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HomeMy WebLinkAbout2022 04 11 Consent 300 - Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act (ARPA) Funding • CONSENT AGENDA ITEM 300 n, CITY COMMISSION AGENDA I APRIL 11, 2022 REGULAR MEETING 1959 TITLE Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding SUMMARY Section 163.01, Florida Statutes, as may be amended, authorizes public agencies to enter into agreements with other public agencies in order to serve a public purpose. On March 11, 2021, President Biden signed the American Rescue Plan Act ("ARPA") into law. Treasury guidance authorizes local governments to transfer Fiscal Recovery Funds, under ARPA, to other local government to allow the flexibility needed to achieve the greatest impact on implementation. It is in the best interest of the residents of Seminole County to have a single county-wide program, rather than multiple programs of similar type varying by City. The current program is outlined in Exhibit A , and is for the cost of a county-wide broadband study to evaluate the feasibility of broadband networking county wide. Beginning at the end of the first quarter in calendar year 2022, the County will provide the City Manager with quarterly reports to advise on the status of the project and to provide the public with transparency. RECOMMENDATION City staff recommends the City Commission enter into and execute the attached interlocal agreement; authorize the City Manager and City Attorney to execute any and all documents to enter into this agreement. 1 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS FOR AMERICAN RESCUE PLAN ACT FUNDING THIS INTERLOCAL AGREEMENT is dated as of the day of 20 , by and between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 E. 1 st Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY," and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY." WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, as may be amended, authorizes public agencies to enter into agreements with other public agencies in order to serve a public purpose; and WHEREAS, Congress passed the American Rescue Plan Act ("ARPA") and President Biden signed the ARPA into law on March 11, 2021; and WHEREAS,the ARPA,in part, amends Title VI of the Social Security Act by establishing the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, together the Fiscal Recovery Funds; and WHEREAS, the Fiscal Recovery Funds provide three hundred fifty($350)billion dollars in emergency funding for eligible state, local, territorial, and Tribal governments; and WHEREAS, the COUNTY's total allocation is in the amount of $91,646,669.00, with COUNTY only having received its' initial 50% allocation in the amount of$45,823,334.50; and Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 1 of 11 2 WHEREAS, ARPA, Treasury guidance, and/or the Interim Final Rule to the ARPA authorizes local governments to transfer Fiscal Recovery Funds to other local governments in order to allow the flexibility needed to achieve the greatest impact in implementing programs; and WHEREAS, CITY agrees that the transfer of certain Fiscal Recovery Funds to the COUNTY for COUNTY's implementation of the broadband program county-wide, as specified in this Agreement, will best serve the residents of Seminole County in recovering from the public health and economic impacts of the COVID-19 pandemic; and NOW, THEREFORE, for and in consideration of the promises, mutual covenants and agreements contained in this Agreement by and between the Parties and for the mutual benefit of the Parties, the Parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and form a material part of the Agreement upon which the Parties have relied. Section 2. Definitions. (a) "ARPA"means the American Rescue Plan Act of 2021; P.L. 117-2. (b) "Cause" includes, but is not limited to, misuse of funds, fraud, lack of compliance with applicable rules,laws,regulations, and guidance,failure to perform on time,failure to comply with the express terms of this Agreement, or refusal to permit public access to any public record, defined by and subject to disclosure under Chapter 119, Florida, as amended. (c) "Fund"means the Fiscal Recovery Funds under ARPA. (d) "Party" means COUNTY or CITY; "Parties" mean COUNTY and CITY. (e) "Treasury" means the United States Department of Treasury. Section 3. Term. The effective date of this Agreement is the date the County executes this Agreement, and expires on December 31, 2024 ("Term"), unless terminated earlier in accordance with this Agreement. Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 2 of 11 3 Section 4. American Rescue Plan Act Funding. (a) COUNTY will implement certain broadband programs,in its sole discretion,within Seminole County to address the public health and economic impacts caused by the COVID-19 pandemic. As the program specified in this Agreement is also for the benefit of the residents of CITY, it is agreed to by the Parties to be in the best interest of the residents of Seminole County to have a single county-wide broadband program, rather than multiple programs of similar type. The implementation by COUNTY of a single county-wide broadband program will serve the public purpose in providing immediate economic stabilization and will address the systemic public health challenges. As such,upon an invoice to CITY,no more frequently than monthly, CITY will provide COUNTY Funds for the program, as specified in and in accordance with Exhibit A, Scope of Work, attached to and incorporated in this Agreement. No other Funds will be provided to the COUNTY by the CITY under this Agreement except as explicitly stated in Exhibit A unless the CITY agrees to provide such additional Funds in writing. For the avoidance of doubt, COUNTY may establish and implement the broadband program specified in Exhibit A with or without input from CITY, in COUNTY's sole discretion. The COUNTY shall only expend the Funds provided by the CITY for the broadband study stated in Exhibit A. At the end of the Term, COUNTY will return to CITY any unused Funds provided by CITY under this Agreement. (b) The COUNTY's performance under this Agreement is contingent upon an appropriation by the Federal Government, and is subject to any modification, including the