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HomeMy WebLinkAbout2001 08 13 Consent A Winter Springs Inter-local Agreemnt Community Development Block Grant Program ".,r COMMISSION AGENDA ITEM A CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR 8/13/01 Meeting MGR. re----rnEPT cC? Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize the Mayor to execute the Seminole County/City of Winter Springs Inter-local Areement Community Development Block Grant Program. Program Year 2001-002. PURPOSE: The purpose of this item is to obtain Commission approval to execute the agreement necessary for Torcaso Park Improvements and the reimbursement of $ 485,000 from Seminole County. CONSIDERATIONS: . On February 26, 2001, the City Commission approved the application of a CDBG Grant for Torcaso Park Expansion and Improvements in the amount of $ 485,000, which includes mitigation, clearing, fill, a 60 car parking, a full size football/soccer field, sidewalk, splash playground, walkway lighting, landscape irrigation, environmental design and permitting, NE design and permitting and project contingency. . The Seminole County Commission has approved the allocation of funds for FY 2001/2002 to the Torcaso Park Expansion/Improvements in the amount of$ 485,000.00. . Winter Springs staff will coordinate the project with Seminole County and the Architect, Engineering and contractor. FUNDING: Budgeted FY 2001-2002, $ 485,000 Torcaso Park Expansion to be reimbursed by Seminole County. 1 r ,..-. . RECOMMENDATION: Staff is recommending approval to authorize the Mayor to execute the Seminole County/City of Winter Springs Inter-local Agreement, Community Development Block Grant Program, Program Year 2001-2002. IMPLEMENTATION SCHEDULE: August September October December January March September 2001 2001 2001 2001 2002 2002 2002 ATTACHMENTS: Attachment # 1 Execution of Agreement. Bid Professional Engineering and Design. A ward Professional Engineering, Design and Mitigation. Bid Construction. A ward Construction Construction begins Project completed. Seminole County/City of Winter Springs, Inter-local Agreement, Community Development Block Grant Program, Program Year 2001-2002. COMMISSION ACTION: 2 ATTACHMENT It 1 SEMINOLE COUNTY/CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROGRAM YEAR 2001-2002 THIS AGREEMENT, entered into this da y 0 f 2001, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address 1S 1101 East First Street, Winter Springs, Florida 32771, hereinafter referred to as "COUNTY," for the use and benefit of its Community Development Block Grant (CDBG) Program and the CITY OF WINTER SPRINGS, a municipality incorporated under the laws of the State of Florida, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "WINTER SPRINGS". WHEREAS, COUNTY has made application effective October 1, 2001, and entered into a contract with the United States Department of Housing and Urban Development, hereinafter referred to as "HUD," pursuant to Title I, Housing and Community Development Act of 1974, as amended, and implementing regulations set forth in 24 Code of Federal Regula tions (CFR) Part 570; and WHEREAS, pursuant to the HUD application, the COUNTY shall undertake certain activities to develop a viable community, including, but not limited to, a suitable living environment and improved quality of life, principally for persons of low and moderate income, as described in the CDBG Program application; and WHEREAS, WINTER SPRINGS shall provide for professional construction services for construction and installation of recreational equipment and associated park improvements wi thin WINTER SPRINGS to benefit low and moderate income residents of Seminole County, Florida; and 1 WHEREAS, the COUNTY has deemed that these services serve a COUNTY purpose and desires to engage WINTER SPRINGS to render services necessary to achieve the aforesaid objectives; and WHEREAS, the COUNTY has allocated CDBG funds for community development activities provided by WINTER SPRINGS, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above recitals are true and form a material part of the Agreement upon which the parties have relied. Section 2. Definitions. (a) "CD Administrator" means ,the Seminole County Community Development Principal Planner. (b) "CDBG Program"-means the Seminole County COBG Program. (c) "CDBG Regulations" means 24 CFR Part 570 and supplemental, additional or successor provisions. (d) '''County Approval" means written approval by the Planning Director, Community Development Principal Planner, or their designee. (e) "Low and Moderate Income" means gross household income not to exceed eighty percent (80%) of the median family income within the Orlando Metropolitan Statistical Area during the Agreement. (f) "Planning Department" means the COUNTY's Planning and Development Department Director or his designee for the Comrnunlry. Development Office. Section 3. . Statement of Work. (a) WINTER SPRINGS, in a manner satisfactory to the COUNTY, shall perform all services described or referred to in Exhibit "A," General 2 Scope of Services, attached hereto and incorporated herein by reference. Such serVlces shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of WINTER SPRINGS. (b) The parties recognize and agree that the purpose of this Agreement lS to reimburse the cost of providing professional construction services for engineering and design and construction and installation services for recreational equipment and associated park improvements to benefit low and moderate income residents of WINTER SPRINGS and the Agreement is directly related to the implementation of the COBG program. Where service expenses are authorized by the COUNTY as set forth in Exhibit "A," those expenses shall be specifically itemized by the hours or dollars expended or as otherwise required by applicable laws, rules and regulations. All hours charged by staff and direct expenses shall be specifically and directly related to WINTER SPRINGS' implementation of the COBG activity funded under this Agreement. Section 4. Term. The COUNTY shall reimburse WINTER SPRINGS for the services described in Exhibit "A," performed by WINTER SPRINGS up to the limits set forth in Section 5. All such services shall be performed by WINTER SPRINGS in accordance with applicable requirements of HUD with reimbursement contingent thereupon. WINTER SPRINGS shall perform all services described in Exhibit "A," on or before December 31, 2002, unless the Agreement is otherwise amended or extended by written agreement of the parties as provided hereunder. The Agreement shall be effective upon execution by both parties. Any requirements set forth in Sections 6, 13, 14, 18 and 22 hereunder shall survive the term of the Agreement as a whole. 3 Section 5. Considera tion and Limi ta tion of Cos ts . The COUNTY shall reimburse WINTER SPRINGS for costs, in accordance with the Agreement and 24 CFR Part 570, in an amount not to exceed FOUR HUNDRED EIGHTY~FIVE THOUSAND AND NO/lOO DOLLARS ($485,000.00) for the services described in Exhibit "A". Section 6. Payments. (a) Payment to WINTER SPRINGS shall be on a reimbursement basis limited to the items budgeted in the Project Budget, attached hereto and incorporated herein by reference as Exhibit "B". Payment may also be made directly to the vendor, pursuant to the conditions set forth in subsection (b) below. (b) WINTER SPRINGS shall submit to the COUNTY by the fifteenth (15th) day of each month during the term hereof, the following: (1) A statement of all costs of services for the period from commencement through the end of the' report period for which the statement is submitted; (2) A statement of all costs of services for the current report period, categorized by budget line item and consist~nt with Exhibit "B"; (3) An invoice and copies of receipts or other acceptable documentation issued for payment of any expense. (c) Upon receipt of the documentation listed above, the COUNTY shall initiate the payment. process. Reimbursement to WINTER SPRINGS shall be made as soon as practicable; provided, however, that if-WINTER---- SPRINGS has performed services in full compliance with all HUD requirements, payment shall be made by the COUNTY to WINTER SPRINGS within thirty (30) days of receipt of documentation by the COUNTY. 