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HomeMy WebLinkAboutSeminole County Interlocal Cross Seminole Trail "Missing Link" Phase II Cost Share Agreement - 2017 03 22INTERLOCAL COST SHARE AGREEMENTBETWEEN SE I1 COUNTY AND THE CITY OF WINTER SPRINGS THIS INTERLOCAL, AGREEMENT is made and entered into by and between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East I st Street, Sanford, Florida 32771-1468, Fill III III III municipal corporation, whose address is H 26 East State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY." WHEREAS, both COtJNTY and CITY are concerned and interested in completing the unfinished segment of the Cross Serninole Trail located within and in the vicinity of the geographical boundaries of CITY, and WHEREAS, a portion of this unfinished segment of the Cross Seminole Trail has been determined to have environmental contamination (the "Contaminated Segment"); and WHEREAS, CITY has previously engaged the firm of The Environmental People, Inc. ("TEP") to prepare Phase I and Phase 11 environmental assessments of the Contaminated Segment at a cost of $13,460.00 and CITY has incurred related expenses of $3,830.00 to Land Tech Surveying and Mapping Corporation and $2,000.00 to Professional Services Industries, Inc., for a total of $19,200,00, all at CITY's sole expense, and WHEREAS, as a result of TEP's Phase R environmental assessment, it has been determined that further remediation work, is needed-, and WH EREA.S, CITY has obtained a scope of work and estimated budget breakdown for this additional remediation work from TEP in the amount of ELEVEN THOUSAND ONE HtJNDRED AND NO/] 00 DOLLARS ($11, 100,00)-, and Interlocal Cost AgreolTlellt Betweem Seminole County and the City of Winter Springs Page I of 8 WHEREAS, CITY'lias reviewed the scope of work and. estimated budget prepared by TEP and has requested COLJN,r'Y agree to pay one hundred percent (100%) oaf` the total fees for this additional work; and WHEREAS, C01JNTY is willing to reimburse CITY one hundred percent (1(I0%) of the total cost of the additional remediation work for services rendered by TEP in view of the previous expense incurred by CITY in this matter; and WHEREAS, entering this Interlocal Agreement is in the best interest of the citizens of CITY and C0LJN"['Y as it will benefit the health, safety, and. welfare of these citizens. N THEREFORE, in consideration of the mutual understandings and agreernents set r forth in this .Agreement, CITY and COUNTY agree as follows: Section L Recitals. '"T'he recitals, above, are true and forni a material part of this Interlocal Agreement, Section 2. Purpose, The purpose of this Inter! oca I Agreement is to establish the terms and conditions for reimbursement of CITY by COUNTY for the cost of the Work, Section 3. Work. The tease "Work" is defined in this Agreement as ES.A Phase 2 Supplemental for Benzo [a] Pyrene (Bal?) Evaluation. '"I'lie parties agree that the total cost of the Work will not exceed ELEVEN T1101JSAND ONE IRJNDRED AND NO/100 DOLLARS ($11,100.00). Section 4. Term. This Interlocal Agreement will cominence and become effective upon execution by the parties, the later date of execution controlling, This Interlocal Agreement will rernain in force from the date of execution until CITY has been reirnbursed in full by, COUNTY for payinent to TEP for the total cost of the Work, with COUNTY having paid CITY its one hundred percent (100%) share of the total cost consistent with Section 6 below. Interlocal Cost Agreerneiit Between Sertainoc e County and the City of Winter springs Page 2 of 8 Section 5. Obligations of crry. CITY shall enter a contract withTEP to perform the Work and pay TEP pursuant to this contract and as provided in Section 6 below. Section 6. Obligations of COUNTY, COUNTY shall reiniburse CITY for one hundred percent (1(10'%) of the total cost of the Work up to a total not to exceed the amount specified in Section 3 above. Within thirty (30) days of the end of` each calendar quarter, CITY shall submit an invoice to C0LJNTY at the following address describing and evidencing services rendered by 'fi"Iu, for the Work during such quarter, and the actual cost associated with those RVERNM David ', Martin, P E., Professional Engineer. Public Works Departnient/Engineering Seminole County Government 100 East I st Street Sanford, FL, 32773 Within thirty (30) days after receipt of an invoice, COU NTY shall pay CITY for the amount of the invoice for CITY to pay -rEP, provided both partieshave reviewed and approved the invoice and the total amount COUNTY pays CITY does not exceed the amount specified in Section 3 above. COUNTY shall acknowledge CITY by email of invoice acceptance and approval for payment. COUNTY's payment must be sent to: Lipton Lockc-uff, P.E. Utility/flublic Works Director 1126 East State Road 434 Winter Springs, FL 32708 Section 7. Termination. This Interlocal, Agreement may be terminated, in whole or in part, by either party at any time, with or without cause, upon not less than sixty (60) days written notice delivered to the other party, However, any obligations under this Interlocal Agreement incurred prior to the termination date will survive the tennination and be performed or paid, as the Interlocal Cost Agreement Between Seminolc County and the City of Winter Springs Page 3 of 8 Section 8. Indemniflcation. Neither party to this Interlocal Agi-eenrent, nor its officers, employees, and agents may be deemed to assume any liability for the acts, omissions and negligence of the othei° party, its officers, employees, and agents. Section 9. Assignments. Neither party to this Interlocal Agreement may assign this Interlocal Agreement, nor any interest arising under it, without the written consent of the other M Section 10. Notices. Whenever either party desires to give written notice to the other party, notice may be sent to: Fl 1 Utility/Public Works Director 1126 East State Road 434, Winter Springs, FL 32708 FOR COUNTY: Public Work Departirierit 200 West County Horne Road Sanford Florida 32773 