674-Metro Orlando 2012-2013 -1k
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CITY MANAGER'S OFFICE
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑ Ordinance
❑ Resolution
® MetroPlan Orlando Funding Agreement
❑ Mayor's signature
❑ Recording ,�, /�,� f
❑ Rendering ' Ace 1'�Cl"
p Ci-A ® Safe keeping /records retention
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
From: Debbie Simmons, City Manager's Office Date: 8/16/12
City of Sanford /MetroPlan Orlando
FY 2012 -2013 Funding Agreement
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 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, receipt and sufficiency of which are
hereby acknowledged, the CITY and METROPLAN ORLANDO agree as follows:
SECTION 1. RECITALS. The CITY and METROPLAN ORLANDO hereby declare that the recitals set
forth above are true and correct and incorporated herein.
SECTION 2. REPORTING REQUIREMENTS. METROPLAN ORLANDO agrees to provide the CITY,
on a quarterly basis commencing October 1, 2012, a written operational report which will include an
accounting of all Unified Planning Work Program Tasks for the quarter. The report shalt identify each
program task, the costs allocated to the task, and the percentage of the task completed. Each
quarterly report shall be cumulative.
SECTION 3. FISCAL YEAR 2012 -2013 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 2012 -2013 budget, to be utilized by METROPLAN ORLANDO during
its fiscal year ending June 30, 2013, in accordance with this Funding 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, 2012.
The second payment of THIRTEEN - THOUSAND TWO HUNDRED SIXTY -ONE AND 50/100 DOLLARS
($13,261.50) shall occur on or before April 1, 2013. The funding provided to METROPLAN ORLANDO by
the CITY is contingent upon funding by all local governments who are represented on the METROPLAN
ORLANDO Board; such funding being equal to SEVENTY -FIVE CENTS ($.75) per capita based, at time of
budget adoption, on the latest available estimates of population within each local governments
jurisdiction as provided by the Bureau of Economic and Business Research, University of Florida.
However, for the fiscal year ending June 30, 2013, 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 2012/2013.
SECTION 4. EFFECTIVE DATE, TERM. The effective date of this Agreement shall be the date
of signature by the last party to sign this Agreement. The terms of this Agreement shall commence on
the effective date and terminate on September 30, 2013.
SECTION 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.
SECTION 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.
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• City of Sanford /MetroPlan Orlando
FY 2012 -2013 Funding Agreement
SECTION 7. MISCELLANEOUS
A. This Funding 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 Funding Agreement shall be deemed to exist or to bind either party hereto.
B. If any sentence, phrase, paragraph, provision or portion of this Funding 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
Funding 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 Funding
Agreement.
SECTION 8. CONTROLLING LAWS
A. This Funding 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 part of this Funding Agreement, or any breach thereof,
shall be Orange County, Florida.
C. The parties to this Funding Agreement agree to comply with all applicable Federal,
State, and local laws, ordinances, rules and regulations pertaining to this Agreement.
SECTION 9. BINDING NATURE OF AGREEMENT. This Agreement shall be binding only between
the CITY and METROPLAN ORLANDO.
SECTION 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
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City of Sanford /MetroPlan Orlando
FY 2012 -2013 Funding Agreement
SECTION 11. AUDIT AND RECORDKEEPING PROCEDURES. METROPLAN ORLANDO shall keep
and maintain all records related to this Funding Agreement and the services rendered pursuant to this
Funding Agreement for the period required by the State of Florida General Records Schedule GS1 -L for
Local Government Agencies or other applicable State law, whichever is greater. Said records shall be
made available to the public for inspection, examination and copying pursuant to the terms of Chapter
119, Florida Statutes. If any litigation, claim or audit is commenced, said records shall be maintained
until all litigation, including appeals, claims or audits have been concluded or resolved.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and year
first above written.
METROPLAN ORLANDO
By: 6 (n. ,
Print Name: Harold W. Barley
Title: Executive Director
Date: Gm)),
ATTEST:
a 2 -ZEL-6,4 (CORPORATE SEAL)
CITY OF SANFORD
By:
Print Name: da Y,4.D..r.y
Title: U t- YVv;1/4 vl 0 Y
Date: & � ' 4 1 (2--
ATTEST:
/ V
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