HomeMy WebLinkAboutSeminole County Interlocal Agreement - American Rescue Plan Act (ARPA) Funding - 2022 05 10 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF
WINTER SPRINGS FOR AMERICAN RESCUE PLAN ACT FUNDING
THIS INTERLOCAL AGREEMENT is dated as of the / day of
20 ZL, by and between SEMINOLE COUNTY, a charter county and political subdivision of
the State of Florida, whose address is Seminole County Services Building, 1101 E. 1 St Street,
Sanford, Florida 32771, in this Agreement referred to as "COUNTY," and the CITY OF
WINTER SPRINGS,a Florida municipal corporation,whose address is 1126 E. State Road 434,
Winter Springs,Florida 32708,in this Agreement referred to as"CITY."
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, as may be amended, authorizes public
agencies to enter into agreements with other public agencies in order to serve a public purpose;
and
WHEREAS, Congress passed the American Rescue Plan Act ("ARPA") and President
Biden signed the ARPA into law on March 11, 2021;and
WHEREAS,the ARPA,in part,amends Title VI of the Social Security Act by establishing
the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund,
together the Fiscal Recovery Funds; and
WHEREAS,the Fiscal Recovery Funds provide three hundred fifty($350)billion dollars
in emergency funding for eligible state,local,territorial, and Tribal governments; and
WHEREAS, the COUNTY's total allocation is in the amount of$91,646,669.00, with
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COUNTY only having received its' initial 50%allocation in the amount of$45,823,334.50;and
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant MaloSeminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller �� �
eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
t eCertified Id: F3BD-E3E4-122K
Page 1 of 13
WHEREAS, ARPA, Treasury guidance, and/or the Interim Final Rule to the ARPA
authorizes local governments to transfer Fiscal Recovery Funds to other local governments in order
to allow the flexibility needed to achieve the greatest impact in implementing programs; and
WHEREAS, CITY agrees that the transfer of certain Fiscal Recovery Funds to the
COUNTY for COUNTY's implementation of the broadband program county-wide, as specified
in this Agreement,will best serve the residents of Seminole County in recovering from the public
health and economic impacts of the COVID-19 pandemic; and
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between the Parties and for the mutual benefit of
the Parties,the Parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material part
of the Agreement upon which the Parties have relied.
Section 2. Definitions.
(a) "ARPA"means the American Rescue Plan Act of 2021;P.L. 117-2.
(b) "Cause"includes,but is not limited to, misuse of funds,fraud, lack of compliance
with applicable rules,laws,regulations,and guidance,failure to perform on time,failure to comply
with the express terms of this Agreement, or refusal to permit public access to any public record,
defined by and subject to disclosure under Chapter 119,Florida, as amended.
(c) "Fund"means the Fiscal Recovery Funds under ARPA.
(d) "Party"means COUNTY or CITY;"Parties"mean COUNTY and CITY.
(e) "Treasury"means the United States Department of Treasury.
Section 3. Term. The effective date of this Agreement is the date the County executes
this Agreement, and expires on December 31, 2024 ("Term"), unless terminated earlier in
accordance with this Agreement.
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant MaloSeminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptrolle
eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
t eCertified Id: F3BD-E3E4-122K
Page 2 of 13
Section 4. American Rescue Plan Act Funding.
(a) COUNTY will implement certain broadband programs,in its sole discretion,within
Seminole County to address the public health and economic impacts caused by the COVID-19
pandemic. As the program specified in this Agreement is also for the benefit of the residents of
CITY, it is agreed to by the Parties to be in the best interest of the residents of Seminole County
to have a single county-wide broadband program, rather than multiple programs of similar type.
The implementation by COUNTY of a single county-wide broadband program will serve the
public purpose in providing immediate economic stabilization and will address the systemic public
health challenges.As such,upon an invoice to CITY,no more frequently than monthly, CITY will
provide COUNTY Funds for the program,as specified in and in accordance with Exhibit A,Scope
of Work, attached to and incorporated in this Agreement.No other Funds will be provided to the
COUNTY by the CITY under this Agreement except as explicitly stated in Exhibit A unless the
CITY agrees to provide such additional Funds in writing. For the avoidance of doubt, COUNTY
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may establish and implement the broadband program specified in Exhibit A with or without input
from CITY, in COUNTY's sole discretion. The COUNTY shall only expend the Funds provided
by the CITY for the broadband study stated in Exhibit A. At the end of the Term, COUNTY will
return to CITY any unused Funds provided by CITY under this Agreement.
