HomeMy WebLinkAbout2000 02 14 Regular B Infrastructure Improvements in Moss Cove Project
Date: 02142000
This Item was not discussed on 2/14/00. It will
be discussed at the 2/21/00 Special Meeting.
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COMMISSION AGENDA
ITEM B
Consent
Informational
Pu blie Hearing
Regular X
February 14. 2000
Meeting
/) /'
J~ ~
Mgr. / pt.
Authorization
REQUEST: .
The Community Development Department requests the City Commission consider approving an
Interlocal Agreement between the City and Seminole County providing for reimbursement of up
to $83,200 in Community Development Block Grant (CDBG) funds to be spent for infrastructure
improvements in the Moss Cove Project.
PURPOSE:
The purpose of this agenda item is to seek Commission approval of an Interlocal Agreement
with Seminole County that will reimburse the City for costs of administrative services related to
engineering and design of street lights, repaving and sidewalks and associated infrastructure
improvements to benefit low and moderate income residents in the Moss Cove Rehabilitation
Project under the County's Community Development Block Grant (CDBG) program.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 420.9072(1)(a) F.S. which states in part: "In addition to the legislative findings
set forth in 420.6015 F.S., the Legislature finds that affordable housing -is most effectively
provided by combining available public and private resources to conserve and improve existing
housing and provide new housing for very-low income persons, low-income persons, and
moderate income persons. The Legislature intends to encourage partnerships in order to secure
the benefits of cooperation by the public and private sectors and to reduce the cost of housing for
the target group by effectively combining all available resources and cost-'saving measures, The
Legislature further intends that local governments achieve this combination of resources by
CDD/February 2, 2000/2:09 PM
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FEBRUARY 14, 2000
REGULAR AGENDA ITEM B
Page 2
encouraging active partnerships between government, lenders, developers, and community
groups to produce affordable housing and pride related services. '
CONSIDERATIONS:
. The City has identified a need for revitalizing certain targeted areas within the City limits.
The acquisition, rehabilitation, and conversion of apartments to condominiums will upgrade
the appearance and value of the neighborhood and also provide housing for low income
buyers.
. The total number of units to be rehabilitated is 188.
. The City has fonned a public-private partnership with Wyman Fields Foundation, and the
Seminole County S.H.I.P. Program.
. Wyman Fields Foundation has extensive experience in these matters. A proposal to the City
for rehabilitating the apartment complex in and around Lori Ann Lane was approved
February 22, 1999.
. On April 26, 1999 the Commission received an update on the Moss Road Redevelopment
Project from Wyman Fields Foundation.
. Under the lnterlocal Agreement, the County will reimburse Winter Springs for costs not to
exceed $83,200 for services related to infrastructural improvements to Rhoden Lane
FINDINGS:
. The County has made application effective October 1, 1999 and entered into a contract with
the United States Department of Housing and Urban Development (BUD) pursuant to Title
1, Housing and Community Development Act of 1974, as amended.
. Pursuant to the HUD application, the County shall undertake certain activities to develop a
viable community, including improved quality of life for persons of low and moderate
Income.
. Winter Springs has entered into a public/private partnership with Wyman Fields to acquire
and rehabilitate the apartments in the Moss Road area of the City.
. The City is obligated under this Interlocal Agreement to provide professional construction
administrative services to ensure the proper installation of streetlights, repaving and
sidewalks on Rhoden Lane.
CDDlFebruary 2, 200012:09 PM
FEBRUARY 14,2000
REGULAR AGENDA ITEM B
Page 3
RECOMMENDATION:
It is recommended that the Commission approve the Seminole County/City of Winter Springs
lnterlocal Agreement for the use and benefit of a Community Development Block Grant, not to
exceed $83,200.
ATTACHMENTS:
A. Seminole County/City of Winter Springs Interlocal Agreement
B. Letter to Buddy Balagia, Seminole County
COMMISSION ACTION:
CDDlFcbrual)' 8, 2000/1: 10 PM
,
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ATTACHMENT A
SEMINOLE COUNTY/CITY OF WINTER SPRINGS
INTERLOCAL AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROGRAM YEAR 1999-2000
THIS AGREEMENT, entered into this
day of
1999, 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, 1999,
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 Regulations
(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 administration services for infrastructure 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) "CDBG 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 or cause to be performed all services described or referred to
2
in
Exhibit
"A, It
General
Scope
of
Services,
attached hereto and
shall be performed,
incorporated herein by reference.
except as otherwise specifically
instrumentalities solely under the
SPRINGS.
(b) The parties recognize and agree that the purpose of this
Agreement is to reimburse the cost of providing professional
construction administration services for engineering and design of
street lights, repaving and sidewalks and associated infrastructure
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 "B," those expenses shall be specifically
i temi zed 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
Such services
stated herein, by persons or
dominion and control of WINTER
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 June 30, 2001, 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.
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Section 5.
Consideration and Limitation of Costs.
