HomeMy WebLinkAboutSeminole County Interlocal Seminole Local Sales Surtax For City's Transportation Improvement Projects - 2002 12 09
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. INTERLOCAL AGREEMENT . . . Clrro. ; ~ 100. ... --'.
BETWEEN SEMINOLE COUNTY AND CITY OF WINTER SPRINGS ~'>>Iil'(:~~~.
RELATING TO.ADMINISTRATION OF THE CITY'S SHARE:' .HN..L ~
OF FUNDS UNDER THE- CENT FOR SEMINOLE LOCAL SALES SURTAX
FOR THE CITY'S TRANSPORTATION IMPROVEMENT PROJECTS
THIS INTERLOCAL AGREEMENT, is made 'and entered into this /.J- day of
~b." 2002, by and between SEMINOLE COUNTY, a political subdivision of the
State of Florida, whose address is Seminole County Services Building, 1101 East First
Street, Sanford, Florida 32771 (hereafter referred to as the "COUNTY") and the CITY
OF WINTER. SPRINGS, a Florida municipal corporation, whose address is 1126 East
SR 434, Winter Springs, Florida 32708 (hereafter referred to as "CITY").
WIT N E SSE T H:
WHEREAS, in May and June of 2001, the COUNTY entered into an Interlocal
Ag'reement with the Seminole County School Board and the seven (7) municipalities
within Seminole County, which Interlocal Agreement is entitled the "Seminole County
Transportation and Education Infrastructure Plan Interlocal Agreement" (the "2001
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Interlocal Agreement"), and relates. to the improvements to be funded with local
government infrastructure sales surtax proceeds and the distribution of revenues to fund
the improvements, as approved by the voters in a referendum conducted on September
4, 2001; and
WHEREAS, the CITY is a party to the 2001 Interlocal Agreement, and is bound
by the terms of the 2001 Interlocal Agreement and by the applicable provisions of State
law; and
WHEREAS, the CITY's Transportation Improvement Projects are, pursuant to the
2001 Interlocal Agreement, to be implemented by the CITY, which implementation shall
CERTIFIED COpy
MARYANNE MORSE
,CLERK OF CIRCUIT COURT
S NOLE C NTY.IO
)
BY
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include any and. all phases and aspects of the. Projects from planning and design
through construction and operation; and
WHEREAS, . the CITY's share of the revenues collected from the local
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government infrastructure sales surtax constitutes funds of the .CITY, pursuant to the
2001 Interlocal Agreement; and
WHEREAS, the COUNTY and the CITY. desire to cooperate with regard to
accomplishing the City Transportation Improvement Projects for the benefit of the
citizens of COUNTY and the CITY and require a mechanism to provide funds from the
local government infrastructure sales surtax consistent with the terms. of the 2001
Interlocal Agreement which are, have been, or will be on deposit with the COUNTY, and
which have been or will be incrementally transferred to the CITY so that the CITY can
effectively implement the CITY Transportation Improvement Projects; and
WHEREAS, the CITY's Transportation Improvement Projects and share of
revenues as set forth in the 2001 Interlocal Agreement is attached hereto as Exhibit "A"
to this Agreement; and
WHEREAS, this Interlocal Agreement serves a public purpose and is authorized
pursuant to the provisions of Chapters 125, 163, and 166, Florida Statutes, and other
applicable law,
NOW, THEREFORE, in consideration. of the promises, covenants and
commitments contained herein and other good and valuable consideration, the receipt,
adequacy, and. sufficiency of which are hereby acknowledged as to both parties, the
parties agree as follows to the funding of CITY Transportation Improvement Projects by
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the local government infrastructure sales.surtax proceeds and the implementation of the
Transportation Improv~ment Projects by the CITY.
Section 1. . Recitals. The above recitals are true and correct and form .a
material part of this Interlocal Agreement upon which the parties have relied.