4 (d) All disbursements by WINTER SPRINGS must be fully documented to the COUNTY and available, upon request, for all inspection or audit in accordance with the provisions of Section 13 below. (e) Within forty-five (45) days after completion of all services to be performed, WINTER SPRINGS shall render a final and complete statement to the COUNTY of all costs and charges for services not previously invoiced. The COUNTY shall not be responsible for payment of any charges, claims or demands of WINTER SPRINGS not received wi thin said forty-five (45) day period. However, such time may be extended in writing, at COUNTY's discretion, not to exceed a period of an additional forty-five (45) days, provided the delay in submission is not occasioned by any fault or negligence of WINTER SPRINGS, as determined by the COUNTY. Section 7. Uniform Administrative Requirements. In addition to all other Federal, State and local requirements for the performance of the Agreement, WINTER SPRINGS shall comply with the requirements set forth in 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular No. A-102, "Grants and Cooperative Agreements with State and Local Governments," and OMB Circular No. A-87, "Cost Principles for State and Local Governments". Section 8. Compliance with other Program Requirements. (a) During the Agreement, WINTER SPRINGS shall comply with all Federal laws, rules, regulations, directives and orders described in'24 CFR 570 Subpart K and the regulations listed below which by reference are incorporated herein and made a part hereof. (1) 24 CFR Part 1 - The regulations promulgated pursuant to Title VI, 1964 Civil Rights Act, Public Law 88-352. 5 (2) Title VII, 1968 Civil Rights Act as Equal Employment Opportunity Act of 1972 ("Act") discrimination in employment. (3) Title VIII, 1968 Civil Rights Act, Public Law 90-284 - The Fair Housing Act requlres HUD to administer the activities and programs relating to housing and urban development in a manner that affirmatively furthers fair housing. (4) 24 CFR Part 107 - Implementing Executive Order 11063, as amended by Executive Order 12259, which directs HUD to take all action necessary to prevent discrimination because of race, color, religion (creed), sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities when provided in whole, or in part, with Federal assistance. amended by the Prohibits (5) Section 109 of the Act - Requires that no person shall, on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds. Section 109 of the Act further prohibi ts against discrimination on the basis of age under the Age Discrimination Act of 1973, or with respect to an otherwise qualified handicapped person as provided in Section 504, Rehabilita tion Act of 1973. (6) Section 110, Labor Standards - Required compliance with the Davis-Bacon Act, as amended, pursuant to 29 CFR parts 3.5 and.- 5a; and the Contract Work Hours and Safety Standards Act, where applicable. (7) . National Flood Disaster Act - Governs participation in the National Flood Insurance Program, pursuant to Section 202(a) of said Act. 6 (8) Uniform Reloca tion Assistance ("URA") and Real Property Acquisition Policies Act of 1970 ("Real Property Act"), HUD implementing regulations at 24 CFR Part 43 and Section 104 of the Act, - Provides for the protection of individual rights when affected, by relocation acquisition and displacement activities. (9) Executive Order 11246, as amended by Executive Order 12086, - Provides that no person should be discriminated against on the basis of race, color, religion, sex or national origin in al phases of employment during the performance of Federally assisted construction contracts. (10) Section 3, Housing and Urban Development Act of 1968 - Requires HUD recipients to provide, to the greatest extent feasible, opportunities for training and employment to very low income persons. (11) Lead-Based Paint Poisoning Prevention Act - Prohibits the use of lead-based paint and provides for the elimination of lead- based paint in all residential structures constructed or rehabilitated with Federal Assistance. (12) 24 CFR part 24 - Provides that assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or WINTER SPRINGS during any period of debarment, suspension, placement in ineligibility status under the provisions of 24 CFR part 24. (13) Conflict of Interest - Provides that the provisions of 24 CFR Part 84.42, 24 CFR Part compliance with 570.611 and - .OMB-..... Circular A-110 is mandatory. (14) . 24 CFR Part 570 regulations regarding the CDBG Program. Provides for compliance with 7 (b) WINTER SPRINGS shall neither assume the COUNTY's environmental responsibilities, as described in 24 CFR Part 570.604, nor the COUNTY's responsibilities for initiating the review process pursuant to the provisions of Executive Order 12372 and 24 CFR Part 52. However, the aforesaid shall neither exempt WINTER SPRINGS from performing site- specific reviews in accordance to the COUNTY's Environmental Review Monitoring Strategy nor release the WINTER SPRINGS from any environmental pollution that it may cause or have caused and WINTER SPRINGS shall assume full liability therefor. Section 9. Compliance with Local and State Laws. During the Agreement, WINTER SPRINGS shall comply with all applicable State and local laws, regulations and ordinances, which by reference are incorporated herein and made a part hereof, including, but not limited to, the following: (a) Chapter 112, Florida Statutes Governing conflicts of interest. (b) Administrative Procedures - Procedures which may be issued by the Planning Department for implementation of the COUNTY's CDSG Program. (c) WINTER SPRINGS shall comply with the "Local Relocation and Antidisplacement Policy' as adopted by the COUNTY. Should WINTER SPRINGS's performance during this Agreement necessitate, as determined by applicable Federal regulations, compliance with the URA and Real Property Act, WINTER SPRINGS shall immediately notify COUNTY accordingly. Upon such notification COUNTY shall implement"and administer all requirements of the URA and Real Property Act pursuant to this Agreement.. The parties agree that should the aforementioned occur, COUNTY shall use funds budgeted in Exhibit "SH to pay for relocation and displacement costs required hereunder. 8 Section 10. Prior Written Approvals - Summary. The following includes, but is not necessarily all inclusive of, activities requiring the prior written approval of the COUNTY for reimbursement or payment: (a) Initiation of new activities not covered by the Agreement and changes in the location of, or deletion of, any activity. (b) Purchase of any capital equipment (does not include actual project construction). (c) All change orders to the Agreement. Section 11. Project Publicity. Any news release, project sign, or other type of publicity pertaining to the project, described herein shall recognize the Seminole County Board of County Commissioners as the recipient funded by HUD and providing funds to WINTER SPRINGS. Section 12. Management Assistance. The CDBG Administrator or his designee shall be available to WINTER SPRINGS to provide guidance on CDBG requirements. Section 13. Maintenance of Records. (a) WINTER SPRINGS shall, at a minimum, maintain all records required by Federal, State and local laws, rules and regulations. (b) WINTER SPRINGS shall maintain all records, including accounts and property and personnel records, as deemed necessary by the COUNTY or considered a sound business practice to ensure proper accounting of all project funds and compliance with the Agreement. (c) WINTER SPRINGS shall maintain financial records required by Federal regulations in addition to financial records relative to the following matters: (1) . Items purchased and paid for through standard WINTER SPRINGS procedures: invoices and copies of canceled checks. 