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538-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 1 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. 2 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; 3 (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. 4 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 5 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 6 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: 7