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HomeMy WebLinkAbout2002 12 09 Regular I Local Sales Tax Agreement 120902 Regular I ~ Local Sales Tax Agreement COMMISSION AGENDA ITEM I CONSENT lNFORMA TIONAL PUBLIC HEARING REGULAR X December 9, 2002 Meeting MGR ~ IDEPT Authorization REQUEST: City Manager requesting the City Commission to approve an Interlocal Agreement with Seminole County for the administration of the 1-~ Local Option Sales Tax Revenues and related Letter of Understanding. PURPOSE: This agenda item is needed for the Commission to authorize the City to enter into an Interlocal Agreement with Seminole County that governs the procedures and policies under which the revenues from the tax will be disbursed and for what projects the funds will be utilized. CONSIDERA TIONS: On September 4, 200 I the voters of Seminole County reauthorized the levy of the I ~ Local Option Sales Tax for another 10 years to fund transportation and school improvements. The City had issues with the language in the Standard Interlocal Agreement proposed to the seven cities. All cities but Winter Springs signed the Standard Interlocal Agreement. Since the County did not want to vary the agreement already accepted by the other cities, Seminole County agreed to incorporate into the agreement a Letter of Understanding pertaining to the City's concerns. FUNDING: No additional funding required. RECOMMENDATIONS: It is recommended that the City Commission approve the proposed Interlocal Agreement and incorporated Letter of Understanding for the administration of the 1 ~ Local Option Sales Tax as presented and authorize the City Manager to execute the agreement on behalf of the City Commission. 120902 Regular 1 ~ Local Sales Tax Agreement ATTACHMENTS: a) 1 ~ Local Option Sales Tax Interlocal Agreement. b) Letter of Understanding. COMMISSION ACTION: INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND CITY OF WINTER SPRINGS RELATING TO ADMINISTRATION OF THE CITY'S SHARE OF FUNDS UNDER THE CENT FOR SEMINOLE LOCAL SALES SURTAX FOR THE CITY'S TRANSPORTATION IMPROVEMENT PROJECTS THIS INTERLOCAL AGREEMENT, is made and entered into this _ day of , 2002, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771 (hereafter referred to as the "COUNTY") and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East SR 434, Winter Springs, Florida 32708 (hereafter referred to as "CITY"). WIT N E SSE T H: WHEREAS, in May and June of 2001, the COUNTY entered into an Interlocal Agreement with the Seminole County School Board and the seven (7) municipalities within Seminole County, which Interlocal Agreement is entitled the "Seminole County Transportation and Education Infrastructure Plan Interlocal Agreement" (the "2001 Interlocal Agreement"), and relates to the improvements to be funded with local government infrastructure sales surtax proceeds and the distribution of revenues to fund the improvements, as approved by the voters in a referendum conducted on September 4,2001; and WHEREAS, the CITY is a party to the 2001 Interlocal Agreement, and is bound by the terms of the 2001 Interlocal Agreement and by the applicable provisions of State law; and WHEREAS, the CITY's Transportation Improvement Projects are, pursuant to the 2001 Interlocal Agreement, to be implemented by the CITY, which implementation shall 1 include any and all phases and aspects of the Projects from planning and design through construction and operation; and WHEREAS, the CITY's share of the revenues collected from the local government infrastructure sales surtax constitutes funds of the CITY, pursuant to the 2001 Interlocal Agreement; and WHEREAS, the COUNTY and the CITY desire to cooperate with regard to accomplishing the City Transportation Improvement Projects for the benefit of the citizens of COUNTY and the CITY and require a mechanism to provide funds from the local government infrastructure sales surtax consistent with the terms of the 2001 Interlocal Agreement which are, have been, or will be on deposit with the COUNTY, and which have been or will be incrementally transferred to the CITY so that the CITY can effectively implement the CITY Transportation Improvement Projects; and WHEREAS, the CITY's Transportation Improvement Projects and share of revenues as set forth in the 2001 Interlocal Agreement is attached hereto as Exhibit "A" to this Agreement; and WHEREAS, this Interlocal Agreement serves a public purpose and is authorized pursuant to the provisions of Chapters 125, 163, and 166, Florida Statutes, and other applicable law, NOW, THEREFORE, in consideration of the promises, covenants and commitments contained herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged as to both parties, the parties agree as follows to the funding of CITY Transportation Improvement Projects by 2 the local government infrastructure sales surtax proceeds and the implementation of the Transportation Improvement Projects by the CITY. Section 1. Recitals. The above recitals are true and correct and form a material part of this Interlocal Agreement upon which the parties have relied. Section 2. Term. This Interlocal Agreement shall become effective upon approval by the Governing Bodies of the COUNTY and the CITY, and shall remain in effect through contract close out between the CITY and all of its contractors relative to the CITY Transportation Improvement Projects, or through the conclusion of disbursement and expenditure of the full CITY share of revenues, whichever occurs later. Section 3. Disbursement of Funds by the County. (a) The total financial obligation of the COUNTY under this Interlocal Agreement is that the COUNTY shall reimburse the CITY for legitimate and documented expenses as, expressed in the CITY's contractual agreements with respective road improvement contractors, consultants, materials vendors, or other contractors for the CITY Transportation Improvement Projects consistent with the terms of this Interlocal Agreement, and subject to the availability of funds from the CITY share of revenues. Said funds shall be solely and exclusively derived from the CITY's share of revenues from the infrastructure