9 (2) Agreements: the contract, billings and copies of canceled checks. (3) Force account construction: records indicating name, position, number of hours and total labor costs. (4) Capital expenditures in excess of THREE HUNDRED AND NO/100 DOLLARS ($300.00): description, model, serial number and date and cost of acquisition. (d) WINTER SPRINGS shall perform or cause to be performed an annual audit of its activities and funds in accordance with OMB Circular A-133 "Audits of States, Local Governments and Non-Profit OrganizationsH. Copies of all audits relating to the use of CDBG funds shall be provided to COUNTY and the CDBG Administrator in a timely manner. (e) All records and contracts, of whatsoever type or nature, required by the Agreement shall be available for audit, inspection and copying in accordance with Chapter 119, Florida Statutes. The COUNTY shall have the right to obtain and inspect any audit pertaining to the performance of the Agreement made by any Federal, State or local agency. WINTER SPRINGS shall retain all records and supporting documentation applicable to the Agreement for a minimum of five (5) years after resolution of the final audit and in accordance with Florida law. Section 14. Reporting Requirements. WINTER SPRINGS shall fully complete and provide to the COUNTY and CDBG Administrator monthly reports utilizing the "Request for Funds Reimbursement Report," attached hereto and incorporated herein as Exhibit "C". WINTER SPRINGS shall provide the reports as part of the financial reimbursement process no later than the fifteenth (15th) day of each month. WINTER SPRINGS shall fully complete and provide to the COBG Administrator by the fifteenth 10 (15th) day of each month a "Monthly Status Report," attached hereto and incorporated herein as Exhibit "0". Failure by WINTER SPRINGS to submit a monthly report (Exhibi t "0") shall allow the COUNTY to wi thhold payment on the next Request For Funds Reimbursement Report submitted by WINTER SPRINGS until the required monthly report is submitted as mandated herein. Further, WINTER SPRINGS shall fully complete and provide to the CDBG Administrator, in a timely manner, an "End of Year Report," attached hereto and incorporated herein as Exhibit "E". The COUNTY shall have access to and be provided copies and transcripts of any records necessary in the sole determination of the COUNTY or HUD to accomplish this obligation. Section 15. Non-Expendable Property. Any non-expendable personal property acquired by WINTER SPRINGS to.perform the projects herein and approved by the COUNTY as set forth in Section 10 herein, shall be subject to all Federal, State and local regulations, including, but not limited to, the provisions on use and disposition of property. At the termination of this Agreement, any grant-funded non-expendable personal property shall be made available to the COUNTY and HUD in accordance with the aforesaid provisions. Section 16. Liability. Except for reimbursement as specifically set forth herein, the COUNTY shall not be liable to any person, firm, entity or corporation in connection with the services WINTER SPRINGS has agreed to perform hereunder, or for debts or claims accruing to such parties against WINTER SPRINGS. The Agreement shall not - .-create-- -a.-- contractual relationship, either express or implied, between COUNTY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to WINTER SPRINGS as a result of services to COUNTY hereunder. 11 Section 17. Subcontracts. All contracts made by WINTER SPRINGS to perform the activities described in Exhibit "A" shall comply with all applicable laws, rules and regulations set forth in the Agreement. Any addi tional work or services subcontracted hereunder by WINTER SPRINGS shall be specified in writing and subject to the Agreement. Section 18. Indemnification. (a) To the extent permitted by law, WINTER SPRINGS shall defend, hold harmless and indemnify the COUNTY from and against any and all liability, loss, claims, damages, costs, attorney's fees and expenses of whatsoever kind, type, or nature which the COUNTY may sustain, suffer or incur or be required to pay by reason of the loss of any monies paid to WINTER SPRINGS or whomsoever, resulting out of WINTER SPRINGS's fraud, defalcation, dishonesty, or failure of W,INTER SPRINGS to comply with applicable laws or regulations; or by reason or as a result of any act or omission of WINTER SPRINGS in the performance of the Agreement or any part thereof; or by reason of a judgment over and above the limits provided by the insurance required hereunder or by any defect in the construction of the project; or as may otherwise result in any way or instance whatsoever arising from this Agreement. (b) In the event that any action, suit or proceeding is brought against the COUNTY upon any alleged liability arising out of the Agreement, or any other matter relating to this Agreement, the COUNTY shall promptly provide notice in writing thereof to WINTER SPRINGS by registered or certified mail addressed to WINTER SPRINGS at the address provided hereinafter. Upon receiving such notice, WINTER SPRINGS, at its own e?<pense and to the extent permitted by law, shall diligently defend against such action, suit or proceeding and take all action 12 necessary or proper to prevent, to the extent practicable, the obtaining of a judgment against the COUNTY. The COUNTY shall cooperate to a reasonable extent in WINTER SPRINGS I S defense of any such action, suit or proceeding. Section 19. Insurance. WINTER SPRINGS shall ensure that its insurance coverage or self-insurance program, or the insurance coverage of its contracted agents is adequate and sufficient for the activities performed pursuant to the Agreement. WINTER SPRINGS shall ensure that the insurance requirements imposed on all contractors conform to and comply with all applicable Federal, State and local regulations. Section 20. Non-Assignability. Neither party shall assign the Agreement without the prior written consent of the other. Section 21. Headings. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. Section 22. Program Income. (a) In the event that any program income recei ved by WINTER SPRINGS during the Agreement, return such income to the COUNTY. (returned funds) is WINTER SPRINGS shall (b) If any program income (returned funds) is received by WINTER. SPRINGS after expiration of the Agreement or at the end of the year when all remaining items have been budgeted, the program income shall be returned to the COUNTY for proper accounting in the CDBG fund. Section 23. Suspension and Termination. In accordance with 24 CFR Parts 84.60 -.62, the COUNTY may immediately suspend or terminate any term or condition hereunder. Notice thereof shall be provided pursuant to the Agreement. The Agreement may also be terminated for convenlence In accordance with 24 CFR part 85.44, providing for 13 termination for mutual convenience, or partial termination for specified reasons. The Agreement may also be terminated immediately by the COUNTY for cause. Section 24. Reversion of Assets. Upon expiration of the Agreement, WINTER SPRINGS shall transfer to the COUNTY any remaining CDBG funds and any accounts receivable attributable to the use of CDBG funds. Any real property controlled by WINTER SPRINGS and acquired or improved in whole, or in part, with CDBG funds in excess of TWENTY-FIVE THOUSAND AND NO/lOO DOLLARS ($25,000.00) shall be governed by 24 CFR 84.34 (g) . Section 25. Certification Regarding Lobbying. WINTER SPRINGS hereby certifies, by examination of the Agreement, that, to the best of its knowledge and belief: (a) No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or emp10yee of Congress, or any employee of a member of Congress in connection wi th this Agreement, WINTER SPRINGS shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in 14 accordance with its instructions. Section 26. Notice. Whenever either party desires to glv~ notice unto the other, notice may be sent to: For COUNTY: CDBG Administrator Conununity Development Office Seminole County Services Building 1101 East First Street WINTER SPRINGS, Florida 32771 For WINTER SPRINGS: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Either of the parties may change, by written notice as provided herein, the address or person for receipt of notice. Section 27. Conflict of Interest. (a) WINTER SPRINGS agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to the Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) WINTER SPRINGS hereby certifies that no officer, agent or employee of the COUNTY has any material interest (as defined in Section 112.312 (15) , Florida Statutes, as over 5%) ei ther directly or indirectly, in the business of WINTER SPRINGS to be conducted here, and that no such person shall have any such interest at any time during the term of the Agreement. (cl Pursuant to Section 216.347, Florida Statutes, WINTER SPRINGS hereby agrees that monles received from the COUNTY pursuant to the Agreement will not be used for the purpose of lobbying the Legislature 15 or any other State or Federal Agency. Section 28. Entire Agreement, Effect on Prior Agreement. