2348 MetroPlan Service Funding Agreement FY 2021-2022RE: Request for Services
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MetroPlan Service Funding Agreement - Fiscal Year 2021/2022.
' usuSOUTH ORANGE AVENUE
SUITE 200
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ORLANDO, FLORIDA o2ou
tro | nor|ando
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June 04, 2021
Mr. Norton N.Bonaparte, Jr.
City Manager
City of Sanford
P.(}.Box 1788
Sanford, FL32772-1788
Re: Annual Funding Agreement for FY2021/2022
Dear Mr. Bonaparte:
PH: 407.481.5672
FX: 407.481.5680
Itis once again time to execute the Annual Funding Agreement between the City of Sanford and
K8etn}Pl8nOrlando for FY2O22/2022.The enclosed Funding Agreement follows the same format as
last year's agreement. The funding amount of $30,896.00 is based on the most current data
reported by the University of Florida Bureau of Economic and Business Research in their publication
ofFlorida Estimates ofPopulation and the $O.5Oper capita assessment.
We have provided two copies of the Annual Funding Agreement. It is requested that both copies be
executed as soon as possible. Please retain one copy for your records and return acopy ozus. Your
assistance with expediting this process is appreciated.
We appreciate your continued support of the work we have underway to provide Central Florida with
a world-class transportation system serving the needs of residents, businesses and visitors.
/asn S. Loschiavo, CPA
Director of Finance and Administration
Enclosures
Cc: Ms. Eileen Hinson, Planning and Development Services Manager (Letter Only
City of Orlando
FY 2021-2o22Funding Agreement
CITY OF SANBRPLAN ORLANDO (URBAN AREA METROPOLITAN PLANNING ORGANIZATION)
FY2O2l-2O22FUNDING AGREEMENT
THIS AGREEMENT, ismade and entered into thha�wn day of 2021,byand
between City of Sanford, a municipal corporation organized and existing under the laws of the State of
Florida, whose address is3OONorth Park Avenue, Sanford, Florida 32771'(hereinafter referred toasthe
(''QTY^), and the Orlando Urban Area Metropolitan Planning Organization, d/b/a h8atroP{an Qr|ondo,A
Regional Transportation Partnership, a metropolitan planning organization, whose address is 250 South
Orange Avenue, Suite 2OO.Orlando, Florida 32801(hereinafter referred 1uea("K0etyoP!aOC)dando").
WITNESSETH
WHEREAS,metropolitan planning organizations (MPOa) are the lead transportation planning
agencies inurban areas throughout the United States; and
WHEREAS, federal |mwS and Florida Statutes provide MPOovvith the authority and responsibility
for transportation planning and funding; and
WHEREAS, the quality of life and economic vitality of our region 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, K4etrnP|an Orlando has adopted the following Mission Statement:
To provide leadership /n transportation planning byengaging the public and fostering effective
partnerships.
K4etroP|anOrlando shall achieve this mission by:
A. Preparing and maintaining up-to*datetransportation plans;
B. Setting priorities for investing transportation resources toimplement 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 hsdena|' state. and local governments and other
transportation agencies; and
G. Recruiting and retaining top quality staff and consultants.
Page 1 of 5
City of Orlando
FY 2021-2022 Funding Agreement
WHEREAS, the CITY desires to enter into this Agreement with MetroPlan Orlando to provide itwith funding
to support the functions necessary to achieve K4ebmP|an Orlando's role in planning and funding the
Orlando Kissimmee Urban Area Transportation Syatonn.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein, and other good and valuable considgn3hon, receipt and sufficiency of which are hereby
acknowledged, the CITY and K8etroP|enOrlando agree amfollows:
SECTION 1. RECITALS. The CITY and K8stnoP|an Orlando hereby declare that the recitals set
forth above are true and correct and incorporated inthis Agreement,
SECTION 2. REPORTING REQUIREMENTS. MetroMon Orlando shall provide the CITY, on a
quarterly basis commencing October 1, 2021. o written operational report which will include an
accounting of all Unified Planning Work Program Tasks for the quarter. The report Dlua1 identify each
program task, the costs allocated to the task, and the percentage of the task completed. Each quarterly
report must be cumulative.
SECTION 3.FISCAL REQUIREMENTS. The CITY shall allocate
THIRTY THOUSAND EIGHT HUNDRED NINETY-SIX DOLLARS ($30,896.00) to MetroPlan Orlando from the
C/TY'a Fiscal Year 2021-2022 budget, to be utilized by K8etroP|an Orlando during its fiscal year ending
June 30' 2022, in accordance with this Funding Agreement. These funds will be paid to K4otroP|an
Orlando on a semi-annual basis. The first payment of FIFTEEN THOUSAND FOUR HUNDRED FORTY-EIGHT
DOLLARS ($15,448.00)will bedue and payable on October 1, 2021. The second payment nfFIFTEEN
THOUSAND FOUR HUNDRED FORTY-EIGHT DOLLARS ($15,448.00) must be paid on or before April 1'
2022. The funding provided to K8etruP|an Orlando by the CITY is contingent upon funding by all |nmn!
governments who are represented on the MetroPlan Orlando Board, such funding being equal to FIFTY
CENTS ($.50) per capita based, attime 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 ofFlorida.