sales surtax, including interest income applicable to the CITY's share of revenues while on deposit with the COUNTY. These funds shall be utilized, consistent with Section 212.055, Florida Statutes (2001), for the purposes of the CITY Transportation Improvement Projects. The funds shall not be used for collateral programs or projects, and not for programs or projects which may be 3 accomplished simultaneously with, in conjunction with, or as a result of CITY Transportation Improvement Projects. Intersection improvements, however, to roads intersecting the Projects may be accomplished and shall be deemed eligible for funding pursuant to this Interlocal Agreement. Further, this exclusion is intended to disallow expenditures for CITY staff time and labor charges unless such costs are recorded as capitalized costs of the CITY Transportation Improvement Projects to the fixed asset accounts of the CITY as reported in the CITY's annual audited financial statements, and to disallow expenditures which pertain or relate to work not directly related to the CITY Transportation Improvement Projects. In the event that the CITY is entitled to any development commitments for or related to the CITY Transportation Improvement Projects, it shall use such funds for directly related costs for the projects not reimbursed under this Agreement. The CITY may advance fund the CITY Transportation Improvement Projects prior to the availability of funding as set forth in this Interlocal Agreement. In such event, invoices or other appropriate contract documents shall be reviewed and approved by the County Engineering Division to determine whether the reimbursement is consistent with the terms and conditions of this Interlocal Agreement. (b) Upon initial award of the engineering design agreement, award of the construction contract, authorization to initiate acquisition activities, or agreement between the CITY and a contractor for contract amendments to any contract for each of the capital projects as identified in Exhibit "A", the CITY shall be eligible to receive an advance of up to one hundred percent (100%) of the agreement, contract award amount, or acquisition authorization. The eligibility to receive advances shall be subject to the CITY's affirmation that it will record receipts and disbursement of advances in a 4 separate interest bearing account. These advances shall be limited by the availability of funds from the CITY share of revenues. If adequate funds are unavailable, the CITY may either submit for future reimbursements as outlined in Section 5(b) or may request that the advance be incrementally forwarded as funds from the CITY share of revenues become available. (c) Upon demonstration through a comprehensive, phased multi-year schedule that other CITY funding sources will be used throughout the life of the infrastructure sales tax levy to advance the overall program of CITY transportation projects set forth in Exhibit "A", the CITY shall be eligible to request that the advances referenced in Section 3(b) of this Agreement shall be increased to one hundred (100%) per cent of the CITY's share of the infrastructure sales tax revenues for the duration of the term of this Agreement. In making such a request, the CITY shall agree to submission by the CITY's financial officer of quarterly reports to the COUNTY in such format as may reasonably be required by the COUNTY. (d) Should an audit reveal that any funds distributed pursuant to this agreement were expended or applied for purposes or services other than as authorized by the 2001 Interlocal Agreement or this agreement, then the CITY shall promptly, from funds other than those distributed pursuant to this agreement, reimburse the COUNTY the amount the audit determined to be improperly spent or applied. Section 4. Plenary Status of City Transportation Improvement Projects. For all purposes, the CITY Transportation Improvement Projects as described in the attached Exhibit "A" shall be solely and exclusively projects of the CITY. The CITY shall determine the typical sections, design standards, right-of-way limits, and all related and 5 similar matters for the Projects consistent with State law and the terms of this Interlocal Agreement. However, the Projects shall be consistent with the purposes, terms, and conditions set forth in the 2001 Interlocal Agreement. The parties desire to cooperate in the successful implementation of the Projects, but the COUNTY's actions pursuant to this Interlocal Agreement and all other matters that the COUNTY may accomplish relative to the Projects shall be for the COUNTY's purposes, and not the CITY's. The COUNTY shall not be deemed a partner or co-venturer as to the Projects or any portion or part of the Projects. The CITY shall implement the Projects through the use of in- house or contractual services with regard to design, permitting, value engineering, right- of-way acquisition, construction, maintenance of access and traffic, landscaping, and construction engineering and inspection as well as any and all related services and activities in any way associated with the Projects. Section 5. City's Duties. In addition to all other covenants, obligations, duties and responsibilities set forth in this Interlocal Agreement, during the course of this Agreement, the CITY shall: (a) Award, enter, administer and supervise all design, planning, surveying, appraising, environmental auditing and remediation, negotiating, value engineering, right-of-way acquisition, legal activities, condemnation, permitting, construction, landscaping inspection, access and traffic maintenance, and any and all construction and project related contracts necessary in any way to accomplish the ultimate construction of the CITY Transportation Improvement Projects in accordance with the plans and contract documents. 