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Resolution 11-1294RESOLUTION 11-1294 A RESOLUTION OF THE CITE' COMMISSION OF THE CITY OF LONGWOO)ID, FLORIDA, AUTHORIZING THE APPROVAL AND ACCEPTANCE OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY (LYNX), THE CITE' OF ALTAMONTE SPRINGS, THE CITY OF CASSELBERRY, THE CITY OF MAITLANID, AND THE CITE' OF LONGWOOID FOR THE, FINAL DESIGN AND IMPLEMENTATION OF THE FLEXBUS TRANSIT SYSTEM; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Longwood ("City") understands the importance of mass transit opportunities and regional transportation options; and WHEREAS, FlexBus is an on -demand transit service that can provide important transit options and SunRail connectivity for the City's residents and business owners; and. WHEREAS, the City is interested in partnering with LYNX and the City of Altamonte Springs, the City of Casselberry, and the City of Maitland on the final design and implementation of the Flexl3us system; and WHEREAS, City staff have reviewed the proposed addendum to the Memorandum of Understanding and find it to be congruent with the transit needs of the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood, Florida, as follows: SECTION I. The City Commission of the City of Longwood hereby approves and accepts the addendum to the Memorandum of Understanding between LYNX, the City of Altamonte Springs, the City of Casselberry, the City of Maitland, and the City of Longwood (attached as "Exhibit A") and authorizes the Mayor to execute said document on behalf of the City. SECTION II: Conflicts. Any resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III: SeverabiIity. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution. SECTION ICI: Effective Date. This resolution shall become effective immediately upon adoption. Resolution 09-1239 PASSED BY THE CIT)( C®1l MISSION OF L®IatGWOOD, FLORIDA, IN REGULAR SESSION 'HIS - AEI ®F 2041. s ®, Mayor ATTEST: Sarah M. I�I1 irus, MI�[1 C, MBA, City Clerk Approved as to form. and legality for the use and reliance of the City of Longwood, Florida only. Resolution 09-1239 01 "Exhibit A" First Addendum to the Memorandum of Understanding Final Design and Implementation of the North Orange/South Seminole Intelligent Transportation Systems (ITS) Enhanced Circulator, now known as "FlexBus" This First Addendum to the Memorandum of Understanding dated the 315t day of January 2011 is made and entered into this day of 2011 by and between .;the Central Florida Regional Transportation Authority (hereinafter "LYNX"), the City. of Altamonte Springs (hereinafter "Altamonte Springs"), the City of Casselberry (hereinafter "Casselberry"), the City of Longwood (hereinafter "Longwood"), and the City of Maitland (hereinafter "Maitland"). WHEREAS, Longwood has expressed an interest in partnering on the Final Design and Implementation of FlexBus; and WHEREAS, Maitland has expressed an interest in partnering on the Final Design and Implementation of FlexBus; and WHEREAS, Altamonte, Casselberry, and LYNX have expressed an interest in Longwood and Maitland joining in the Final Design and Implementation of FlexBus. NOW THEREFORE, the parties hereto agree as set forth below: 1. All references to "LYNX, Altamonte Springs, and Casselberry" will be amended to read "LYNX, Altamonte, Casselberry, Longwood, and Maitland" throughout the Memorandum of Understanding. 2. Paragraph 1.b.iv. will be amended from "to incorporate Casselberry" to read "to incorporate Casselberry, Longwood, and Maitland." 3. Paragraph 4 will be amended from "obligates Altamonte Springs or Casselberry" to read "obligates Altamonte Springs, Casselberry, Longwood, or Maitland. This Memorandum of Understanding is hereby executed: Central Florida Regional Transportation Authority ("peyNXIS), By Date Printed Name: Title: The City of Altamonte Springs ("Altamonte Springs") By Date Printed Name: Title: Attest Date Printed Name: Title: The City of Casselberry ("Casselberry") By Date Printed Name: Title: Attest Date Printed Name: Title: The City o - ood ("Longwood") By Date ) Q tt Pr' t a e: J a 1i R 57 Atte t Date Printed Name: ojL-1'ir7 `7�"1Irct5,`iT�'1»C, `%►'z9�4 Title: The City of Maitland ("Maitland") By Date Printed Name: Title: Attest Date Printed Name: Title: Memorandum of Understanding Final Design and Implementation of the North Orange/South Seminole inielligen`c "iransportaiion Systems- (ITS) Enhanced Circulator, now knov,rn