HomeMy WebLinkAbout2586 25-CO5 Svc Funding Agrmnt/COS & Central FL Reg. Transport Authorityfm
25-005 Service Funding Agreement
by and between
City of Sanford, Florida
and
Central Florida Regional Transportation Authority
THIS SERVICE FUNDING AGREEMENT ("Agreement") is made and entered into
by and between CITY OF SANFORD, FLORIDA, a municipal corporation of the State of
Florida, whose principal address is 300 N. Park Avenue, Sanford, Florida 32771 (hereinafter the
"Fundin>; Partner"), and the CENTRAL FLORIDA REGIONAL TRANSPORTATION
AUTHORITY, a body politic and corporate governed pursuant to Part 1I, Chapter 343, Florida
Statutes, whose principal address is 455 North Garland Avenue, Orlando, Florida 32801
(hereinafter "LYNX"),
WITNESSETH
WHEREAS, Part II, Chapter 163, Florida Statutes (the Local Government Comprehensive
Planning and Land Development Regulation Act), provides, inter alia, that specific public
facilities and services must be available concurrently with the impacts of development; and
WHEREAS, the Funding Partner recognizes the need to provide Public Transportation (as
hereinafter defined) in an efficient manner and acknowledges the benefits of increased ridership
on the regional transportation system; and
WHEREAS, increasing traffic congestion and continued population growth require mass
transit service improvements; and
WHEREAS, reliable and convenient mass transit service offers a viable alternative to
private automobile travel; and
WHEREAS, the Funding Partner recognizes the need to maintain and improve transit
services; and
WHEREAS, pursuant to Section 343.64, Florida Statutes, LYNX has the authority to own,
operate, maintain, and manage a Public Transportation system in the area of Orange, Seminole and
Osceola Counties; and
WHEREAS, LYNX currently provides mass transit services within the geographical
limits of the Funding Partner; and
WHEREAS, pursuant to Section 343.64, Florida Statutes, LYNX has the right to contract
with other governmental entities, including the Funding Partner, and has the right to accept funds
from such other governmental entities; and
WHEREAS, the Funding Partner and LYNX entered into an Interlocal Agreement for
Public Transit Services dated as of October 24, 2023 (the "Prior Fiscal Year Funding
Agreement") pursuant to which the Funding Partner agreed to appropriate funds to LYNX for
Pap 1 of 17 25-005
fiscal year from October 1, 2023 to September 30, 2024 to support LYNX Public Transportation
services within the Service Area (as hereinafter defined); and
WHEREAS, the term of the Prior Fiscal Year Funding Agreement ended on September 30,
2024; and
WHEREAS, the Funding Partner has budgeted funds for the fiscal year beginning on
October 1, 2024 and ending on September 30, 2025 ("Fiscal Year") to support LYNX's Public
Transportation services for such fiscal year; and
WHEREAS, LYNX and the Funding Partner wish to acknowledge that appropriate
methodology has been used to determine the recommended level of funding by each Funding
Partner; and
WHEREAS, at present, LYNX and the Funding Partner acknowledge that the funds
provided by the Funding Partner to LYNX are used as the Funding Partner's support of the regional
Public Transportation system only within the Service Area (as hereinafter defined).
NOW, THEREFORE, in and for consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the Funding Partner and LYNX
agree as follows:
1. Recitals. The Funding Partner and LYNX hereby declare that the Recitals set forth
above are true and correct and are incorporated herein and made a part of this Agreement.
2. Definitions. The following capitalized terms shall have the following meetings:
"Access LYNX" means LYNX's van transit service for medically -qualified, physically
challenged transit customers.
"ADA" means the Americans with Disabilities Act of 1990.
"Aptreement" means this Service Funding Agreement and its Exhibits and Addenda.
"Appropriated Amount" means the amount to be paid to LYNX by the Funding Partner
for the Current Fiscal Year in consideration of the Public Transportation to be provided by LYNX
hereunder, as set forth in Paragraph 3 hereof.
"Current Fiscal Year" means the fiscal year beginning on October 1, 2024 and ending on
September 30, 2025
"Deadhead Hours" means the vehicle hours of operation incurred in non -Revenue Service
in support of Revenue Service (i.e., hours from the garage to the beginning of a route).
