586-MPO-1996 CITY OF SANFORD/ORLANDO URBAN AREA
METROPOLITAN PLANNING ORGANIZATION FY1996-97 FUNDING AGREEMENT
, by and between the CITY of SANFORD, a municipal
corporation organized and existing under the laws of the State of
Florida (hereinafter "CITY" ) , and the Orlando Urban Area
Metropolitan Planning Organization, (hereinafter "MPO").
WITNESSETH
WHEREAS, metropolitan planning organizations are the lead
transportation planning agencies in urban areas throughout the
United States; and
WHF~REAS, the Federal Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) expanded the MPO's authority and
responsibility for transportation planning and funding; and
WHEREAS, the expanded authority and responsibility of the MPO
required a reorganization of the agency and an increase in its
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, the MPO 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, the MPO has adopted the following Mission Statement:
The MPO 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. The MPO 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.
W~ERMAS, the CITY desires 6o enter into this Agreement with the
MPO to provide it with funding to support the increased staff
functions necessary to achieve the MPO'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 MPO agree as follows:
1. RECITALS. The City and MPO hereby declare that the recitals
set forth above are true and correct and incorporated herein.
2. MPO REPORTING REQUIREMENTS. The MPO agrees to provide the
CITY on a quarterly basis commencing October 1, 1996, 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 1996-97 FUNDING. The CITY agrees to allocate
$17,656 to the MPO from its Fiscal Year 1996-97 budget, to be
utilizedby the MPO in accordance with this Agreement. Such funds
shall be paid to the MPO in four equal installments on a quarterly
basis, upon receipt of an invoice from the MPO to the CITY. The
first such payment shall occur no sooner than October 1# 1996. The
funding provided to the MPObythe CITY is contingent upon funding
by all local governments who are represented on the MPO; such
funding being equal to $.50 per capita based on the most recent
estimates of population within each local government's
jurisdiction.
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, 1997.
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.
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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.
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 hereof, 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 the MPO, and inure to the benefit of the
successors or assigns ofthe 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
MPO: Executive Director
Orlando Urban Area MPO
1011 Wymore Road, Suite 105
Winter Park, Florida 32789
11. AUDIT ANDRECORDKEEPING PROCEDURES. The MPO 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.
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IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement as of the day and year first above written.
THE ORLANDO URBANARBA
METROPOLITANPLANNING ORGANIZATION
~ BYrint Bil 1 Doneqan
Title Board Chairman
ATTEST: ,
(CORPORATE SEAL)
CITY OF SANFORD
Title:
ATteST: