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HomeMy WebLinkAboutLYNX, Centeral Florida Regional Transportation Authority Litter Removal Agreement For LYNX Bus Shelter - 2010 01 12 EXECUTION COPY PTC -1 9 -23 -09 CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY d/b /a LYNX LITTER REMOVAL AGREEMENT (for LYNX Bus Shelters) THIS LITTER REMOVAL AGREEMENT (the "Agreement'), is made and entered into this 1 L9 day of Turtkrj, , 2040 by and among the CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY, a body politic and corporate of the State of Florida created pursuant to Part II, Chapter 343, Florida Statutes (herein referred to as "LYNX ") and CITY OF WINTER SPRINGS, a Florida municipal corporation (herein referred to as the "Public Entity "). WITNESSETH WHEREAS, LYNX is authorized to plan, develop, own, purchase, lease and otherwise maintain, operate and manage a regional public transportation system and public transportation facilities in its service area, including Orange, Seminole and Osceola counties; and WHEREAS, LYNX is authorized to contract with the both the public and private sector for performance of its duties; and WHEREAS, as a part of its public transportation system, LYNX constructs and /or permits others to construct bus stops/bus shelters and associated amenities for use by its passengers in connection with its public transportation system ( "Enhanced Bus Stops "); and WHEREAS, Enhanced Bus Stops located within the City of Winter Springs along or in the public rights -of -way know as SR 434 from US 17 -92 to SR 417 ( "SR 434 Corridor ") are part of the LYNX regional public transportation system and public transportation facilities in its service area, including Orange, Seminole and Osceola counties; and WHEREAS, LYNX has expressed a desire to install and maintain, and the Public Entity has expressed a desire to receive Enhanced Bus Stops within the SR 434 Corridor; and WHEREAS, the Public Entity has an interest in removing trash generated and disposed upon or within the SR 434 Corridor and in furtherance of this public purpose, the Public Entity desires to have installed, public receptacles at the Enhanced Bus Stops; and WHEREAS, in order to remove unsightly litter from its Enhanced Bus Stops, LYNX has also established an anti - litter program that is designed to seek the assistance of volunteer groups, individuals, corporations, or public and private entities who desire to assist LYNX with maintaining Enhanced Bus Stops free of litter (the "Program "); and {01429853,1) WHEREAS, the Public Entity desires to assist LYNX in removing litter from the Enhanced Bus Stops by providing public receptacles at the Enhanced Bus Stops installed along the SR 434 Corridor under the terms and conditions stated herein. NOW THEREFORE, the parties agree as follows: 1.0 The Public Entity shall be responsible for the following: A. Subject to the provisions of subparagraph (B) below, the Public Entity hereby leases from LYNX, for a cumulative total of one dollar ($1.00) a year, public trash receptacles to be installed by LYNX at each Enhanced Bus Stop. The design and size of the public trash receptacles shall be mutually agreed to before installation. The Public Entity will undertake and accept the responsibility for emptying the public trash receptacles leased under this Agreement and for picking -up litter at the Enhanced Bus Stops in the SR 434 Corridor. Said emptying of public trash receptacles and picking -up of litter may be performed by the Public Entity or the Public Entity's Solid Waste Contractor and will occur at least once per week. Nothing contained in this Agreement shall be construed as imposing any responsibility or liability on the Public Entity for installing, maintaining, operating, repairing, replacing, or removing the bus shelter, public trash receptacles, bike rack, bench, or any other Enhanced Bus Stop infrastructure installed by LYNX at the Enhanced Bus Stops, except, however, the installation of said infrastructure shall be subject to all applicable City Codes. B. Upon no less than thirty (30) days written notice to LYNX, the Public Entity may, at its discretion, require LYNX to undertake said litter pickup service at the Enhanced Bus Stops. In such event, the public trash receptacle lease referenced in paragraph A above shall be terminated immediately. Further, Public Entity shall pay said cost upon LYNX delivering to the Public Entity a written invoice itemizing the cost incurred by the LYNX for each Enhanced Bus Stop. The Public Entity will pay that invoice within thirty (30) days after receipt. The services provided by LYNX under this subparagraph will be billed on a monthly basis at the rate of $3.63 per Enhanced Bus Stop per pickup. C. Advise LYNX in writing and within a timely manner of any public trash receptacle that requires replacement or repair. 