"Deadhead Miles" means the vehicle miles incurred in non -Revenue Service in support of
Revenue Service (i.e., miles from the garage to the beginning of a route).
"Demand Response Service" or "NeighborLink" means service provided in response to
passenger requests made in advance to LYNX, which then dispatches a vehicle to pick up the
Page 2 of 17 25-005
passengers and transport them to their destinations or to a fixed -route transfer point within a
designated demand response service area.
"Fiscal Year" or "Current Fiscal Year" means the twelve (12) month period commencing
October 1, 2024 and ending the following September 30, 2025.
"Fixed -Route Service" means service provided on a repetitive, fixed -schedule basis along
a specific route with vehicles stopping to pick up and deliver passengers to specific locations.
Unlike demand response service, Fixed -Route Service services the same origins and destinations.
Fixed -Route Service includes route deviation service, where revenue vehicles deviate from fixed -
routes on a discretionary basis.
"FDOT" means the Florida Department of Transportation.
"FTA" means the Federal Transit Association.
"New Appropriated Amount" means the amount that is approved or appropriated by the
Funding Partner for the Next Fiscal Year in consideration of the Public Transportation to be
provided by LYNX hereunder for the Next Fiscal Year, as set forth in Paragraph 3 below.
"Next Fiscal Year" means the twelve (12) month period immediately following the
Current Fiscal Year, and is the period commencing October 1, 2025 and ending the following
September 30, 2026.
"Operating Expenses" mean the expenses associated with the operations of LYNX, and
which are classified by function or activity.
"Passenger Fares" means the revenue earned from carrying passengers in regularly
scheduled service. Passenger Fares include the base fare, distance premiums, express service
premiums, transfers and quantity purchased discount fares (i.e., daily, seven-day, thirty -day,
student, senior, etc. tickets and passes).
"Passenger Trips" means the number of fare -paying individuals who ride LYNX's buses
in any given period with each individual being counted once per boarding.
"Public Transportation" means transportation by a conveyance (e.g., by bus or van) that
provides regular and continuing general or special transportation to the public, but does not include
light rail. "Special transportation" includes transportation services being provided to the public
pursuant to the ADA.
"Revenue Hours" means the hours a vehicle travels while in Revenue Service, which
excludes Deadhead Hours.
"Revenue Miles" means the miles a vehicle travels while in Revenue Service, which
excludes Deadhead Miles.
"Revenue Service" means the portion of the trip and/or period of time when a vehicle is
available to board and alight fare -paying transit passengers.
Page 3 of 17 25-005
"Service Area" means generally the geographic area or the Fixed -Route Service, as the
case may be, described and set forth in Exhibit "A" attached hereto.
3. Funding Partner Obligations.
(a) Current Fiscal Year.
(i) The Funding Partner agrees to appropriate the amount specified on
Exhibit "B" attached hereto (the "Appropriated Amount") to LYNX for the Fiscal Year
for the provision of Public Transportation within the Service Area.
(ii) The Appropriated Amount shall be paid by the Funding Partner to
LYNX in twelve (12) equal monthly installments, with each installment being due on the
first day of each month. The first installment payment shall be due upon the later of
(x) October 1, 2024 or (y) thirty (30) days after the execution date of this Agreement; and
any other installment payments which would be due prior to the execution date of this
Agreement shall also be paid within thirty (30) days after the execution date of this
Agreement.
(iii) In the event that the Appropriated Amount is less than the amount
suggested by the Funding Model to fully fund the agreed upon service level in the Funding
Partner's Service Area, or in the event that the Appropriated Amount is less than the actual
cost to fully fund the agreed upon service level in the Funding Partner's Service Area,
LYNX may, at its discretion, (x) utilize reserves to fund the difference and continue to
provide the requested service level, or (y) reduce the service level in the Funding Partner's
Service Area to a level equivalent to the Appropriated Amount. However, in the event
clause (x) is applicable, then the Funding Partner will promptly pay said difference to
LYNX within thirty (30) days after the execution date of this Agreement.
