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City of Sanford /MetroPlan Orlando
FY 2011 -2012 Funding Agreement
CITY OF SANFORD /METROPLAN ORLANDO (URBAN AREA
METROPOLITAN PLANNING ORGANIZATION) FY 2011 -2012 FUNDING AGREEMENT
THIS AGREEMENT, is made and entered into this (-0 `" day of
1 A.;, 1 ,,,6 t ,„ , 2011, by and between the CITY of SANFORD, a municipal
co oration organized and existing under the laws of the State of
Florida whose address is 300 North Park Ave., Sanford, FL 32771,
(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 Safe, Accountable, Flexible, Efficient Transportation
Equity Act - A Legacy for Users (SAFETEA -LU) 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 ORLANDO 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:
To provide leadership in planning a transportation system
consistent with the Regional Transportation Vision by engaging the
public and fostering effective partnerships.
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;
tin a regional perspective c. Shaping and communicating ective on g p P
P
transportation issues;
d. Competing nationally and statewide for additional financial
resources;
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City of Sanford /MetroPlan Orlando
FY 2011 -2012 Funding Agreement
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
METROPLAN ORLANDO to provide it with funding to support the functions
necessary to achieve METROPLAN ORLANDO'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, 2011, 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 2011 -12 CITY FUNDING REQUIREMENTS. The CITY agrees
to allocate TWENTY -SIX THOUSAND FIVE HUNDRED TWENTY -THREE DOLLARS
($26,523.00) to METROPLAN ORLANDO from the CITY's Fiscal Year 2011 -12
budget, to be utilized by METROPLAN ORLANDO during its fiscal year
ending June 30, 2012, in accordance with this Agreement. Said funds
shall be paid to METROPLAN ORLANDO on a semi - annual basis. The first
payment of THIRTEEN THOUSAND TWO HUNDRED SIXTY -ONE AND 50/100 DOLLARS
($13,261.50) shall be due and payable on October 1, 2011. The second
payment of THIRTEEN THOUSAND TWO HUNDRED SIXTY -ONE AND 50/100 DOLLARS
($13,261.50) shall occur on or before April 1, 2012. The funding
provided to METROPLAN ORLANDO by the CITY is contingent upon funding by
all local governments who are represented on the METROPLAN ORLANDO
Board; such funding being equal to $.75 per capita based on the latest
available estimates of population within each local government's
jurisdiction as provided by the Bureau of Economic and Business
Research, University of Florida. However, for the fiscal year ending
June 30, 2012, there shall be an adjustment to reduce local assessment
revenues from each city and county entity and publicly funded transit
agencies. The dollar amount stated above reflects the reduction for FY
2011/2012.
4. EFFECTIVE DATE, TERM. The effective date of this Agreement is
the date of its execution by the last party to execute this Agreement.
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City of Sanford /MetroPlan Orlando
FY 2011 -2012 Funding Agreement
The terms of this Agreement shall commence on the effective date and
terminate on September 30, 2012.
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
upon 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.
phrase, ortion of provision or
B. If any sentence, p P portion
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 hereof.
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.
B. The location for settlement of any and all lawsuits, claims,
controversies, or disputes, arising out of or relating to any
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City of Sanford /MetroPlan Orlando
FY 2011 -2012 Funding Agreement
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, FL 32772
METROPLAN ORLANDO: Executive Director
METROPLAN ORLANDO
315 East Robinson Street, Suite 355
Orlando, FL 32801 -1949
11. AUDIT AND RECORDKEEPING 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.
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City of Sanford /MetroPlan Orlando
FY 2011 -2012 Funding Agreement
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement
as of the day and year first above written.
METROPLAN ORLANDO
BY: Ini .
Print Name: Harold W. Barley
Title Executive Director
Date:
ATTEST:
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