6 (b) Review and approve all payment requests submitted for labor, materials, or services used in the implementation of the CITY Transportation Improvement Projects. Invoices or other appropriate documentation for reimbursement or advances shall be submitted to the COUNTY's Engineering Division, in a format specified by the COUNTY. (c) Obtain any and all necessary lien waivers or releases in connection with payment requests or disbursements. (d) Furnish to the COUNTY a full and final accounting of all costs, disbursements and receipts in accordance with generally accepted accounting and auditing principles. (e) Obtain any and all local, regional, State, and Federal permits necessary for the CITY Transportation Improvement Projects. (f) Obtain "as built" surveys by a Florida licensed land surveyor for the CITY Transportation Improvement Projects. (g) Make any and all timely and proper payments of accurate and payable valid invoices received from any and all contractors or subcontractors. (h) Submit schedules and status reports for the CITY Transportation Improvement Projects two (2) times per year in such formats as may be mutually agreed upon. Section 6. COUNTY's Duties. During the course of this Interlocal Agreement, the COUNTY shall: 7 (a) Review copies of invoices or payment requests and disbursements records delivered by the CITY to the COUNTY, and notify the CITY within fifteen (15) business days of any objections to the requests or disbursements. (b) Subject to the review period, the not-to-exceed amount, and .the terms and conditions set forth in this Agreement, advance funds to the CITY or reimburse the CITY for the actual authorized and payable costs as set forth in the CITY's contractual agreements with respective road improvement contractors, consultants, materials vendors, or other contractors for the CITY Transportation Improvement Projects consistent with the terms of this Interlocal Agreement through construction completion of each of the CITY Transportation Improvement Projects. Payments of invoices, payment requests, and disbursement records not objected to by the COUNTY shall be made within twenty (20) calendar days of receipt by the COUNTY of the invoice from the CITY indicating amounts payable by the CITY to contractors or subcontractors working on the Projects. (c) Cooperate with the CITY in the review of any matters relating to the Projects. (d) Serve as administrator of the 2001 Seminole County Transportation and Education Infrastructure Plan Interlocal Agreement as set forth in that Agreement, including, but not limited to, providing for interpretations, reasonable enforcement and implementation, coordination of overall program reporting, and determinations of fund availability as may be required. Section 7. Remedies. Each party shall have any and all remedies as permitted by law. The parties agree, however, to provide for positive dialogue and 8 communications if disputes or disagreements arise as to the interpretation or implementation of this Interlocal Agreement and agree to comply with the alternative dispute resolution processes set forth in any interlocal agreement relating to said subject. Section 8. Force Majeure. In the event any party hereunder fails to satisfy a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God or force majeure then said party shall not be in default hereunder. Section 9. Binding Effect. This Interlocal Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties. Section 10. Assignment. This Interlocal Agreement shall not be assigned by either party with the prior written approval of the other. Section 11. Public Records. The parties shall allow public access to all documents, papers, letters or other materials which have been made or received by the parties in conjunction with this Interlocal Agreement or the CITY Transportation Improvement Projects. Section 12. Records and Audits. The parties shall maintain any and all records, documents, papers, and other evidence pertaining to the work performed under this Interlocal Agreement. Such records shall be available at reasonable times and places during the term of this Interlocal Agreement and for so long as such records are maintained thereafter. Records shall be maintained in accordance with State law, including but not limited to Chapter 119, Florida Statutes, and generally accepted 9 accounting and auditing principles. Financial statements usable for fiscal year end purposes shall be provided annually to the COUNTY. Section 13. Notices. (a) Whenever either party desires to give notice to the other, notice may be sent to: For the COUNTY: County Manager Seminole County Services Building 1101 East First Street Sanford, Florida 32771 With copies to: Public Works Director Reflections Plaza 520 Lake Mary Boulevard Suite 200 Sanford, Florida 32773 For the CITY: City Manager 1126 East SR 434 Winter Springs, Florida 32708 (b) Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices or receipt of invoices. All notices shall be effective upon receipt. Section 14. Liability. Neither party assumes any responsibility or liability for the acts or omissions of the other party. The parties recognize that the COUNTY assumes no operational level duties or responsibilities with respect to and that the CITY assumes total responsibility for the planning, design, construction, maintenance, use and all other aspects of the CITY Transportation Improvement Projects funded hereunder. The parties do not intend for this agreement or the 2001 Interlocal Agreement to provide benefits to or create any rights in third parties. 