN ORLANDO, A
Regional Transportation Partnership {hereinafter "METROPLAN
ORLANDO" ).
WITNESSETH
WHEREAS, metropolitan planning organizations are the lead
transportation planning agencies in urban areas throughout the
United States; and
WHEREAS, the Transportation Equity Act for the 21st Century of
1998 (TEA 21) provides metropolitan planning organizations with
the authority and responsibility for transportation planning and
funding; and
WHEREAS, the quality of life and economic vitality of our
community depend on coordinating transportation issues and
developing complementary plans and policies; and
WHEREAS, METROPLAN ORLAiqD0 has the lead role in formulating
regional transportation plans and programs and coordinating
transportation issues among local entities and the Florida
Department of Transportation (FDOT); and
WHEREAS, METROPLAN ORLANDO has adopted the following Mission
Statement:
METROPLANORLANDO shall provide leadership in planning and
promoting a comprehensive intermodal surface transportation
system that will provide for regional mobility, encourage a
positive investment climate, and foster sustainable development
sensitive to community and natural resources. METROPLAN
ORLANDO shall achieve this mission by:
a. Preparing and maintaining up-to-date transportation
plans;
b. Setting priorities for investing transportation resources
to implement adopted regional plans;
c. Shaping and communicating a regional perspective on
transportation issues;
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d. Competing nationally and statewide for additional
financial resources;
e. Building strong alliances with the business community and
residents of the region;
f. Coordinating planning efforts with federal, state, and
local governments and other transportation agencies; and
g. recruiting and retaining top quality staff and
consultants.
WHEREAS, the CITY desires to enter into this Agreement with
METROPIJtNORLANDO to provide it with funding to support the
functions necessary to achieve METROPLANORLANDO's desired role in
planning and funding the Orlando Urban Area Transportation System.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the CITY and METROPLAN ORLANDO agree as
follows:
1. RECITALS. The City and METROPLAN ORLANDO hereby declare that
the recitals set forth above are true and correct and incorporated
herein.
2. REPORTING REQUIREMENTS. METROPLAN ORLANDO agrees to provide
the CITY on a quarterly basis commencing October 1, 2000, a
written operational report which will include an accounting of all
Unified Planning Work Program Tasks for the quarter. The report
shall identify each program task, the costs allocated to the task,
and the percentage of the task completed. Each quarterly report
shall be cumulative.
3. FISCAL YEAR 2000-01 FUNDING. The CITY agrees to allocate
$27,995.25 to METROPLANORLAiqDO from the city's Fiscal Year 2000-
01 budget, to be utilized by METROPLAN ORLANDO during its fiscal
year ending June 30, 2001 in accordance with this Agreement. Such
funds shall be paid to METROPLAIqORLANDO in equal installments on
a semi-annual basis, upon receipt of an invoice from METROPLAN
ORLANDO to the CITY. The first payment shall occur effective
October 1, 2000. The second payment shall occur April 1,2001.
The funding provided to METROPLANORLANDO by the CITY is
contingent upon funding by all local governments who are
represented on METROPLAN ORLANDO; such funding being equal to $.75
per capita based on the most recent estimates of population within
each local government's jurisdiction as provided by the Bureau of
Economic and Business Research, University of Florida.
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4. EFFECTIVE DATE, TERM. The effective date of this Agreement
is the date of its execution by the last party to execute this
Agreement. The terms of this Agreement shall commence on the
effective date and terminate on September 30,2001.
5. INTERPRETATION. The headings contained in this Agreement
are for reference purposes only and will not affect in any way the
meaning or interpretation of this Agreement.
6. NEGOTIATIONS. The parties to this Agreement acknowledge
that all terms of this Agreement were negotiated at arms length
and that this Agreement and all documents executed in connection
herewith were prepared and executed without undue influence
exerted by any party or on any party. Further, this Agreement was
drafted jointly by all parties, and no parties are entitled to the
benefit of any rules of construction with respect to the
interpretation of any terms, conditions, or provisions of this
Agreement in favor of or against any person or party who drafted
this Agreement.
7. MISCELLANEOUS
A. This Agreement constitutes the entire Agreement between
the parties with respect to the specific matters
contained herein and supersedes all previous
discussions, understandings, and agreements, written or
oral, between the parties hereto. Any amendments to or
waivers of the provisions herein shall be made by the
parties in writing. No other agreement, oral or
otherwise, regarding the subject matter of this
agreement shall be deemed to exist or to bind either
party hereto.
b. If any sentence, phrase, paragraph, provision or portion
of this agreement is for any reason held invalid or
unconstitutional by any court of competent jurisdiction,
such portion shall be deemed an independent provision
and such holding shall not affect the validity of the
remaining portions hereto.
c. The parties hereby acknowledge that they have freely and
voluntarily entered into this Agreement and that each
party has been given the opportunity to receive the
advice of independent legal counsel for all negotiations
in connection with this Agreement.
8. CONTROLLING LAWS
a. This Agreement and the provisions contained herein shall
be construed, controlled, and interpreted according to
the laws of the State of Florida, and all duly adopted
ordinances, regulations, and policies of the CITY now in
effect and those hereinafter adopted.
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b. The location for settlement of any and all law suits,
claims, controversies, or disputes, arising out of or
relating to any part of this Agreement, or any breach
thereof, shall be Orange County, Florida.
c. The parties to this Agreement agree to comply with all
applicable federal, state, and local laws, ordinances,
rules and regulations pertaining to this Agreement.
9. BINDING NATURE OF AGREEMENT. This Agreement shall be
binding only between the CITY and METROPLAN ORLANDO, and inure to
the benefit of the successors or assigns of the parties.
10. NOTICES. All notices, consents, approvals, waivers and
deletions which any party shall be required or shall desire to
make or give under this Agreement shall be in writing and shall be
sufficient only when mailed by certified mail, first class postage
affixed, addressed as follows:
CITY: Office of the Mayor
City of Sanford
P.O. Box 1788
Sanford, Florida 32772
METROPLAN ORLANDO: Executive Director
METROPLANORLANDO
315 East Robinson Street, Suite 355
Orlando, Florida 32801
11. AUDIT AND RECORD KEEPING PROCEDURES. METROPLAN ORLANDO
shall keep and maintain accurate records of all services
rendered in the performance of this Agreement and shall keep
such records open to inspection by the CITY at reasonable hours
during the entire term of this Agreement, plus two (2) years
after the expiration or termination of this Agreement. If any
litigation, claim or audit is commenced prior to the expiration
of the three (3) year period and extends beyond such period,
the records shall be maintained until all litigation, including
appeals, claims or audits have been concluded or resolved. Any
person authorized by the CITY shall have access to and the
right to examine any of the records.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement as of the day and year first above written.
METROPLAN ORLANDO
By: ~ ~'. ~
Print Name: Harold W. Barley
Title Executive Director
ATTEST:
CITY OF SANFORD
Title:
ATTEST:
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