Section 2. Term.. This Interlocal Agreement shall become effective upon
approval by the Governing Bodies of the COUNTY and the CITY, and shall remain in
effect through contract close out between the CITY and all of its contractors relative to
the CITY Transportation Improvement Projects, or through the conclusion of
disbursement and expenditure of the full CITY share of revenues, whichever occurs .
later.
Section 3. Disbursement of Funds by the County.
(a) The total. financial obligation of the COUNTY under this Interlocal
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Agreement is that the COUNTY shall reimburse the CITY for legitimate and
documented. expenses as. expressed in the CITY's contractual agreements with
respective road improvement contractors, consultants, materials vendors, or other
contractors for the CITY Transportation Improvement Projects consistent with the. terms
of this Interlocal Agreement, and subject to the availabiUty of funds from the CITY share
of revenues. Said funds shall be solely and exclusively derived from the CITY's share
of reyenues from the infrastructure'sales surtax, including interest income applicable to
the CITY's share of revenues while on deposit with the COUNTY. These funds shall be
utilized, consistent with Section 212.055, Florida Statutes (2001), for the purposes of
the CITY Transportation Improvement Projects. The funds shall not be used for.
collateral programs or projects, and not for programs or projects which may be
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accomplished simultaneously with, in conjunction with,.. or as a result. of CITY
Transportation Improvement Projects; Intersection improvements, however, to roads
intersecting the Projects may be accomplished and shall be deemed eligible for funding
. pursuant to thislnterlocal Agreement. . Further, this exclusion is intended to disallow
_expenditures for CITY staff time and labor charges unless such costs are recorded as
capitalized costs .of the CITY Transportation Improvement Projects to the fixed asset
accounts of the CITY as reported in the CITY's annual audited financial statements, and
to disallow expenditures which pertain or relate to work not directly related to the CITY
Transportation Improvement Projects. In the event that the CITY is entitled to any
development commitments for or related to the CITY Transportation Improvement
Projects, it shall use such funds for directly related costs for the projects not reimbursed
under this Agreement. The CITY. may advance .fund. the CITY Transportation
Improvement Projects prior .to the availability of funding as set forth in thiS Interlocal
Agreement. In such event, invoices or other appropriate contract documents shall be
reviewed and approved by the County Engineering Division to determine whether the
reimbursement is consistent with the terms and conditions of this InterlocalAgreement.
(b) Upon initial award of the engineering design agreement, award of the
construction contract, authorization to. initiate acquisition activities, or. agreement
. between the CITY and a contractor for contract amendments to any contract for each of
the capital projects as identified in Exhibit "A", the CITY shall be eligible to receive an
advance of. up to one hundred percent (100%) of the agreement, contract award
amount, or acq(Jisition authorization. The eligibility to receive advances shall be subject
to the CITY's affirmation that it will record receipts and disbursement of advances in a
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separate interest bearing account. These advances shall be limited by the availability of
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funds from the' CITY share of revenues. If adequate funds are unavailable, the CITY
may either submit-for future reimbursements as outlined in Section 5(b) or may request
that the advance be incrementally forwarded as funds from the CITY.share of revenues
become available.
(c) Upon demonstration through a comprehensive, phased multi-year
schedule that other CITY funding sources will be used throughout the life of the
infrastructure sales tax levy to advance the overall program of CITY transportation
projects set forth in Exhibit "A", the CITY shall be eligible to request that the advances
referenced in Section 3(b) of th'isAgreement" shall be increased to one hundred (100%)
per cent of the CITY's share of the infrastructure sales tax revenues for the duration of
the term of this Agreement. In making such a. request, the CITY shall. agree to
submission t;>y the CITY's financial officer of quarterly reports to the COUNTY in such
format as may reasonably be required by the COUNTY.
(d) Should an audit reveal that any funds distributed pursuant to this
agreement were expended .or applied for purposes or services other than as authorized
by the 2001 Interlocal Agreement or this agreement, then the CITY shall promptly, from
funds other than those distributed pursuant to this agree!1lent, reimburse the COUNTY
the amount the audit determined to be improperly spent or applied.
