SunRail Interlocal Agreement Amendments Board of County Commissioners May 25, 2010

Presentation Outline BackgroundBackground Agreement AmendmentsAgreement Amendments Requested ActionRequested Action

Presentation Outline BackgroundBackground Agreement AmendmentsAgreement Amendments Requested ActionRequested Action

Background Three Interlocal Agreements ApprovedThree Interlocal Agreements Approved –Interlocal Funding Agreement –Interlocal Governance Agreement –Interlocal Operating Agreement

Background Interlocal Funding AgreementInterlocal Funding Agreement –FDOT –Orange County –Seminole County –Osceola County –Volusia County –City of Orlando

Background Interlocal Funding AgreementInterlocal Funding Agreement –Established Capital Funding –Maintenance Responsibilities –Required Fixed-Guideway Bond Repayment –Contemplated Station Joint Use Agreements –Outlined Station Revenue Policy –Established Cost-Sharing Procedure if bids exceed cost estimates

Background Interlocal Governance AgreementInterlocal Governance Agreement –Orange County –Seminole County –Osceola County –Volusia County –City of Orlando

Background Interlocal Governance AgreementInterlocal Governance Agreement –Created the Central Florida Commuter Rail Commission 5-member Governing Board5-member Governing Board Orange County, Seminole County, Osceola County, Volusia County, and City of OrlandoOrange County, Seminole County, Osceola County, Volusia County, and City of Orlando –Technical Advisory Committee –Customer Advisory Committee –Established FDOT 7-year Funding Period –Established Local Operating Support Cost Allocation and limits after FDOT Funding Period

Background Interlocal Operating AgreementInterlocal Operating Agreement –FDOT –Central Florida Commuter Rail Commission

Background Interlocal Operating AgreementInterlocal Operating Agreement –Established FDOT Responsibility for acquiring CSXT Corridor –FDOT Provides broad Easement to the Commission –Provided termination clause if FDOT could not reach final agreement with CSXT –FDOT assigns CSXT Agreement to the Commission after FDOT Funding Period –FDOT Transfers System, Station Property and Responsibilities to the Commission after FDOT Funding Period

Presentation Outline BackgroundBackground Agreement AmendmentsAgreement Amendments Requested ActionRequested Action

Agreement Amendments Florida Legislature ActionFlorida Legislature Action Federal Transit Administration (FTA) NegotiationsFederal Transit Administration (FTA) Negotiations CSXT NegotiationsCSXT Negotiations

Agreement Amendments Interlocal Funding AgreementInterlocal Funding Agreement –Eliminates Fixed-Guideway Bond Repayment by Local Governments –Provides FDOT ability to fund Capital cost overruns if Local Governments choose not to –Specifies FDOT funding from Work Program in geographic area of Local Government –Modifies definitions in Appendix A

Agreement Amendments Interlocal Governance AgreementInterlocal Governance Agreement –Eliminates one-year term limit on Governing Board Officers until 2011 –Updates Local Operating Support limits based on new project schedule –Clarifies process for addressing Local Operating Support cost overruns through 2036 –Outlines process for addressing Local Operating Support costs after 2036 –Modifies definitions in Appendix A

Agreement Amendments Interlocal Operating AgreementInterlocal Operating Agreement –Modifies Appendices to reflect Florida Legislature Approval and CSXT Negotiations –Revises FDOT completion dates Phase I – February 2013Phase I – February 2013 Phase II – February 2015Phase II – February 2015 –Provides for use of existing DMU’s previously purchased by FDOT

Agreement Amendments Interlocal Operating Agreement (cont’d)Interlocal Operating Agreement (cont’d) –Establishes revenue-sharing between FDOT and Local Governments for asset disposal –Outlines agreement termination provisions –Provides FDOT ability to fund System Operating Cost overruns to comply with FTA Full Funding Grant Agreement –Modifies definitions in Appendix A

Presentation Outline BackgroundBackground Agreement AmendmentsAgreement Amendments Requested ActionRequested Action

Requested Action Resolution SummaryResolution Summary –Approval of Amendment to Interlocal Funding Agreement –Approval of Second Amendment to Interlocal Governance Agreement –Consent to Execution of Third Amendment to Interlocal Operating Agreement by Commuter Rail Commission –Ratification of New Appendices of Interlocal Operating Agreement

Requested Action Approval of a Resolution regarding the Central Florida Commuter Rail System; approving and authorizing the execution of the Amendment to the Interlocal Funding Agreement; approving and authorizing the execution of the Second Amendment to the Interlocal Governance Agreement; ratifying and approving contents of new Appendices C,E,F, and G of the Interlocal Operating Agreement; consenting to execution by the Commuter Rail Commission of the Third Amendment to the Interlocal Operating Agreement; providing for conflicts and severability; and providing for an effective date.Approval of a Resolution regarding the Central Florida Commuter Rail System; approving and authorizing the execution of the Amendment to the Interlocal Funding Agreement; approving and authorizing the execution of the Second Amendment to the Interlocal Governance Agreement; ratifying and approving contents of new Appendices C,E,F, and G of the Interlocal Operating Agreement; consenting to execution by the Commuter Rail Commission of the Third Amendment to the Interlocal Operating Agreement; providing for conflicts and severability; and providing for an effective date.

SunRail Interlocal Agreement Amendments Board of County Commissioners May 25, 2010