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements, if any, between the parties relating to the subject matter of the Agree- ment. Section 29. Modification. This Agreement may not be modified, amended or extended orally. This Agreement may be amended by written agreement duly executed by the governing bodies of both parties. Section 30. Remedies. Upon determination that a breach has occurred and in addition to the remedies provided by law, the COUNTY may elect any of the following remedies, as applicable and appropriate: (a) Terminate the Agreement and designate the remaining uncommit- ted funds for any other eligible program or activity or to the COUNTY's trust fund wi thout further obligation to WINTER SPRINGS, and require WINTER SPRINGS to repay any monies expended in violation of the Agreement. (b) ( c) applicable. Section 31. Severability. If anyone or more of the covenants or provisions of the Agreement shall be held to be contrary to a~y express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants or provisions shall be null and void, shall be deemed separable from the remaining covenants or provisions of the Agreement, and shall, in no way, affect the validity of the remaining covenants or provisions of the Agreement. Require specific performance of the Agreement. Demand payment and/or performance from the surety, if 16 IN WITNESS WHEREOF, , the parties hereto have cq.'usect the .71greement :. I " to be executed on the date hereinabove first written~ r CIT ,L By: o LUACES Date: August 13, 2001 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: DICK VAN DER WEIDE, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commission ers at their 20 , regular meeting. County Attorney 5 Attachments: 1. Exhibit "A" - General Scope of Services 2. Exhibit" B" - proj ect Budget 3. Exhibit "c" - Request for Funds Reimbursement Report 4. Exhibit \\~' - Subrecipient Report (Monthly Status Report) 5. Exhibit "E" - End of Year Report SED/lpk 7/6/01 cdbg-wintersprings-torcaso 17 EXHIBIT A GENERAL SCOPE OF SERVICES WINTER SPRINGS shall provide for professional engineering and design services and construction services and WINTER SPRINGS shall manage the construction and installation of recreational equipment for the expansion and improvement of Torcaso Park identified as "concept f' in the attached map. NOTICE: The acquisition of real property whether it be through purchase, donation or any other method of real property transfer or the granting of rights or privileges may require compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. THEREFORE, WINTER SPRINGS shall not acquire nor negotiate the purchase or donation or receive the benefits of the receipt of rights or privileges by a real property owner of any real property or any interest in real property without first seeking consultation with the COUNTY. FAILURE BY WINTER SPRINGS TO FIRST SEEK CONSULTATION WITH THE COUNTY REGARDING THE AFOREMENTIONED SHALL AUTOMATICALLY TERMINATE THIS AGREEMENT. TASK ONE: DOCUMENTS WINTER SPRINGS shall prepare all documents required for bidding. The document shall be submitted to the COUNTY for review and approval prior to bidding. The COUNTY shall review the documents and incorporate terms and conditions as required by the COUNTY or by Federal requirements. TASK TWO: BID ADVERTISEMENT WINTER SPRINGS shall properly advertise bids and provide contractors a specific response period. All procurement of labor, materials and services shall comply, at a minimum, with 24 CFR Part 85 pursuant to the Federal Office of Management and Budget (OMB) Circular A-87, as revised and amended. TASK THREE: BID RESPONSE REVIEW Following the close of the bidding period, the COUNTY and WINTER SPRINGS shall jointly review the bids received. After review, WINTER SPRINGS shall review contractor qualifications and make appropriate bid and contract award. TASK FOUR: CONTRACTOR SELECTION WINTER SPRINGS shall select the contractor to be awarded the construction work. WINTER SPRINGS shall prepare and negotiate the contract with the contractor and monitor the performance to meet certain requirements, such as, but not limited to, certificates and permits. WINTER SPRINGS shall facilitate, in cooperation with the COUNTY, any requirements necessary for the COUNTY to comply with Federal guidelines. \\PD _CSB\SYS\pd\teams\CD\PROJECTSIWinter Springs\exhibit a scope of services torcaso park 2001-2002.doc . '. TASK FIVE: PRE-CONSTRUCTION CONFERENCE WINTER SPRINGS and the COUNTY shall hold a pre-construction conference at WINTER SPRINGS City Hall with the contractor, subcontractors, private utilities representatives, city representatives and other appropriate persons for the purpose of: 1. Identifying the project manager; 2. Identifying the field monitors; 3. Discussing the plans and specifications; 4. Discussing construction procedures and scheduling; 5. Answering any questions prior to construction; and 6. Discussing Federal requirements and regulations (COUNTY staff shall present this information.) TASK SIX: CONSTRUCTION MONITORING WINTER SPRINGS shall provide a project manager to monitor and inspect the construction activities. The project manager shall be responsible for responding to all requests by the COUNTY or contractor. The project manager or his/her designee shall be the liaison to the COUNTY. TASK SEVEN: PROGRESS REPORTS The WINTER SPRINGS project manager or his/her designee shall provide monthly written progress reports to the COUNTY by the fifteenth (15th) day of every month. TASK EIGHT: PROJECT SUMMARY WINTER SPRINGS shall prepare a written summary for the COUNTY, to complete documentation of the project. \\PD _ CSB\SYS\pd\teams\CD\PROJECTS\ Winter Springs\exhibit a seope of services torcaso park 2001-2002.doc -----.-----.----... ---.--.-.-.-----.-----.--- -.--------.---..------..---.---- -.---...---...-.. - ..-.-.-... Torcaso Park Expansion J~ II 1\ U!-. op CCIr"'W"1!:flr,....e.l"'OOt. .p 6I"\...o..t~ IIIp MUL.fl.~ 6f-L"'...., cO? ~ bb D-6e-:.alo..&Ll. bd ....., "'...,.,.., cp CO~MP '-.h1UON df c..r:....1NI::. I'CUH~H fp 1'1~"If." lk ..FON-1AIIOll ~ NORT~ FLAMINc.O MO&& MASTER PLAN ~Q~~ept f NTS . srI ----.---------------.-.--..------.--...-.-------.-.....---...---------.-- 15> Fob 01 EXHIBIT B PROJECT BUDGET CITY OF WINTER SPRINGS, FLORIDA Activity Budget Engineering and Design Costs (see below) and Expansion, Improvement, Construction and Recreational Equipment Installation Costs to Torcaso Park Identified as "concept f' on the attached map. CDSG 2001-2002 $ 485,000 Engineering and design cost reimbursement shall be paid to WINTER SPRINGS when engineering and design is complete in the following stages: 25%, 50%, 90% and 100%. COUNTY shall not pay WINTER SPRINGS for any re-design or rs- engineering costs. \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit b budget torcaso park 2001-2002.doc . , EXHIBIT C SEMINOLE COUNTY REQUEST FOR FUNDS REIMBURSEMENT REPORT (FISCAL YEAR 2001 - 2002) COMMUNITY DEVELOPMENT STAFF USE ONLY (CONTRACT # ACCOUNT NO. PROJECT # Amount ACCOUNT NO. PROJECT # Amount SECTION I - REQUEST FOR FUNDS 1. SUBRECIPIENT NAME: City of Winter Springs, Florida 2. ADDRESS: 3. REQUEST DATE: 4. REQUEST NO.: FINAL REQUEST: YES NO 5. CONTACT PERSON: 6. TELEPHONE NUMBER: COMPLETE SECTION II EXPENSE SUMMARY BEFORE GOING TO ITEMS 7-12. 7. FUNDS ARE HEREBY REQUESTED FOR EXPENDITURTES INCURRED IN THE MONTH(s) OF: 8. TOTAL CASH EXPENDITURES FROM START OF SUBGRANT TO DATE (FROM SECTION II, LINE 4): $ 9. CASH RECEIPTS FROM START OF SUBGRANT TO DATE: $ 10. REIMBURSEMENT FUNDS REQUESTED FOR THIS 11. PERIOD (LINE 8 MINUS LINE 9) SUBMITTED BY: $ 13. TITLE: 12. AUTHORIZED SIGNATURE: (This form is for reproduction or copying by Recipient and should summarize the total payment request for all units assisted.) PAGE 1 OF 3 \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit c request payment torcaso park 2001-2002,doc SECTION" - EXPENSE SUMMARY FISCAL YEAR 2001 - 2002 SUBRECIPIENT NAME: City of Winter Springs, Florida EXPENSE SUMMARY FOR: (Month & Year) DESCRIPTION BUDGET CURRENT EXPENSES EXPENSES AVAILABLE OF REVISED THIS Y-T-D BALANCE ACTIVITY BUDGET MONTH CDBG 2001-2002 $485,000.00 2. TOTAL A. B. C. D. E. $485,000.00 $ $ $ $ 3. ENTER TOTAL CASH EXPENDITURES AMENDMENT JOURNAL REPORTED ON THE PREVIOUS "EXPENSE $ REPORT AND REQUEST FOR FUNDS" (SECTION I, LINE 9) 4. COMPUTE "TOTAL CASH EXPENDITURES FROM START OF SUBGRANT TO DATEn BY $ ADDING 2C AND 3. (ENTER RESULT ON SECTION I, LINE 8) ATTACH A COPY OF ALL SUPPORTING DATA FOR THE PERIOD THIS EXPENSE SUMMARY ADDRESSES i.e., LABOR VOUCHERS, RECEIPTS, INVOICES, DAILY ACTIVITY LOGS, ETC.. (This form is for reproduction or copying by Recipient.) \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit c request payment torcaso park 2001-2002.doc " SECTION III - STATUS REPORT FY 2001 - 2002 1. SUBRECIPIENT NAME: City of Winter Springs, Florida 2. STATUS REPORT FOR THE MONTH OF: 3. ACTIVITY NAME: 4. ESTIMATED PROJECT/ACTIVITY COMPLETION DATE: 5. PERCENT OF PROJECT/ACTIVITY COMPLETED TO DATE: 6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED THIS MONTH. 7. DESCRIBE PROJECT/ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR SOLUTIONS. 