Interlocal Agreement #133National Railroad Passenger Corporation, 400 North Capitol Street, N.W., Washington, D.C. 20001 Telephone (202) 383 -3000
Amtrak ®Arm=
August 20, 1986
Ms. Sylvia Firestine
Acting Administrative Assistant
City of Okeechobee
City Hall
55 Southeast Third Avenue
Okeechobee, Florida 33474 -2932
Dear Ms. Firestine:
Thank you for sending back a copy of the signed Agreement
between the City of Okeechobee and Amtrak for construction of a
station facility.
In circulating the Agreement to proceed with the work, it was
noted that Exhibit A to the Agreement contained an error in the
width of the passenger crossing. The final estimate was based on a
10 foot wide pedestrian crossing instead of 20 feet.
Enclosed is a copy of a corrected version of Exhibit A. Please
substitute the respective page in the Agreement and indicate below
the City's concurrence in this correction with the appropriate
signature. Please return a copy of this letter when it is signed.
If there should be any questions, please call me.
Enclosure
Agreed and Accepted this 22nd
August
1986.
City of Okeechoby
Sincerely,
/1/4, 10101"
W. M. Leatherwoocj; Jr.
State and Community
Affairs officer
day of
AN EQUAL OPPORTUNITY EMPLOYER
NATIONAL RAILROAD PASSENGER CORPORATION
and
THE CITY OF OKEECHOBEE
AGREEMENT FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF A
RAIL PASSENGER STATION AND APPURTENANT FACILITIES
AT OKEECHOBEE, FLORIDA
EXHIBIT A
WORK OF THE PROJECT
The following is a general description of the work and
costs of the Project:
Construction of a 100 foot platform and a 10 foot crossing.
TOTAL $13,452.00
NATIONAL RAILROAD PASSENGER CORPORATION
and
THE CITY OF OKEECHOBEE
AGREEMENT FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF A
RAIL PASSENGER STATION AND APPURTENANT FACILITIES
AT OKEECHOBEE, FLORIDA
THIS AGREEMENT, made as of the 28th day of July
1986, by and between the National Railroad Passenger Corporation,
a corporation organized under the Rail Passenger Service Act and
the laws of the District of Columbia and having its principal
office and place of business in Washington, D.C. (hereinafter
referred to as "Amtrak ") AND the City of Okeechobee, a municipal
corporation, (hereinafter referred to as "the City ").
WHEREAS, pursuant to the Rail Passenger Service Act, as
amended (45 U.S.C. § 501 et seq.), Amtrak is required to operate
a basic national rail passenger system (as defined in the said
Act), a portion of which system is operated by Amtrak between
Miami and Tampa, Florida; and
WHEREAS, Amtrak and the City wish to provide for the
construction of a rail passenger station and appurtenant facil-
ities to serve the City of Okeechobee, which station and appurte-
nant facilities will be used and operated by Amtrak; and
WHEREAS, Amtrak and the City wish to set forth the
terms and conditions governing the construction, operation and
2
maintenance of the said station and appurtenant facilities,
including mutual apportionment of the costs and expenses thereof.
NOW, THEREFORE, in consideration of the mutual cove-
nants herein
1.
construction
contained, the parties hereto agree as follows:
The purpose of this Agreement is to provide for the
of a rail passenger station and appurtenant
facil-
ities at Okeechobee, Florida (hereinafter referred to as "the
Project ") to be used and operated by Amtrak; to state the terms
and conditions upon which the said Project shall be undertaken
and
completed;
maintenance of
intercity
rail
and to provide for subsequent operation and
the Project for the purpose of serving Amtrak's
passenger service.
The scope of the Project shall
be as set forth in Exhibit A attached hereto and made part
hereof. All work of engineering and construction in connection
therewith shall be provided for by Amtrak which may employ, in
its discretion, the work forces of independent contractors
selected by Amtrak which, for the purposes of this Agreement, may
include those of the Seaboard System Railroad (hereinafter
referred to as "Seaboard ").
2. The parties acknowledge that Amtrak's intercity
rail passenger trains make no scheduled stop at Okeechobee,
Florida on the right -of -way of Seaboard. Therefore, the parties agree
that the Project shall not be implemented unless and until the
following conditions precedent shall have been met:
First: that Seaboard shall have agreed, on terms and
conditions acceptable to Amtrak, to permit
3
Amtrak's intercity rail passenger trains to stop
at Okeechobee, Florida for the purpose of boarding
and discharging passengers.
Second: that Seaboard shall have agreed to lease or otherwise
make available, on terms and conditions acceptable
to Amtrak, the necessary land to enable Amtrak to
construct a station building, and other necessary
facilities, including parking facilities, on
Seaboard's right -of -way at Okeechobee, Florida.