(iv) In regard to Paragraph 3(a)(ii), above, for each monthly installment,
LYNX will invoice the Funding Partner on a monthly basis and said amount shall be paid
within thirty (30) days after the receipt by the Funding Partner of said invoice. However,
in regard to any monthly installments that remain unpaid prior to the execution of this
Agreement, those unpaid monthly installments (for which LYNX will furnish the Funding
Partner invoices) will be paid within thirty (30) days after the execution date of the
Agreement.
(b) Next Fiscal Year. If, prior to the termination date of this
Agreement (as set forth in Paragraph 20 below), the Funding Partner and LYNX
have not reached a written agreement setting forth an appropriation to LYNX for
the Next Fiscal Year, then, notwithstanding the expiration of this Agreement at the
end of the Current Fiscal Year and in order to continue the Public Transportation
after said expiration, the Funding Partner shall continue to pay LYNX for the Next
Fiscal Year the amount set forth below:
(i) The amount to be paid shall be the Appropriated Amount for the
Current Fiscal Year. This Appropriated Amount for the Current Fiscal Year (the "Post -
Termination Pavment") shall be paid as provided herein.
Page 4 of 17 25-CO5
(ii) LYNX will prepare and submit invoices for the Post Termination
Payments and the Funding Partner will make such Post -Termination Payments within
thirty (30) days after its receipt of such invoices from LYNX.
(iii) The Post Termination Payment shall be paid in equal monthly
installments due on the first day of each month commencing October 1, 202 until the
earliest to occur of the following: (x) LYNX and the Funding Partner reach a written
agreement setting forth a different appropriation for the Next Fiscal Year; (y) one hundred
twenty (120) days following the date that the Funding Partner, through action taken by its
governing board, notifies LYNX in writing that it wishes to terminate this Agreement and
no longer receives from LYNX the Public Transportation services provided herein; or
(z) the date that LYNX actually discontinues the Public Transportation services to the
Funding Partner, at which time this Agreement and specifically the provisions of this
Subparagraph 3(b) will no longer be applicable. LYNX may, within its discretion, reduce,
eliminate or discontinue the provision of Public Transportation services to the Funding
Partner immediately upon providing the Funding Partner with written notice of same. If
this Subparagraph 3(b) is applicable, the parties will reconcile the difference between the
amount that was paid by the Funding Partner and the amount that has been agreed upon for
the Next Fiscal Year in the first month following the earliest of the occurrences set forth
above.
(iv) If a written agreement for the Next Fiscal Year is not entered into
between LYNX and the Funding Partner by November 30 of the Next Fiscal Year, then, in
that event, LYNX will undertake the necessary procedure for the discontinuation of the
service which process takes approximately one hundred and twenty (120) days. If a new
Funding Agreement for the Next Fiscal Year is not entered into by January 31 of the Next
Fiscal Year, then LYNX may discontinue the service in accordance with its policies and
the Funding Partner will in any event pay for any service provided for the Next Fiscal Year,
including any service that may be provided of necessity by LYNX after January 31 in
accordance with its procedures.
(c) Notwithstanding anything to the contrary set forth herein,
the payment of all amounts due to LYNX hereunder shall be made in compliance
with the Florida Prompt Payment Act, codified at Sections 218.70 to 218.80,
Florida Statutes.
4. LYNX Obligations.
(a) Service. LYNX agrees to provide Public Transportation
within the Service Area during the Fiscal Year. LYNX shall request written
approval from the Funding Partner prior to implementing any of the following
changes which may result in a greater than two percent (2%) increase or decrease
of Fixed -Route Service hours within the Service Area (as computed on an annual
basis), which written approval shall not be unreasonably withheld or delayed:
(i) Addition of route(s).
(ii) Elimination of route(s).
Page 5 of 17 25-005
(iii) Combination of routes.
(iv) Changes to service span.
(v) Change to service frequency.
(vi) Changes in days of operation.
To the extent that there is any increase or decrease of Fixed -Route Service hours greater
than two percent (2%) (which would require approval of the Funding Partner), then, in that
case, there will be a corresponding increase or decrease in the Appropriated Amount to be
paid to LYNX by the Funding Partner from and after said increase or decrease is put into
effect.
(b) Quarterly Reporting. For the purposes of operations and
management analysis, LYNX agrees to provide the Funding Partner quarterly
written performance reports reflecting the LYNX operations of the prior quarter.