as "FlexBus" �f , This ilrlemorandum s of Understanding is made and entered into this 31 _ day of ,u 2011. by and between the Central Florida Regional Transportation Acrihori-ty (hereinafter "LYNY"), the City of Altamonte Springs (hereinafter "Altamonte Springs"), and the City of Casselberry (hereinafter "Casselberry"). WHEREAS, LYNX previously partnered with the cities of Altamonte Springs and Maitland, ME T ROPLAN ORLANDO, the Florida Department of Transportation ("FDOT"), Federal Transit Adniinistration ("FTA"), and Orange and Seminole Counties to conduct a study (the "Study") of the North Orange/South Semirurle Intelligent Transportation Systems (ITS) Enhanced Circulator (now (mown as the Flex Bus Transit System) ("FlexBus" or "FlexBus Transit System") which study was concluded in March 2002; and WHEREAS, LYNX previously partnered with the cities of Altamonte Springs and Maitland to conduct the Preliminary Design and Engineering and identifying Right -of -Way Acquisition (hereinafter "PD&E") in relation to the Study, .which was concluded in August 2004; and WHEREAS, the City of Maitland requested that the first operational phase of service be limited to areas outside of the incorporated area of Maitland, with the final design service area consisting of the City of Altamonte Springs; and WHEREAS, the Fitiol Design and En_gineerring for Implementotion of the FlexBus Tronsi,t System (.the "Final Design") was completed in April 2007 by TranSystems working with LYNX, Altamonte; Spritigs, and FDOT; and WHEREAS, FDOT, Seminole County, Orange County and Volusia County have committed to construct a regional commuter rail system known as SunRail; and WHEREAS, SunRail's success is dependent upon, among other things, creating a viable feeder system that will utilize circulators such as FlexBus and LYMMO to distribute riders; and WHEREAS, linking Sun'Rail stations to various points throughout the FlexBus Transit System is vital to providing safe, reliable and efficient transportation options for citizens connecting to employment centers,_housing, educational -.centers and shopping; and WHEREAS, reducing vehicle miles traveled, the creation of transit -oriented and bicycle and walkable everyday travel patterns and the creation of compact development to aid in the protection of natural resources shall he encouraged; and WHEREAS, Altamonte Springs and LYNX have suecessfully obtained various federal earmarks in the amount of $4.1 million, which have or will be used by LYNX to acquire certain hardware and related software for the FlexBus Transit System; and roemorandum of Understanding: Finel Design and Implententetion of FlexGus 12/28/2010; 11:14 Aft {01594575;3) WHEREAS, the Final Design, which was completed by FDOT in 2007, identified certain physical improvements to be completed for the System, such as roadway and similar physical improvements; and WHEREAS, the City of Altamonte Springs has commenced construction of those physical improvements; thus, construction of portions of the FlexBus infrastructure have advanced past the planning phase and are now under construction; WHEREAS, to nov✓ complete the FlexBus Transit System will require funding and final design of the technical components of the FlexBus Transit System (the "Technical Component") which would include additional hardware and software to supplement that set forth above, engaging a contractor to update the Final Design documents, as well the acquisition of the actual buses for said system (all of which funding is referred to as the "Additional Funding"); WHEREAS, LYNX will serve as the lead agency in this initiative to acquire the Additional Funding, drawing upon its mission to provide linkages between major activity centers, and now transit points, for its riders; and WHEREAS, Casselberry has expressed an interest in joining LYNX and Altamonte Springs in the initial FlexBus deployment. NOW, THEREFORE, the parties hereto agree as set forth below: 1. The Final Design of FlexBus requires review and update due to the passage of time since its completion. in that regard: a. LYNX, Altamonte Springs, and Casselberry will each assign a project manager as a point of contact for the update of the Final Design documents. Attach'inent "A" lists the project managers at the time of execution of this remorandum, however these are subject to change upon the notification by one party to all other parties to this agreement. b. LYNX, Altamonte Springs, and Casselberry will work collaboratively to have the Final Design documents, (which were completed by TranSysterns in AprR' 2007), updated in order to prepare for the deployment of FlexBus service. In that regard: i.