8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT/ACTIVITY THAT THE COMMUNITY DEVELOPMENT OFFICE COULD PROVIDE ASSISTANCE TO RESOLVE. L:\pd\teams\CDlPROJECTS\Winter Springs\exhibit c request payment torcaso park 2001-2002.doc EXHIBIT D SUBRECIPIENT REPORT Status Report for Month of I. SUBRECIPIENT INFORMA nON Subrecipient City of Winter Springs, Florida Mailing Address Contact Person Telephone II. NARRATIVE DESCRIPTION OF ACTIVITY STATUS/MILESTONES: III. BUDGET STATUS TOTAL ESTIMATED EXPENSES PAID EXPENSES PAID OUTSTANDING BUDGET ACTIVITY BUDGET THIS MONTH TO DATE OBLIGA TIONS BALANCE TOTAL Any other special accomplishments: Signed: \\PD_ CSB\SYS\pd\leamS\CD\PROJECTS\Winler, Springslexhibil d report loreaso park 2001-2002.doe EXHIBIT E NAME OF ORGANIZATION: City of Winter Springs, Florida FISCAL YEAR----2001-2002 END OF YEAR REPORT Type of service provided: Total number of people served: Total number of groups/sessions performed: TOTAL NUMBER OF HOUSEHOLDS/PERSONS DIRECTLY ASSISTED IN COLUMN "A" No. of Low and White not Black not American Hispanic Asian / Female Household/ Moderate Very Hispanic Hispanic Indian / Pacific Headed Persons Income Low Income Origin Origin Alaskan Islander Household Assisted Native A B C 0 'E F G H I Any other special accomplishments: Signed: \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit e year end report torcaso park 2001-2002.doc SEMINOLE COUNTY/CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROGRAM YEAR 2001-2002 THIS AGREEMENT, entered into this day of 2001, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is 1101 East First Street, Winter Springs, Florida 32771, hereinafter referred to as "COUNTY," for the use and benefit of its Community Development Block Grant (CDBG) Program and the CITY OF WINTER SPRINGS, a municipality incorporated under the laws of the State of Florida, whose mailing address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "WINTER SPRINGS" . WHEREAS, COUNTY has made application effective October 1, 2001, and entered into a contract with the United States Department of Housing and Urban Development, hereinafter referred to as "HUD," pursuant to Title I, Housing and Community Development Act of 1974, as amended, and implementing regulations set forth in 24 Code of Federal Regula tions (CFR) Part 570; and WHEREAS, pursuant to the HUD application, the COUNTY shall undertake certain acti vi ties to develop a viable community, including, but not limited to, a suitable living environment and improved quality of life, principally for persons of low and moderate income, as described in the CDBG Program application; and WHEREAS, WINTER SPRINGS shall provide for professional construction services for construction and installation of recreational equipment and associated park improvements wi thin WINTER SPRINGS to benefit low and moderate income residents of Seminole County, Florida; and 1 WHEREAS, the COUNTY has deemed that these services serve a COUNTY purpose and desires to engage WINTER SPRINGS to render services necessary to achieve the aforesaid objectives; and WHEREAS, the COUNTY has allocated COBG funds for community development activities provided by WINTER SPRINGS, NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Reci tals. The above recitals are true and form a material part of the Agreement upon which the parties have relied. Section 2. Definitions. (a) "CD Administrator" means the Seminole County Community Development Principal Planner. (b) "CDBG Program" means the Seminole County CDBG Program. (c) "CDBG Regulations" means 24 CFR Part 570 and supplemental, additional or successor provisions. (d) "County Approval" means written approval by the Planning Director, Community Development Principal Planner, or their designee. (e) "Low and Moderate Income" means gross household income not to exceed eighty percent (80%) of the median family income within the Orlando Metropolitan Statistical Area during the Agreement. (f) "Planning Department" means the COUNTY's Planning and Development Department Director or his designee for the Community Development Office. Section 3. Statement of Work. (a) WINTER SPRINGS, in a manner satisfactory to the COUNTY, shall perform all services described or referred to in Exhibit "A," General 2 i\ Scope of Services, attached hereto and incorporated herein by reference. Such serVlces shall be performed, except as otherwise specifically stated herein, by persons or instrumentalities solely under the dominion and control of WINTER SPRINGS. (b) The parties recognize and agree that the purpose of this Agreement is to reimburse the cost of providing professional construction services for engineering and design and construction and installation services for recreational equipment and associated park improvements to benefit low and moderate income residents of WINTER SPRINGS and the Agreement is directly related to the implementation of the CDBG program. Where service expenses are authorized by the COUNTY as set forth in Exhibit "A," those expenses shall be specifically itemized by the hours or dollars expended' or as otherwise required by applicable laws, rules and regulations. All hours charged by staff and direct expenses shall be specifically and directly related to WINTER SPRINGS' implementation of the CDBG activity funded under this Agreement. Section 4. Term. The COUNTY shall reimburse WINTER SPRINGS for the services described in Exhibit "A," performed by WINTER SPRINGS up to the limits set forth in Section 5. All such services shall be performed by WINTER SPRINGS in accordance with applicable requirements of HUD with reimbursement, contingent thereupon. WINTER SPRINGS shall perform all services described in Exhibit "A," on or before December 31, 2002, unless the Agreement is otherwise amended or extended by written agreement of the parties as provided hereunder. The Agreement shall be effective upon execution by both parties. Any requirements set forth in Sections 6, 13, 14, 18 and 22 hereunder shall survive the term of the Agreement as a whole. 3 i" Section 5. Considera tion and Limi ta tion of Cos ts . The COUNTY shall reimburse WINTER SPRINGS for costs, in accordance with the Agreement and 24 CFR Part 570, in an amount not to exceed FOUR HUNDRED EIGHTY-FIVE THOUSAND AND N0!100 DOLLARS ($485,000.00) for the services described in Exhibit "A". Section 6. Payments. (a) Payment to WINTER SPRINGS shall be on a reimbursement basis limited to the items budgeted in the Project Budget, attached hereto and incorporated herein by reference as Exhibit "B". Payment may also be made directly to the vendor, pursuant to the conditions set forth in subsection (b) below. (b) WINTER SPRINGS shall submit to the COUNTY by the fifteenth (15th) day of each month during the term hereof, the following: (1) A statement of all costs of services for the period from commencement through the end of the report period for which the statement is submitted; (2) A statement of all costs of services for the current period, categorized by budget line item and consistent with report Exhibit "B"; (3) An invoice and copies of receipts or other acceptable documentation issued for payment of any expense. (c) Upon receipt of the documentation listed above, the COUNTY shall initiate the payment process. Reimbursement to WINTER SPRINGS shall be made as soon as practicable; provided, however, that if WINTER SPRINGS has performed services in full compliance with all HUD requirements, payment shall be made by the COUNTY to WINTER SPRINGS within thirty (30) days of receipt of documentation by the COUNTY. 4 (d) All disbursements by WINTER SPRINGS must be fully documented to the COUNTY and available, upon request, for all inspection or audit in accordance with the provisions of Section 13 below. (e) Within forty-five (45) days after completion of all services to be performed, WINTER SPRINGS shall render a final and complete statement to the COUNTY of all costs and charges for services not previously invoiced. The COUNTY shall not be responsible for payment of any charges, claims or demands of WINTER SPRINGS not received wi thin said forty-five (45) day period. However, such time may be extended in writing, at COUNTY's discretion, not to exceed a period of an additional forty-five (45) days, provided the delay in submission is not occasioned by any fault or negligence of WINTER SPRINGS, as. determined by the COUNTY. Section 7. Uniform Administrative Requirements. In addition to all other Federal, State and local requirements .for the performance of the Agreement, WINTER SPRINGS shall comply with the requirements set forth in 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," OMB Circular No. A-102, "Grants and Cooperative Agreements with State and Local Governments," and OMB Circular No. A-8?, "Cost Principles for State and Local Governments". Section 8. Compliance with other Program Requirements. (a) During the Agreement, WINTER SPRINGS shall comply with all Federal laws, rules, regulations, directives and orders described in 24 CFR 570 Subpart K and the regulations listed below which by reference are incorporated herein and made a part hereof. (1) 24 CFR Part 1 - The regulations promulgated pursuant to Title VI, 1964 Civil Rights Act, Public Law 88-352. 