10 Section 15. Compliance with Laws and Regulations. In performing under this Interlocal Agreement, the parties shall abide by all laws, statutes, ordinances, rules, and regulations pertaining to, or regulating the performance required by this Agreement. Any violation of such laws, statutes, ordinances, rules, or regulations shall constitute a material breach of this Interlocal Agreement, and shall entitle the non-violating party to terminate this Interlocal Agreement immediately upon delivery of written notice of termination to the violating party, provided that a written notice of violation and a reasonable opportunity to cure has been first given. Section 16. Headings. All sections and description headings in this Interlocal Agreement are inserted for convenience only, and shall not affect the construction or interpretation of this Agreement. Section 17. Entire Agreement. This Interlocal Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and may not be modified or amended except by a written instrument equal in dignity to this Agreement, and executed by the parties to be bound by the amendment to the Agreement. Section 18. Counterparts. This Interlocal Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY OF WINTER SPRINGS ~^ 1 ~ f ~ E~~O ::'CES. City cler~Y:m~ JOHN F. BUSH. MAYOR Date: December 9, 2002 ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. By: DARYL G. MCLAIN, Chairman Date: For the use and reliance of Seminole County only. Ap- proved as to form and legal sufficiency. As authorized for execution by the Board of County Commissioners at its 2002, regular meeting. County/Attorney 1\31\02 Attachment: Exhibit A F:\Ca\Users\CasI01\Agreements\Winter Springs Intertocal (2nd gen sales tax).doc 1? EXHIBIT A Cent For Seminole Local Sales Surtax WINTER SPRINGS Transportation Projects Proposed Scope Preliminary Cost Estimate $1.7 M $.9 M $1.3 M $.2 M $.959 M $.5 M $1.5 M' Town Center Collectors Traffic Si nallnstallations Moss Road SR 419/SR 434 Arterial Li htin New Sidewalks SR 434 Includes Villa e Walk Residential Road Reconstruction & Traffic Calmin Ranchlands Dirt Road Alternative Surface Treatment Fisher Road Winter Sprin s Boulevard Bahama Road Hickory Grove; Spine Road Reconstruction Inte<rsection improvements SR 434; SR 419; Tuskawilla Road Reconstruction; Intersection improvements $1.6 M $1.4 M Improvements Reconstruction; Turn Lanes Improvements $.725 M $1.8 M $.4 M PROJECTS TOTAL $12.984 M City Revenue Share relating to funding Per Section 2(d) and Exhibit D of the 2001 of the above projects. Transportation and Education Infrastructure Plan 2.429702603% Interlocal A reement. Per Section 2(e) of the 2001 Transportation and Education Infrastructure Plan Interlocal Agreement, if any local government successfully appeals the results of the 2000 Census figures as published by the Census Bureau, the distribution shall be recalculated to reflect the adjustments made in the 2000 Census results by the Census Bureau. Any such change shall be effective at the start of the distribution year following the adjustment. In conjunction with County issuance of such recalculation, an u date to this Exhibit shall be entered into the ublic record. This Exhibit For The City Of Winter Springs Valid As Of ,2002. Costs are provided as estimates only. Changes to costs do not require a formal update to this Exhibit to be issued, unless a project or scope revision is also involved. Sem. Co. Review/Approval Initials: DPW CM OR BCC CHAIR Projects may be added or deleted pursuant to the provisions of Section 3 (a) of the 2001 Transportation and Educ~tion Infrastructure Plan Interlocal Agreement. In conjunction with County approval of such project change(s), an update to this Exhibit shall be entered into the public record. Scopes may be expanded, reduced, or otherwise altered pursuant to the provisions of Section 3(b) of the 2001 Transportation and Education Infrastructure Plan Interlocal Agreement. In conjunction with County concurrence in such scope change(s), an update to this Exhibit shall be entered into the public rec9rd. S:\Special Projects\1 Cent Sales Tax-PH 2\Exhibit A - Winter Springs,docl2J11/02 4:05 PM EXHIBIT A Cent For Seminole Local Sales Surtax PROJECTS TOTAL Per Section 2(d) and Exhibit 0 of the 2001 Transportation and Education Infrastructure Plan Interlocal A reement. Per Section 2(e) of the 2001 Transportation and Education Infrastructure Plan Interlocal Agreement, if any local government successfully appeals the results of the 2000 Census figures as published by the Census Bureau, the distribution shall be recalculated to reflect the adjustments made in the 2000 Census results by the Census Bureau. Any such change shall be effective at the start of the distribution year following the adjustment. In conjunction with County issuance of such recalculation. an u date to this Exhibit shall be entered into the ublic record. Transportation Projects Town Center Collectors Traffic Si nal Installations Moss Road SR 419/SR 434 Arterial Li htin New Sidewalks SR 434 Includes Villa e Walk Residential Road Reconstruction & Traffic Calmin Ranchlands Dirt Road Alternative Surface Treatment Fisher Road Winter Sprin s Boulevard Bahama Road , .~ City Revenue Share relating to funding of the above projects. WINTER SPRINGS Proposed Scope Hickory Grove; Spine Road Reconstruction Inte'rsection improvements SR 434; SR 419; Tuskawilla Road Reconstruction; Intersection improvements Improvements Reconstruction; Turn Lanes Improvements Preliminary Cost Estimate $1.7 M $.9 M $1.3 M $.2 M $.959 M $.5 M $1.5 M $1.6 M $1.4 M $.725 M $1.8 M $.4 M $12.984 M 2.429702603% Projects may be added or deleted pursuant to the provisions of Section 3 (a) of the 2001 . Transportation and Educ~tion Infrastructure Plan Interlocal Agreement. In conjunction with County approval of such project change(s). an update to this Exhibit shall be entered into the public record. -iI '. f Scopes may be expanded, reduced, or otherwise altered pursuant to the provisions of Section 3(b) of the 2001 Transportation and Education Infrastructure Plan Interlocal Agreement. In conjunction with County concurrence in such scope change(s), an update to this Exhibit shall be entered into the public record. Costs are provided as estimates only. Changes to costs do not require a formal update to this Exhibit to be issued, unless a project or scope revision is also involved. Sem. Co. Review/Approval Initials: DPW CM OR BCC CHAIR This Exhibit For The City Of Winter Springs Valid As Of ,2002. S:\Special Projects\1 Cent Sales Tax-PH 2\Exhibit A - Winter Springs,doc/2111/02 4:05 PM Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-26-02 12:02PM; Page 3/4 {9' - 1 /'f:/ /: .' :/-<. ... 1", ~ ,. I" , l~, i,~y' ,- " j''J" '.1 .' .....