- Tiie scope of s&vices for the update of'the Final Design documents will be developed by the parties to this Memorandum prior- to release. ii. A contractor will be chosen using an existing contract with one of the parties, or if the scope does not fit within an existing contract, a scope of services will be released to competitively procure contractor services to undertake updating the Final Design documents. Nlemorandunz of Understanding: Final Design and Implementation of Flex. us January 2011-1 2 iii. All parties to this Memorandum will approve the choice of contractor for the update of the final design documents prior to issuance of 'a work order. if a competitive process is used for selection of a contractor, each party to this Memorandum will be involved in the evaluation of the responses. iv. Final Design documents will be updated to incorporate Casselberry into the initial deployment area with connections and operations to be coordinated and integrated with the proposed SunRail, the commuter rail system. This will involve the determination of station locations, recommended roadway improvements, and ridership estimates which will then he utilized to update the documents. v. The actual contracting with a contractor to update the Final' Design documents will be contingent upon obtaining the requisite Additional Funding. 2. LYNX, Altamonte Springs, and Casselberry will work cooperatively to: a. Obligate existing funding sources and identify any required local match for use of such funds for the Additional Funding. b. Identify and secure funding sources for the update of the Final Design documents, procurement of capital items, construction, implementation, and operating costs of the FlexBus system. 3. Upon the obtaining of the commitment for the Additional Funding, the parties will then enter into further agreements which will provide that they will work cooperatively to deploy FlexlBus on-dernand demand -responsive transit service, as defined in the Final Design documents including updates following this Memorandum, with an anticipated start of 'operations prior to or simultaneous with the start of operations of SunRail. 4. LYNX agrees that it shall not execute an agreement with or male a commitment to any federal, state, or local agency, or a private entity, which commits or obligates Altamonte Springs or Casselberry in any way without their respective prior written approval, including but not limited to the type, amount, or proportionate share contributions to the studies o'r project. Nothing contained in this Memorandum will obligate any party (including LYNX) to incur any cost or expenses or any commitment to provide any Additional Funding. S. The parties are independent contractors and are not employees or agents of each other. Nothing in this agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the parties, their employees, agents, subcontractors or assigns, during or after performance of this memorandum. This Memorandum of Understanding is hereby executed: Memorandum of Understanding! Final Design and Impfementatic, n of Fleseus January 2011 3 J By pri nted �ame: The City of Altamonte Springs ("Aliar-nonte Springs") By Printed Name: Patricia Bates Title: k4ayur ATTEST: Sun va The City of Casselherry ("Cassel be rry") By Printed Name: Charlene nty Title: Maynr/Cummissinner DonnaG. Gardner City Clerk � Date ' Dat. o )-q | Attachment A Project Managers The following are the project managers for each party at the time of execution of the Memorandum of Understanding. Any party can change the project manager by providing written notice to the other parties. Central Florida Regional Transportation Authority ("LYNX") Doug Jamison Senior ITS Developer 455 North Garland Avenue Orlando, Florida 32801 (407) 254-6071 djamison@golynx.com City of Altamonte Springs ("Altan-tonte Springs") Jamie Coker Senior Planner 225 Newburyport Avenue Altamonte Springs, Florida 32701 (407) 571-8146 jcoker@altamonte.org City of Casselberry ("Casselbervvl Kelly Brock City Engineer 95 Triplet Lake Drive Casselberry, Florida 32707 (407) 262-7725, Extension 1235 I<brocl<@casselberry.org PAemorandum of Understanding: Final Design and lmplementation of FreuBus January 2011 5