Section 4. Plenary Status of City Transportation Improvement Projects.
For' all purposes, the CITY Transportation Improvement Projects as described in the
attached Exhibit "A" shall be solely and exclusively projects of the CITY. The CITY shall
determine the typical sections, design standards, right-of-way limits, and all related and
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similar matters for the Projects consistent with State .law and the terms of this Interlocal
Agreement. However; .the Projects shall be consistent with the. purposes, ter,ms, and
conditions set forth in the 2001 Interlocal A9reement. The parties desire to cooperate in
. the successful implementation of the Projects, but the COUNTY's. actions pursuant to
this Interlocal Agreement and all other matters that the COUNTY may accomplish
relative to the .Projects shall be for the COUNTY's purposes, and not the CITY's. The
COUNTY shall not be deemed a partner or co-venturer as to the Projects or any portion
or part of the Projects. The CITY shall implement the Projects through the use of in-
house or contractual services with regard to design, permitting, value engineering, right-
of-way acquisition, construction, maintenance of access and traffic,landscapin~, and
construction e~gineering arid inspection as well as anY and all related services and
activities in any way associated with the Projects.
Section 5. City's Duties. In addition to all other covenants, obligations,' duties
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and responsibilities set forth in this Inter/ocal Agreement, during the course of this
Agre~ment, the CITY shall:
(a) Award, enter, administer and supervise all design, planning, surveying,
appraising, . environmental auditing and remediation, negotiating, value engineering,
right-of-way acquisition, legal activities, condemnation, permitting, construction,
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landscaping inspection, access .and traffic maintenance, and any and all construction
and project related contracts necessary in any way to accomplish the ultimate
construction of the CITY Transportation Improvement Projects in. accordance with. the
plans and contract documents.
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.(b) Review and approve all payment requests submitted for labor, materials,
or services used in the. implementation of the CITY Transportation Improvement
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Projects. Invoices or other appropriate documentation for reimbursement or advances
shall be submitted'to the COUNTY's Engineering Division, in a format specified by the
. . COUNTY.
.(c) Obtain any and all necessary lien waivers or releases in connection with
payment requests or disbursements.
(d) Furnish to the COUNTY a full. and final accounting of all costs,
disbursements and receipts in accordance with generally accepted accounting .and
auditing principles.
(e) Obtain any and all local, regional, .State, and Federal permits necessary
. for the CITY Transportation Improvement Projects.
(f) Obtain "as built" surveys by a Florida licensed land surveyor for the CITY
Transportationlrnprovement Projects.
(g) Make any and all timely and proper payments of accurate and payable
valid invoices received from any and all contractors or subcontractors.
(h) Submit schedules and status reports for the CITY Transportation
Improvement Projects two (2) times per year in such formats as may be mutually
agreed upon.
Section 6. COUNTY's Duties. During the course of this Interlocal Agreement,
the COUNTY shall:
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(a) Review copies .of invoices or payment requests and disbursements
records delivered by the CITY to the COUNTY, and notify the CITY within fifteen (15)
business days of any objections to the requests or disbursements.
(b) Subject to the review period, the not-to-exceed amount, and the terms and
. conditions set forth in this Agreement, advance funds to the CITY or reimb~rse the CITY
for the actual authorized and payable costs as set forth in the CITY's contractual
'agreements with respective roc:'d improvement contractors, consultants, materials
vendors, or other contractors for the CITY Transportation' Improvement Projects
consistent with. the terms of this Interlocal Agreement through construction 'completion
of each of the. CITY Transportation Improvement Projects. Payments of invoices,
payment requests, and disbursement records not objected to by the COUNTY shall be
made. within twenty (20) calendar days of receipt by the COUNTY of the invoice from
the CITY indicating amounts payable by the CITY to contractors or subcontractors
working on the Projects.
(c) Cooperate with the CITY in the review of any matters relating to the
Projects.
