HomeMy WebLinkAbout538-LYNX INTERLOCAL AGREEMENT
THIS AGREEMENT is entered into this c~°o +~ day of C)LJ(blo~r., 1994, by and
between the CITY OF SANFORD, FLORIDA (hereinafter "CITY"), a municipal corporation
existing under the laws of the State of Florida, and the CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY (d/b/a LYNX), an agency of the State of Florida, (hereinafter
"LYNX").
WHEREAS, the CITY, in conjunction with SEMINOLE COUNTY (hereinafter
"COUNTY"), have been actively involved in the concept of a regional multi-modal
transportation facility and associated transit system and facilities, which will be referred to
herein as PROJECT. The PROJECT will assist in providing mobility options and assist in
concentrating public infrastructure, resulting in a cost efficient land use pattern, providing
economic as well as transportation benefits to the CITY and COUNTY.
WHEREAS, the CITY and COUNTY are responsible for implementing urban mobility
elements in order to meet its requirements under the State mandated Local Government
Comprehensive Plan. The CITY also is partially responsible for meeting requirements of the
State approved Seminole Town Mall DRI, which includes an improved transportation system;
and
WHEREAS, the CITY and COUNTY have completed the "Preliminary Feasibility Study
for a Regional Intermodal Transportation Hub in the North Seminole County-Sanford Area; and
WHEREAS, the project should be investigated for inclusion in the needs plan of the
Orlando Urban Area Transportation Study 2020 Long Range Plan prepared by the Metropolitan
Planning Organization (MPO); and
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WHEREAS, the Central Florida Regional Transportation Authority (CFRTA d/b/a LYNX)
is the regional public transportation agency responsible for providing an integrated, efficient,
and comprehensive public transit system in Orange, Seminole, and Osceola Counties; and
WHEREAS, LYNX has a consultant team program and an associated planning study
funding program to fund LYNX share of the PROJECT; and
WHEREAS, the CITY is funding the local portion of the PROJECT; and
WHEREAS, the CITY and LYNX possesses the administrative and planning capabilities
to manage the PROJECT; and
WHEREAS, the CITY and LYNX agrees that the investigation of this PROJECT is
necessary and practical and in the best interests of the citizens of the Orlando Urbanized Area,
and is necessary for the CITY to plan for transit as part of its state approved Local
Government Comprehensive Plan; and '
WHEREAS, the parties to this Interlocal Agreement wish to specify in detail the
Financial, Planning, and Management responsibilities for the PROJECT.
NOW, THEREFORE, based on the foregoing the parties agree as follows:
I, RNANCES
1. The CITY and LYNX agrees to fund a portion of the PROJECT that is allocated
to the PROJECT through their respective budgets.
2. The funding from the CITY, through LYNX, shall be cost reimbursable based
upon invoice submitted and shall be based upon a 50% CITY and 50% LYNX funding
participation.
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3. The consultant who has performed various conceptual regional planning studies
will begin performance of the attached SCOPE OF WORK (ATTACHMENT A) upon execution
of this Agreement by the parties. The consultant is currently under contract with LYNX. The
general consultant contract was approved by LYNX as part of its general consultant team
program.
4. The CITY and LYNX agrees to keep complete records and accounts in order to
record complete and correct entries as to all payments to its consultant for the PROJECT.
5. Payment will be made in a lump sum upon submission of acceptable invoices.
The parties to this Agreement determine that reimbursable "actual costs" under the
Agreement will specifically include those specific cost items referenced in the SCOPE OF
WORK. The cost of the project is not to exceed $22,650 as identified in the SCOPE OF
WORK, unless mutually agreed upon by the CITY and LYNX.
6. Invoices and other back-up information will be provided to CITY by LYNX for
immediate submission for reimbursement. The CITY agrees that it will process invoices
received by the CITY and forward for payment to LYNX within fourteen (14) days of receipt.
7. The CITY and LYNX may accept support grants, assistance funds, or other
contributions from other parties or entities with an interest in this PROJECT.
8. All parties agree that all records in relation to this PROJECT shall be subject to
audit.
