2353 LYNX Service Funding AgreementCITY OF
S.�NFORD FV]
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Asx ,r�FLORIDA
CITY COMMISSION MEMORANDUM 20-201.K
OCTOBER 26, 2020 AGENDA
To:
Honorable Mayor and Members of the City Commission L AAVU V 10-Xvvl--' I -VI -11 -/
PREPARED BY: Tom George, Deputy City Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage
SUBJECT: LYNX Service Funding Agreement
STRATEGIC PRIORITIES:
Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval of a service funding agreement between the City of Sanford and The Central Florida
Regional Transportation Authority (LYNX) for FY 2020/21 is requested.
FISCAL/STAFFING STATEMENT:
The agreement calls for the City to contribute $93,000 to LYNX for the 2020/21 Fiscal Year.
These funds are budgeted and available in the I"iscal Year 2021 budget.
BACKGROUND:
The City and LYNX entered into an Interlocal Agreement for Public Transit Services in 1995 to
Support LYNX public transportation services within the corporate limits of the City and
surrounding communities. This service funding agreement provides for the City's appropriation of
$93,000 to September 30, 2021.
LEGAL REVIEW:
There are no substantive changes from the previous agreement. Approved by the City Attorney.
RECOMMENDATION:
It is staff s recommendation that the City Commission approve the service funding agreement and
addendum to agreement between the City of Sanford and LYNX in the amount of $93,000 and
authorize the Mayor to execute the agreement on behalf of the City,
SUGGESTED MOTION:
-I move to approve the service funding agreement and addendum to the agreement between the
City of Sanford and LYNX in the amount of $93.000 and authorize the Mayor to execute the
agreement on behalf of the City."
Attachments: Service Funding Agreement between the City of Sanford and LYNX.
Service Funding Agreement
by and behveen
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 charter county and political subdivision of
the State of Florida, whose principal address is 300 N. Park Avenue, Sanford, Florida 32771
(hereinafter the "Funding Partner"), and the CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY, a body politic and corporate created pursuant to Part 111,
Chapter 343, Florida Statutes, whose principal address is 455 North Garland Avenue, Orlando,
Florida 32801 (hereinafter **LYNX").
WITNESSETH
WHEREAS, Part 11, Chapter 163, Florida Statutes (the Local Government Comprehensive
Planning and Land Development Regulation Act), provides, inter alfa, 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 3 )43.64, 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 10, 2019 (the "Prior Fiscal Year Funding
Agreement") pursuant to which the Funding Partner agreed to appropriate funds to LYNX for
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fiscal year from October 1, 2019 to September 30, 2020 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 310,'
2020; and
WHEREAS, the Funding Partner has budgeted funds for the fiscal year beginning on
October 1, 2020 and ending on September 30, 2021 ("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
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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 ten -ns 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.
"Agreement" 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" shall mean the fiscal year beginning on October 1. 2020 and ending
on September 30, 2021
"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 "NeiehborLinlk" means service provided in response to
passenger requests made in advance to LYNX, which then dispatches a vehicle to pick up the
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passengers and transport them to their destinations nrWufixed-route transfer point within
designated demand response service area.
"Fiscal Year" or^ means the twelve (\2) month period commencing
October l,2U2O and ending the following September 3O.202|.
~Service- means service provided oil urepetitive, fixed -schedule basis along
u «pcuifiu route with vebiu|un stopping to pick up and deliver passengers to opsoifiu locations.
Unlike demand o:mponou service, Fixed -Route Service services the same origins and destinations.
Fixed -Route Service includes route deviation service, where revenue vehicles deviate fronnfixsd-
owuLra nn udiscretinnury basis.
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 Y4cx1 Fiscal Year in consideration of the Public Transportation to be
provided b»LYNX hereunder for the Next Fiscal Year, uoset forth inParagraph 3below.
"NextYear" noeunu the twelve (12) month period immediately [bi|osviug the
Current Fiscal Year, and iuthe period commencing October |` 2021 and ending the fbUowio�
Sap1cnubcr3U,2022.
"OperatineExpenses" mean the expenses associated with the operations of LYNX, and
which are classified by function oractivity,
"PassengerFares" means ihe revenue carried from carrying pamucugnra in regularly
scheduled service. Passenger Fares include the haoo [urr' distance premiums, express service
premiums', tcuuobco and quantity purchased discount tuoo (i.e., daily, acvco-day. thirty -day,
student, senior, etc. tickets and yonaea).
