HomeMy WebLinkAbout2017 12 11 Consent 304 Lynx Bus ServiceCOMMISSION AGENDA
ITEM 304
December 11, 2017
Regular Meeting
Informational
Consent
X
Public Hearings
Regular
KS
City Manager
CC
Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission authorize the City
Manager to execute an agreement, as prepared by the City Attorney, between the City of
Winter Springs and Lynx for Senior transportation to the Winter Springs Senior Center.
SYNOPSIS:
services has been a good service for our senior residents. Weekl
i from 10 -20 residents. If not for the service, some members of our senior center'
Id not be able to come or participate in the activities. The new agreement has all the
e services, rates and level of service standards agreed upon. This would be a one
agreement with four annual renewal options.
CONSIDERATIONS:
• The Lynx Agreement for Senior Center Transportation was originally approved
on January 12, 2013. We have used Lynx for 5 years and are currently paying
$14,400 for this service.
• Parks and Recreation staff has reviewed the ridership and determined that all users
need this service because they have no other means of transportation.
• The Senior Transportation Program brought between 10 -20 Winter Springs seniors to
and from the Senior Center twice a week.
• The new agreement with Lynx would provide the same level of service for FY 18 and
any additional years.
• Should the Senior Center need transportation more than 2 days per week, for
membership meetings, holiday lunches, etc., the cost per rider would not change per
agreement.
Consent 304 PAGE 1 OF 2 - December 11, 2017
. Lynx BOD met on Dec. 7, 2017 and approved the agreement.
FISCAL IMPACT:
Budgeted $14,400 in FY 18 in general budget 7250 - 530341.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission authorize the City Manager to execute the
agreement, as prepared by the City Attorney, between the City of Winter Springs and Lynx
for Senior transportation to the Winter Springs Senior Center
ATTACHMENTS:
Attachment A - City of Winter Springs Senior Lynx Bus Service Agreement
Consent 304 PAGE 2 OF 2 - December 11, 2017
�� LYNX (P
BUS SERVICE AGREEMENT
(No. 18 -C47)
by and between
CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY d /b /a LYNX
(LYNX)
and
CITY OF WINTER SPRINGS
(City)
relating to the
providing of paratransit bus service for Winter Springs Parks and Recreation Division
January 1, 2018
@LYNX 8
BUS SERVICE AGREEMENT
THIS BUS SERVICE AGREEMENT (the "Agreement') made and entered as of this 1st day of
January, 2018, by and between:
CENTRAL FLORIDA REGIONAL TRANSPORTATION AUTHORITY d /b /a LYNX
(hereinafter referred to as "LYNX "), a body politic and corporate, created by Part III, Chapter 343, Florida
Statutes, whose address is 455 North Garland Avenue, Orlando, Florida 32801
and
CITY OF WINTER SPRINGS a Florida municipal corporation, whose address is 1126 E. State Road
434, Winter Springs, Florida 32708 (hereinafter referred to as the "CITY ").
The City and LYNX shall sometimes each be referred to collectively as the "Parties".
WITNESSETH:
WHEREAS, LYNX provides public transportation in the Central Florida area including, but not
limited to, dedicated bus service for the benefit of and use by the public; and
WHEREAS, the City has expressed a need for additional or new public transportation service in and
to certain portions of Winter Springs, Florida as generally described and set forth in Exhibit "A" (the "Service
Area "), attached hereto; and
WHEREAS, the Parties have agreed to LYNX establishing and /or expanding public transportation
service in and to the Service Area to provide said additional bus transportation, and LYNX is prepared to do
so pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual premises herein contained, the parties hereto do
hereby agree as follows:
1. DEFINITIONS. For purposes of this Agreement, the following definitions shall apply, unless
the context requires otherwise or another definition is expressly provided in this Agreement:
Additional City Shall have the meaning set forth in Paragraph 8 below.
Charles
shall mean this Bus Service Agreement, as the same may be
Agreement amended from time to time.
Bus Service shall mean the revenue bus service to be provided by LYNX in and
to the Service Area as set forth in this Agreement and as more
particularly described in Exhibits "A" and "B" attached hereto.
Cost of Bus Service shall mean the actual cost incurred by LYNX to provide the Bus
Service, which for the LYNX fiscal year ending September 30,
2018, will be based on an estimated per passenger trip rate of $9.83,
Pa
including fuel and administrative costs. The foregoing per -
passenger trip rate is subject to readjustment for each succeeding
fiscal year as provided in Paragraph 3 below.
Farebox Revenue shall mean the revenue derived from LYNX from passengers
utilizing the Bus Service. In the event any such Farebox Revenue
is allocated to services provided by LYNX outside of the Service
Area, then LYNX may make a reasonable allocation of said
revenue so that the term " Farebox Revenue" relates solely to the
Farebox Revenue for the Bus Service in the Service Area.