II. MANAGEMENT RESPONSIBILITIES
9. The parties agree that a Project Management Group (hereinafter PMG) shall be
established, and that its members are as follows:
(a) City Planner of the City of Sanford;
(b) Planning Director of the CFRTA;
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(c) Seminole County Planning Department Representative
10. Decision making on the planning detail will be by consensus of the PMG,
established under paragraph 9 herein, under the leadership of the CITY and LYNX, The PMG
will provide leadership on project administration, FTA/FDOT coordination, operations, planning,
public works coordination, managing the consultant, interacting with other agencies, citizen
groups and affected parties, etc.
IlL MISCELLANEOUS
11. By execution of this document, the parties hereby acknowledge the receipt of
consideration of the mutual promises, terms and conditions set forth in this Agreement.
12. This Agreement shall be construed, controlled and interpreted according to the
laws of the State of Florida. In any disputes or disagreements regarding the terms of this
Agreement, or the failure of the parties to abide by said Agreement, the adjudication of the
dispute shall be in the appropriate court of jurisdiction for the State of Florida. The parties
agree to be responsible for their own costs, expenses and attorney's fees in the adjudication
of any dispute.
13. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understanding applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understanding concerning the
subject matter of this Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreement whether oral or written.
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14. Nothing herein shall be construed as waiving any protection or immunities
provided by Florida law to any of the parties.
15. Amendments to this Agreement may be initiated by any party and shall become
effective upon execution of all parties of written document in the same form and manner as
this Agreement.
16. The invalidity or illegality of any provision of this Agreement as to any
circumstance, provision· or person shall not affect the remainder of this Agreement nor the
applicability of the provision involved to any other circumstances or persons to the fullest
extent provided by law.
17. Any notice required under this Agreement shall be in writing and be deemed to
be delivered when hand-delivered to the person herein designated, or upon receipt of said
notice when deposited in the United States mail, first class postage prepaid, to such party at
the name and address specified below. The parties may from time to time by written notice
to the other party change their address for giving of notice as required.
CITY: MAYOR/CITY OF SANFORD
P.O. Box 1788
Sanford, Florida 32772
LYNX: CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY
1200 West South Street
Orlando, FL 32805
18. This Agreement shall continue in effect and be binding on the parties until the
SCOPE OF WORK of the PROJECT has been completed.
IN WITNESS WHEREOF, the CiTY has caused this Interlocal Agreement to be executed
in its behalf day 199 ,by tbe Mayor of the City of Sanfe,d· and
LYNX has caused this Interlocal Agreement to be executed in its behalf this day of
· 199_, by
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CITY OF SANFORD
ATTEST:
clerk
APPROVED-AS TO FORM AND LEGALITY
for the use and reliance of the
City of Sanford, Florida, only
,~,~/,~- ,1994
City Attorney
Sanford, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
19~eJ;~;~, i.s,r~me., ~a. ack.o.,ed.ed ~.,ore me ,.,s ~ +~ day e, ~
__, ~t~P~ , an~~ity Clerk, who are personally know~
to be the Mayor and City Clerk of the City of Sanford, respectively.
Notary Public *,* ~ Exp~Ap, o6, ~s97
Serial Number:
My Commission Expires: 0F F~ ~78
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CENTRAL FLORIDA REGIONALTRANSPORTATION AUTHORITY
AUTHORITY (d/b/a LYNX)
Print Name:
Title: Executive Director
WITNESS:
r~io~~xz/~ (CORPORATE SEAL)
me:
Print Name: ~"c_~G~E>~
Name:
Print Name:
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument wa acknowledged before methis -
~ day of
~, 199~c by F:~?~/ ~ S~o~'/~/~5' , representing the Central Florida
Regional Transportation Authority (d/b/a LYNX), who is personally known to me
Notary Public NO~'AR~ ru~]C, STA_T~ O~ ~u~zb,,,
My COMMISSION EXPIRES: March 8, 1995.
Serial Number: BO~EDT~UNOT~ypUBLiCU~W~
COmmission Expires:
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