"Passenger Trips" means the number offare-paying individuals who ride LY7N}(`sbuses
inany given period with each individual being Counted once per boarding.
--Public Transportation" means transportation byaconveyance (e.g.,bybus mrvan) that
provides regular and continuing general orspecial transportation totile public, but does not include
light rail. "Special transportation" includes transportation services being provided to the public
pursuant tnthe ADA.
"RevenueHours" mcxuo the hours o vehicle |nuvc|a while in Revenue Service, which
excludes Deadhead Hours.
"RevenueMiles" means the miles u vcbiu|n buvc|o while in flev000u Service, which
excludes Deadhead Miles.
"RevenueService" means the portion ofthe trip and/or period of time when u vehicle is
available toboard and alight fare -paying transit passengers.
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-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.
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, 2020 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,
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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. I-IoNA,Cver,
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
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Partner invoices) will be paid within thirty (30) days after the execution date of the
Agreement.
(b) Next Fiscal Year. It 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 Payment') shall be paid as provided herein.
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(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 Ten-nination Payment shall be paid in equal monthly
installments due on the first day of each month commencing October 1, 2021 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 or nccessity by LYNX after January 31 in
accordance with its procedures.
(c) Notwithstanding anything to the contrary set forth herein,
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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 routes)
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(iii) Combination of routes
(iv) Changes to service span
(v) Change to set -vice 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
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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
managernent 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 io 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
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(E) Percent farebox return (i.e., percent of Operating Expenses
recovered through firebox).
(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.
prtor quarter.
(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
(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" is a
schedule listing:
(A) All of LYNXs funding partners:
(B) The amount of funding required of each funding partner by
the Funding Model for the Current Fiscal Year ; and
(C) The amount each funding partner actually budgeted for the
Current Fiscal Year to contribute for the services contemplated in the LYNX
Funding Model.
(D1) 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
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an agency, partnership or joint venture relationship between the parties, their employees, agents,
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
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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 Funding0 Partner (the
"Breaching Party") fails to fulfill any material covenant, term or condition of this
Agreement, the other party (the "Non-Breachin C,
_Z 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 Breachin(, 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 LIP to the actual date that LYNX terminates said fixed
route service, taking into account the policies and procedures to be followed by
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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
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termination shall be effective upon one hundred twenty (120) days receipt of
written notice of termination from the party desiring to tenninate 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
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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:
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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 Linder 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 perforrn the service. rn
(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.
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(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 Keeping 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
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audit is commenced priorUothe expiration ofthe three (3) ycar'm]undcntenda6evondmuuh
period, the ' audits have
been concluded or resolved. Any person authorized by the Funding Partner shall have uuceua in
and the right hoexamine any ofthe records.
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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 chanue to this Aareement, 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 ofthis Agreement, the venue shall be in the Circuit Court nythe
Ninth Judicial Circuit, iu()cso�eCounty, P|odduorthe United States DisbiotCoudfbctbe&�idd|c
District ofFlorida, Orlando Division.
13. Remedies. Nuremedy herein conferred upon any part iointended tobeexclusive
or any other remedy, and each and every such remedy shall be cumulati ve and shall be in addition
to every other ccoucdv given hereunder or now or hereafter existing at |av/ 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 orfurther exercise dhcreoL
14. Severability. luthe event that any section. paragraph. sentence, clause o,provision
hereof be held by a court of competent jurisdiction to be invalid. such shall not affect the remaining
portions o[this Agreement which remaining portions ahu|| mrnoio in full force and effect.
15. Waiver. Performance ofthis &arcenncnt 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
uaawaiver nfany Subsequent default.
|h. Governing Law. This /\go:eoucnt mboU be �ovcrnod by and construed in
accordance with the law of the State of Florida. The pudicn to this Agreement ugo:c to onrny}y
with all applicable federal, state, and local laws, ordinances, rules and regulations pertaining to the
actions contemplated hythis /\�rceroen1.
17. Construction. Captions and uecdno headings in this &grccmocut are for
convenience and reference only, and shall iuuoway bcheld tuexplain, modify, umy|iFvoraid in
the interpretation, construction ocoocaniogo[the provisions nfthis Agreement.'