#' BROWN, WARD, SALZMAN & WEISS, P.A. Attorneys at Law Usher L. arown · Suzanne O'Agrestan Anthony A" Garganese" Gary 5. SalZman" John H. Ward · Jeffrey S, WeJliS Offices in Orlando, Kissimmee, ('..ocoa & Vicr~ oebru S. Babb Jeffrey P. Buak Jonn U. Biedenharn. Jr, Joseph e. Blitch Scott D, Danahy Jennifer A. Michael Todd K. Norman Mlohelle A. Reddin Vincenl E. Scarlrrtos "Board Certified CIVil Trial L.awyer aBoard Cenlne<l Business Ullgation lawyer oBoard Certlrled Cily, Counly & Local Government Law Erin J, O'Leary Of Couns81 November 7,2002 Sent Via Facsimile & U.S. Mail ~7 -665.5749 r-.,) <;;::> <'0 ~ X o -< I co ~ '9 .- U) ~ ~ ~:.r~ ~n, ~;. ~.1 ~r9T. ~~'::l en ~ :Il ~ Mr. Stephen Lee Deputy County Attorney SeminQle County 1101 East First Street Sanford, FL 32771 Re: Letter of Understanding Intertocal Agreement - One Cent Local Sales Surtax Our Client: City of Winter Springs Our File No.: 1193 Dear Stephen: The City of Winter Springs would like to execute the Interlocal Agreement originally provided by Seminole County regarding the expenditure of the one cent local sales surtax (qAgreement"). Before doing so, the City is requesting a Letter of Understanding from the County on several key issues of Interpretation of the Agreement. 1. Sectior:1 3 provides that "The funds shall not be used for collateral programs or projects, and not for programs or projects which may be accomplished simultaneously with, in conjunction with, or as a result of City Transportation Improvement Projects". It is unclear what the Phrase ~collateral programs or projects" means. The City desires a mutual understanding from the County that this sentence shall not be interpreted to prohibit the City from using the funds to 225 East RObinson street. Suite 660. P,O. Bol( 2873. Orlando, Florida 32802-2673 Orfando (407) 425-9566 Fax (407) 425-9596 . Klsslmmee (321) 402.0144 . Cocoa & Viera (866) 425-9566 Websi18: WY/W.orlandolaW.net . EmBiI: firm@orlandoIBW.net Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Nov-26-02 12:02PM; Page 4/4 .' '....' .......... Mr. Stephen Lee Deputy County Attorney November 7,2002 Page 2 construct any transportation improvement project identified on Exhibit ~A"of the Agreement, as amended from time to time by the parties. 2. Section 4 provides that liThe City shall determine the typical sections, design standards, right-of-way limits, and all related and similar matters for the Projects consistent with State Law and the terms of this lnterlocal Agreement". The City desires a mutual understanding from the County that this sentence shall not be interpreted to mean that the City must design local roads to FDOT Standards, 3.' It'le City and the CO,unty mutually ~grae that ,Section 5(i) ,shall mean 'that -the City will submit schedules and status reports for the City Transportation Improvement Projects to the County Manager or his designee. 4. The City and the County mutually agree that the term "objections" contained in Section 6(a) shall mean those requests or disbursements that are inconsistent with the provisions of the Agreement and all exhibits and attachments thereto. If the County agrees with the City's understanding of the aforementioned provisions of the Agreement, please have the County Manager or his authorized designee execute this Letter of Understanding on the signature line below. Upon execution, please return this letter to me and the City will forward to you two executed originals of the Interlocal Agreement for the County's execution, one original can be returned to me at that time. Thank you in advance for your prompt attention to this matter, ~rs, , Anthony A. Garganese City Attorney 'nole County agrees to the aforesaid: . ~ - Pri Name: 3'. t<SZViI'} (1~lcc. . e; t.:..'h/ll.r'('" J\..'\A.,,,,\ ~ r;:.'~ AAGfjd cc: Ronald McLemore, City Manager (via facsimile) F:IDDaICIl1 orWlnlcr Sprlngs\C'_rIll\COrl'aJ'Onden~\(:"'U1t)'Atl)'I...,~ LOU _Llrll 07lnoJd INTERLOCAL AGREEMENT , BETWEEN SEMINOLE COUNTY AND CITY OF WINTER SPRINGS RELATING TO ADMINISTRATION OF THE CITY'S SHARE OF FUNDS UNDER THE CENT FOR SEMINOLE LOCAL SALES SURTAX FOR THE CITY'S TRANSPORTATION IMPROVEMENT,PROJECTS THIS INTERLOCAL AGREEMENT, is made and entered into this /.J-. day of -----. ~j" , 2002, by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771 (hereafter referred to as the "COUNTY") and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East SR 434, Winter Springs, Florida 32708 (hereafter referred to as "CITY"). WIT N E SSE T H: WHEREAS, in May and June of 2001, the COUNTY entered into an Interlocal Agreement with the Seminole County School Board and the seven (7) municipalities within Seminole County, which Interlocal Agreement is entitled the "Seminole County Transportation and Education Infrastructure Plan Interlocal Agreement" (the "2001 Interlocal Agreement"), and relates to the improvements to be funded with local government infrastructure sales surtax proceeds and the distribution of revenues to fund , . the improvements, as approved by the voters in a referendum conducted on September 4,2001; and WHEREAS, the CITY is a party to the 2001 Interlocal Agreement, and is bound by the terms of the 2001 Interlocal Agreement and by the applicable provisions of State law; and , WHEREAS, the CITY's Transportation Improvement Projects are, pursuant to the 2001 Interlocal Agreement, to be implemented by the CITY, which implementation shall 1 BY include any and all phases and aspects of the Projects .from planning and design through construction and operation; and WHEREAS, the CITY's share of the revenues collected from the local government infrastructure sales surtax constitutes funds of the CITY, pursuant to the 2001 Interlocal Agreement; and WHEREAS, the COUNTY and the CITY desire to cooperate with regard to accomplishing the City Transportation Improvement Projects for the benefit of the citizens of COUNTY and the CITY and require a mechanism to provide funds from the local government infrastructure sales surtax consistent with the terms of the 2001 Interlocal Agreement which are, have been, or will be on deposit with the COUNTY, and which have been or will be incrementally transferred to the CITY so that the CITY can effectively implement the CITY Transportation Improvement Projects; and WHEREAS, the CITY's Transportation Improvement Projects and share of revenues as set forth in the 2001 Interlocal