The quarterly reporting periods shall end on December 31, March 31, June 30 and
September 30 and said reports shall be submitted to the Funding Partner's Office
of Management and Budget and Office of Regional Mobility within forty-five (45)
days after the end of each quarter. Each quarterly report will include the following
items:
(i) Maps and schedules for each route operating in the Service Area.
(ii) Official LYNX monthly ridership reports showing a breakdown of
actual aggregate ridership by mode (i.e., Fixed -Route Service, Demand Response Service,
LYMMO, Access LYNX, Van Plan and special shuttles).
(iii) An operational service characteristics report for current services
provided, which would include (1) revenue hours, (2) revenue miles, and (3) unlinked
passenger trips.
(iv) A comparison of actual revenue and expenditures to budgeted
revenues and expenditures with explanations for variances that are plus or minus 10% and
exceed $50,000.
(v) A route performance report, which reports and ranks each route
which is located in the County for the Funding Partner, monthly based on the following:
(A) Subsidy per Passenger Trip.
(B) Passengers per trip.
(C) Passengers per Revenue Hour.
(D) Passengers per Revenue Mile.
(E) Percent farebox return (i.e., percent of Operating Expenses
recovered through farebox).
Page 6 of 17 25-005
(vi) Current and contemporaneous versions of the LYNX regional
model, which is the model used by LYNX to apportion total Operating Expenses, less
adjustments, to the Funding Partners based on Fixed -Route Service hours, ADA client
trips, and flex -service hours in their service area.
(A) A comparison of scheduled versus actual Revenue Miles.
(B) A comparison of scheduled versus actual Revenue Hours.
(C) A schedule of unanticipated extraordinary expenses for the
prior quarter.
(D) A list of changes to authorized staffing.
(E) A schedule of total training and travel expenditures for each
LYNX board member and employee for the immediately preceding
quarter. This schedule should specify the training event name,
attendee name(s), date(s) of travel and/or training, event location,
and total expenses of each trip.
(vii) Funding Model Information. Attached hereto as Exhibit "C" and is
a schedule listing involving the following:
(A) All of LYNX's funding partners.
(B) The amount of funding required of each funding partner by
the Funding Model for the Current Fiscal Year.
(C) The amount each funding partner actually budgeted for the
Current Fiscal Year to contribute for the services contemplated in
the LYNX Funding Model.
(D) LYNX shall provide quarterly updates to Exhibit "C" by
listing the amount each funding partner has paid to LYNX to date.
(viii) The amount of fund balance allocated to reserves.
(ix) Any other information the Funding Partner reasonably requests.
(c) Additional Reporting. On an annual basis, within thirty
(30) days of receipt, LYNX shall provide the Funding Partner with a copy of all
external audits, a copy of the Comprehensive Annual Financial Report, which shall
include the Report on Internal Controls, Report on Compliance with Laws and
Regulations, and a copy of the management letter.
5. Independent Contractor. LYNX expressly acknowledges that it is acting as an
independent contractor, and nothing in this Agreement is intended or shall be construed to establish
an agency, partnership or joint venture relationship between the parties, their employees, agents,
Page 7 of 17 25-005
subcontractors, or assigns, during or after performance of this Agreement. Each party hereto
agrees that it shall be solely responsible for the wrongful acts of its employees, contractors and
agents. Nothing contained herein shall constitute a waiver of sovereign immunity or the provisions
of Section 768.28, Florida Statutes. The foregoing shall not constitute an agreement by either
party to assume any liability for the acts, omissions and/or negligence of the other party.
6. Amendments. This Agreement may be amended only through a written document
approved by both the Funding Partner's Board of Commissioners and the LYNX Governing
Board, and executed by all parties hereto.
7. Termination of Agreement.
(a) For Cause. If LYNX or the Funding Partner (the
"Breaching Party") fails to fulfill any material covenant, term or condition of this
Agreement, the other party (the "Non -Breaching Party") shall give the Breaching
Party written notice of such failure or violation. If such failure or violation is not
cured within thirty (30) days from the date on which the Breaching Party receives
such notice, the Non -Breaching Party may terminate this Agreement, which shall
be effective upon thirty (30) days following the Breaching Party's receipt of a
written notice from the Non -Breaching Party to that effect or such later date as
specified in the notice. In the event the Funding Partner is the Breaching Party,
the Funding Partner will nonetheless continue to pay to LYNX for any fixed route
service furnished by LYNX up to the actual date that LYNX terminates said fixed
route service, taking into account the policies and procedures to be followed by
LYNX to terminate bus service generally (but not to exceed one hundred twenty
(120) days).
