Title:
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Request Board approval of the Seminole County Central Florida Commuter Rail Commission’s Supplemental Amendment No. 02 to the Locally Funded Agreement between the State of Florida, Department of Transportation and the Central Florida Commuter Rail Commission and the First Amendment to SunRail Attorney Services Agreement between the Central Florida Commuter Rail Commission and Kaplan Kirsch, LLP. (Kristian Swenson - Assistant County Manager)
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Division:
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County Manager Office
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Authorized By:
Kristian Swenson, Assistant County Manager
Contact/Phone Number:
Kristian Swenson/407-665-7246
Background:
On December 16, 2024, a Locally Funded Agreement was executed between the State of Florida, Department of Transportation (“FDOT”) and the Central Florida Commuter Rail Commission (“CFCRC”) (“LFA”). The purpose of the LFA was to provide sufficient time for SunRail transition to the CFCRC and to allow FDOT to continue providing management services for the operation and maintenance of SunRail. The LFA was amended by Supplemental Amendment No. 01, executed on November 25, 2025, which included an automatic extension of LFA term coterminous with the Operations Phasing Agreement so long as certain conditions are met.
Supplemental Amendment No. 02 (“Amendment No. 02”) will amend the LFA to do the following:
1. update the approved budget for 2026/2027 and payment schedule;
2. allow FDOT to allocate funds paid by the Local Funding Partners prior to October 1 but not apply funds until after October 1; and
3. reaffirm the ability to use Work Program funds if a Local Funding Partner cannot meet its quarterly payment obligation.
Seminole County’s total contribution for FY2026-27 is $11,255,970, approximately $260,000 less than the County’s FY2025-2026 contribution of $11,516,626.
The CFCRC entered the SunRail Attorney Services Agreement with Kaplan Kirsch LLP on February 20, 2025 to provide legal services to the CFCRC (“Services Agreement”). CFCRC and Kaplan Kirsch LLP are seeking to amend the Services Agreement, for the first time, to do the following:
1. extend the term to September 30, 2027, and allow for two successive one-year extensions;
2. require Kaplan Kirsch LLP to ensure cost effectiveness in performing its services; and
3. allow a CPI rate adjustment once per year, capped at 3%.
At the November 12, 2024 Seminole County Board of County Commission (“BCC”) meeting, the BCC approved and authorized the Seminole County CFCRC representative to vote on matters such as agreements and policies in furtherance of the transition from FDOT to the CFCRC consistent with the governing documents, as amended, in coordination with the County Manager and thereafter to be ratified by the BCC. Approval of the items discussed herein is being requested prior to the CFCRC vote.
Amendment No. 02 and the First Amendment to SunRail Attorney Services Agreement are on the CFCRC agenda for its June 25, 2026 meeting.
Requested Action:
Staff requests the Board approve the Seminole County Central Florida Commuter Rail Commission representative’s approval of the Supplemental Amendment No. 02 to the Locally Funded Agreement between the State of Florida, Department of Transportation and the Central Florida Commuter Rail Commission and the First Amendment to SunRail Attorney Services Agreement between the Central Florida Commuter Rail Commission and Kaplan Kirsch, LLP.