The COUNTY
shall reimburse WINTER SPRINGS for costs, in accordance with the
Agreement and 24 CFR Part 570, in an amount not to exceed E~GHTY THREE
THOUSAND TWO HUNDRED AND NO/lOO DOLLARS ($83,200.00) 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
categorized by budget line item and consistent with
report period,
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 forty-five (45) days of receipt of documentation by the COUNTY.
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(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 to 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 ninety (90)
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.
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2. Title ViI, 1968
Equal Employment Opportuni ty
discrimination in employment.
3. Ti tle 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
wi th 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, Rehabi1i 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 Sa;
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.
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8. Uniform Relocation Assistance and ,Real Property
Acquisition Policies Act of 1970, HUD implementing regulations at 24 CFR
Part 43 and Section 104 of the Act, - Provides for the pr<;>tection 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
regulations regarding the CDBG Program.
Provides for compliance with
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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 proc~ss 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 CDBG Program.
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
8
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 Administ~ator 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.
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. Capi tal 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 each regular
WINTER SPRINGS audit. Copies of all audits relating to the use of CDBG
9
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 CDBG Administrator by the fifteenth
(15th) day of each month a "Monthly Status Report," attached hereto and
incorporated herein as Exhibit "~. 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
10
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.
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
11
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
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-Assignabili ty. Nei ther party shall assign the
Agreement without the prior written consent of the other.
Section 21. Headings. All articles and descriptive headings of
paragraphs ln this Agreement are inserted for convenience only and shall
not affect the construction or interpretation hereof.
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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.
(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
convenience ln accordance with 24 CFR part 85.44, providing for
(returned funds) is
WINTER SP,RINGS shall
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
13
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 pny 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'
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.
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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 performapce 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% ) either 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
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:
15
(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, i'lnd require
WINTER SPRINGS to repay any monies expended in violation of the
Agreement.
(b) Require specific performance of the Agreement.
( c)
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.
IN WITNESS WHEREOF, the parties hereto have caused the Agreement
to be executed on the date hereinabove first written.
ATTEST:
CITY OF WINTER SPRINGS, FLORIDA
By:
PAUL P. PARTYKE, Mayor
ANDREA LORENZO-LUACES
City Clerk
Date:
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ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
CARLTON HENLEY, 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
19 , regular meeting.
County Attorney
5 Attachments:
1. Exhibit "A" - General Scope of Services
2. Exhibit "B" - Project Budget
3. Exhibit "C" - Request for Funds Reimbursement Report
4. Exhibit "0" - Subrecipient Report (Monthly Status Report)
5. Exhibit "E" - End of Year Report
SED/lpk
11/4/99
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17
EXHIBIT "A"
GENERAL SCOPE OF SERVICES
,
CITY shall provide for professional construction administration services to ensure the proper
installation of streetlights, re-paving and sidewalks on Rhoden Lane in Winter Springs, Florida.
TASK ONE:
DOCUMENTS
CITY 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
CITY shall properly advertise bids and provide contractors a specific response period. All
procurement of labor, materials and services shall comply, at a minimum, with Federal Office of
Management and Budget (OMB) Circular A-110, as revised and amended.
TASK THREE:
BID RESPONSE REVIEW
Following the close of the bidding period, the COUNTY and CITY shall jointly review the bids and
contractor qualifications and the CITY shall make the appropriate bid and contract award.
TASK FOUR:
CONTRACTOR SELECTION
CITY shall select the contractor to be awarded the construction work. CITY 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. CITY shall facilitate, in
cooperation with the COUNTY, any requirements necessary for the COUNTY to comply with
Federal guidelines.
TASK FIVE:
PRE-CONSTRUCTION CONFERENCE
CITY and COUNTY shall hold a joint pre-construction conference with the contractor 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.)
\\DP\VOL2\CP\CD\NEw\PROJECTS\WSPRINGS\EXHBT A.DOC
EXHIBIT "A" (Continued)
GENERAL SCOPE OF SERVICES
TASK SIX: CONSTRUCTION MONITORING
CITY shall provide a project manager to monitor and inspect the construction activities. The
project manager shall be responsible for responding to all reasonable requests by the COUNTY
or contractor. The project manager or his/her designee shall provide liaison and progress reports
to the COUNTY.
TASK SEVEN:
PROGRESS REPORTS
CITY'S project manager or designee shall provide monthly written progress reports to the
COUNTY by the fifteenth (15th) day of every month.
TASK EIGHT:
PROJECT SUMMARY
CITY shall prepare a written summary for the COUNTY, to complete documentation of the
project.
\\DP\VOL2\CP\CD\NEW\PROJECTS\WSPRINGS\EXHBT A.DOC
EXHIBIT B
Project Budget
City of Winter Springs
Activity Bud~et
Engineering & Design and
Construction Services for the
Installation of Street lights,
Road Re-paving and
Installation of Sidewalks on
Rhoden Lane in Winter
Springs, Florida
COSG 1999-2000 $83,200
s:\cp\cd\new\projects\wff\exhbts. doc
EXHIBIT C
SEMINOLE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR FUNDS REIMBURSEMENT REPORT
(FISCAL YEAR 1999-2000)
COMMUNITY DEVELOPMENT STAFF USE ONLY
ACCOUNT NO.