Agreement is attached hereto as Exhibit "A" to this Agreement; and WHEREAS, this Interlocal Agreement serves a public purpose and is authorized pursuant to the provisions of Chapters 125, 163, and 166, Florida Statutes, and other applicable law, NOW, THEREFORE, in consideration of the promises, 'covenants and commitments contained herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged as to both parties, the parties agree as follows to the funding of CITY Transportation Improvement Projects by 2 the local government infrastructure sales surtax proceeds anp the implementation ~f the Transportation Improvement Projects by the CITY. Section 1. Recitals. The above recitals are true and correct and form a material part of this Interlocal Agreement upon which the parties have relied. Section 2. Term. This Interlocal Agreement shall become effective upon approval by the Governing Bodies of the COUNTY and the CITY, and shall remain in effect through contract close out between the CITY and all of its contractors relative to the CITY Transportation Improvement Projects, or through the conclusion of disbursement and expenditure of the full CITY share of revenues, whichever occurs later. Section 3. Disbursement of Funds by the County. (a) The total financial obligation of the COUNTY under this Interlocal Agreement is that the COUNTY shall reimburse the CITY for legitimate and documented expenses as expressed in the CITY's contractual agreements with respective road improvement contractors, consultants, materials vendors, or other contractors for the CITY Transportation Improvement Projects consistent with the terms of this Interlocal Agreement, and subject to the availability of funds from the CITY share of revenues. Said funds shall be solely and exclusively derived from the CITY's share of revenues from the infrastructure sales surtax, including interest income applicable to the CITY's share of revenues while on deposit with the COUNTY. These funds,shall be utilized, consistent with Section 212.055, Florida Statutes (2001), for the purposes of the CITY Transportation Improvement Projects. The funds shall not be used for collateral programs or projects, and not for programs or projects which may be 3 accomplished simultaneously with, in conjunction with, ,or as a result of CITY Transportation Improvement Projects. Intersection improvements, however, to roads intersecting the Projects may be accomplished and shall be deemed eligible for funding pursuant to this Interlocal Agreement. Further, this exclusion is intended to disallow expenditures for CITY staff time and labor charges unless such costs are recorded as capitalized costs of the CITY Transportation Improvement Projects to the fixed asset accounts of the CITY as reported in the CITY's annual audited financial statements, and to disallow expenditures which pertain or relate to work not directly related to the CITY Transportation Improvement Projects. In the event that the CITY is entitled to any development commitments for or related to the CITY Transportation Improvement Projects, it shall use such funds for directly related costs for the projects not reimbursed under this Agreement. The CITY may advance fund the CITY Transportation Improvement Projects prior to the availability of funding as set forth in this Interlocal Agreement. In such event, invoices or other appropriate contract documents shall be reviewed and approved by the County Engineering Division to determine whether the reimbursement is consistent with the terms and conditions of this Interlocal Agreement. (b) Upon initial award of the engineering design agreement, award of the construction contract, authorization to initiate acquisition activities, or agreement between the CITY and a contractor for contract amendments to any contract for each of the capital projects as identified in Exhibit "A", the CITY shall be eligible to receive an advance of up to one hundred percent (100%) of the agreement, contract award amount, or acquisition authorization. The eligibility to receive advances shall be subject to the CITY's affirmation that it will record receipts and disbursement of advances in a 4 separate interest bearing account. These advances shall be limited by the availability of funds from the CITY share of revenues. If adequate funds are unavailable, the CITY may either submit for future reimbursements as outlined in Section 5(b) or may request that the advance be incrementally forwarded as funds from the CITY share of revenues become available. (c) Upon demonstration through a comprehensive, phased multi-year schedule that other CITY funding sources will be used throughout the life of the infrastructure sales tax levy to advance the overall program of CITY transportation projects set forth in Exhibit "A", the CITY shall be eligible to request that the advances referenced in Section 3(b) of this Agreement shall be increased to one hundred (100%) per cent of the CITY's share of the infrastructure sales tax revenues for the duration of the term of this Agreement. In making such a request, the CITY shall agree to submission by the CITY's financial officer of quarterly report's to the COUNTY in such format as may reasonably be required by the COUNTY. (d) Should an audit reveal that any funds distributed pursuant to this agreement were expended or applied for purposes or services other than as authorized by the 2001 Interlocal Agreement or this agreement, then the CITY shall promptly, from funds other than those distributed pursuant to this agreement, reimburse the COUNTY the amount the audit determined to be improperly spent or applied. Section 4. Plenary Status of City Transportation Improvement Projects. For all purposes, the CITY Transportation Improvement Projects as described in the attached Exhibit "A" shall be solely and exclusively projects of the CITY. The CITY shall determine the typical sections, design standards, right-of-way limits, and all related and 5 similar matters for the Projects consistent with State law anc~ the terms of this Int~rlocal Agreement. However, the Projects shall be consistent with the purposes, terms, and