(d) Serve as administrator of the 2001 Seminole County Transportation and
Education Infrastructure -Plan. Interlocal Agreement as set forth in that Agreement,
including, but not limited to, providing for interpretations, reasonable enforcement and
implementation, coordination of overall program reporting, and determinations of fund
. availability as may be required..
Section 7. Remedies. Each party shall have any and all remedies as
permitted by law. The parties agree, however, to provide for positive dialogue and
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communications. if disputes or disagreements arise as . to the interpretation or
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implementation of this Interlocaf Agreement and agree to comply with the alternative
. dispute. resolution processes set forth in any interlocal agreement relating to said
subject.
Section 8. Force Majeure. In the event any party hereunder fails to satisfy a
requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act
of God or force majeure then said party shall not be in default hereunder.
Section 9. Binding Effect. This Interlocal Agreement shall be binding upon
.and inure to the benefit of the parties hereto and the successors in interest, transferees
and assigns of the parties.
Section 10. Assignment. This Interlocal Agreement shall not be .assigned by
either party with the prior written approval of the other.
Section 11. Public Records. The parties shall. allow public access to all
documents, papers, letters or other materials which have been made or received by the
parties in conjunction with this Interlocal Agreement or the CITY Transportation
Improvement Projects.
Section 12. Records and Audits. The parties shall maintain any and all
records, documents, papers, and other evidence pertaining to the work performed under
this Interlocal Agreement. Such records shall be available at reasonable. times and
places during the term of this Interlocal Agreement and for so long as such records are
maintained thereafter. Records shall be maintained in accordance with State law,
including but not limited to Chapter 119, Florida Statutes, and generally accepted
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accounting and auditing principles. Financial statements usable for fiscal year end
purposes shall be provided annually to the COUNTY.
Section 13. Notices. .
. (a) Whenever either party desires to give notice to the other, notice may be
sent to:
'Forthe COUNTY: County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
With copies to: Public Works Director
Reflections Plaza
520 Lake Mary Boulevard
Suite 200 .
Sanford, Florida 32773
For the CITY: City Manager
1126 East S R 434
Winter Springs, Florida 32708
(b) Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices or receipt of invoices. All notices shall be
effecti~e upon receipt.
Section 14. Liability. Neither party assumes any responsibility or liability for
the acts or omissions of the other party. The parties recognize that the COUNTY
assumes no operational level duties or responsibilities with respect to and that the CITY
assumes total responsibility for the planning, design, construction, maintenance, use
and all other aspects of the CITY Transportation Improvement Projects funded
hereunder. The parties do not intend for this agreement or the 2001 Interlocal
Agreement to provide benefits to or create any rights in third parties.
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Section 15. Compliance with Laws and~egulations. In performing under .
this Interlocal Agreement, the .parties shall abide by all laws, statutes, ordinances, rules,
. and regulations pertaining to; or regulating the performance required by this Agreement.
Any violation of such laws, statutes, ordj.nances, rules, or regulations shall 'constitute a
material breach of this Interlocal Agreement, and shall entitle the non-violating party to .
terminate this Interlocal Agreement immediately upon delivery of written notice of
termination to. the violating. party, provided that a written notice of violation and a
reasonable opportunity to cure has been first given.
Section 16. Headings. All sections and description headings in this Interlocal
Agreement are inserted for convenience. only, and shall not affect the construction or.
interpretation of this Agreement.
Section 17. Entire Agreement. This Interlocal Agreement cohstitutes the
entire agreement of the parties with respectto the subject matter of this Agreement, and
may not be modified .or amended except by a written instrument equal in dignity to this
Agreement, and executed by the parties to be. bound by the amendment to the
Agreement.
Section 18. Counterparts. This Interlocal Agreement may be executed in any
number of counterparts, each of which, when executed and delivered, shall be an
original, but all counterparts shall together constitute one and the same instrument.
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IN . WITNESS. :WHEREOF, the, parties have caused this Agreement to be.
e.x~cuted on the day and year first written above..
