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Home My WebLink About2015 07 27 Consent 300 MetroPlan FY 2015-2016 Funding AgreementCOMMISSION AGENDA ITEM 300 Informational Consent X Public Hearings Regular July 27, 2015 KS KL Regular Meeting City Manager Department REQUEST: Public Works Department Requests that the City Commission Approve the City of Winter Springs/MetroPlan Orlando FY 2015 -2016 Funding Agreement. SYNOPSIS: The City of Winter Springs is a member of the MetroPlan Municipal Advisory Committee which now has voting membership on the MetroPlan Orlando Board. This Agreement formalizes the prorated cost of membership which is $2,817 annually. CONSIDERATIONS: The attached Annual Funding Agreement is between the City of Winter Springs and MetroPlan Orlando for FY 2015/2016. The Funding Agreement is the standard agreement with all members who have voting membership on the MetroPlan Orlando Board. As a Municipal Advisory Committee (MAC) member, which now has voting membership on the MetroPlan Orlando Board, the cost is based on a total of $25,000 prorated by population to all members of the MAC. The funding amount of $2,817 is based on the most current data reported by the University of Florida Bureau of Economic and Business Research in their publication of Florida Estimates of Population and the prorated per capita assessment. FISCAL IMPACT: The City's FY 2105/2016 share of $2,817 will be funded from the Transportation Improvement Fund which has a primary funding source from the Local Option Gas Tax. COMMUNICATION EFFORTS: Consent 300 PAGE 1 OF 2 - July 27, 2015 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission Approve the City of Winter Springs/MetroPlan Orlando FY 2015 -2016 Funding Agreement. ATTACHMENTS: 1. Metroplan Orlando Funding Agreement Cover Letter (1 page) 2. Metroplan Orlando FY 2015 -2016 Funding Agreement (4 pages) Consent 300 PAGE 2 OF 2 - July 27, 2015 metroplan orlando ovu.r.. A REGIONAL TRANSPORTATION PARTNERSHIP June 10, 2015 Honorable Charles Lacey Mayor City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Annual Funding Agreement for FY2015/2016 Dear Mayor Lacey: Enclosed is the Annual Funding Agreement between the City of Winter Springs and MetroPlan Orlando for FY 2015/2016. The enclosed Funding Agreement is the standard agreement with all members who have voting membership on the MetroPlan Orlando Board. As a Municipal Advisory Committee (MAC) member, which now has voting membership on the MetroPlan Orlando Board, your amount is based on a total of $25,000 prorated by population to all members of the MAC. The funding amount of $2,817.00 is based on the most current data reported by the University of Florida Bureau of Economic and Business Research in their publication of Florida Estimates of Population and the prorated per 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 a copy to us. Your assistance with expediting this process is appreciated. As a reminder, you will be invoiced in two installments due on October 1, 2015 and April 1, 2016. No payment is due at this time. We appreciate your 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. Sincerely /ons. os chiavo, CPA Director of Finance and Administration Enclosures 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 laws 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 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: To provide leadership in transportation planning by engaging the public and fostering effective partnerships. 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; 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. 1 of 4 City of Winter Springs /MetroPlan Orlando FY 2015 -2016 Funding Agreement WHEREAS, the CITY desires to enter into this Agreement with METROPLAN ORLANDO to provide it with funding to support the functions necessary to achieve METROPLAN ORLANDO's 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 METROPLAN ORLANDO agree as follows: SECTION 1. RECITALS. The CITY and METROPLAN ORLANDO hereby declare that the recitals set forth above are true and correct and incorporated herein. SECTION 2. REPORTING REQUIREMENTS. METROPLAN ORLANDO agrees to provide the CITY, on a quarterly basis commencing October 1, 2015, 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. SECTION 3. FISCAL YEAR 2015 -2016 CITY FUNDING REQUIREMENTS. The CITY agrees to allocate TWO THOUSAND EIGHT HUNDRED SEVENTEEN DOLLARS ($2,817.00) to METROPLAN ORLANDO from the CITY's Fiscal Year 2015 -2016 budget, to be utilized by METROPLAN ORLANDO during its fiscal year ending June 30, 2016, in accordance with this Funding Agreement. Said funds shall be paid to METROPLAN 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 of ONE THOUSAND FOUR HUNDRED EIGHT AND 50/100 DOLLARS ($1,408.50) shall occur on or before April 1, 2016. The funding provided to METROPLAN ORLANDO by the CITY is contingent upon funding by all local governments who are represented on the METROPLAN ORLANDO Board; such funding being equal to FIFTY CENTS ($.50) per capita based, at time of budget adoption, on the latest available estimates of population within each local government's jurisdiction as provided by the Bureau of Economic and Business Research, University of Florida. SECTION 4. EFFECTIVE DATE, TERM. 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 on the effective date and terminate on September 30, 2016. SECTION 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. SECTION 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 upon 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. 2 of 4 City of Winter Springs /MetroPlan Orlando FY 2015 -2016 Funding Agreement SECTION 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 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 Funding Agreement shall be deemed to exist or to bind either party hereto. B. 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 shall be deemed an independent provision and such holding shall 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 all negotiations in connection with this Funding Agreement. SECTION 8. CONTROLLING LAWS A. This Funding 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 lawsuits, claims, controversies, or disputes, arising out of or relating to any part of this Funding Agreement, or any breach thereof, shall be Orange 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 shall be binding only between the CITY and METROPLAN ORLANDO. SECTION 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 Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 METROPLAN ORLANDO: Executive Director MetroPlan Orlando 315 East Robinson Street, Suite 355 Orlando, FL 32801-1949 3of4 City of Winter Springs /MetroPlan Orlando 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 shall 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: fnr• Print Name: Harold W. Barley Title: Executive Director Date: ATTEST: Aiut'�J�. i, jz&�� (CORPORATE SEAL) ATTEST: CITY OF WINTER SPRINGS By: Print Name: Title: Date: 4of4