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674-Metro Orlando 2000-2001 CITY OF SANFORD/METROPLAN ORLANDO (URBAN AREA METROPOLITAN PLANNING ORGANIZATION) FY2000-2001 FUNDING AGREEMENT ' made and entered into this/~ day of municipal corporation organized and existing under the laws of the State of Florida (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 Transportation Equity Act for the 21st Century of 1998 (TEA 21) 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 ORLAiqD0 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: METROPLANORLANDO shall provide leadership in planning and promoting a comprehensive intermodal surface transportation system that will provide for regional mobility, encourage a positive investment climate, and foster sustainable development sensitive to community and natural resources. 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; 1 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 METROPIJtNORLANDO to provide it with funding to support the functions necessary to achieve METROPLANORLANDO'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, 2000, 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 2000-01 FUNDING. The CITY agrees to allocate $27,995.25 to METROPLANORLAiqDO from the city's Fiscal Year 2000- 01 budget, to be utilized by METROPLAN ORLANDO during its fiscal year ending June 30, 2001 in accordance with this Agreement. Such funds shall be paid to METROPLAIqORLANDO in equal installments on a semi-annual basis, upon receipt of an invoice from METROPLAN ORLANDO to the CITY. The first payment shall occur effective October 1, 2000. The second payment shall occur April 1,2001. The funding provided to METROPLANORLANDO by the CITY is contingent upon funding by all local governments who are represented on METROPLAN ORLANDO; such funding being equal to $.75 per capita based on the most recent estimates of population within each local government's jurisdiction as provided by the Bureau of Economic and Business Research, University of Florida. 2 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 30,2001. 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 on 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 hereto. 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. 3 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, Florida 32772 METROPLAN ORLANDO: Executive Director METROPLANORLANDO 315 East Robinson Street, Suite 355 Orlando, Florida 32801 11. AUDIT AND RECORD KEEPING 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. 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 ATTEST: CITY OF SANFORD Title: ATTEST: 5