Either, of the parties may charige, by written notice as provided in this Agreenient, the addresses or persons for receipt of' notices. Section 11. Compliance with Laws and Regulations. In providing all services pursuant to this Interlocal Agreement, the parties shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and subsequently adopted. Section 12. Employee Status. Persons employed by CITY in the performance of services and finictions pursuant to this Agreement are deemed not to be the employees or agents of COUNTY, nor do these employees have any clainis to pensions, worker's compensation, Interlocal Cost Agreenvnt Between Seminole County and the City of Winter Springs Page 4 of 8 unemployment compensation, civil service, or other employee rights or privileges granted 'to COUNTY's officers and employees either by operation of law or by COUN"r'Y, Persons employed by COLJN`FY in the perfortnance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of CITY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to (,i,ry,s officers and employees either by operation of law or by CITY. Section 13. Governing Law, The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. Seminole County is the sole venue for any legal action in connection with this Agreement. Section 14. Parties Bound. This Agreement is binding upon and mutes to the benefit of CITY and COUNTY, and their successors and assigns. Section 15. Conflict of Interest. (a) Each party agrees that it shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Aj.,Teement with the other party or which would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes (2016), as this statute may be amended from time to tirne, relating to ethics in government. (b) Each party hereby certifies that no officer, agent, or employee of that party has any material interest (as defined in Section 112.3 12(l 5), Florida Statutes (2016), as the statute may be amended from time to time, as over 5%) either directly or indirectly, in the business of the other patty to be conducted here, and that no such person will have any such interest at any time during the term of this Agreement. (c) Each party has the continuing duty to report to the other party any information that indicates a possible violation of this Section. interkical Cost Agreement Betm,een Seminole County and the City ol'Winter Springs Page 5 of'8 Section 16. Dispute Resolution. Either party to this Agreement may notify the other party that it. wishes to corinnence forinal dispute resolution with respect. to any unresolved problern under this Ag ,reernent. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator .for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court of the Eighteenth Judicial Circuit of' Florida, in and for Seminole County, Florida, The parties further agree that any such action will be tried to the Court, and the parties hereby waive the right tojury trial as to such action. Section 17. Entire Agreeinent. (a) It is understood and agreed that the entire agreement of the parties is contained in this Agreement, which supersedes all oral agreements, negotiations, and previous agreements between the parties relating to the subject matter of this Agreement. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by both parties, except as otherwise specifically provided in this Agreement. Section 18. Severability. If any provision of this Agreement or the application of this Agreement to any person or circumstance is held invalid, it is the intent of the parties that the invalidity Will not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Section 19. Public Records Law. I I (a) (,".ITC Y and OUN'rY acknowledge each other's obligations under Article 1, Section 24, Florida. Constitution and Chapter 119, Florida Statutes (2016), as this statute may be amended Interlocal Cost Agreement Between Seminole County and the City ol'Winter Springs Page 6 of 8 fi-om time to tirne, to release public records to members of the public upon request. CITY and ('70UNTY acknowledge each other is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2016), as this statute may be amended from three to time, in the handling of the materials created under this Agreement and that this statute controls over the terms of this Agreement. (b) Failure to comply with this Section will be deerned a material breach of this Agreement, for which the non-breacbing party may terminate this Agreement immediately upon written notice to the breaching party. Section 20. Equal Opportunity Employment. CITY and COUNTY agree that they shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CITY and C01,JNTY shall take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disability, or national origin. This provision must include, but is not limited to, the following: employment; upgrading, demotion or transfer- recruitment advertising; layoff or termination; rates of pay or other forn-is of compensation; and selection for training, including apprenticeship. Section 21, Counterparts. This Agreement may be executed in any number of' COUnterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. Section 22. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. Interlocal Cost Agreement. Between Seminole County and the City of Winter Springs Page 7 of 8 IN WITNESS WHEREOF, the parties have niade and executed this Agreement for the purposes stated above, ATTEST: -Luaces, City Clerk ATTEST: Grant Maloy Clerk to the Board of County Commissioners of Seminole County, Florida, CITY OF WINTER SPRINGS 2 W. eel, Char eso'act'e6y, Mayor Date: March 22, 2017 M UM BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA John Horan, Cbairrnan For the use and reliance of As authorized for execution by the Board of Seminole County only. County Commissioners at its 2017, regular tneeting, Approved as to form and legal sufficiency. County Attorney DGS/tire 02/21/17 P:\Users\dedge\My Documents\AUR20 t7\SC & WS CST Interlocal Cost Share Agreement docx Interlocal Cost Agreement Between Serninole County and the Oty cafe Winter Springs Page 8 ot'8