5 (2) Title VII, 1968 Equal Employment Opportunity discrimination in employment. (3) Title VIII, 1968 Civil Rights Act, Public Law 90-284 - The Fair Housing Act requires HUD to administer the acti vi ties and programs relating to housing and urban development In a manner that affirmatively furthers fair housing. (4) 24 CFR Part 107 - Implementing Executive Order 11063, as amended by Executive Order 12259, which directs HUD to take all action necessary to prevent discrimination because of race, color, religion (creed), sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities when provided in whole, or in part, with Federal assistance. (5) Section 109 of the Act - Requires that no person shall, on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds. Section 109 of the Act further prohibi ts against discrimination on the basis of age under the Age Discrimination Act of 1973, or with respect to an otherwise qualified handicapped person as provided in Section 504, Rehabili ta tion Act of Civil Rights Act as Act of 1972 ("Act") amended by the Prohibits 1973. (6) Section 110, Labor Standards - Required compliance with the Davis-Bacon Act, as amended, pursuant to 29 CFR parts 3.5 and 5a; and the Contract Work Hours and Safety Standards Act, where applicable. (7) Na tional Flood Disaster Act - Governs participation in the National Flood Insurance Program, pursuant to Section 202(a) of said Act. 6 (8) Uniform Relocation Assistance ("URA") and Real Property Acquisition Policies Act of 1970 ("Real Property Act"), HUD implementing regulations at 24 CFR Part 43 and Section 104 of the Act, - Provides for the protection of individual rights when affected, by relocation acquisition and displacement activities. (9) Executive Order 11246, as amended by Executive Order 12086, - Provides that no person should be discriminated against on the basis of race, color, religion, sex or national origin in al phases of employment during the performance of Federally assisted construction contracts. (10) Section 3, Housing and Urban Development Act of 1968 - Requires HUD recipients to provide, to the greatest extent feasible, opportunities for training and employment to very low income persons. (11) Lead-Based Paint Poisoning Prevention Act - Prohibits the use of lead-based paint and provides for the elimination of lead- based paint in all residential structures constructed or rehabilitated with Federal Assistance. (12) 24 CFR part 24 - Provides that assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or WINTER SPRINGS during any period of debarment, suspension, placement in ineligibility status under the provisions of 24 CFR part 24. (13) Conflict of Interest - the provisions of 24 CFR Part 84.42, Provides that compliance with 24 CFR Part 570.611 and OMB Circular A-110 is mandatory. (14) 24 CFR Part 570 Provides for compliance with regulations regarding the CDBG Program. 7 (b) WINTER SPRINGS shall neither assume the COUNTY's environmental responsibilities, as described in 24 CFR Part 570.604, nor the COUNTY's responsibilities for initiating the review process pursuant to the provisions of Executive Order 12372 and 24 CFR Part 52. However, the aforesaid shall neither exempt WINTER SPRINGS from performing site- specific reVlews In accordance to the COUNTY's Environmental Review Monitoring Strategy nor release the WINTER SPRINGS from any environmental pollution that it may cause or have caused and WINTER SPRINGS shall assume full liability therefor. Section 9. Compliance with Local and State Laws. During the Agreement, WINTER SPRINGS shall comply with all applicable State and local laws, regulations and ordinances, which by reference are incorporated herein and made a part hereof, including, but not limited to, the following: (a) Chapter 112, Florida Statutes Governing conflicts of interest. (b) Administrative Procedures - Procedures which may be issued by the Planning Department for implementation of the COUNTY's CDBG Program. (c) WINTER SPRINGS shall comply with the "Local Relocation and Antidisplacement Policy' as adopted by the COUNTY. Should WINTER SPRINGS's performance during this Agreement necessitate, as determined by applicable Federal regulations, compliance with the URA and Real Property Act, WINTER SPRINGS shall immediately notify COUNTY accordingly. Upon such notification COUNTY shall implement and administer all requirements of the URA and Real Property Act pursuant to this Agreement. The parties agree that should the aforementioned occur, COUNTY shall use funds budgeted in Exhibit "B" to pay for relocation and displacement costs required hereunder. 8 Section 10. Prior Written Approvals - Summary. The following includes, but is not necessarily all inclusive of, activities requiring the prior written approval of the COUNTY for reimbursement or payment: (a) Initiation of new activities not covered by the Agreement and changes in the location of, or deletion of, any activity. (b) Purchase of any capital equipment (does not include actual project construction). (c) All change orders to the Agreement. Section 11. Project Publicity. Any news release, proj ect sign, or other type of publicity pertaining to the project, described herein shall recognize the Seminole County Board of County Commissioners as the recipient funded by HUD and providing funds to WINTER SPRINGS. Section 12. Management Assistance. The CDBG Administrator or his designee shall be available to WINTER SPRINGS to provide guidance on CDBG requirements. Section 13. . Maintenance of Records. (a) WINTER SPRINGS shall, at a minimum, maintain all records required by Federal, State and local laws, rules and regulations. (b) WINTER SPRINGS shall maintain all records, including accounts and property and personnel records, as deemed necessary by the COUNTY or considered a sound business practice to ensure proper accounting of all project funds and compliance with the Agreement. (c) WINTER SPRINGS shall maintain financial records required by Federal regulations in addition to financial records relative to the following matters: (1) Items purchased and paid for through standard WINTER SPRINGS procedures: invoices and copies of canceled checks. 9 (2) Agreements: the contract, billings and copies of canceled checks. (3) Force account construction: records indicating name, position, number of hours and total labor costs. (4) Capital expenditures in excess of THREE HUNDRED AND NO/lOa DOLLARS ($300.00): description, model, serial number and date and cost of acquisition. (d) WINTER SPRINGS shall perform or cause to be performed an annual audit of its activities and funds in accordance with OMB Circular A-133 "Audi ts of Sta tes, Local Governments and Non-Profi t OrganizationsN. Copies of all audits relating to the use of CDBG funds shall be provided to COUNTY and the COBG Administrator in a timely manner. (e) All records and contracts, of whatsoever type or nature, required by the Agreement shall be available for audit, inspection and copying in accordance with Chapter 119, Florida Sta tutes. The COUNTY shall have the right to obtain and inspect any audit pertaining to the performance of the Agreement made by any Federal, State or local agency. WINTER SPRINGS shall retain all records and supporting documentation applicable to the Agreement for a minimum of five (5) years after resolution of the final audit and in accordance with Florida law. Section 14. Reporting Requirements. WINTER SPRINGS shall fully complete and provide to the COUNTY and COBG Administrator monthly reports utilizing the "Request for Funds Reimbursement Report," attached hereto and incorporated herein as Exhibit "C". WINTER SPRINGS shall provide the reports as part of the financial reimbursement process no later than the fifteenth (15th) day of each month. WINTER SPRINGS shall fully complete and provide to the COBG Administrator by the fifteenth 10 (15th) day of each month a "Monthly Status Report," attached hereto and incorporated herein as Exhibit "~'. Failure by WINTER SPRINGS to submit a monthly report (Exhibit "~') shall allow the COUNTY to withhold payment on the next Request For Funds Reimbursement Report submitted by WINTER SPRINGS until the required monthly report is submitted as mandated herein. Further, WINTER SPRINGS shall fully complete and provide to the CDBG Administrator, in a timely manner, an "End of Year Report," attached hereto and incorporated herein as Exhibit "E". The COUNTY shall have access to and be provided copies and transcripts of any records necessary in the sole determination of the COUNTY or HUD to accomplish this obligation. Section 15. Non-Expendable Property. Any non-expendable personal property acquired by WINTER SPRINGS to perform the projects herein and approved by the COUNTY as set forth in Section 10 herein, shall be subject to all Federal, State and local regulations, including, but not limited to, the provisions on use and disposition of property. At the termination of this Agreement, any grant-funded non-expendable personal property shall be made available to the COUNTY and HUD in accordance with the aforesaid provisions. Section 16. Liability. Except for reimbursement as specifically set forth herein, the COUNTY shall not be liable to any person, firm, entity or corporation in connection with the services WINTER SPRINGS has agreed to perform hereunder, or for debts or claims accruing to such parties against WINTER SPRINGS. The Agreement shall not create a contractual relationship, either express or implied, between COUNTY and any other person, firm, or corporation supplying any work, labor, services, goods or materials to WINTER SPRINGS as a result of services to COUNTY hereunder. 