(b) The COUNTY's performance under this Agreement is contingent upon an
appropriation by the Federal Government, and is subject to any modification, including the
cancellation of the program and services specified in this Agreement, in COUNTY's sole
discretion.
Section 5. Indemnification.
(a) Each Party is solely responsible to third parties with whom they may contract in
carrying out the terms of this Agreement and will hold each other harmless against all claims of
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant MaloSeminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller �� �
eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
t eCertified Id: F3BD-E3E4-122K
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whatsoever kind or nature by such third parties arising out of the performance of work under any
such contract with a third party. This provision is not to be construed as a waiver by any Party of
its sovereign immunity, except to the extent waived pursuant to.Section 768.28,Florida Statutes,
as may be amended. Furthermore, no part or provision within this Agreement may be interpreted
as requiring one Party to indemnify or insure the other Party for the other Party's negligence or to
assume any liability for the other Party's negligence in contravention of Section 768.28(19),
Florida Statutes.
(b) The Parties further agree that nothing contained in this Agreement may be
construed or interpreted as denying to any Party any remedy or defense available to such Parties
under the laws of the State of Florida.
Section 6. Default. If any of the following Events of Default occur, the Parties have the
option to exercise any of its remedies set forth in Section 7, Remedies. Events of Default,
including:
(a) If any warranty or representation made by CITY or COUNTY in this Agreement
related to ARPA is or becomes false or misleading in any respect,or if CITY or COUNTY fail to
keep or perform any of the obligations, terms or covenants in this Agreement and has not cured
them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; or
(b) If CITY or COUNTY has failed to perform and complete on time any of its
obligations under this Agreement.
Section 7. Remedies. If an Event of Default occurs,then the non-defaulting Party may,
after thirty (30) days written notice to the defaulting Party and upon defaulting Party's failure to
cure within those thirty (30) days, exercise any one or more of the following remedies, either
concurrently or consecutively:
(a) Terminate this Agreement in accordance with Section 10,Notice;
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller �� `
( x eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
eCertified Id: F3BD-E3E4-122K
Page 4 of 13
(b) Begin an appropriate legal or equitable action to enforce performance of this
! Agreement;
(c) Withhold or suspend the contribution or allocation of all or any part of the Funds;
(d) The non-defaulting Party may require corrective or remedial actions, which may
include,but may not be limited to:
(1) requesting additional information from the defaulting Party to determine the
reasons for or the extent of non-compliance or lack of performance,
(2) the issuance a written warning to advise that more serious measures may be
taken if the situation is not corrected,
(4) requiring the defaulting Party to reimburse the non-defaulting Party for the
amount of costs incurred, or
(e) The non-defaulting Party may exercise any other rights or remedies which may be
available under law or in equity. If non-defaulting Party waives any right or remedy in this
Agreement or fails to insist on strict performance of defaulting Party, it will not affect, extend or
waive any other right or remedy of the non-defaulting Party,or affect the later exercise of the same
right or remedy by non-defaulting Party for any other default by defaulting Party.
Section 8. Termination.
(a) The COUNTY or CITY may terminate this Agreement in the Event of a Default
pursuant to Section 7(a),Remedies.
(b) The COUNTY may terminate this Agreement immediately for convenience when
it determines, in its sole discretion,that continuing the Agreement would not produce beneficial
results in line with the further expenditure of Funds,by providing CITY with written notice.
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptrolle
( x eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
eCertified Id: F3BD-E3E4-122K
Page 5 of 13
(c) The Parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of
the termination and the procedures for proper closeout of this Agreement.
Section 9. Employee Status. Persons employed by CITY or COUNTY in the
performance of this Agreement are deemed not to be the employees or agents of the other Party,
nor do these employees have any claims to pensions, workers' compensation, unemployment
compensation,,civil service, or other employee rights or privileges granted to their respective
officers and employees either by operation of law or by CITY or COUNTY,as applicable.
