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iii. All parties to this Memorandum will approve the choice of contractor for the <br />update of the final design documents prior to issuance of a work order. If a <br />competitive process is used for selection of a contractor, each party to this <br />Memorandum will be involved in the evaluation of the responses. <br />iv. Final Design documents will be updated to incorporate Casselberry into the <br />initial deployment area with connections and operations to be coordinated and <br />integrated with the proposed SunRail, the commuter rail system. This will <br />involve the determination of station locations, recommended roadway <br />improvements, and ridership estimates which will then be utilized to update the <br />documents. <br />v. The actual contracting with a contractor to update the Final Design documents <br />will be contingent upon obtaining the requisite Additional Funding. <br />2. LYNX, Altamonte Springs, and Casselberry will work cooperatively to: <br />a. Obligate existing funding sources and identify any required local match for use of such <br />funds for the Additional Funding. <br />b. Identify and secure funding sources for the update of the Final Design documents, <br />procurement of capital items, construction, implementation, and operating costs of the <br />FlexBus system. <br />3. Upon the obtaining of the commitment for the Additional Funding, the parties will then enter <br />into further agreements which will provide that they will work cooperatively to deploy FlexBus <br />on-dernand demand -responsive transit service, as defined in the Final Design documents <br />including updates following this Memorandum, with an anticipated start of operations prior to <br />or simultaneous with the start of operations of SunRail. <br />4. LYNX agrees that it shall not execute an agreement with or make a commitment to any federal, <br />state, or local agency, or a private entity, which commits or obligates Altamonte Springs or <br />Casselberry in any way without their respective prior written approval, including but not limited <br />to the type, amount, or proportionate share contributions to the studies or project. Nothing <br />contained in this Memorandum will obligate any party (including LYNX) to incur any cost or <br />expenses or any commitment to provide any Additional Funding. <br />5. The parties are independent contractors and are not employees or agents of each other. <br />Nothing in this agreement shall be interpreted to establish any relationship other than that of an <br />independent contractor, between the parties, their employees, agents, subcontractors or <br />assigns, during or after performance of this memorandum. <br />This Memorandum of Understanding is hereby executed: <br />Memorandum of Understanding: Final Design and Implementation of FlexBus January 2011 <br />3 <br />