ATTEST: CITY OF WINTER SPRH~GS
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-. . ). ---= . ~': :- ' .', "
. )/ BY:'~
ANDREA RENZO LUACES, City Clerk . ~Jftu .."!.OHl~ F.,
BUSH; MAYOR
Date: December 9, 2002 .
ATTEST:
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. BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
~ 'A ANNE MORSE
tk to the Board of
County Commissioners of .
. Seminole County, Florida.
BY~V
DARYL G. MCLAIN, Chairman
Date: 1- /.~ ;. tJ 3
;::...
Forthe use and reliance of
Seminole County only. Ap-
proved as to form and legal .
.~...
,CountylAttorney
As authorized for execution by the Board
of County Commissioners at its / d- M- ~
2002, regular meeting.
1\31\02
Attachment: Exhibit A
F:\Ca\Use.rs\CasI01\Agreements\Winter Springs Interlocal (2nd gen sales tax).doc
12.
.... ....
EXHIBIT A .
. Cent For Seminole Local Sales Surtax
WINTER SPRINGS
Transportation Projects
. Proposed Scope
Reconstruction
Intersection improvements .
SR 434; SR 419; Tuskawilla Road
Preliminary
Cost
Estimate
$1.7M
$.9 M
$1.3 M
$.2 M
$.959 M
$.5M
$1.5 M
Town Center Collectors
Traffic Signal Installations
. Moss Road
SR 419/SR 434
Arterial Lighting
New Sidewalks
SR 434
Includes Villae Walk
Residential Road Reconstruction
& Traffic Calmin
Ranchlands Dirt Road Alternative
Surface Treatment
Fisher Road
Winter S rings Boulevard
Bahama Road
Hickory Grove; Spine Road
Reconstruction; Intersection improvements
$1.6 M
$1.4 M
Improvements .
Reconstruction; Turn Lanes
Improvements
$.725 M
$1.8 M
$.4 M
City Reven~e Share relating to funding
of the above projects. .
PROJECTS TOTAL
Distribution Year 1
Beginning Distribution
Year 2
$12.984 M*
2.429702603%
2.367834687%
Per Section 2(d) and
Exhibit 0 of the 2001
Transportation and
Education Infrastructure
Plan Interlocal A reement.
Per Section 2(e) Qf the 2001 Transportation and Education Infrastructure Plan Interlocal Agreement, if any local government
successfully appeals the results of the 2000 Census figures as published by the Census Bureau, the distribution shall be
recalculated to reflect the adjustments made in the 2000 Census results by the Census Bureau. Any such change shall be
effective at the start of the distribution year following the adjustment. In conjunction with County issuance of such
recalculation, an update to this Exhibit shall be entered into the public record.
"Pro'ects Total reflected is sli htl hi her than u dated revenue share ro'ection of$12.683M.
Projects may be added or deleted pursuant
. to the provisions of Section 3 (a) of the
2001 Transportation and Education
Infrastructure Plan Interlocal Agreement. In
conjunction with County approval of such
project change(s), an update to this Exhibit
. shall be entered into the public record.
Scopes may be expanded, reduced, or otherwise altered
pursuant to the provisions of Section 3(b) of the '2001
Transportation and Education Infrastructure. Plan
Interlocal Agreement. In conjunction with County
concurrence in such scope change(s), an update to this
Exhibit shall be entered into the public record.
Costs are
provided as
estimates only.
Changes to costs
do not require a
formal update to
this Exhibit to be
issued, unless a
project or scope
revision is also
involved.
Sem. Co. Review/Approval
Initials: rlJJf
DPW -
CM OR BCC CHAI .
This Exhibit For The City Of Winter Springs Valid As Of Lj?hJd~ I. 2003.
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S:\ 1 Cent Sales Tax - 2nd Generation\Cities & School Board\City of Winter Springs\Exhibit A-Winter Springs-Rev1.doc
12120/02 3:56 PM
Sent By: BROWN,WARD,SA~ZMANS~WEISS,P.A.; 407 425 9596; Nov-26-02 12:02PM; Page 3/4
~RC7V~I~, ~VAR]~, SALZMAI`rI & W~ISS,1'.A.