Section 10. Notice. Any notice delivered with respect to this Agreement must be in
writing and will be deemed to be delivered (whether or not actually received) when (i) hand-
delivered to the persons designated below, or(ii)five (5)business days after deposit in the United
States Mail,postage prepaid,certified mail,return-receipt requested,addressed to the person at the
address for the Party as set forth below,or such other address or to such other person as the Party
may have specified by written notice to the other Party delivered according to this Section:
As to COUNTY:
Attention: Resource Management Director/CFO
Seminole County Resource Management Office
1101 E. 1st Street
Sanford,Florida 32771-1468
With a COPY to:
Attention: Tricia Johnson,Deputy County Manager
Seminole County, County Manager's Office
1101 E. lst Street
Sanford,Florida 32771-1468
As to CITY:
Attention: City Manager
City of Winter Springs
1126 E. State Road 434
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptrolle
( x eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
eCertified Id: F3BD-E3E4-122K
Page 6 of 13
Winter Springs,Florida 32708
Section 11. Parties Bound. This Agreement is binding upon and inures to the benefit of
the Parties, and their successors and assigns.
Section 12. Conflict of Interest.
(a) The Parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with the other Party or that would
violate or cause third parties to violate the provisions of Part III, Chapter 112,Florida Statutes, as
may be amended, 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 § 112.312(15), Florida Statutes), as may be amended, as over 5%
ownership either directly or indirectly, in the business of the other Party to be conducted here, and
that no such person will have any such interest at any time during the Term.
(c) Each Party has the continuing duty to report to the other Party any information that
indicates a possible violation of this Section.
Section 13. Dispute Resolution.
(a) In the event of a dispute related to performance under this Agreement, the Parties
shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or
otherwise pursuing legal remedies.
(b) In the event that COUNTY administrative dispute resolution procedures are
exhausted, a Party to this Agreement may notify the other Party in writing that it wishes to
commence formal dispute resolution with respect to any unresolved problem under this
Agreement. 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,the dispute may be filed as a civil action in the Circuit
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptrolle
( x eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
eCertified Id: F3BD-E3E4-122K
Page 7 of 13
Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County,Florida,which is
the sole venue for any such civil action.The Parties further agree that any such action will be tried
before the Court, and the Parties hereby waive the right to jury trial as to such action.
Section 14. Reports.
(a) Beginning at the end of the first quarter in calendar year 2022, COUNTY will
provide the City Manager with quarterly reports, by completing Exhibit B — ARPA Quarterly
Progress Report Template,attached to and incorporated in this Agreement.COUNTY reserves the
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right to revise Exhibit B in order for COUNTY to provide the public with transparency and to
comply with requirements set forth by Treasury, while still providing CITY the information
needed for CITY's reporting requirements.
(b) COUNTY will provide CITY quarterly reports within ten(10)business days of the
end of each calendar quarter and will be submitted prior to the end of each calendar quarter until
the termination, expiration, or the completion of the program or services under this Agreement,
whichever comes first. The ending dates for each quarter of the program year are March 31, June
30, September 30,and December 31.
Section 15. Equal Opportunity Employment. The Parties shall not discriminate against
any employee or applicant for employment for work under this Agreement because of race, color,
religion,sex,age,disability,sexual orientation,gender identity or national origin.The Parties shall
take steps to ensure that applicants are employed, and employees are treated equally during
employment,without regard to race,color,religion, sex,age,disability,sexual orientation,gender
identity or national origin. Equal. treatment includes, but is not limited to, the following:
employment;upgrading,demotion or transfer;recruitment advertising;layoff or termination;rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
Page 8 of 1 I
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptrolle
( x eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
eCertified Id: F3BD-E3E4-122K
Page 8 of 13
Section 16. Governing Law,Jurisdiction,and Venue. The laws of the State of Florida
govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and
venue for any legal action in connection with this Agreement will be, if in state court,in a court of
competent jurisdiction located in Seminole County, Florida, or, if in federal court, the Florida
Middle District, Orlando Division.
Section 17. Compliance with Laws and Regulations. The Parties must abide by all
statutes, ordinances, rules, regulations, and executive orders pertaining to or regulating the
provision of this Agreement,including,but not limited to,ARPA,regulations adopted by Treasury,
guidance adopted by Treasury pertaining to ARPA, and 2 C.F.R. Part 200, entitled "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards," as
any one of the foregoing may be amended.
Section 18. Entire Agreement.
(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 the Parties,except as
otherwise specifically provided in this Agreement.