11 Section 17. Subcontracts. All contracts made by WINTER SPRINGS to perform the activities described in Exhibit "A" shall comply with all applicable laws, rules and regulations set forth in the Agreement. Any addi tional work or services subcontracted hereunder by WINTER SPRINGS shall be specified in writing and subject to the Agreement. Section 18. Indemnification. (a) To the extent permitted by law, WINTER SPRINGS shall defend, hold harmless and indemnify the COUNTY from and against any and all liability, loss, claims, damages, costs, attorney's fees and expenses of whatsoever kind, type, or nature which the COUNTY may sustain, suffer or incur or be required to pay by reason of the loss of any monies paid to WINTER SPRINGS or whomsoever, resulting out of WINTER SPRINGS's fraud, defalcation, dishonesty, or failure of WINTER SPRINGS to comply with applicable laws or regulations; or by reason or as a result of any act or omission of WINTER SPRINGS in the performance of the Agreement or any part thereof; or by reason of a judgment over and above the limits provided by the, insurance required hereunder or by any defect in the construction of the project; or as may otherwise result in any way or instance whatsoever arising from this Agreement. (b) In the event that any action, suit or proceeding is brought against the COUNTY upon any alleged liability arising out of the Agreement, or any other matter relating to this Agreement, the COUNTY shall promptly provide notice in writing thereof to WINTER SPRINGS by registered or certified mail addressed to WINTER SPRINGS at the address provided hereinafter. Upon receiving such notice, WINTER SPRINGS, at its own expense and to the extent permitted by law, shall diligently defend against such action, suitor proceeding and take all action 12 necessary or proper to prevent, to the extent practicable, the obtaining of a judgment against the COUNTY. The COUNTY shall cooperate to a reasonable extent in WINTER SPRINGS's defense of any such action, suit or proceeding. Section 19. Insurance. WINTER SPRINGS shall ensure that its insurance coverage or self-insurance program, or the insurance coverage of its contracted agents is adequate and sufficient for the activities performed pursuant to the Agreement. WINTER SPRINGS shall ensure that the insurance requirements imposed on all contractors conform to and comply with all applicable Federal, State and local regulations. Section 20. Non-Assignability. Neither party shall assign the Agreement without the prior written consent of the other. Section 21. Headings. All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. Section 22. Program Income. (a) In the event that any program income received by WINTER SPRINGS during the Agreement, return such income to the COUNTY. (returned funds) is WINTER SPRINGS shall (b) If any program income (returned funds) 1S received by WINTER SPRINGS after expiration of the Agreement or at the end of the year when all remaining items have been budgeted, the program 1ncome shall be returned to the COUNTY for proper accounting in the CDBG fund. Section 23. Suspension and Termination. In accordance with 24 CFR Parts 84.60 -.62, the COUNTY may immediately suspend or terminate any term or condition hereunder. Notice thereof shall be provided pursuant to the Agreement. The Agreement may also be terminated for convenience in accordance with 24 CFR part 85.44, providing for 13 termination for mutual convenience, or partial termination for specified reasons. The Agreement may also be terminated immediately by the COUNTY for cause. Section 24. Reversion of Assets. Upon expiration of the Agreement, WINTER SPRINGS shall transfer to the COUNTY any remaining CDBG funds and any accounts receivable attributable to the use of CDBG funds. Any real property controlled by WINTER SPRINGS and acquired or improved in whole, or in part, with CDBG funds in excess of TWENTY-FIVE THOUSAND AND NO/lOO DOLLARS ($25,000.00) shall be governed by 24 CFR 84.34(g) . Section 25. Certification Regarding Lobbying. WINTER SPRINGS hereby certifies, by examination of the Agreement, that, to the best of its knowledge and belief: (a) No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or any employee of a member of Congress in connection with this Agreement, WINTER SPRINGS shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in 14 accordance with its instructions. Section 26. Notice. Whenever either party desires to give notice unto the other, notice may be sent to: For COUNTY: CDBG Administrator Community Development Office Seminole County Services Building 1101 East First Street WINTER SPRINGS, Florida 32771 For WINTER SPRINGS: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Either of the parties may change, by written notice as provided herein, the address or person for receipt of notice. Section 27. Conflict of Interest. (a) WINTER SPRINGS agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to the Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) WINTER SPRINGS hereby certifies that no officer, agent or employee of the COUNTY has any material interest (as defined in Section 112.312(15) , Florida Statutes, as over 5%) ei ther directly or indirectly, in the business of WINTER SPRINGS to be conducted here, and that no such person shall have any such interest at any time during the term of the Agreement. (c) Pursuant to Section 216.347, Florida Statutes, WINTER SPRINGS hereby agrees that monies received from the COUNTY pursuant to the Agreement will not be used for the purpose of lobbying the Legislature 15 or any other State or Federal Agency. Section 28. Entire Agreement, Effect on Prior Agreement. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings and agreements, if any, between the parties relating to the subject matter of the Agree- ment. Section 29. Modification. This Agreement may not be modified, amended or extended orally. This Agreement may be amended by written agreement duly executed by the governing bodies of both parties. Section 30. Remedies. Upon determination that a breach has occurred and in addition to the remedies provided by law, the COUNTY may elect any of the following remedies, as applicable and appropriate: (a) Terminate the Agreement and designate the remaining uncommit- ted funds for any other eligible program or activity or to the COUNTY's trust fund without further obligation to WINTER SPRINGS, and require WINTER SPRINGS to repay any monies expended in violation of the Agreement. (b) (c) Require specific performance of the Agreement. Demand payment and/or performance from the surety, if applicable. Section 31. Severability. If anyone or more of the covenants or provisions of the Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants or provisions shall be null and void, shall be deemed separable from the remaining covenants or provisions of the Agreement, and shall, in no way, affect the validity of the remaining covenants or provisions of the Agreement. 