FDOT shall mean the Florida Department of Transportation.
FTA shall mean the Federal Transit Administration.
Monthly Cost of shall mean the actual cost incurred by LYNX (based on the Cost of
Bus Service Bus Service and the actual hours of Bus Service) to provide the Bus
Service for each and every month during the term of this
Agreement.
Monthly Farebox shall mean the actual Farebox Revenue received from LYNX for
Revenue the Bus Service during each and every month during the term of
this Agreement.
Net Monthly Cost shall mean the net cost to provide the Bus Service on a monthly
of Bus Service basis, which for any particular month is equal to the Monthly Cost
of Bus Service for that month less the Monthly Farebox Revenue
for that same month.
Option Term Shall have the meaning set forth in Paragraph 3 below.
Payments Shall mean the payments to be made to LYNX by the City pursuant
to Paragraph 7 below.
Service Area shall mean the area indicated in Exhibit "A" attached hereto.
Service Schedule shall mean the frequency, times and stops for the Bus Service to be
provided by LYNX, as set forth and described in paragraph 6
below.
2. PROVIDING OF BUS SERVICE. Pursuant to the terms and conditions of this Agreement
and in consideration of the Payments, LYNX agrees to provide the Bus Service in the Service Area. In regard
to providing said Bus Service, the obligation of LYNX is subject to the following:
(a) Federal, state and local regulations applicable to LYNX including, but not limited to,
the rules and regulations promulgated from time to time by FDOT and /or FTA as applicable to LYNX;
(b) All conditions beyond the reasonable control of LYNX including but not limited to,
Acts of God, hurricanes, matters of public safety, etc.;
(c) The changing transportation needs of the City to the extent LYNX can accommodate
such needs; and
(d) The times set forth in this Agreement and other matters regarding the providing of Bus
Service are not guarantees; they are projected times for stops and starts and are subject to best efforts by LYNX,
including matters associated with traffic, accidents, etc.
3. TERM. This Agreement shall be effective on January 1, 2018 (the "Commencement Date ")
and shall, except as otherwise set forth herein or unless terminated in writing by either Party, continue through
September 30, 2018 (the "Expiration Date "). The parties shall have four (4) options to extend the term of
this Agreement for additional one (1) year periods (each, an "Option Term "). The term of this Agreement
shall automatically renew for an Option Term unless either parry provides written notice to the other of its
desire not to renew the Agreement for the particular Option Term, which notice shall be provided in accordance
with Paragraph 5 below.
4. No later than six (6) months before the end of each fiscal year of this Agreement (based on a
September 30 fiscal year), the City and LYNX shall meet in good faith to discuss each Party's intentions to as
the continuation or cessation of service for the next Option Term, as well as to consider any adjustment in the
per - passenger trip cost of providing the Bus Service as set forth under Cost of Bus Service to reflect any
changes in LYNX cost of doing so. Any modifications to the terms of this Agreement shall be set forth in
writing and approved by both parties.
5. TERMINATION.
(a) Termination at Will. This Agreement may be terminated with or without cause, by
either Party without penalty, upon no less than thirty (30) calendar days' written notice, to the non - terminating
party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of
delivery. Notice shall be effective upon receipt.
(b) Termination Due to Lack of Funds. In the event funds from governmental sources
relied upon to finance this Agreement become unavailable, the City or LYNX may terminate this Agreement
with no less than twenty -four (24) hours written notice to the other party. Notice shall be delivered by certified
mail, return receipt requested, or in person with proof of delivery. Notice shall be effective upon receipt.
(c) Termination for Breach. Unless breach is waived by the City or LYNX in writing,
either Party shall, in order to terminate this Agreement for breach, give the other Party written notice of the
breach. If the breach is not cured within thirty (30) calendar days, the non - breaching Party may terminate this
Agreement. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of
delivery. Waiver by either Party of breach of any provisions of this Agreement shall not be deemed to be a
waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement, and
shall not act as a waiver or estoppel to enforcement of any provision of this Agreement. The provisions herein
do not limit the City's or LYNX's right to remedies at law or to damages.
6. BUS SERVICE. LYNX shall provide Bus Service consistent with the terms and conditions
set forth in Exhibits "B" and "C ". Said Bus Service is subject all of the provisions of this Agreement. During
the term of this Agreement, LYNX, after discussion with the City, may adjust the Bus Service to better
accommodate the overall Bus Service to be provided under this Agreement.