(b) For Convenience. Either LYNX or the Funding Partner
may terminate this Agreement at any time upon giving notice to that effect. Such
termination shall be effective upon one hundred twenty (120) days receipt of
written notice of termination from the party desiring to terminate this Agreement
or such later date as specified in the notice.
The provisions of this Paragraph 7 are further subject to the provisions of Subparagraph 3(c) above
as to the rights of the parties to terminate this Agreement after the end of any fiscal year as provided
in said Paragraph 3(c).
8. Audit. The Funding Partner (or its lawfully designated designee), shall have the
right to audit LYNX's books and records on an annual basis to determine compliance with the
terms, conditions and obligations imposed by this Agreement. The Funding Partner shall have full
access to all records, documents and information, whether on paper or electronic or other media
as is necessary or convenient to perform the audit.
9. Public Records. If LYNX has questions regarding the application of Chapter 119,
Florida Statues, to LYNX's duty to provide public records relating to this agreement, contact the
funding partner's custodian of public records at:
Page 8 of 17 25-005
City of Sanford
City Clerk's Office
300 N. Park Avenue
Sanford, Florida 32771
407-688-5014
LYNX understands that by virtue of this Agreement all of its documents, records and
materials of any kind, relating to the relationship created hereby, shall be open to the public for
inspection in accordance with Florida law. If LYNX will act on behalf of the Funding Partner, as
provided under section 119.011(2), Florida Statutes, LYNX, subject to the terms of section
287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall:
(a) Keep and maintain public records required by the Funding
Partner to perform the service.
(b) Upon request from the Funding Partner's custodian of public
records, provide the Funding Partner with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided by Florida law.
(c) Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except
as authorized by law for the duration of the contract term and following completion
of the contract if LYNX does not transfer the records to the Funding Partner.
(d) Subject to LYNX's obligations under the Public Records Act
and the records retention schedules promulgated thereunder, upon completion of
the contract, transfer, at no cost, to the Funding Partner all public records in
possession of the LYNX or keep and maintain public records required by the
Funding Partner to perform the service. If LYNX transfers all public records to
the Funding Partner upon completion of the contract, LYNX shall, subject to
LYNX's obligations under the Public Records Act and the records retention
schedules promulgated thereunder, destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
If LYNX keeps and maintains public records upon completion of the contract,
LYNX shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the Funding Partner, upon
request from the Funding Partner's custodian of public records, in a format that is
compatible with the information technology systems of the Funding Partner.
(e) If LYNX does not comply with a public records request, the
Funding Partner shall enforce the contract provisions in accordance with the
Agreement.
10. Record Keeuin2 Procedure. LYNX shall keep and maintain accurate records of
all services rendered in the performance of this Agreement and shall keep such records open to
inspection by the Funding Partner at reasonable hours during the entire term of this Agreement,
plus three (3) years after expiration or termination of this Agreement. If any litigation, claim or
audit is commenced prior to the expiration of the three (3) year period and extends beyond such
Page 9 of 17 25-005
period, the records shall be maintained until all litigation, including appeals, claims or audits have
been concluded or resolved. Any person authorized by the Funding Partner shall have access to
and the right to examine any of the records.
11. _Compliance with FTA/FDOT Requirements. The provisions of this Agreement,
and the Public Transportation to be provided by LYNX hereunder, is subject at all times to the
applicable statutes and rules and regulations of all applicable governmental authorities, including
those of the FTA and FDOT. In the event any such statutes or rules or regulations would require
a substantial and material change to this Agreement, then the parties will immediately meet to
review and make acceptable adjustments to this Agreement so as to comply with such statutes and
rules and regulations.
12. Litigation and Venue. In the event any party deems it necessary to take legal
action to enforce any provision of this Agreement, the venue shall be in the Circuit Court of the
Eighteenth Judicial Circuit, in Seminole County, Florida.
