538-LYNX Funding Agrmt 2003/04 BETWEEN CITY OF SANFORD AND LYNX ~ ~
FOR FISCAL YEAR 2003-2004
/~.~ THIS. AGREEMENT is made and entered into this ~y~/~4j day of
~ ,2003, by and between CITY OF SANFORD, a-municipal corporation
organized under the laws of the State of Florida (hereinafter the "City"), and the CENTRAL
FLORIDA REGIONAL TRANSPORTATION AUTHORITY, a body politic and corporate
created pursuant to Part II, Chapter 343, Florida Statutes, (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 City recognizes the need to provide public transit services in an efficient
manner and acknowledges the benefits of increased ridership on the regional public transit
system; and
WHEREAS, increasing traffic congestion and continued population growth require an
efficient and convenient public transit service improvements; and
WHEREAS, an efficient and convenient public transit service offers a viable alternative
to private automobile travel; and
WHEREAS, LYNX desires to provide mass transit services within the corporate limits of
the City, and
WHEREAS, the City desires to provide LYNX with funding commensurate with existing
service within the City to achieve the approved public transit levels of service.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the City and LYNX agree as
follows:
1. RECITALS. The City 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. LYNX REPORTING REQUIRMENTS. As information for the purposes of
operations and management analysis, LYNX agrees to provide the City on a quartile basis
commencing on February 1, 2004, a written performance report reflecting the operations of the
prior quarter (collectively referred to as "Performance Measures"). Each quarterly report will
include the following items:
Route map, and schedules for each route operated in City
Actual aggregate ridership mode (Fixed Route bus, Lymmo, Laser, A+
Links, Van Plan and special shuttles) in the form of the official LYNX
Monthly Ridership Reports.
g.
h.
i.
j.
k.
1.
Operational Service Characteristics Report for current services
contemporaneous updates.
Comparison of actual revenue and expenditures to budgeted revenues and
expenditures with explanations for variances that exceed Fifty Thousand
Dollars ($50,000).
LYNX Route Performance report which reports and ranks each route
monthly based on the following:
* Subsidy per passenger trip
* Passengers per trip
* Passengers per revenue hour
* Passengers per revenue mile
* Percent farebox return (percent of operating cost recovered through
farebox)
Current and contemporaneous versions of the LYNX Regional Model
Scheduled and actual Revenue Miles
Scheduled and actual Revenue Hours
Schedule of unanticipated extraordinary expenses for the prior quarter
Changes to authorized staffing
Any other information the City reasonably requests
An historical record describing route changes including, but not limited to:
1. Addition of Route(s)
3.
4.
5.
6.
7.
Elimination of Route(s)
Combination of Routes
Addition of Evening Service
Addition of Weekend Service
Other Route Scheduling Changes
Running Time Adjustments
Quarterly reporting periods shall end on December 31, March 31 June 30, and September
30, and said reports shall be submitted to the City's Transportation Planning Department after
the end of each quarter.
On an annual basis, within thirty days of receipt, LYNX shall provide the City with a
copy of all external audits, a copy of the Comprehensive Annual Financial Report that shall
include the Report on Internal Controls, Report on Compliance with Laws and Regulations, and
a copy of the management letter.
FISCAL YEAR 2003-2004 FUNDING
a. The City agrees to appropriate $170,728 to LYNX for fiscal year 2003-
2004. The funding is to be utilized by LYNX to provide public transit
services in accordance with this Agreement. The City shall pay such
funds appropriated in the City's FY 2003-2004 Budget in advance of
month of.operation to LYNX in (12) equal monthly installments, promptly
upon receipt by the City's of an invoice from LYNX for the installment
for the current month. The first such payment shall be made no sooner
than October 1, 2003.
b. LYNX agrees to utilize the funds received from the City in accordance
with the terms of this Agreement and to take all reasonable and necessary
actions in a timely manner to initiate, implement, and operate the Public
Transportation services in accordance with the terms of this Agreement.
LYNX further agrees to demonstrate such initiation, implementation, and
completion of such improvements by submitting reports to the City as
defined in Section 2 of this Agreement.