cancellation of the program and services specified in this Agreement, in COUNTY's sole discretion. Section 5. Indemnification. (a) Each Party is solely responsible to third parties with whom they may contract in carrying out the terms of this Agreement and will hold each other harmless against all claims of Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 3 of 11 4 whatsoever kind or nature by such third parties arising out of the performance of work under any such contract with a third party. This provision is not to be construed as a waiver by any Party of its sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes, as may be amended. Furthermore, no part or provision within this Agreement may be interpreted as requiring one Party to indemnify or insure the other Party for the other Party's negligence or to assume any liability for the other Party's negligence in contravention of Section 768.28(19), Florida Statutes. (b) The Parties further agree that nothing contained in this Agreement may be construed or interpreted as denying to any Party any remedy or defense available to such Parties under the laws of the State of Florida. Section 6. Default. If any of the following Events of Default occur, the Parties have the option to exercise any of its remedies set forth in Section 7, Remedies. Events of Default, including: (a) If any warranty or representation made by CITY or COUNTY in this Agreement related to ARPA is or becomes false or misleading in any respect, or if CITY or COUNTY fail to keep or perform any of the obligations, terms or covenants in this Agreement and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; or (b) If CITY or COUNTY has failed to perform and complete on time any of its obligations under this Agreement. Section 7. Remedies. If an Event of Default occurs, then the non-defaulting Party may, after thirty (30) days written notice to the defaulting Party and upon defaulting Party's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement in accordance with Section 10, Notice; Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 4 of 11 5 (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend the contribution or allocation of all or any part of the Funds; (d) The non-defaulting Party may require corrective or remedial actions, which may include, but may not be limited to: (1) requesting additional information from the defaulting Party to determine the reasons for or the extent of non-compliance or lack of performance, (2) the issuance a written warning to advise that more serious measures may be taken if the situation is not corrected, (4) requiring the defaulting Party to reimburse the non-defaulting Party for the amount of costs incurred, or (e) The non-defaulting Party may exercise any other rights or remedies which may be available under law or in equity. If non-defaulting Party waives any right or remedy in this Agreement or fails to insist on strict performance of defaulting Party, it will not affect, extend or waive any other right or remedy of the non-defaulting Party,or affect the later exercise of the same right or remedy by non-defaulting Party for any other default by defaulting Party. Section 8. Termination. (a) The COUNTY or CITY may terminate this Agreement in the Event of a Default pursuant to Section 7(a), Remedies. (b) The COUNTY may terminate this Agreement immediately for convenience when it detennines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of Funds,by providing CITY with written notice. Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 5 of 11 6 (c) The Parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. Section 9. Employee Status. Persons employed by CITY or COUNTY in the performance of this Agreement are deemed not to be the employees or agents of the other Party, nor do these employees have any claims to pensions, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to their respective officers and employees either by operation of law or by CITY or COUNTY, as applicable. Section 10. Notice. Any notice delivered with respect to this Agreement must be in writing and will be deemed to be delivered (whether or not actually received) when (i) hand- delivered to the persons designated below, or(ii) five (5)business days after deposit in the United States Mail,postage prepaid, certified mail,return-receipt requested, addressed to the person at the address for the Parry as set forth below, or such other address or to such other person as the Party may have specified by written notice to the other Party delivered according to this Section: As to COUNTY: Attention: Resource Management Director/CFO Seminole County Resource Management Office 1101 E. 1st Street Sanford, Florida 32771-1468 With a COPY to: Attention: Tricia Johnson, Deputy County Manager Seminole County, County Manager's Office 1101 E. 1st Street Sanford, Florida 32771-1468 As to CITY: Attention: City Manager City of Winter Springs 1126 E. State Road 434 Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 6 of 11 7 Winter Springs, Florida 32708 Section 11. Parties Bound. This Agreement is binding upon and inures to the benefit of the Parties, and their successors and assigns. Section 12. Conflict of Interest. (a) The Parties shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the other Party or that would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes, as may be amended, relating to ethics in government. (b) Each Party hereby certifies that no officer, agent, or employee of that Party has any material interest (as defined in § 112.312(15), Florida Statutes), as may be amended, as over 5% ownership either directly or indirectly, in the business of the other Party to be conducted here, and that no such person will have any such interest at any time during the Term. (c) Each Party has the continuing duty to report to the other Party any information that indicates a possible violation of this Section. Section 13. Dispute Resolution. (a) In the event of a dispute related to performance under this Agreement, the Parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing legal remedies. (b) In the event that COUNTY administrative dispute resolution procedures are exhausted, a Party to this Agreement may notify the other Party in writing that it wishes