13. Remedies. No remedy herein conferred upon any part is intended to be exclusive
of any other remedy, and each and every such remedy shall be cumulative and shall be in addition
to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute
or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder
shall preclude any other or further exercise thereof.
14. Severability. In the event that any section, paragraph, sentence, clause or provision
hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement which remaining portions shall remain in full force and effect.
15. Waiver. Performance of this Agreement by any party, after notice of default of
any of the terms, covenants or conditions, shall not be deemed a waiver of any right to terminate
this Agreement for any subsequent default, and no waiver of such default shall be construed or act
as a waiver of any subsequent default.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the law of the State of Florida. The parties to this Agreement agree to comply
with all applicable federal, state, and local laws, ordinances, rules and regulations pertaining to the
actions contemplated by this Agreement.
17. Construction. Captions and section headings in this Agreement are for
convenience and reference only, and shall in no way be held to explain, modify, amplify or aid in
the interpretation, construction or meaning of the provisions of this Agreement.
18. Notices. All notices, consents, approvals, waivers, and deletions which any party
shall be required or shall desire to make or give under and in accordance with this Agreement shall
be in writing and must be sent by certified United States mail with return receipt required, or by
personal delivery with receipt required to the following addresses:
As to Funding Partner: City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Attn: Norton N. Bonaparte, Jr., City Manager
Page 10 of 17 25-005
As to LYNX: Central Florida Regional Transportation Authority
455 North Garland Avenue
Orlando, Florida 32801-1518
Attn: Tiffany Homier Hawkins, Chief Executive Officer
With copy to: Central Florida Regional Transportation Authority
455 North Garland Avenue
Orlando, Florida 32801-1518
Attn: Leonard Antmann, Chief Financial Officer
With a copy to: Central Florida Regional Transportation Authority
455 North Garland Avenue
Orlando, Florida 32801-1518
Attn: Carrie L. Sarver, Esq., B.C.S.,
Senior In -House Counsel
19. Binding Agreement. This Agreement is binding upon the parties and shall inure
to their successors or assigns.
20. Effective Date. The effective date of this Agreement shall be October 1, 2024.
Unless terminated earlier in accordance with Paragraph 7 of this Agreement, this Agreement will
terminate on September 30, 2024, except for the provisions of this Agreement which by their terms
survive the termination of this Agreement.
21. 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
on any party. Further, all parties drafted this Agreement jointly, 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.
22. No Third -Party Beneficiaries. This Agreement does not create, and shall not be
construed as creating, any rights enforceable by any person or entity other than the parties in this
Agreement.
23. Entiretv of the Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to the specific matters contained herein and shall supersede all
previous discussions, understandings, and agreements.
24. Indemnification.
(a) Each party hereto shall, to the extent and limits authorized
by controlling law, indemnify, hold harmless and defend one another, from and
against, all liability and expense including reasopable attorney's fees and costs, in
conjunction with any and all claims whatsoever for personal injuries or property
damage, including loss of use caused by the negligent or deliberate acts or
omissions of the party or its agents, officers or employees arising in any way out
of or from the negligent performance or failure to perform, or the intentional
Page 11 of 17 25-005
misconduct of the party, its assigns, contractors, employees or agents in
connection with any of the obligations of party under this Interlocal Agreement.
LNYX and the CITY expressly retain all rights, benefits and immunities of
sovereign immunity that are presently enjoyed under the Constitution and statutes
of the State of Florida, and particularly with respect to Chapter 768, Florida
Statutes. Notwithstanding anything set forth in this Agreement to the contrary,
nothing in this Agreement shall be deemed as a waiver of immunity or limits of
liability of LYNX or the CITY beyond any statutory limited waiver of immunity
or limits of liability which may have been adopted by the Florida Legislature or
may be adopted by the Florida Legislature and any liability of LYNX or the CITY
for damages shall not exceed the statutory limits of liability, regardless of the
number or nature of any claim which may arise including, but not limited to, a
claim sounding in tort, equity or contract. LYNX and the CITY shall in no way be
liable to any third party for any costs, expenses, losses, damages, or liabilities
incurred by any third party relative to the actions taken under this Interlocal
Agreement. Nothing in this Interlocal Agreement shall inure to the benefit of any
third party for the purpose of allowing any claim against LNYX or the CITY which
would otherwise be barred under the doctrine of sovereign immunity or otherwise
by operation of law.