EFFECTIVE DATE. The effective date of this Agreement is October 1, 2003.
The term of this Agreement is one (1) year from its effective date.
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.
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 drat~ed
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.
MISCELLANEOUS.
a. This Agreement constitutes the entire Agreement between the parties with
respect to the specific matters contained herein and supercedes all
previous discussions, understandings, and agreements. Amendments to or
waivers of the provisions herein shall be made by the parties in writing.
No other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either party hereto.
b. If any sentence, phrase, paragraph, provision or portion of this Agreement
is for any reason held invalid or constitutional 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 hereto.
c. The parties acknowledge that they have freely and voluntarily entered into
this 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 Agreement.
d. In any action or proceeding between the parties arising out of this
Agreement, the prevailing party in such action or proceeding shall be
entitled to recover all costs of such action or proceeding incurred by it,
including reasonable attorneys' fees, at trial and on appeal.
e. Time shall be of the essence of this Agreement.
CONTROLLING LAWS.
This 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.
The location for settlement of any claims, controversies, or disputes,
arising out of or relating to any part of this Agreement, or any breach
hereof, shall be Orange County, Florida.
11.
12.
10.
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.
B1ND1NG NATURE OF AGREEMENT. This Agreement shall be
binding only between the City and LYNX, and inure to the benefit of the
successors or assigns of the parties.
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
City of Sanford
300 N. Park Avenue
Sanford, Fl 32772
Attention: A1 Grieshaber, Jr.
LYNX
Central Florida Transportation Authority
445 W. Amelia Street, Suite 800
Orlando, FL 32801-1128
Attention: William Schneeman, Acting Executive Director
with a copy to:
Central Florida Transportation Authority
445 W. Amelia Street, Suite 800
Orlando, FL 32801-1128
Attention: Margaret A. McGarrity
CFO/Director of Finance and Administrative Support
with a copy to:
Akerman, Senterfitt & Eidson, P.A.
255 S. Orange Avenue, Suite 1700
Orlando, Florida 32801
Attention: Alberto S. Bustamante III, Esq.
RECORD KEEPING PROCEDURES. 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 City 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 period, the records shall be maintained
until all litigation, including appeals, claims or audits have been concluded
or resolved. Any person authorized by the City shall have access to and
the right to examine any of the records.
FILING OF AGREEMENT. This Agreement shall be filed with the Clerk
of the Circuit Court of Seminole County, Florida, or such other public
official responsible under general or special law for the public records of
Seminole County, Florida, in accordance with Section 163.01, Florida
Statutes.
1N WITNESS WHEREOF, the parties heretmto executed this Agreement as of the day and year
first above written.
CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY
Assistant Secretary
Approved by General Counsel
Akerman, Senterfett & Eids~onrl?~A
(seal)
Printed Name:
Title:
STATE OF FLORIDA
COUNTY OF ORANGE
Th_.e foregoing instrument was acknowled~,e before me ,h;~ /.O'~ . ~
b~fi-- ~r~ , 20~ by ~. ~/]t~ ~ ~d he ac~owledged
ore me t~ ne executed the foregoing ins~ment on behalf of CENT~L FLOR~A
~GIONAL T~NSPORTATION AUTHORITY as its tree act ~d deed, and that he was
au~ofized to do so.
Serial Number: ~ ,,, ~.- ,,,.sA .................
Commission Expires: . s~ i~ w~mlssm ~ bdo20 :
ATTEST:
~ty Clerk
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
PERSONALLY APPEARED before me, the undersigned authority,
and , well known to me and known by me
to be Mayor and City Clerk, respectively,
, Florida, and acknowledged before me that they executed the
foregoing instrument on behalf of as its true act and deed,
and that they were duly authorized to do so.
WITNESS my hand and official seal this
day of
,2003,
Commission Expires:
Nalne ~
Notary Public:
Serial Number:
APPROVED AS TO FORM AND LEGALITY
For use and reliance by the
Florida, only. '
City Attorney
Sanford, Florida
,2003