FINANCE
DIRECTOR
SECTION I - REQUEST FOR FUNDS
1. SUBRECIPIENT NAME:
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
PERIOD (LINE 8 MINUS LINE 9) $
11. SUBMITIED BY: 13. TITLE:
12. AUTHORIZED SIGNATURE:
(This form is tor reproduction or copying by Recipient.)
s:\cp\cd\new\projects\wff\exhbts .doc
SECTION II - EXPENSE SUMMARY FISCAL YEAR 1999 - 2000
SUBRECIPIENT NAME:
EXPENSE SUMMARY FOR:
(Month & Year)
DISCRIPTION BUDGET CURRENT EXPENSES EXPENSES AVAILABLE
OF REVISED THIS Y.T.D BALANCE
ACTIVITY BUDGET MONTH
1.
2. TOTAL A. B. C. D. E.
$ $ $ $ $ $
3. ENTER TOTAL CASH EXPENDITURES ADMENDMENTJOURNAL
REPORTED ON THE PREVIOUS "EXPENSE $
REPORT AND REQUEST FOR FUNDS"
(SECTION I, LINE 8)
4. COMPUTE "TOTAL CASH EXPENDITURES
FROM START OF SUBGRANT TO DATE" BY $
ADDING 2C AND 3. (ENTER RESULT ON
LINE 8 SECTION I)
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.)
s:\cp\cd\new\projects\wft\exhbts.doc
SECTION 11I- STATUS REPORT FY 1999-2000
1. SUBRECIPIENT NAME:
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.
s:\cp\cd\new\projects\wff\exhbts.doc
EXHIBIT D
SUBRECIPIENT REPORT
Status Report for Month of
1. SUBRECIPIENT INFORMATION
Subrecipient
'-.
Contact Person
Mailing Address
Telephone
II. NARRATIVE DESCRIPTION OF ACTIVITY STATUS/MILESTONES:
I,
III. BUDGET STATUS
EXPENSES TOTAL AMOUNT REQUESTED
ESTIMA TED PAID EXPENSES PAID OUTSTANDING FROM COUNTY
ACTIVITY BUDGET THIS MONTH TO DATE OBLlGA TIONS TO DATE
TOTAL
IV. NEW CONTRACTS EXECUTED THIS MONTH
(also subcontracts - new or not previously reported) Racial/ I. While
1. mack
Ethnic 3. American Indianl
At..kan Native
NAME OF CONTRACTOR OR AMOUNT OF CONTRACTOR (OR SUB) Code 4.lli,plnic CONTRACTOR (OR SUB)
5.AsilnIPlCific
SUBCONTRACTOR CONTRACT 1.0. NUMBER Isllnde, ADDRESS
.. ......
, .
'-.
V. FOR PROJECTS WHICH SERVE A PARTICULAR CLIENTELE:
Number of Percent ofTolal Number of Households!Persons Assisled (column C) who are:
Households! Low and While llIack American Asian or Female
PROJECT Persons Moderale Low Not Hispanic Nol Hispanic Indian or Hispanic Pacific lIeaded
Assisled 10 Dale Income Income Origin Origin Alaskan Nalive Islander Household
b c d e f g h I j k
I,
VI. PROBLEM AREAS
Submitted by:
Date:
"
P .\CP\CI l\fORMS\S un RPT. DOC
EXHIBIT E
NAME OF ORGANIZATION:
FISCAL YEAR 1999-2000
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 Low White not Black not American Hispanic Asian I Female
Household! Moderate Income Hispanic Hispanic Indian I Pacific Headed
Persons Income Origin Origin Alaskan Islander Household
Assisted Native
A B C 0 E F G H I
Any other special accomplishments:
Signed:
5 :\cp\cd\new\projects\wff\exhbts .doc
,
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ATT ACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708,2799
Telephone (407) 327-1800
,
'..
March 24, 1999
Buddy Balagia
Community Development Department
Seminole County
1101 E. First St.
Sanford, FL 32771-1468
RE: CDBG Grant for Moss Cove
Dear Mr. Balagia:
The City of Winter Springs has entered into a contractual arrangement with Wyman
Fields Foundation and America's Affordable Housing to acquire and rehabilitate 64
rental apartment units near Moss Road and State Road 434. CDBG will be used for
acquisition and streetscape improvements. The program anticipates that the rehabilitated
units will be converted to a condominium fonn of ownership and sold to lower income
households at affordable prices, The City of Winter Springs supports this project and
has pledged $848,456 towards it completion. The neighborhood is deteriorating and we
believe the renovation would lead to reduced crime in the area while offering support to
low income families. I would at this time like to encourage support from Seminole
County for this plan.
If you have questions or need additional data please call me at 327-5957 or Community
Development Director Charles Carrington at 327-5970.
Sincerely,
tf~~::~7
CCC/dg
cc: Candace Birle