HomeMy WebLinkAbout2015 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.
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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.
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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
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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:
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