M
7. PAYMENT FOR BUS SERVICE. The Bus Service to be provided by LYNX pursuant to
this Agreement is in consideration of the City paying to LYNX the Net Monthly Cost of Bus Service. In that
regard, the parties do hereby agree as follows:
(a) Within thirty (30) days after the end of each and every month, LYNX shall provide to
the City an accounting in reasonable detail sufficient to show for said month the actual Monthly Cost of Bus
Service and actual Monthly Farebox Revenue, which would show for that month the required actual payment
to be made to LYNX which would be the Net Monthly Cost for Bus Service to be paid. The City shall make
said monthly payment to LYNX within thirty (30) days after the receipt of the invoice from LYNX.
(b) To the extent the Monthly Farebox Revenue exceeds the Monthly Cost of Bus Service,
the billing to the City for that month will be zero, and neither Party will be obligated to the other. LYNX will
be entitled to keep the Monthly Farebox Revenue.
(c) For the purpose of invoicing the City, invoices and related matters will be sent to the
City or received in person at the following address:
City of Winter Springs
Parks and Recreation Division
1000 Central Winds Drive
Winter Springs, Florida 32708
(d) In any event, the obligation of LYNX to provide the Bus Service is expressly
contingent upon it receiving and only to the extent it receives the required Payments set forth above.
(e) Nothing contained in this Agreement shall obligate LYNX to provide any funding for
the Bus Service. Specifically, LYNX will not be obligated to provide any general funding it receives from any
other government agency to the Bus Service. With respect to any bus fares that may from the Bus Service
(including any interest, if any, that LYNX may obtain by virtue of any deposits if makes by virtue of any of
the Payments), those fares, interests, etc. may be retained by LYNX and used for its other bus operations and
is not required to be used for the Bus Service to be provided under this Agreement.
8. ADDITIONAL CITY CHARGES. The City is not currently charging passengers any
additional amounts to utilize the Bus Service above and beyond any Farebox Revenue that LYNX receives
( "Additional City Charges "). The City reserves the right to impose Additional City Charges on passengers in
the future, provided that the amount of such Additional City Charges and the manner in which such Additional
City Charges are collected and remitted to the City must be agreed to in writing by LYNX.
9. SECURITY DEPOSIT. No security deposit is required of the City under this Agreement.
10. ADVERTISING. The parties are aware and understand that LYNX undertakes an advertising
program on its buses and that LYNX does not specifically identify a specific bus on a specific route. From
time to time, buses will be taken out of service for maintenance and repair and replacement, and future buses
will be used from time to time to provide the Bus Service. In addition, various rules (including FTA guidelines)
provide for random assignment of buses. With this background:
(a) LYNX will be entitled to place on the buses which it uses to provide the Bus Service,
advertising from time to time.
(b) LYNX shall have the right in its reasonable discretion as to what buses and the type of
the buses that will be used to provide the Bus Service.
The foregoing assignments and other matters regarding the buses in the Bus Service will be subject in all
respects to all applicable laws including FTA and FDOT requirements. Any advertising revenue obtained
from LYNX in connection with the Bus Service will be the property of LYNX and will not be deemed to be
any "Farebox Revenue ".
11. BOND. The City shall not be required to furnish LYNX with any bond or other collateral
conditioned for the faithful performance of the duties and due accounting for all monies received by the City
under this Agreement.
12. NON - ASSIGNABILITY. This Agreement if not assignable by either Party without the prior
written consent of the other Party.
13. RELATIONSHIP OF OTHER PARTIES. The Parties are aware and agree that the
relationship between LYNX and the City under this Agreement shall be that of an independent contractor and
not an agent.
14. NO THIRD PARTY BENEFICIARY. This Agreement is solely between the parties hereto
and no person or persons not a Party hereto shall have any rights or privileges whatsoever either as a third
Party beneficiary or otherwise.
15. NOTICE. Any notice permitted to be given to either Party under this Agreement shall be in
writing and shall be deemed to be given (i) in the case of delivery, when delivered to the other Party at the
address set forth in the preamble to this Agreement, (ii) in the case of mailing, three (3) days after said notice
has been deposited, postage pre -paid, in the United States mail and sent by certified or return receipt requested
to the other Party at the address set forth in the preamble to this Agreement and (iii) in all other cases when
such notice is actually received by the Party to whom it has been sent. Notices shall be sent to the following:
As to LYNX: Leonard Antmann, Comptroller
LYNX
455 North Garland Avenue
Orlando, Florida 32801
with a copy to: Thomas Stringer, Chief Operating Officer
LYNX
455 North Garland Avenue
Orlando, Florida 32801
As to the City: Chris Caldwell, Director of Parks and Recreation
City of Winter Springs
Parks and Recreation Division
1000 Central Winds Drive
Winter Springs, Florida 32708
with a copy to: Kevin L. Smith, City Manager
City of Winter Springs
1126 E. State Road 434
31
Winter Springs, FL 32708
Either Parry may change the address to which any notices are to be given by so notifying the other parties to
this Agreement as provided in this paragraph.