conditions set forth in the 2001 Interlocal Agreement. The parties desire to cooperate in the successful implementation of the Projects, but the COUNTY's actions pursuant to this Interlocal Agreement and all other matters that the COUNTY may accomplish relative to the Projects shall be for the COUNTY's purposes, and not the CITY's. The COUNTY shall not be deemed a partner or co-venturer as to the Projects or any portion or part of the Projects. The CITY shall implement the Projects through the use of in- house or contractual services with regard to design, permitting, value engineering, right- of-way acquisition, construction, maintenance of access and traffic, landscaping, and construction engineering and inspection as well as any and all related services and activities in any way associated with the Projects. Section 5. City's Duties. In addition to all other covenants, obligations, duties and responsibilities set forth in this Interlocal Agreement, during the course of this Agre~ment, the CITY shall: (a) Award, enter, administer and supervise all design, planning, surveying, appraising, environmental auditing and remediation, negotiating, value engineering, right-of-way acquisition, legal activities, condemnation, permitting, construction, landscaping inspection, access and traffic maintenance, and any and all construction and project related contracts necessary in any way to accomplish the ultimate construction of the CITY Transportation Improvement Projects in accordance with the plans and contract documents. 6 (b) Review ~.nd approve all payment requests suqmitted for labor, mat~rials, or services used in the implementation of the CITY Transportation Improvement Projects. Invoices or other appropriate documentation for reimbursement or advances shall be submitted to the COUNTY's Engineering Division, in a format specified by the COUNTY. (c) Obtain any and all necessary lien waivers or releases in connection with payment requests or disbursements. (d) Furnish to the COUNTY a full and final accounting of all costs, disbursements and receipts in accordance with generally accepted accounting and auditing principles. (e) Obtain any and all local, regional, State, and Federal permits necessary for the CITY Transportation Improvement Projects. (f) Obtain "as built" surveys by a Florida licensed land surveyor for the CITY Transportation Improvement Projects. (g) Make any and all timely and proper payments of accurate and payable valid invoices received from any and all contractors or subcontractors. (h) Submit schedules and status reports for the CITY Transportation Improvement Projects two (2) times per year in such formats as may be mutually agreed upon. Section 6. COUNTY's Duties. During the course of this Interlocal Agreement, the COUNTY shall: 7 (a) Review copies of invoices or payment requests and disburse~ents records delivered by the CITY to the COUNTY, and notify the CITY within fifteen (15) business days of any objections to the requests or disbursements. (b) Subject to the review period, the not-to-exceed amount, and the terms and conditions set forth in this Agreement, advance funds to the CITY or reimburse the CITY for the actual authorized and payable costs as set forth in the CITY's contractual agreements with respective road improvement contractors, consultants, materials vendors, or other contractors for the CITY Transportation Improvement Projects consistent with the terms of this Interlocal Agreement through construction completion of each of the CITY Transportation Improvement Projects. Payments of invoices, payment requests, and disbursement records not objected to by the COUNTY shall be made within twenty (20) calendar days of receipt by the COUNTY of the invoice from the CITY indicating amounts payable by the CITY to contractors or subcontractors working on the Projects. (c) Cooperate with the CITY in the review of any matters relating to the Projects. (d) Serve as administrator of the 2001 Seminole County Transportation and Education Infrastructure Plan Interlocal Agreement as set forth in that Agreement, including, but not limited to, providing for interpretations, reasonable enforcement and implementation, coordination of overall program reporting, and determinations of fund availability as may be required. Section 7. Remedies. Each party shall have 2:lY and all remedies as permitted by law. The parties ag r:>r::> , however, to provide for positive dialogue and 8 communications if disputes or disagreements arise as to the interpretation or implementation of this Interlocal Agreement and agree to comply with the alternative dispute resolution processes set forth in any interlocal agreement relating to said subject. Section 8. Force Majeure. In the event any party hereunder fails to satisfy a requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God or force majeure then said party shall not be in default hereunder. Section 9. Binding Effect. This Interlocal Agreement shall be binding upon and inure to the benefit of the parties hereto and the successors in interest, transferees and assigns of the parties. Section 10. Assignment. This Interlocal Agreement shall not be assigned by either party with the prior written approval of the other. Section 11. Public Records. The parties shall allow public access to all documents, papers, letters or other materials which have been made or received by the parties in conjunction with this Interlocal Agreement or the CITY Transportation Improvement Projects. Section 12. Records and Audits. The parties shall maintain any and all records, documents, papers, and other evidence pertaining to the work performed under this Interlocal Agreement. Such records shall be available at reasonable times and places during the term of this Interlocal Agreement and for so long as such records are maintained thereafter. Records shall be maintained in accordance with State law, including but not limited to Chapter 119, Florida Statutes, and generally accepted 9 accounting and auditing principles. Financial statements .usable for fiscal year end purposes shall be provided annually to the COUNTY. Section 