HomeMy WebLinkAboutMetroPlan FY 2015-2016 Funding Agreement 2015 07 29 City of Winter Springs/MetroPlan Orlando
FY 2015-2016 Funding Agreement
CITY OF WINTER SPRINGS/METROPLAN ORLANDO (URBAN AREA METROPOLITAN PLANNING
ORGANIZATION) FY 2015-2016 FUNDING AGREEMENT
THIS AGREEMENT, is made and entered into this day of 2015, by and
between the CITY OF WINTER SPRINGS, a municipal corporation organized and existing under the taws
of the State of Florida, whose address is 1126 East State Road 434, Winter Springs, Florida 32708
(hereinafter referred to as the "CITY"), and the Orlando Urban Area Metropolitan Planning
Organization, d/b/a MetroPlan Orlando, A Regional Transportation Partnership, a metropolitan
planning organization, whose address is 315 East Robinson Street, Suite 355, Orlando, Florida 32801-
1949 (hereinafter referred to as "METROPLAN ORLANDO").
WITNESSETH
WHEREAS, metropolitan planning organizations (MPOs) are the lead transportation planning
agencies in urban areas throughout the United States; and
WHEREAS, the Moving Ahead for Progress in the 21' Century Act (MAP-21) provides MPOs with
the authority and responsibility for transportation planning and funding; and
WHEREAS, the quality of life and economic vitality of our community depends on coordinating
transportation issues and developing complementary plans and policies; and
WHEREAS, METROPLAN ORLANDO has the Lead rote 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:
To provide leadership in transportation planning by engaging the public and fostering effective
partnerships.
METROPLAN ORLANDO shalt 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.
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R015'01O Funding Agreement
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WHEREAS, the CITY desires to enter into this Agreement with METROPLAN ORLANDO to provide
it with funding tO support the functions necessary to ach]fyxeAAETROPLAN ORLANDO'm 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, receipt and sufficiency of which are hereby
acknowledged, the CITY and /0ETROPL4N ORLANDO agree as follows:
SECTION 1. RECITALS. The CITY and A8ETROPU\N ORLANDO hereby declare that the recitals set
forth above are true and correct and incorporated herein'
SECTION 2. REPORTING REQUIREMENTS. N\ETR(]PL4N ORLANDO agrees tO provide the CITY, OO
a quarterly basis cVrnOneOCing October 1, 2015, a written operational report which will include an
accounting ufall Unified Planning Work Program Tasks for the quarter. The report 3hdii identify each
program task, the costs allocated tw the task, and the percentage Of the task completed. Each quarterly
report shalt becumulative.
SECTION 3. ' The CITY agrees to
allocate TWO THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS ($2'817'00) 1uN\ETRDPLAN ORLANDO
from the C|TY's Fiscal Year 2O15-2O16 budget, to be utilized h« 0\ETNOPLAN ORLANDO during its fiscal
year ending June 30, 2016, in accordance with this Funding Agreement. Said funds shall be paid to
/NETROPLAN ORLANDO on a semi-annuaL basis' The first payment Of ONE THOUSAND FOUR HUNDRED
EIGHT AND 50/100 DOLLARS ($1,408.50) shall be due and payable On October 1, 2015. The Second
payment ofONE THOUSAND HOUR HUNDRED EIGHT AND 50/100 DOLLARS ($1,408'50) shall occur on Or
before April 1, 2016' The funding provided 1wA8ETROPLAN ORLANDO by the CITY is contingent upon
funding by all local governments who are represented on the METROPLAN ORLANDO Board; such funding
being equal to FIFTY CENTS ($'50} per capita based, at time of budget adoption, DO the [5tR9t available
estimates Of population within each iO[d| governments jurisdiction as provided by the Bun2dU of
Economic andBu5iness Research, University Of Florida.
SECTION 4, EFFECTIVE DATE, TE . The effective date of this Agreement shall be the date of
signature by the last party tO sign this Agreement. The terms of this Agreement shall commence oOthe
effective date and terminate nn September 3O, ZOl6'
SECTION 5, INTERPRETATION. The headings contained in this Agreement are for reference
purposes only and wilt not affect in any way the meaning or interpretation of this Agreement.
SECTION 8. NEGOTIATIONS. The parties tmthis Agreement acknowledge that all terms 0fthis
Agreement were negotiated at arms Length and that this Agreement and aii documents executed in
connection herewith were prepared and executed without undue influence exerted h»any party urupon
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.
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FY 2015-2016 Funding Agreement
SEK]FK}N 7, MISCELLANEOUS
A. This Funding 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 t0or waivers of the provisions herein shalt be made h»the parties in
writing. No other agreement, Oral or otherwise, regarding the subject matter 0fthis
Funding Agreement shall b8 deemed 10 exist ortO bind either party hereto.
B. |f 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 shalt b8deemed an independent provision and such holding shalt not affect the
validity of the remaining portions hereof.
C. The parties hereby acknowledge that they have freely and voluntarily entered into this
Funding Agreement and that each party has been given the opportunity to receive the
advice of independent legal counsel for at[ negotiations in connection with this Funding
Agreement.
SECTION 8. CONTROLLING LAWS
A. This Funding Agreement and the provisions contained herein ShDii be construed,
controlled, and interpreted according tothe laws Of the State ufFlorida and all duty
adopted ordinances, regulations, and policies of the CITY now in effect and those
hereinafter adopted.
B. The location for settlement Of any and all lawsuits, claims, controversies, or disputes,
arising out OfOr relating to any part ofthis Funding Agreement, or any breach thereof,
shall be Orange County, Florida.
C. The parties tothis Funding Agreement agree to comply with at(applicable Federal, State,
and local laws, ordinances, rules and regulations pertaining to this Agreement.
SECTION 9. BINDING NATURE OF AGREEMENT. This Agreement shall be binding only between
the CITY and/WETROPL4NORLANDO.
SECT/ON 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 shalt bein writing and shalt be
sufficient only when mailed by certified rnDiL first class postage affixed, addressed as follows:
CITY: Office 8f the Mayor
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
N\ETROPLAN ORLANDO: Executive Director
MetruPian {]riando
315 East Robinson Street, Suite 355
Orlando, FL 32801-1949
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FY 2015-2016 Funding Agreement
SECTION 11. AUDIT AND RECORDKEEPING PROCEDURES. METROPLAN ORLANDO shall keep
and maintain all records related to this Funding Agreement and the services rendered pursuant to this
Funding Agreement for the period required by the State of Florida General Records Schedule GS1-L for
Local Government Agencies or other applicable State law, whichever is greater. Said records shall be
made available to the public for inspection, examination and copying pursuant to the terms of Chapter
119, Florida Statutes. If any litigation, claim or audit is commenced, said records shalt be maintained
until all litigation, including appeals, claims or audits have been concluded or resolved.
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:
ATTEST:
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in (CORPORATE SEAL)
CITY OF WINTER SPRINGS
By:
Print Name:
Title:
Date:
ATTEST:
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