16. GOVERNING LAW. This Agreement shall be construed in accordance with and governed
by the laws of the State of Florida. The parties further agree that the exclusive venue and jurisdiction over any
action arising under this Agreement shall be in the courts of Orange County, Florida. Each Party expressly
waives any right to a jury trial.
17. MISCELLANEOUS CLAUSES.
(a) Sovereign Immunity. Each Party hereto is a government agency entitled to sovereign
immunity under the laws of the State of Florida. Nothing contained in this Agreement, the relationship between
the parties hereto, the providing of the Bus Service, or otherwise shall in any way whatsoever constitute any
waiver by either Party of its rights to invoke sovereign immunity as a governmental entity.
(b) Force Maieure. The rights and obligations and duties of the parties hereunder shall
be subject to any causes beyond their reasonable control including, but not limited to, Acts of God, hurricanes,
storms, and, in the case of LYNX, government regulations and directives applicable to it.
(c) Time of Essence. The parties recognize that time is of the essence in the performance
of the provisions of this Agreement provided, however, in regard to the providing of Bus Service, that is subject
to the qualifications set forth in this Agreement.
(d) Legal Obligations. This Agreement shall not relieve any Party of any obligation or
responsibility imposed upon it by law.
(e) No Waiver. No term or provision of this Agreement shall be deemed waived and no
breach excused unless such waiver or consent shall be in writing and signed by the Party or parties claimed to
have waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver
of any other or subsequent breach. Waiver of such default and waiver of such breach shall not be construed to
be a modification of the terms of this Agreement unless stated to be such through written approval of all parties.
(f) Benefits of Service. The Payments to be paid by the City to LYNX are net, and shall
not be reduced based upon any other funding or benefits that LYNX may receive including, but not limited to,
any funding that LYNX receives from the FTA as a part of its overall ridership total.
(g) No Oral Modification. The parties agree that this Agreement is a complete expression
of the terms herein and any oral or written representations or understandings not incorporated herein are
excluded.
(h) Severability. If any of the provisions of this Agreement are held to be invalid, illegal
or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and
effect. To that end, the provisions of this Agreement are declared to be severable.
(i) Public record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of Lynx related,
VA
directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession
or control of the City or Lynx. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of Lynx is subject to the provisions of Chapter 119, Florida
Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the
City, Lynx shall promptly supply copies of said Public Records to the City. All books, cards, registers,
receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable
times during normal business hours of Lynx be open and freely exhibited to the City for the purpose of
examination and /or audit.
18. BOARD APPROVAL. This Agreement is subject to the approval by the LYNX Board of
Directors.
19. COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between
the parties hereto with respect to the management and distribution of the services contemplated herein and it
may not be amended, changed or modified except by a writing signed by both Parties.
[Signatures Begin On Following Page]
8
IN WITNESS WHEREOF, the Parties have hereunto executed this Bus Service Agreement the day and
year first above written.
Attest:
THE CITY OF WINTER SPRINGS
By:
Kevin L. Smith, City Manager
Dated:
CENTRAL FLORIDA REGIONAL
TRANSPORTATION AUTHORITY
By:
Edward Johnson
Chief Executive Officer
Reviewed as to Form:
This Contract has been reviewed as to form by
LYNX General Counsel. This confirmation is not
to be relied upon by any person other than LYNX
or for any other purpose.
AKERMAN LLP
Name: Patrick T. Christiansen
Title
Date
X
EXHIBIT "A"
Sketch of Winter Sprines Service Area
Spring
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10
EXHIBIT `B"
Description of Bus Service
The City's Park and Recreation Department will communicate directly with LYNX to indicate which
participants will be traveling by no later than 5:00 p.m. the day prior to service provision. A third -party LYNX
contractor will schedule the trips on one to two vehicles to most efficiently provide the service. Services can
only be provided as a group trip with origins and destinations with the City of Winter Springs and to /from the
same location (e.g. from individual homes to one common facilty or from one common facility to individual
homes).
LYNX will invoice the City's Parks and Recreation Division monthly on a per - passenger trip basis, less fares
collected (if the City chooses to charge a fare). LYNX will provide sufficient back -up to show trips provided
and fares collected.
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EXHIBIT "C"
Schedule of Service Times and Stops
Unless otherwise directed by the City of Winter Springs and agreed upon by the Manager of Mobility Services,
customers should be delivered to the Winter Springs Senior Center, 400 N. Edgemon Avenue, Winter Springs,
Florida 32708, by 11:00 A.M. and picked up for the return trip to individual homes by 3:30 P.M.
12