13. Notices. (a) Whenever either party desires to give notice to the other, notice may be sent to: For the COUNTY: County Manager Seminole County Services Building 1101 East First Street Sanford, Florida 32771 With copies to: Public Works Director Reflections Plaza 520 Lake Mary Boulevard Su ite 200 Sanford, Florida 32773 For the CITY: City Manager 1126 East SR 434 Winter Springs, Florida 32708 (b) Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices or receipt of invoices. All notices shall be effective upon receipt. Section 14. Liability. Neither party assumes any responsibility or liability for the acts or omissions of the other party. The parties recognize that the COUNTY assumes no operational level duties or responsibilities with respect to and that the CITY assumes total responsibility for the planning, design, construction, maintenance, use and all other aspects of the CITY Transportation Improvement Projects funded hereunder. The parties do not intend for this agreement or the 2001 Interlocal Agreement to provide benefits to or create any rights in third parties. \ 10 Section 15. Compliance with Laws and Regulat~ons. In performing ,under this Interlocal Agreement, the parties shall abide by all laws, statutes, ordinances, rules, and regulations pertaining to, or regulating the performance required by this Agreement. Any violation of such laws, statutes, ordinances, rules, or regulations shall constitute a material breach of this Interlocal Agreement, and shall entitle the non-violating party to terminate this Interlocal Agreement immediately upon delivery of written notice of termination to the violating party, provided that a written notice of violation and a reasonable opportunity to cure has been first given. Section 16. Headings. All sections and description headings in this Interlocal Agreement are inserted for convenience only, and shall not affect the construction or interpretation of this Agreement. Section 17. Entire Agreement. This Interlocal Agreement constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and may not be modified or amended except by a written instrument equal in dignity to this Agreement, and executed by the parties to be bound by. the amendment to the Agreement. Section 18. Counterparts. This Interlocal Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. 11 , .' IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: CITY OF WINTER SPRiNGS ~ ' ' , ~. ( I i^ j: ../ <--.P Jl-LJ ..~ By: . f: ~ ANDREAjBHENZO LUACES, City Clerk ~c..'{ JOHN F. Date: December 9, 2002 BUSH, MAYOR ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA /' ~~~~ ~~ANNE MORSE o{(k to the Board of . County Commissioners of . Seminole County, Florida. B~Y DARYL G. MCLAIN, Chairman Date: /-/.3 ~tJ 3 ~ For the use and reliance of Seminole County only. Ap- proved as to form and legal ~ CountyAttorney As authorized for execution by the Board of County Commissioners at its / f)... ~. 2002, regular meeting. 1\31\02 Attachment: Exhibit A F:\Ca\Users\CasI01\Agreements\Winter Springs Interlocal (2nd gen sales tax),doc 12.. EXHIBIT A Cent For Seminole Local Sales Surtax WINTER SPRINGS Transportation Projects' Proposed Scope Preliminary Cost Estimate Town Center Collectors Hickory Grove; Spine Road $1.7 M Traffic Signal Installations $.9 M Moss Road Reconstruction $1.3 M SR 419/SR 434 Intersection improvements $.2 M Arterial Lighting SR 434; SR 419; Tuskawilla Road $.959 M New Sidewalks $.5 M SR 434 Reconstruction; Intersection improvements $1.5 M (Includes Village Walk) Residential Road Reconstruction $1.6 M & Traffic CalminCl Ranchlands Dirt Road Alternative $1.4 M Surface Treatment Fisher Road Improvements $.725 M Wi nter Springs Boulevard Reconstruction; Turn Lanes $1.8 M Bahama Road Improvements $.4 M ~'::;~~~j x~ib-t;t~;~?;j1~~~;;f:l~1~~;:.: ~S~~~~::~~;~~,.~~:: .':i~~'4~; ~.:1:f?I,~~1~~5 PROJECTS TOTAL $12.984 M* City Revenue Share relating to funding Per Section 2(d) and Distribution Year 1 2.429702603% of the above projects. Exhibit D of the 2001 Beginning Distribution 2.367834687% Transportation and Year 2 Education Infrastructure Plan Interlocal Aweement. Per Section 2(e) of the 2001 Transportation and Education Infrastructure Plan Interlocal Agreement, if any local government successfully appeals the results of the 2000 Census figures as published by the Census Bureau, the distribution shall be recalculated to reflect the adjustments made in the 2000 Census results by the Census Bureau. Any such change shall be effective at the start of the distribution year following the adjustment. In conjunction with County issuance of such recalculation, an update to this Exhibit shall be entered into the public record. *Projects Total reflected is slightlv higher than updated revenue share projection of $12. 683M. ,~;i~~.'~Aif~.r..i{~~~~,~~',t '.:~~: --; ',",. "-~' " , - ::', :~-1j> ,~-::"::'_,:.::~'~";. .~.':~ ._. ; {~.; ~~,'~~~Tt.~"~:' ~: I.: ~, ~ .~, ,_:~~~~.'~_; :::~~~' '::..,..;:'_~~':._" ...f~:~.,{~.r.. .': '..~~.~:~;i1~,~tJ~~(~:~:~;'i~~.~J;1,~.~t~l4~~::~~?~t~~?~:. .' - .:;~ ,-' : ;'..; ~ . . ,-t~-!l ,~. Projects may be added or deleted pursuant Scopes may be expanded, reduced, or otherwise altered Costs are to the provisions of Section 3 (a) of the pursuant to the provisions of Section 3(b) of the 2001 provided as 2001 Transportation and Education Transportation and Education Infrastructure Plan estimates only. Infrastructure Plan Interlocal Agreement. In Interlocal Agreement. In conjunction with County Changes to costs conjunction with County approval of such concurrence in such scope change(s), an update to this do not require a project change(s), an update to this Exhibit Exhibit shall be entered into the public record. formal update to shall be entered into the public record. this Exhibit to be .. issued, unless a project or scope revision is also involved, ,1 Sem. Co. Review/Approval This Exhibit For The' City Of Winter Springs Valid As Of Li t:huI UA-t' I, 2003. Initials: L I :::/- DPW ~ , CM OR BeC CHAI S:\1 Cent Sales Tax - 2nd Generation\Cities & School Board\City of Winter Springs\Exhibit A-Winter Springs-Rev1.doc 12/201023:56 PM