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674* MetroPlan 2014/2015list t �� ld To: City Clerk E: 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 FY 2014 -2015 Funding Agreement ❑ Mayor's signature ❑ Recording ❑ Rendering ® 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: 08/20/2014 To: ora ayor and Members of the City Commission PREPARED BY: Tom Geor eputy City Manager SUBMITTED BY. Norto onaparte, Jr., City Manager SUBJECT: etroPlan Orlando Annual Funding Agreement SYNOPSIS: Approval of the Annual Funding Agreement between the City of Sanford and MetroPlan Orlando for FY 2014/2015 is requested. FISCAL /STAFFING STATEMENT: Funding for FY 2014/2015 in the amount of $26,933.50 is requested; this amount is the result of a reduced assessment of $0.50 per capita from the $0.75 per capita established by the MetroPlan Board in FY 96/97. For the last five years the amount has been frozen and unchanged at $26,523. An appropriation for this funding has been provided in the proposed 2014/2015 City budget. BACKGROUND: MetroPlan Orlando, the regional transportation planning agency, provides leadership in planning and promoting a comprehensive intermodal surface transportation system. Under the agreement, MetroPlan provides a quarterly accounting of its unified planning work program to the City. Two equal payments are assessed each year; one on October 1, 2014 and one on April 1, 2015. RECOMMENDATION: It is staff's recommendation that the City Commission approve the FY 2014/2015 Funding Agreement with MetroPlan and authorize the Mayor to execute the agreement. SUGGESTED MOTION: "I move to approve the FY 2014 /2015 funding agreement between the City and MetroPlan Orlando in the amount of $26,933.50 and authorize the Mayor to execute the agreement." Attachment: MetroPlan Funding Agreement S ° ►lly City of Sanford /le oPlan Orlando FY 2014 -2015 Funding Agreement CITY OF SANFORD /METROPLAN ORLANDO (URBAN AREA METROPOLITAN PLANNING ORGANIZATION) FY 2014 -2015 FUNDING AGREEMENT THIS AGREEMENT, is made and entered into this % 9 day of C," �' , 2014, by and between the CITY OF SANFORD, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771 (hereinafter referred to as the "CITY"), and the Orlando Urban Area Metropolitan Planning Organization, d /b /a MetroPlan Orlando, A Regional Transportation Partnership, a metropolitan planning organization, whose address is 315 East Robinson Street, Suite 355, Orlando, Florida 32801 -1949 (hereinafter referred to as "METROPLAN ORLANDO "). WITNESSETH WHEREAS, metropolitan planning organizations (MPOs) are the lead transportation planning agencies in urban areas throughout the United States; and WHEREAS, the Moving Ahead for Progress in the 21St Century Act (MAP -21) provides MPOs with the authority and responsibility for transportation planning and funding; and WHEREAS, the quality of life and economic vitality of our community depends 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 transportation planning 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; c. Shaping and communicating a regional perspective on transportation issues; 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. 1 of 4 City of Sanford /MetroPlan Orlando FY 2014 -2015 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, 2014, 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. SECTION 3. FISCAL YEAR 2014 -2015 CITY FUNDING REQUIREMENTS. The CITY agrees to allocate TWENTY -SIX THOUSAND NINE HUNDRED THIRTY -THREE AND 50/100 DOLLARS ($26,933.50) to METROPLAN ORLANDO from the CITY's Fiscal Year 2014 -2015 budget, to be utilized by METROPLAN ORLANDO during its fiscal year ending June 30, 2015, 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 FOUR HUNDRED SIXTY -SIX AND 75/100 DOLLARS ($13,466.75) shall be due and payable on October 1, 2014. The second payment of THIRTEEN - THOUSAND FOUR HUNDRED SIXTY -SIX AND 75/100 DOLLARS ($13,466.75) shall occur on or before April 1, 2015. The funding provided to METROPLAN ORLANDO by the CITY is contingent upon funding by all local governments who are represented on the METROPLAN ORLANDO Board; such funding being equal to FIFTY CENTS ($.50) per capita based, at time of budget adoption, 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. 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, 2015. 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. 2 of 4 City of Sanford /MetroPlan Orlando FY 2014 -2015 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 taws, 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 3 of 4 City of Sanford /Metro Plan Orlando FY 2014 -2015 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. ATTEST: ATTEST: METROPLAN ORLANDO Print Name: Harold W. Barley Title: Executive Director Date: & , -2-3 1 `f' CITY OF Al P (CORPORATE SEAL) SANFORD ri nt Name: Title: tJJ Date: 9- , ! 'r, l Y 4 of 4