674-Metro Orlando 2006-2007 CITY OF sANFORD/METROPLAN ORLANDO (URBAN AREA
METROPOLITAN pLANNING ORGANIZATION) FY2006-2007 FUNDING AGREEMENT
T~IS. AGREEMENT, is made and entered into this ~ day of
~ , 2006, by and between the CITY of sANFORD, a
muni~cipa~ 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 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:
METROPLAN ORLANDO 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;
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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-
. enter intO this Agreement with
-- ~ cITY desires to ..... A~n~ to support the .
~nning and funding the Orland
· . . the mutual
NOW THEREFOP~, for and in ~onsldera%lon of
, --~ts contained herein, and other good and
· he receipt and sufficiency of which are
covenants and agreemu~
ble consideratlonf t~=~v =~ METROPLAN oRLANDO agree as
~y acknowledged, the ~ ~d
follows:
1. RECITALS. The cITY and METROPLAN ORLANDO hereby declare that
the recitals set forth above are true and correct and incorporated
herein.
METROPLAN ORLANDO agrees to provide
2 REPORt'
· ~'~,~terlV basiS commencing October 1, 2006, a
the cITY on a qu~=~ = which will include an accounting of all
written operational report The report
Unified planning work Program Tasks for the quarter.
shall identify each program task, the costs allocated to the task,
and the percentage of the task completed· Each quarterly report
shall be cumulative- _ FUNDING. The cITY agrees to allocate
3. ~~0~R~AN~rom the cITY'S Fiscal Year 2006-
oPLAN ORLANDO during its fiscal
$36 939.00 to m~lized by METR _ ' h this Agreement-
07 budget, to be u . rdance wit
30, 2007, in ac~ .... ~o~ANDO in equal .
year ending JuQ~ ' on receipt of an invoice
Such funds shaix be paid to METRQFb~
-~-~ual basiS, up ....... o~t shall occur
· lmentS on a sem~ .... TY. The rlrs~ ~ ~,~r Amril
%nsta~=~m~PnAN oRLANDO to th~.~I~aond payment sna±z o ...... = .
Irom m~ ~^¼or 1 2006. Yn~ = .... by the cITY
effective oc~ , to METROPLAN ORLANDO
· 007 The funding provided local governments who are
1. 2 ' ~ -~on funding by all .... h funding being equgl to.~[7~
contingenu u~ ·
sented on METROP~AN_~A~n%U~stimates of population
repre ..... ed on the mu=~ ..... by the Bureau of
per capita u~o jurisdiction as provided
each local government'S
Economic and Business Research, University of Florida-
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· The effective date of this Agreement
4. ~on by the last party to execute this
is the terms of this Agreement shall commence on the
Agreement- The ' ate on September 30, 2007.
date and termln
effective
· headings contained in this Agreement
areSf~rpO~ only and will not affect in any way the
· tation of this Agreement·
m~nin~ or lnterpre ....... ment acknowledge=
6 NEGOTIATI~S-_?h~_~t were negotiated au ~ connection
that all termS of t~ls ng
and that this Agreement and all documentS executed in
urther, this Agreement was
prepared and executed without undue influence
herewith were rt or on any party. F .... e entitled to the
exerted by any P9 ~1 ~arties, and no parties ~=
drafted jointly Dy ~ ~ with respeCt to the
benefit of any rules of construction
interpretation of any termS, conditionS, or provisions of this
Agreement in favor of or against any person or party who drafted
this Agreement-
7. MiscELI2%NEOUS ..... ~he entire Agreement _between
,~ A~reement sonstlt~%=~jthe specific.matter~
A. ~n~o ~s with respeuu previOus
the paru~ ~%~m%~% ~t
contained herein and supersedes all
discUSsion , ~^ parties ~eret · _ ~ ~ made by the
~=1 between u~= =. ._~ h~rein snail
waiverS of th P No other agreement,
. writing· either
parties zn regarding the subject matter of this
otherwise,
agreement shall be deemed to exist or to bind
party heretO.
an sentence, phrase, paragraph, provision or portion
B. If Y -nt is for any reason held invalid or
of this agreem~ . '
unconstitutional by any court of competent jurisdiction,
such portion shall be deemed an mndependent proVlsLon
and such holding shall not affect the valmdmty 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. cONTROLL~NGLAWS provisionS contained herein shall
A. ThiS Agreement and t~ ~ ~d interpreted according ~o
~rrued, controlleu,_~' ~ ~nd all duly adopteO
~eC~%~ of the State of ylor~u= ~
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ordinanceS, regulations, and policies of the cITY now in
effect and those hereinafter adopted-
t of any and all law suits,
The location for s~ttlem~n~nuteS' arising out=of~
B. ~]~ims controversleS,~°~reement, or any ure~
relating to an3 ~ County, Florida.
thereof, shall be Orange
Agreement agree to comply with all
The parties to this . te and local laws, ordinanceS,
C. =~n icable federa%, sta_~L~nin~ to this Agreement.
~ =nd regulations P=~= ....
inure to
9. ~ ME~ROPL~ ~npar[ies.
binding o~ly ~=~ =~ccessorS or assigns o
the benefit o~ u~= ~
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:
office of the Mayor
cITY: City of Sanford
P.O. Box 1788
Sanford, FL 32772
M~TROPLAN ORLANDO: Executive Director METROPLAN oRLANDO
315 East Robinson Street, Suite 355
orlandO, FL 32801-1949
REooRDKEEpING pR~(~F~U~' METROPLAN ORLANDO
11. ~*~urate records of all services
shall keep ~nd ma~nt this Agreement and shall keep
rendered in the performance of
such records open to inspection by the CITY at reasonable hours
during the entire term of this Agreement, plus two (2) years
Agreement- If any
· it is commenced prior to the expiration
after the expiration or termination of this
period,
litication, clazm or aud_~ =nd extends beyond such
of t~e three (3} year pei~u= ~ litigation, including
records shall be maintained until all
the claims or audits have been concluded or resolved-Any
appeals, - =-ed b~ the cITY shall have access to and the
person autnor~ ~ records.
right to examine any of the
IN wITNESS WHEREOF,
Agreement as
the parties have hereuntO executed this
of the day and year first above written.
ATTEST:
METROPLAN ORLANDO
Print Name:
Title:
Date:
Harold W. Barle~v
Executive Director
(CORPORATE SEAL)
ATTEST:
CITY OF sANFORD
By.~L
Print Name:
Title:
Linda Kuhn
Mayor
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