Third: that Amtrak shall have determined, in accordance
with its customary practices and procedures, that
sufficient of its capital funds are available and
authorized to be expended to meet the costs of
operating and maintaining the Project pursuant to
the Rail Passenger Service Act.
3. Subject to all the terms and conditions of this
Agreement, the City agrees to pay all costs of engineering and
construction required to implement the Project; provided, how-
ever, that the maximum obligation of the City hereunder shall not
exceed thirteen thousand four hundred and fifty -two dollars
($13,452.00), which sum the City acknowledges to be the cost of
the Project.
4. The City hereby agrees to reimburse Amtrak for all
payments relating to the Project up to the maximum amount agreed
to pursuant to Section 3 hereof.
5. The aforesaid payments shall be made by Amtrak
against invoices presented to it by Seaboard and other independent
contractors. Promptly upon such payment, Amtrak shall submit to
the City copies of the respective invoice or invoices together
with evidence of payment thereof by Amtrak. Concurrently there-
with, Amtrak shall submit a statement of amount due to Amtrak,
which amount shall include the amount of the aforesaid payment
plus one -half percent of such payment as a fee in respect of
Amtrak's costs of administration, accounting and billing here-
under. The City shall reimburse Amtrak in full within thirty
(30) days of the date of mailing of each such invoice, evidence
of payment and statement; provided, however, that Amtrak hereby
agrees to allow a one -half percent discount on each reimbursement
hereunder made by the City within ten (10) days of the aforesaid
date of mailing.
6. Upon reasonable notice, Amtrak shall permit audi-
tors or any other duly authorized agent of the City to inspect
all books, records and accounts relating to the Project. All
such books, records and accounts shall be maintained by Amtrak
and be accessible to the City for a period of three (3) years.
7. The Project, including all parts thereof con-
structed, improved or repaired under the terms of this Agreement
shall become the property of Amtrak. Maintenance and operational
liability agreements will be in accordance with the existing
agreements between Amtrak and Seaboard. The City shall not be
liable for any further expenses or costs, including injury or
damage to third parties, as a result of work performed under this
Agreement, except in the event of negligence or willful act of
the City, its officers, employees, agents or servants.
8. The provisions of this Agreement shall be subject
to force majeure. Amtrak shall not be liable for any failure on
the part of Seaboard or other independent contractor to perform under
the terms of any agreements with Amtrak or for any delay or
cancellation in connection with such performance.
9. Any notices required by this Agreement or related to
the Project shall be in writing and be directed to the officials
identified herein by personal delivery or by deposit in the
United States mail via first class mail, postage prepaid:
For Amtrak:
City and Community Affairs Officer
National Railroad Passenger Corporation
400 North Capitol Street, N.W.
Washington, D.C. 20001
For the City: City Administrator
City of Okeechobee
City Hall
55 Southwest Third Avenue
Okeechobee, Florida 33874 -2932
10. This Agreement constitutes the entire agreement
between the parties. There are no agreements, whether express or
implied, except as may be expressly set forth herein. All prior
agreements and understandings between them with respect to the
Project are subsumed within this Agreement. No change or modi-
fication in or to this Agreement shall be of any force or effect
unless in writing, dated and executed by duly authorized officers
of the parties.
11. This Agreement and the rights and obligations of
the parties hereto shall be governed by and construed in
6
accordance with the laws of the District of Columbia pursuant to
the provisions of Section 306(d) of the Rail Passenger Service
Act (45 U.S.C. § 546(d)).
12. This Agreement is subject to the provisions of
49 CFR Part 265- NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD
PROGRAMS. Pursuant thereto, the provisions of 49 CFR
265.7(a)(1) through (15) are expressly incorporated herein by
reference; provided, however, that Amtrak and the City shall each
be deemed a "recipient" thereunder.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers on the
day and year first above written.
FORM APPROV D
Date
Sig.
LA
DEPARTMENT
NATIONAL RAILROAD PASSENGER CORPORATION
By : , r,
/Government an
ice Pre i•ent,v
CITY OF OKEECHOBEE
Public Affairs
Mayor
ATTEST:
Bonnie Thomas, City Clerk
NATIONAL RAILROAD PASSENGER CORPORATION
and
THE CITY OF OKEECHOBEE
AGREEMENT FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF A
RAIL PASSENGER STATION AND APPURTENANT FACILITIES
AT OKEECHOBEE, FLORIDA
EXHIBIT A
WORK OF THE PROJECT
The following is a general description of the work and
costs of the Project:
Construction of a 100 foot platform and a 20 foot crossing.
TOTAL $13,452.00