Section 19. Assignment. This Agreement may not be assigned by either Party without
the prior written approval of the other Party.
Section 20. 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
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
Page 9 of 11
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller �� `
( x eCertified at 05/11/2022 10:29:09-04:00
Seminole County,Florida
eCertified Id: F3BD-E3E4-122K
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without the invalid provision or application, and to this end the provisions of this Agreement are
declared severable.
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.
IN WITNESS WHEREOF, the Parties have made and executed this Agreement for the
purposes stated above.
ATTEST: CITY OF WINTER SPRINGS
CHRISTIAN GOWAN,City Clerk KEVIN MCCANN,Mayor
Approved as to form and Date: d
SR!R1t�4s
legal SUM ncy. A
QTR f4 or
Z
C> aq 4
ANTHONY A. GARGANESE �'...viy� �943 '
City Attorney J
[Signatures and attestations continue on the following page.]
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
Page 10 of 11
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller
Seminole County,Florida ( x eCertified at 05/11/2022 10:29:09-04:00
eCertified Id: F3BD-E3E4-122K
Page 10 of 13
....T'4�c BOARD OF COUNTY COMMISSIONERS ;
ATTESrT`*4. SEMINOLE"CO ,FLORIDA
2; -7Z.5I By:
B DAL ARI,Chairman
nl!' fBoQr
�a
count)'CN;#Yms4one'r
Seminole,CottrityQlora<.-- '+ Date:
0�
For the use and'reliarice As authorized for execution by the Bo`rA of
of Seminole County only. Coup Commissioners at its U
l
20 ,regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
BP/
3/24/22
T\Users\bpatel\Speci al Projects\American Rescue Plen\Municipalities\ARPA-Interlocal between Seminole County and City of Winter Springs v3.docx
Attachments:
Exhibit A—Scope of Work
Exhibit B—ARPA Quarterly Progress Report Template
Interlocal Agreement between Seminole County and the City of Winter Springs
for American Rescue Plan Act Funding
Page 11 of l l
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller �� %
Seminole County,Florida ( x eCertified at 05/11/2022 10:29:09-04:00
eCertified Id: F3BD-E3E4-122K
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EXHIBIT A
SCOPE OF WORK
Seminole County and the City of Winter Springs
Consolidated Assistance Program for the American Rescue Plan Act
ARPA I
PROGRAM •
PARTICIPATIONJURISDICTION
(Paid by City to PAYMENT PAYMENT ONLY COUNTYWIDE
Seminole County N/A N/A N/A Countywide
Sheriff's Office
Countywide Mental N/A N/A N/A Countywide
Health Partnerships
Nan-Profit Grants N/A N/A N/A Countywide
Individual Assistance N/A N/A N/A City Jurisdiction
Grants' Only
Seminole State N/A N/A N/A Countywide
College Workforce
Training
Homelessness N/A N/A N/A Countywide
Diversion/Rescue
Outreach Mission
Broadband Studs Up to $15,800 N/A $15,800 Countywide
TOTAL: 1 $15,800 1 N/A 1 $15,800
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1 County will invoice cities on a monthly basis.Amount will include a 10%administrative fee
2 A portion of the funds allocated towards Homelessness Diversion will support the$3,025,000 apportionment for
Rescue Outreach Mission
s Not to exceed reflected amount.Cities will be invoiced once final costs are determined as part of the broadband
study
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Certified Copy- Grant Malloy T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller
Seminole County,Florida ( x eCertified at 05/11/2022 10:29:09-04:00
eCertified Id: F3BD-E3E4-122K
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Exhibit B
SEMI
ARPA-Quarterly Progress Report h/OLE COUNTY
PLORIDAS NATURAL CNOICai
Project Title: Date
Contact Name:
Reporting Period:
Telephone:
Proiect Obiective:
i
Plan: a summary of project accomplishments for the reporting period; a comparison of actual
accomplishments to goals for the period; if goals were not met, provide reasons why; provide an
update on the estimated time for completion of the task and an explanation for any anticipated
delays and identify by task.
Y
Plans for Next Quarter:
Authorized Agent Signature:
**Quarterly progress reports must be completed each quarter or future funding will be withheld**
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Certified Copy- Grant Malo y T 71 Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller
Seminole County,Florida ( x eCertified at 05/11/2022 10:29:09-04:00
eCertified Id: F3BD-E3E4-122K
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