HomeMy WebLinkAboutMetroPlan FY 2017-2018 Funding Agreement 2017 09 18 City of Winter Springs/MetroPlan Orlando
FY2017-2018 Funding Agreement
CITY OF WINTER SPRINGS/METROPLAN ORLANDO (URBAN AREA METROPOLITAN PLANNING
ORGANIZATION) FY 2017-2018 FUNDING AGREEMENT
THIS AGREEMENT, is made and entered into this day of � � ,2017, by and
between City of Winter Springs,a municipal corporation organized and existing underthe 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 250 South Orange Avenue, Suite 200, Orlando, Florida 32801 (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 21st 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.
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City of Winter Springs/MetroPlan Orlando
FY2017-2018 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 Kissimmee 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 in this Agreement.
SECTION 2. REPORTING REOUIREM,ENTS. METROPLAN ORLANDO shall provide the CITY, on
a quarterly basis commencing October 1, 2017, a written operational report which will include an
accounting of all Unified Planning Work Program Tasks for the quarter. The report must identify each
program task,the costs allocated to the task,and the percentage of the task completed. Each quarterly
report must be cumulative.
SECTION 3. FISCALYEAR„2017-2018 CITY FUNDING REQUIREMENTS. The CITYshall allocate
TWO THOUSAND EIGHT HUNDRED THREE DOLLARS ($2,803.00) to METROPLAN ORLANDO from the
CITY's Fiscal Year 2017-2018 budget,to be utilized by METROPLAN ORLANDO during itsfiscal year ending
June 30, 2018, in accordance with this Funding Agreement. These funds will be paid to METROPLAN
ORLANDO on a semi-annual basis. The first payment of ONE THOUSAND FOUR HUNDRED ONE AND
50/100 DOLLARS($1,401.50)will be due and payable on October 1,2017. The second payment of ONE
THOUSAND FOUR HUNDRED ONE AND 50/100 DOLLARS ($1,401.50) must be paid on or before April 1,
2018. The funding provided to METROPLAN ORLANDO by the CITY is contingent upon funding by all local
governments who are represented on the METROPLAN ORLANDO Board, such funding being equal to
FIFTY CENTS ($.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 DATETERM. The effective date of this Agreement will be the date of
signature by the last party to sign this Agreement. The term of this Agreement commences on the effective
date and terminates on September 30, 2018.
SECTION 5. INTERPRETATION. The headings contained in this Agreement are for reference
purposes only and do 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 arm's length and that this Agreement and all documents executed in
connection with this Agreement 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.
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City of Winter Springs/MetroPlan Orlando
FY 2017-2018 Funding Agreement
SECTION 7. MISCELLANEOUS
A. This Funding Agreement constitutes the entire agreement between the parties with
respect to the specific matters contained in this Agreement and supersedes all previous
discussions, understandings,and agreements,written or oral, between the parties to this
Agreement. Any amendments to or waivers of the provisions of this Agreement must be
made by the parties in writing. No other agreement, oral or otherwise, regarding the
subject matter of this Funding Agreement may be deemed to exist or to bind either party
to this Agreement.
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 will be deemed an independent provision and such holding will not affect the
validity of the remaining portions of this Agreement.
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. The laws of the State of Florida and all duly adopted ordinances, regulations,and policies
of the CITY now in effect and those subsequently adopted govern the validity,
enforcement and interpretation of this Funding Agreement and the provisions contained
in it.
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 of this
Agreement, will 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 is binding only between the
CITY and METROPLAN ORLANDO.
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City of Winter Springs/Metro Plan Orlando
FY 2017-2018 Funding Agreement
SECTION 10. NOTICES. All notices,consents,approvals,waivers and deletions which any party
is required or desires to make or give under this Agreement must be in writing and will 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
250 South Orange Avenue,Suite 200
Orlando, FL 32801
SECTION 11. AUDIT AND 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. These records must be
made available to the public for inspection, examination and copying pursuant to the terms of Chapter
119, Florida Statutes (2016), as this statute may be amended from time to time. If any litigation, claim
or audit is commenced,these records must be maintained until all litigation, including appeals,claims or
audits have been concluded or resolved.
SECTION 12. DISCLAIMER. Each party to this Agreement, its officers, employees and agents
do not assume and specifically disclaim any liability for the acts, omissions or negligence of the other
party, its officers, employees and agents, arising from or related to this Agreement.
SECTION 13. EMPLOYEE WW,STATUS. Persons employed by METROPLAN ORLANDO in the
performance of services and functions pursuant to this Agreement are deemed not to be the
employees or agents of CITY, nor do these employees have any claims to pensions, worker's
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to CITY's officers and employees either by operation of law or by CITY. Persons employed by
CITY in the performance of services and functions pursuant to this Agreement are deemed not to be
the employees or agents of METROPLAN ORLANDO, nor do these employees have any claims to
pensions,worker's compensation, unemployment compensation,civil service or other employee rights
or privileges granted to METROPLAN ORLANDO's officers and employees either by operation of law or
by METROPLAN ORLANDO.
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City of Winter Springs/MetroPlan Orlando
FY 2017-2018 Funding Agreement
SECTION 14. CONFLICT OF
,, ,,
A. Each party agrees that it shall not engage in any action that would create a conflict of
interest in the performance of its obligations pursuantto this Agreement with the other
party or which would violate or cause third parties to violate the provisions of Part III,
Chapter 112, Florida Statutes (2016), as this statute may be amended from time to
time, relating to ethics in government.
B. Each party hereby certifies that no officer, agent or employee of that party has any
material interest (as defined in Section 112.312(15), Florida Statutes (2016), as the
statute may be amended from time to time, as over 5%) either directly or indirectly, in
the business of the other party to be conducted here, and that no such person will
have any such interest at any time during the term of this Agreement.
C. Each party has the continuing duty to report to the other party any information that
indicates a possible violation of this Section.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the day and
year first above written.
METROPLAN ORLANDO
By: L..,
Print Name: Harold W_Bar le;
Title: Executive Director
Date:,,,,,, k'..'.... .... -.... ..... ... —
ATTEST
(CORPORATE SEAL)
City of WinteSprings
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Print Name L,Yi'
Title: CAvi Momy el ...
-- -
Date:
ATTEST:
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