16 IN WITNESS WHEREOF, the parties hereto have caused t'h6,\,Agreement f ,'/1 t 1\, to be executed on the date hereinabove first written.,'. " By: , . Date: August 13, 2001 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. DICK VAN DER WEIDE, Chairman Date: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. As authorized for execution by the Board of County Commission ers at their 20 , regular meeting. County Attorney 5 Attachments: 1. Exhibit "Aft - General Scope of Services 2. Exhibi t "Bft - proj ect Budget 3. Exhibit "Cft - Request for Funds Reimbursement Report 4. Exhibit" Oft - Subrecipient Report (Monthly Status Report) 5. Exhibit "Eft - End of Year Report SED/lpk 7/6/01 cdbg-wintersprings-torcaso 17 EXHIBIT A GENERAL SCOPE OF SERVICES WINTER SPRINGS shall provide for professional engineering and design services and construction services and WINTER SPRINGS shall manage the construction and installation of recreational equipment for the expansion and improvement of Torcaso Park identified as "concept f' in the attached map. NOTICE: The acquisition of real property whether it be through purchase, donation or any other method of real property transfer or the granting of rights or privileges may require compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. THEREFORE, WINTER SPRINGS shall not acquire nor negotiate the purchase or donation or receive the benefits of the receipt of rights or privileges by a real property owner of any real property or any interest in real property without first seeking consultation with the COUNTY. FAILURE BY WINTER SPRINGS TO FIRST SEEK CONSULTATION WITH THE COUNTY REGARDING THE AFOREMENTIONED SHALL AUTOMATICALLY TERMINATE THIS AGREEMENT. TASK ONE: DOCUMENTS WINTER SPRINGS shall prepare all documents required for bidding. The document shall be submitted to the COUNTY for review and approval prior to bidding. The COUNTY shall review the documents and incorporate terms and conditions as required by the COUNTY or by Federal requirements. ' TASK TWO: BID ADVERTISEMENT WINTER SPRINGS shall properly advertise bids and provide contractors a specific response period. All procurement of labor, materials and services shall comply, at a minimum, with 24 CFR Part 85 pursuant to the Federal Office of Management and Budget (OMB) Circular A-8?, as revised and amended. TASK THREE: BID RESPONSE REVIEW Following the close of the bidding period, the COUNTY and WINTER SPRINGS shall jointly review the bids received. After review, WINTER SPRINGS shall review contractor qualifications and make appropriate bid and contract award. TASK FOUR: CONTRACTOR SELECTION WINTER SPRINGS shall select the contractor to be awarded the construction work. WINTER SPRINGS shall prepare and negotiate the contract with the contractor and monitor the performance to meet certain requirements, such as, but not limited to, certificates and permits. WINTER SPRINGS shall facilitate, in cooperation with the COUNTY, any requirements necessary for the COUNTY to comply with Federal guidelines. \\PD _ CSB\SYS\pd\teams\CD\PROJECTS\ Winter Springs\exhibit a scope of services torcaso park 2001-2002,doc TASK FIVE: PRE-CONSTRUCTION CONFERENCE WINTER SPRINGS and the COUNTY shall hold a pre-construction conference at WINTER SPRINGS City Hall with the contractor, subcontractors, private utilities representatives, city representatives and other appropriate persons for the purpose of: 1. Identifying the projeCt manager; 2. Identifying the field monitors; 3. Discussing the plans and specifications; 4. Discussing construction procedures and scheduling; 5. Answering any questions prior to construction; and 6. Discussing Federal requirements and regulations (COUNTY staff shall present this information.) TASK SIX: CONSTRUCTION MONITORING WINTER SPRINGS shall provide a project manager to monitor and inspect the construction activities. The project manager shall be responsible for responding to all requests by the COUNTY or contractor. The project manager or his/her designee shall be the liaison to the COUNTY. TASK SEVEN: PROGRESS REPORTS The WINTER SPRINGS project manager or his/her designee shall provide monthly written progress reports to the COUNTY by the fifteenth (15th) day of every month. TASK EIGHT: PROJECT SUMMARY WINTER SPRINGS shall prepare a written summary for the COUNTY, to complete documentation of the project. \\PD _ CSB\SYS\pd\teams\CD\PROJECTS\ Winter Springs\exhibit a seope of services torcaso park 2001-2002.doe ------_.__._-------~--~._._._-------- . -------..---..----.--------.. ---. .-----.----- .-.--...-----...---.--. -----... ..---.-.-. .----.--..--.. ---. . _. .~. Torcaso Park Expansion J\ l~ 1~ I..I! QI!IIII OJ) ~tlt,-"f;~ .p 6ofI\.A.~r"OO\. II1p n..Il tl.~ ~A~ I CaT ~oa. lib o.&e.c.a lo..s.a.t.. bd e.t.l ~ OIM'"OO cp CO>4M:C ~~yn.lON df Cill:NC.1N(. 'o....t.1r-. NORTI-l FLAMINc.O MASTER' PLAN ~Qn~ept f ..-..----'----.---------.--.--.--.-.....--,.-..---- ---"--".--'. 'I M055 \ NORTI-l {) NTS . srI ---.-.---------.-----.-.--.-------..----.-....----.----.....-.-.....-------------.--- 15 Fe!::> 01 EXHIBIT B PROJECT BUDGET CITY OF WINTER SPRINGS, FLORIDA Activity Budget Engineering and Design Costs (see below) and Expansion, Improvement, Construction and Recreational Equipment Installation Costs to Torcaso Park Identified as "concept f' on the attached map. CDBG 2001-2002 $ 485,000 Engineering and design cost reimbursem(~nt shall be paid to WINTER SPRINGS when engineering and design is complete in the following stages: 25%, 50%, 90% and 100%. COUNTY shall not pay WINTER SPRINGS for any re-design or re- engineering costs. \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit b budget tcreasc park 2001-2002.dcc EXHIBIT C SEMINOLE COUNTY REQUEST FOR FUNDS REIMBURSEMENT REPORT (FISCAL YEAR 2001 - 2002) COMMUNITY DEVELOPMENT STAFF USE ONLY (CONTRACT # ACCOUNT NO. PROJECT # Amount ACCOUNT NO. PROJECT # Amount SECTION I - REQUEST FOR FUNDS 1. SUBRECIPIENT NAME: City of Winter Springs, Florida 2. ADDRESS: 3. REQUEST DATE: 4. REQUEST NO.: FINAL REQUEST: YES NO 5. CONTACT PERSON: 6. TELEPHONE NUMBER: COMPLETE SECTION" EXPENSE SUMMARY BEFORE GOING TO ITEMS 7-12. 7. FUNDS ARE HEREBY REQUESTED FOR EXPENDITURTES INCURRED IN THE MONTH(s) OF: 8. TOTAL CASH EXPENDITURES FROM START OF SUBGRANT TO DATE (FROM SECTION II, LINE 4): $ 9. CASH RECEIPTS FROM START OF SUBGRANT TO DATE: $ 10. REIMBURSEMENT FUNDS REQUESTED FOR THIS 11. PERIOD (LINE 8 MINUS LINE 9) SUBMITTED BY: $ 13. TITLE: 12. AUTHORIZED SIGNATURE: (This form is for reproduction or copying by Recipient and should summarize the total payment request for all units assisted.) PAGE 1 OF 3 \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit c request payment torcaso park 2001-2002.doc SECTION II - EXPENSE SUMMARY FISCAL YEAR 2001 - 2002 SUBRECIPIENT NAME: City of Winter Springs, Florida EXPENSE SUMMARY FOR: (Month & Year) DESCRIPTION BUDGET CURRENT EXPENSES EXPENSES AVAILABLE OF REVISED THIS Y-T-D BALANCE ACTIVITY BUDGET MONTH CDBG 2001-2002 $485,000.00 2. TOTAL A. B. C. D. E. $485,000.00 $ $ $ $ 3. ENTER TOTAL CASH EXPENDITURES AMENDMENT JOURNAL REPORTED ON THE PREVIOUS "EXPENSE $ REPORT AND REQUEST FOR FUNDS" (SECTION I, LINE 9) 4. COMPUTE "TOTAL CASH EXPENDITURES FROM START OF SUBGRANT TO DATE" BY $ ADDING 2C AND 3. (ENTER RESULT ON SECTION I, LINE 8) ATTACH A COpy OF ALL SUPPORTING DATA FOR THE PERIOD THIS EXPENSE SUMMARY ADDRESSES Le., LABOR VOUCHERS, RECEIPTS, INVOICES, DAILY ACTIVITY LOGS, ETC.. (This form is for reproduction or copying by Recipient.) \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit c request payment toreaso park 2001-2002.doe SECTION III - STATUS REPORT FY 2001 - 2002 1. SUBRECIPIENT NAME: City of Winter Springs, Florida 2. STATUS REPORT FOR THE MONTH OF: 3. ACTIVITY NAME: 4. ESTIMATED PROJECT/ACTIVITY COMPLETION DATE: 5. PERCENT OF PROJECT/ACTIVITY COMPLETED TO DATE: 6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED THIS MONTH. 7. DESCRIBE PROJECT/ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR SOLUTIONS. 8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT/ACTIVITY THAT THE. COMMUNITY DEVELOPMENT OFFICE COULD PROVIDE ASSISTANCE TO RESOLVE. L:\pd\teams\CD\PROJECTS\Winter Springs\exhibit e request payment torcaso park 2001-2002.doe ., EXHIBIT D SUBRECIPIENT REPORT Status Report for Month of 1. SUBRECIPIENT INFORMATION Subrecipient City of Winter Springs, Florida Mailing Address Contact Person Telephone II. NARRATIVE DESCRIPTION OF ACTIVITY STATUS/MILESTONES: III. BUDGET STATUS TOTAL ESTIMA TED EXPENSES PAID EXPENSES PAID OUTSTANDING BUDGET ACTIVITY BUDGET THIS MONTH TO DATE OBLIGA nONS BALANCE TOTAL Any other special accomplishments: Signed: \\PD_CSB\SYS\pd\teams\CD\PROJECTS\Winter Springs\exhibit d report toreaso park 2001-2002.doe EXHIBIT E NAME OF ORGANIZATION: City of Winter Springs, Florida FISCAL YEAR----2001-2002 END OF YEAR REPORT Type of service provided: Total number of people served: Total number of groups/sessions performed: TOTAL NUMBER OF HOUSEHOLDS/PERSONS DIRECTLY ASSISTED IN COLUMN "A" No. of Low and White not Black not American Hispanic Asian / Female Household/ Moderate Very Hispanic Hispanic Indian / Pacific Headed Persons Income Low Income Origin Origin Alaskan Islander Household Assisted . Native A B C 0 E F G H I Any other special accomplishments: Signed: \\PD_CSB\SYS\pd\leams\CD\PROJECTS\Winter Springs\exhibit e year end report toreaso park 2001-2002.doe