Usher 1. J3rown'
Suzanne d'Apr~"
Anthony A. GarQenasp'
C3ary S. Satxlllpn°
John H. Ward •
Jeffrey S. Wells
'Board Certified [:IYII Trial LaNyer
'Board Certltled Business Lgigation Lawye!
°Boerd CarNrred City, County d~ Loco! ~aoYernment Law
Attorneys pt Luw
C~~ces ir- Orlando Kissimtnce,
(ACOa & ~lCt1 Debra S. Babb
Jeffrey P. Beak
Jahn U. 8iedanham, Jr.
Joseph E. 8liteh
Scott fl, danahy
Jennifer A. M"ict~ae!
Todd K. Norman
tuychelle A. Reddin
Vincent E. SCarlatos
Erin J, p't-eery
Of Counsel
November 7, 2002 . ~ '~
Sent Vla Facsimile & U.S. Mail
4Q7-665-57d~9 •~ ~,. ~,
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Mr_ Stephen Lee ~c'=3
Deputy County Attorney ~
Seminole County ;~
7101 fast First Street
Sanford, FL 32771
Re: Letter a1r Under>gtanding
Intertoeal Agreement -Una Cent ~.ocal Sales Surtax
C?ur Client: City of Winter Springs
Our Fiie No.: 1193
Dear Stephen:
The City of Winter Springs would like to execute the Interiacal Agreement originally
provided by Seminole County regarding the expenditure of the one cent local sales surtax
("Agreement"). Before doing so, the City is requesting a Letter of Understanding from the
County on several key issues of interpretation of the Agreement.
Section 3 provides that "The funds shall not be used for collateral programs or
projects, and not for programs or projects which may he accomplished
simultaneously with, in conjunction with, ar as a result of City Transportation
Improvement projects", tt is unclear what the Phrase "collateral programs or
projects" means. The City desires a mutual understanding from the County that this
sentence shall not be interpreted to prohibit the City from using the funds #a
225 Eas! Robinson Sifpet, 5ur1e 660 • P.d. Box 2873.Orlenda, Florida 328e72-2873
Orlando {407) 425~$G$ Fax (407) 425.9596 • Klcsimmec (321)402.0144 • Gooaa & vierrr (866) 4?,S-g566
Websita: wwiN.orlandolaw,llet • small: firm~oriandolaw.npt
Sent By: SROI~N,WARD,SALZMAN$WEISS,P.A.; 407 425 9596; Nov-28-02 12:02PM; Page 4/4
Mr. Stephen Lee
Deputy County Attorney
November 7, 202
Page 2
construct any transportation improvement project identified on exhibit "A"af the
Agreement, as amended from time to time by the parties.
2. Section 4 provides that "The City shall determine the typical sections, design
standards, right-of-way limits, and all related and similar matters for the Projects
consistent with State l.aw and the terms of this Interlocal Agreementu. The City
desires a mutual understanding from the County that this sentence shall net be
interpreted to mean that the City must design local roads to FQClT Standards,
3. The City arty: the County mutually agrb8 that ~Secticn ~(c}.shall rYtean that •the City
wilt submit schedules and status reports for the City Transportaticrt Improvement
Projects to the County Manager or his designee.
4. The City and the County mutually agree that the term objections" contained in
Section 6(a) shall mean those requests yr disbursements that are inconsistent with
the provisions of the Agreement and all exhibits and attachments thereto.
If the County agrees with the City's understanding ofthe aforementioned provisions
of the Agreement, please have the County Manager or h(s authorized designee execute
this Letter of Understanding on the signature line below. Upon execution, please return
this fetter to me and the City will forward to you two executed originals of the lnterlocal
Agreement for the County's execution, one original can be returned to me at that time.
Thank you in advance far your prompt attention to this matter.
Ve yours,
Anthony A. arganese
City Attorney
County agrees to the aforesaid:
- ~
AAGrd
cc: Ronald McLemore, City Manager (via facsimile}
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