2.0 Lynx shall be responsible for the following: A. Acknowledge the Public Entity's participation in the Program through internal and external newsletters. B. Install and maintain one public trash receptacle at each of the Enhanced Bus Stops along or within the SR 434 Corridor. C. Upon written notice from the Public Entity, provide timely repairs or replacement of any public trash receptacle installed in accordance with this Agreement. 3.0 This Agreement shall commence on the date that the last of the parties have executed this Agreement and shall continue for a period of one (1) year. Thereafter, this Agreement will 101429853;1) 2 • renew annually at the end of each and every year; provided, however, either party may terminate this Agreement by giving at least thirty (30) days written notice to the other party. 4.0 This Agreement shall be governed by the laws of the State of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida. The parties agree that the Agreement was consummated in Seminole County, and the site of the services is Seminole County. If any dispute concerning this Agreement arises under Federal law, the venue will be Orlando, Florida. 5.0 All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE PUBLIC ENTITY: City of Winter Springs Community Development Director 1126 E. SR 434 Winter Springs, Florida 32708 (407) 327 -5970 (Phone) TO LYNX: it% Ill 6a6 icMMck roc \z' - 3a I 444 ` ,iZ cc-dam C ct r acovtcl (407) 2 5'1 -6 033 (Phone) Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 6.0 It is hereby specifically agreed that any record, document, computerized, information and program, audio or video tape, photograph, or other writing of either party related, directly or indirectly, to this Agreement and the services provided hereunder, may be deemed to be a Public Record whether in the possession or control of the Public Entity or LYNX. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of either party is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed unless permitted under the record retention schedules promulgated under Florida law. 7.0 Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. (01429853;1) 3 8.0 Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the Public Entity's or LYNX's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the either parties' potential liability under state or federal law. 9.0 Neither party hereto may assign, convey, or otherwise transfer any of its rights, obligations or interest herein without the prior written consent of the other party, with the exception that the Public Entity may assign trash pick -up to its current solid waste contractor. IN WITNESS WHEREOF; the parties hereto have caused these presents to be executed as of the day and year first written above. This Agreement is approved as to form "PUBLIC ENTITY" for reliance only by the City of Winter Springs and • no other person and for no CITY OF WINTER SPRINGS other pure. - B / Z— • nthony A. Garganese, City Attorney B y . Kevi . Smith, (' ty Manager • Date: January 20, 2010 ATTEST: • By: _/ An• •renzo- Luaces, City Clerk /01429853,11 4 "LYNX" CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY This Agreement is approved as to form for reliance only by LYNX and for no other person and for no other purpose. BY �` . ��� • S. Watson, ts ief Executive Officer AKERMAN SENTERFITT, Date: �L % ` �� Counsel for LYNX__ _ _ B 7 4 . - ** - Patrick T. Christiansen, Esq. {01429853,11 5 4,1‘s-r CITY OF WINTER SPRINGS O s COMMUNITY DEVELOPMENT DEPARTMENT _ - 0 1126 STATE ROAD 434 U cn WINTER SPRINGS, FL 32708 'g IVED Incorporated 1959 407- 327 -5967 .�LORIQ FAX:407- 327 -6695 JAN 1 I 2C 1 Y l -t `,H',21NGS . (; )r rHL C17 V CLERK MEMORANDUM TO: Andrea Lorenzo - Luaces FROM: Eloise Sahlstrom, AICP, ASLA Senior Planner RE: Execution of Litter Agreement with LYNX (resulting from Commission action on November 9, 2009- Agenda Items 500 & 600) DATE: Jan. 12, 2010 Attached are four (4) copies of the Agreement between the City and LYNX for Litter Removal at the proposed LYNX bus shelter sites. This Agreement is ready for final execution and is needed for implementation of Agenda Items 500 & 600 from Nov. 9, 2009. Item 500- Unanimous approval of Aesthetic Review for the proposed LYNX Bus Shelter and associated amenities for use along the S.R. 434 Corridor in Winter Springs (as funded by LYNX, except for minor incidentals (i.e. litter removal). Item 600- Unanimous approval to proceed with implementation of the identified locations for bus shelters to be funded by LYNX, along the LYNX 434 bus route within Winter Springs; Andrea, please see that the Agreement is executed by the City Manager (with your signature attesting) and then sent back to LYNX for their CEO to execute.