SECTION 4. EFFECTIVE DATE, TERM. The effective date ofthis Agreement will bethe date of
signatu re by the last party to sign this Agreement. The term of this Agreement commences on the effective
date and terminates onSeptember 3O,2O22.
SECTION 5. INTERPRETATION. The headings contained inthis Agreement are for reference
purposes only and d0not affect inany way the meaning orinterpretation Cfthis Agreement.
SECTION 6. NEGOTIATIONS. The parties tuthis Agreement acknowledge that all terms ofthis
Agreement were negotiated at arm's length and that this Agreement and all documents executed in
connection with this Agreement 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 one
entitled to the benefit of any rules of construction with respect to the interpretation of any terme,
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 Orlando
FY 2021-2022 Funding Agreement
SECTION 7. MISCELLANEOUS
A. This Funding Agreement constitutes the entire oQn*omont between the parties with
respect to the specific matters contained in this Agreement and supersedes all previous
discussions, understandings, and agreements, written or oral, between the parties to this
Agreement. Any amendments toorwaivers ofthe provisions ofthis Agreement must be
made by the parties in writing. No other agreement, ovo| or othomviae, regarding the
subject matter of this Funding Agreement may be deemed to exist or to bind either party
tVthis Agreement.
EL 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 will be deemed an independent provision and such holding will not affect the
validity of the remaining portions of this Agreement,
C. The parties hereby euknmv|odga that they have freely and voluntarily antnnaU 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. The laws of the State of Florida and all duly adopted ordinances, regulations, and policies
Of the C[P/ now in effect and those subsequently adopted govern the validity,
enforcement and interpretation of this Funding Agreement and the provisions contained
in it.
B. The location for settlement of any and all lawsuits, nkain1a' controversies, or disputes,
arising out of or relating to any part of this Funding Agreement, or any breach of this
Agreement, will beOrange 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 isbinding only between the
Page 3 of 5
City of Orlando
n2021-2o22Funding Agreement
SECTION 10. NOTICES. All notices, consents, approvals, waivers and deletions which any party
is required or desires to make or give under this Agreement must be in writing and will 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 17QQ
Sanford, FIL 32772-1788
&4ETROPLAN(]RLANOO: Executive Director
MetroPlanOdando
25OSouth Orange Avenue, Suite 2U0
Orlando, FL328O1
SECTION11.Metn)PlanOrlando shall keep and
maintain all records related to this Funding Agreement and the services rendered pursuantto this Funding
Agreement for the period required by the State of Rohde 8eOona| Records Schedule GS1,Lfo[ Local
Government Agencies orother applicable State law, whichever is greater. These records must bemade
available to the public for inspeotion, examination and copying pursuant to the terms of Chapter 119'
Florida Statutes, as this statute may be amended from time to time. If any litigation, o|a|rn or audit is
commenced, these records must be maintained until all |itigation, including appeals, claims or audits
have been concluded orresolved.
SECTION 12. DISCLAIMER. Each party tnthis Agreement, its officers, employees and agents
do not assume and specifically disclaim any liability for the acts' omissions or negligence of the other
party, its officers, employees and agents, arising from or related to this Agreement,
SECTION 13. EMPLOYEE STATUS. Persons employed by W1ntnoP|an Orlando in the
performance of services and functions pursuant to this Agreement are deemed not to he the
employees or agents of CITY. nor do these Crnp}Oyeea have any O|3inls to peOS|onS, worker's
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to CITY's officers and employees either by operation of law or by CITY. Persons employed bv
CITY in the performance of services and functions pursuant to this Agreement are deemed not to be
the employees or agents of MetroPlan Orlando, nor do these employees have any claims to pensions,
worker's compensation, unemployment compensation, civil service or other employee rights or
privileges granted to K4otroP|an Orlando's officers and employees either by operation of |avv or by
MetnnP|en0r|ando.
Page 4 of 5
City of Orlando
r,uo21-uou2Funding Agreement
SECTION 14. CONFLICT OF.INTEREST.
A. Each party agrees that it shall not engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this Agreement with the other
party nrwhich would violate orcause third parties toviolate the provisions of Part U[
Chapter 112, Florida Statutes, as this statute may be amended from time to tirno'
relating toethics ingovernment.
B. Each party hereby certifies that noofficer, agent oremployee nfthat party has any
nn@ieha| interest (as defined in Section 112.312(15), Florida Statutes, aothe statute
may be amended from time totime, as over 5%) either directly or indiveot|y, in the
business of the other party to be conducted here, and that no such person will have
any such interest etany time during the term ofthis Agreement.
C. Each party has the continuing duty to report to the other [arty any information that
indicates a possible violation of this Section.
|NWITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and
year first above written.
ATTEST:
Me roPlan Orlando
r.oP1.anO
*e
Print
?OR
Name: Gary D. Huttmann
SEAL
Title: Executive Director
— =:
Uj
1977
(CORPORATE SEAL)
Print Name:—
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