(b). LYNX and the CITY shall maintain their respective risk management and
insurance programs as they deem appropriate.
25. Signatures appear on the following page
Page 12 of 17 25-CO5
IN WITNESS WHEREOF, the Funding Partner and LYNX have duly and lawfully
approved this Agreement and have authorized its execution and delivery by their respective
officers, who have set their hands and their respective seals affixed below, all as of the date first
written hereinabove.
SIGNATURE PAGE FOR FUNDING PARTNER
Passed and adopted thisg day of_ T Mr'r"' , 2024.
Attest.,
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and
Legality:
i 0A- -
am L. Colbert, Esquire
'ej City Attorney _
/�19rin�i a€ IL) U
144�4
Page 13 of 17 25-005
City Commission
Sanford, Florida,
[Signatures Continue on Following Page]
of the City of
epinole County,
SIGNATURE PAGE FOR LYNX
CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY
By:
7AKU",404-
TiTfany Homler Hawkins
Chief Executive Officer
Date: %�' /2q
This Agreement is approved as to form for
reliance only by LYNX and for no other
person and for no other purpose.
AKERMAN LLP,
Counsel for LYN ,
By.
>J,dM"
es F. smith
Date: % �� 7—
Page
Page 14 of 17 25-005
Exhibit "A"
DESCRIPTION OF SERVICE AREA
LINK 46 East E. First St./Downtown Sanford
Serving: Downtown Sanford, Central Florida Regional Hospital, Seminole County Services
Building, True Health, Sanford SunRail Station, and NeighborLink 651
SEM&MXE BLVD.
LINK 46 West W. SR 46/Seminole Towne Center
Serving: Seminole Towne Center, Walmart Rinehart Road, Super Target Rinehart Road, Sanford
SunRail Station and NeighborLink 651
i
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SANFORD
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SUNRAIL
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SR 46
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Page 15 of 17 25-005
Exhibit "B"
APPROPRIATED AMOUNT
October 2024 through September 2025 $ 93,000
FY2025 Billing Schedule:
October 2024
$
7,750
November 2024
$
7,750
December 2024
$
7,750
January 2025
$
7,750
February 2025
$
7,750
March 2025
$
7,750
April 2025
$
7,750
May 2025
$
7,750
June 2025
$
7,750
July 2025
$
7,750
August 2025
$
7,750
September 2025
$
7,750
Annual Funding Request from City
$ 93,000
Page 16 of 17 25-CO5
"Exhibit C"
Schedule Listing of LYNX Funding Partners
Subtotal Operating Funding
Capital Contnbutiom
Orange County
Osceola County
Seminole County
Subtotal
Total Local Funds
Page 17 of 17 25-005
$ 116,123,415 $ 1,157,081 $ 117,280,496
$ 3,030,684 $ - $ 3,030,684
429,706 - 429,706
376,308 - 376,308
3,836,698 - 3,836,698
$ 119,960,113 $ 1,157,081 $ 121,117,194
FY2025
SunRail Feeder
Operating Funding
Funding Agreement
Route
Total
Orange County
$ 79,417,236
$ 505,495
$ 79,922,731
Osceola County
13,735,147
108,675
13,843,822
Seminole County
13,098,018
542,911
13,640,929
Subtotal
106,250,401
1,157,081
107,407,482
City of Orlando
4,003,006
4,003,006
City of Orlando - LYMMO
3,564,620
-
3,564,620
FDOT (SunRail Feeder Route)
585,230
-
585,230
Central Florida Tourism Oversight District
1,506,258
-
1,506,258
Ahamonte Springs
120,900
120,900
City of Sanford
93,000
-
93,000
Subtotal
9,873,014
-
9,873,014
Subtotal Operating Funding
Capital Contnbutiom
Orange County
Osceola County
Seminole County
Subtotal
Total Local Funds
Page 17 of 17 25-005
$ 116,123,415 $ 1,157,081 $ 117,280,496
$ 3,030,684 $ - $ 3,030,684
429,706 - 429,706
376,308 - 376,308
3,836,698 - 3,836,698
$ 119,960,113 $ 1,157,081 $ 121,117,194