674 MetroPlan Orlando 2009
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City of Sanford/METROPLAN ORLANDO
FY 2009-2010 Funding Agreement
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.
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, 2009, 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 2009-10 CITY FUNDING REQUIREMENTS. The CITY
agrees to allocate TWENTY-EIGHT THOUSAND FIVE HUNDRED NINETEEN
DOLLARS ($28,519.00) to METROPLAN ORLANDO from the CITY's Fiscal
Year 2009-10 budget, to be utilized by METROPLAN ORLANDO during its
fiscal year ending June 30, 2010, in accordance with this
Agreement. Said funds shall be paid to METROPLAN ORLANDO on a
semi-annual basis. The first payment of FOURTEEN THOUSAND TWO
HUNDRED FIFTY-NINE AND 50/100 DOLLARS ($14,259.50) shall be due and
payable on October 1, 2009. The second payment of FOURTEEN THOUSAND
TWO HUNDRED FIFTY-NINE AND 50/100 DOLLARS ($14,259.50) shall occur
on or before April 1, 2010. 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;
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City of Sanford/METROPLl\N ORLANDO
FY 2009-2010 Funding Agreement
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, 2010, 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 2009/2010.
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, 2010.
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.
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 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
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City of Sanford/METROPLAN ORLANDO
FY 2009-2010 Funding Agreement
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 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, 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
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City of Sanford/METROPLAN ORLANDO
FY 2009-2010 Funding Agreement
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
Date:
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ATTEST:
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CITY OF SANFORD
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Date:
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ATTEST:
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