to commence formal dispute resolution with respect to any unresolved problem under this Agreement. The Parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation,the dispute may be filed as a civil action in the Circuit Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 7 of 11 8 Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which is the sole venue for any such civil action. The Parties further agree that any such action will be tried before the Court, and the Parties hereby waive the right to jury trial as to such action. Section 14. Reports. (a) Beginning at the end of the first quarter in calendar year 2022, COUNTY will provide the City Manager with quarterly reports, by completing Exhibit B — ARPA Quarterly Progress Report Template, attached to and incorporated in this Agreement. COUNTY reserves the right to revise Exhibit B in order for COUNTY to provide the public with transparency and to comply with requirements set forth by Treasury, while still providing CITY the information needed for CITY's reporting requirements. (b) COUNTY will provide CITY quarterly reports within ten(10)business days of the end of each calendar quarter and will be submitted prior to the end of each calendar quarter until the termination, expiration, or the completion of the program or services under this Agreement, whichever comes first. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. Section 15. Equal Opportunity Employment. The Parties shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, sexual orientation,gender identity or national origin. The Parties shall take steps to ensure that applicants are employed, and employees are treated equally during employment,without regard to race, color,religion, sex, age, disability, sexual orientation, gender identity or national origin. Equal treatment includes, but is not limited to, the following: employment; upgrading, demotion or transfer;recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 8 of 11 9 Section 16. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be, if in state court, in a court of competent jurisdiction located in Seminole County, Florida, or, if in federal court, the Florida Middle District, Orlando Division. Section 17. Compliance with Laws and Regulations. The Parties must abide by all statutes, ordinances, rules, regulations, and executive orders pertaining to or regulating the provision of this Agreement,including,but not limited to,ARPA,regulations adopted by Treasury, guidance adopted by Treasury pertaining to ARPA, and 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards," as any one of the foregoing may be amended. Section 18. Entire Agreement. (a) It is understood and agreed that the entire agreement of the Parties is contained in this Agreement, which supersedes all oral agreements, negotiations, and previous agreements between the Parties relating to the subject matter of this Agreement. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the Parties, except as otherwise specifically provided in this Agreement. Section 19. Assignment. This Agreement may not be assigned by either Party without the prior written approval of the other Party. Section 20. Severability. If any provision of this Agreement or the application of this Agreement to any person or circumstance is held invalid, it is the intent of the Parties that the invalidity will not affect other provisions or applications of this Agreement that can be given effect Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 9 of 11 10 without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Section 21. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. Section 22. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. IN WITNESS WHEREOF, the Parties have made and executed this Agreement for the purposes stated above. ATTEST: CITY OF WINTER SPRINGS By: CHRISTIAN GOWAN, City Clerk KEVIN MCCANN,Mayor Approved as to form and Date: legal sufficiency. ANTHONY A. GARGANESE City Attorney [Signatures and attestations continue on the following page.] Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 10 of 1 1 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY,FLORIDA By: GRANT MALOY BOB DALLARI, Chairman Clerk to the Board of County Commissioners of Seminole County,Florida. Date: For the use and reliance As authorized for execution by the Board of of Seminole County only. County Commissioners at its 20 , regular meeting. Approved as to form and legal sufficiency. County Attorney 13P/ 3/24/22 T:AUsers\bpatcl\Special ProjcctsVArnuican Rcscuc PlanAMunicipalitiesVABPA-Interlocal between Seminole County and City of Winter Springs v3.docx Attachments: Exhibit A— Scope of Work- Exhibit orkExhibit B—ARPA Quarterly Progress Report Template Interlocal Agreement between Seminole County and the City of Winter Springs for American Rescue Plan Act Funding Page 11 of 11 12 EXHIBIT A SCOPE OF WORK Seminole County and the City of Winter Springs Consolidated Assistance Program for the American Rescue Plan Act ARPAPROGRAM CITY FIRST SECOND PARTICIPATION TRANCHE TRANCHE JURISDICTION d by City to PAYMENT PAYMENT ONLY COUNTYWIDE Seminole County N/A N/A N/A Countywide Sheriff's Office Countywide Mental N/A N/A N/A Countywide Health Partnerships Non-Profit Grants N/A N/A N/A Countywide Individual Assistance N/A N/A N/A City Jurisdiction Grants' Only Seminole State N/A N/A N/A Countywide College Workforce Training Homelessness N/A N/A N/A Countywide Diversion/Rescue Outreach Mission Broadband Studs Up to $15,800 N/A $15,800 Countywide TOTAL: $15,800 1 N/A 1 $15,800 1 County will invoice cities on a monthly basis.Amount will include a 10%administrative fee 2 A portion of the funds allocated towards Homelessness Diversion will support the$3,025,000 apportionment for Rescue Outreach Mission s Not to exceed reflected amount. Cities will be invoiced once final costs are determined as part of the broadband study 13 Exhibit B ARPA-Quarterly Progress Report SIMNOLE COUNTY FLORIDA'S NATURAL CHOICE Project Title: Date Contact Name: Reporting Period: Telephone: Project Objective: Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. Plans for Next Quarter: Authorized Agent Signature: **Quarterly progress reports must be completed each quarter or future funding will be withheld** 14