18. Notices. All notices, consents, approvals, waivers, and deletions which any party
shall berequired ncshall desire iumake or give under and inaccordance with this Agreement shall
be in writing and Must be sent by certified United States nuui| with return receipt required, or by
personal delivery with receipt required tnthe following addresses:
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As to Funding Partner: City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Attn: Norton N. Bonaparte, Jr., City Manager
As to LYNX: Central Florida Regional Transportation Authority
455 North Garland Avenue
Orlando, Florida 32801-1518
Attn: James E. Harrison, Esq., P.E., Chief Executive Officer
With copy to: Central Florida Regional Transportation Authority
455 North Garland Avenue
Orlando, Florida 32801-1518
Attn: Leonard Antmann, Director of Finance
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 Staff Attorney
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, 2020.
Unless terminated earlier in accordance with Paragraph 7 of this Agreement, this Agreement will
terminate on September 30, 2021, 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. Addendum. There is attached hereto a certain Addendum consisting of one (NA)
page. To the extent there is a conflict between the terms of this Agreement and the terms of the
Addendum, the terms of the Addendum will govern.
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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.
(Signatures appear on following page]
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SIGNATURE PAGE FOR FUNDING PARTNER
ATTEST: FUNDING PARTNER:
CITY OF SANFORD, FLORIDA
By:
City Clerk
A ood i a'vor
For the use and reliance of City of S
only. Approved as to form and lega
sufficiency.
Ite.
4 ... J" U,
City -Clerk
T
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SIGNATURE PAGE FOR LYNX
CENTRAL FLORIDA REGIONAL
TRANSPORT/ ON -A ORITY
By:
Name: Jam E. Harris .n Esq., P.E.
Title- Cl * »f Executive ffi cer
Date:
This Agreement has been reviewed as
to form by LYNX Senior Staff
Attorney. This confirmation is not to be
relied upon by any person other than
I.,)'NX or fj�iwdRy (.)tllel- p111,11
By:
Name: Carrie L. Sarver. Esq., B.C.S.
Title: Senior Staff Attorney,
Exhibit "A"
DESCRIPTION OF SERVICE AREA
DESCRIPTION OF SERVICE AREA
LINK 46 East SR 46/Downtown Sanford
Serving: Downtown Sanford, Central Florida Regional Hospital, Seminole Count)' Set -vices
Building, True Health, Sanford SunRail Station, and NeighborLink 651
LINK 46 West w. SR 46/Seminole Towne Center
Serving: Seminole Towne Center, Walmart Rinehart Road, Super Target Rinehart Road, Sanford
SunRail Station and NeiahborLink 651
I
SEMINOLE
TOWNE
M CENTER
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SANFORD
SUNRAIL
STATION
SR 46
Exhibit "B"
APPROPRIATED AMOUNT
October 2020 through September 2021 $93,000
Exhibit B City of Sanford
Transit Service Costs For FY2021
Total Cig, Transit Service Cost $93,00.0
FY2021 Billin Schedule:
October 2020
$
7,750
November 2020
$
7,750
December 2020
$
7,750
January 2021
$
7,750
,Februaryy 2021
$
7,750
March 2021
$
7,750
April 2021
$
7,750
,-May 2021
$
7,750
June 2021
$
7,750
July 2021
$
7,750
August 2021
$
7,750
-September 2021
$
7,750
Annual Funding Request from City
$93,000
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Exhibit "C"
FUNDING MODEL INFORMATION
LYNX
FY2021 Local Funding Partners
FY2021
Funding
Model
Amount
Operating Funding
FY2021
Additional Funding
Capital Agreement
Orange County
S 53,758,012
53,758,012
Osceola County
9,196,097
9,196,097
Seminole Count),
8,468,010
.8,468,010
Subtotal
$ 71,422,119
$ - S 71,422,119
City of Orlando*
$ 4,003,006
$ 850,000 S 4,853,006
City of Orlando - LYMMO
2,422,984
- 2,422,984
FDOT (SunRail Feeder Route)
1,800,000
- 1,800,000
Reedy Creek
370,325
- 370,325
Altamonte Springs
120,900
- 120,900
City of Sanford
- 93,000
- 93,000
Subtotal .__S.
8,810,215
- S 2,384,225
Subtotal Operating Funding _. $ 80,232,334 $ 850,000 S 81,082,334
Capital Contributions
Orange County S 1,806,724 $ - 1,806,724
Osceola County 253,172 - 253,172
Seminole County 218,352 - 218,352
Subtotal $ 2,278,248 $ - S 2,278,248
Total Local Funds S 82,510,582 S 850,000 $ 83,360,582
*Local match towards vehicle replacement.
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