HomeMy WebLinkAbout2002 08 12 Consent E Seminole County/City of Winter Springs Interlocal Agreement Community Development Grant Program
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COMMISSION AGENDA
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Meeting
CONSENT X
INFORMA TKONAL
PUBLIC HEARING
REGULAR
ITEM E
MGR. \W\,
Authorization
IDEPT cQ
REQUEST: The Parks and Recreation Department is requesting the City Commission to authorize
the Mayor to execute the Seminole County/City of Winter Springs Interlocal
Agreement Community Development Block Grant Program. Program Year 2002-
003.
PURPOSE: The purpose of this item is to obtain Commission approval to execute the agreement
necessary for Sunshine Park Improvements and the reimbursement of$ 129,000 from
Seminole County.
CONSIDERA TIONS:
· On February 25, 2002, the City Commission approved the application of a CDBG Grant for
Sunshine Park Improvements.
· County staffhas recommended the allocation offunds for FY 2002/2003 to the Sunshine Park
Improvements in the amount of$ 129,000.00, which include ADA automatic doors and ADA
signage on the Senior and Civic Center. Demolition of the existing exterior restroom/storage
building, paving for 9 new parking spaces, construction of a new restroom/storage building and
landscaping behind the Senior Center.
· The Seminole County Commission has approved the allocation of funds for FY 2002/2003 to
the Sunshine Park Expansion/Improvements in the amount of$ 129,000.00.
· Winter Springs staff will coordinate the project with Seminole County and the Architect,
Engineering and contractor.
FUNDING:
Budgeted FY 2002-2003, $ 129,000 Sunshine Park Improvements to be reimbursed by Seminole
County.
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RECOMMENDATION:
Staff is recommending approval to authorize the Mayor to execute the Seminole County/City of
Winter Springs Inter-local Agreement, Community Development Block Grant Program, Program
Year 2002-2003.
IMPLEMENTA TION SCHEDULE:
August
September
October
November
December
January
June
2002
2002
2002
2002
2002
2003
2003
ATTACHMENTS:
Attachment # 1
Execution of Agreement.
Bid Professional Engineering and Design.
Award Professional Engineering, Design.
Bid Construction.
Award Construction
Construction begins
Project completed.
Seminole County/City of Winter Springs, Inter-local Agreement, Community
Development Block Grant Program, Program Year 2002-2003.
COlVIl\iISSION ACTION:
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ATTACHMENT 1t 1
SEMINOLE COUNTY/CITY OF WINTER SPRINGS
INTERLOCAL AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROGRAM YEAR 2002-2003
THIS AGREEMENT, entered into this
day of
2002, by and between SEMINOLE COUNTY, a political subdivision of the
State of Florida, whose address is 1101 East First Street, Sanford,
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 32708-2799, hereinafter referred to as "WINTER
SPRINGsn.
WHEREAS, COUNTY has made application effective October 1, 2002,
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 ce:J:"tain 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; and
WHEREAS ,
WINTER
SPRINGS
shall
provide
for
professional
construction services for ADA Improvements to the Senior Citizen Center
and Civic Center and building improvements to the Senior Citizen Center
on Edgemon Avenue within WINTER SPRINGS to benefit low and moderate
income residents of Seminole County, Florida; and
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WHEREAS, the COUNTY has deemed that these services serve a COUNTY
purpose; 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) "CR Manager" means the Community Resources Division
Manager or their designee.
(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 and
Development Director, Community Resources Division Manager, or their
designee.
(e) "Planning Department" means the COUNTY's Planning and
Development Department Director or his designee.
(f) "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.
Section 3. Statement of Work.
(a) WINTER SPRINGS, in a manner satisfactory to the COUNTY, shall
perform all services described or referred to in Exhibit "A," General
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Scope of Services, attached hereto and incorporated herein by reference.
Such services shall be performed, except as otherwise specifically
stated herein, by persons or instrumentalities solely under the dominion
and control of WINTER SPRINGS.
(b) The parties recognize and agree that the purpose of this
Agreement is to reimburse the cost of provid~ng ADA Improvements to the
Senior Citizen Center and Civic Center and building improvements to the
Senior Center located on Edgemon Avenue in Winter Springs and the
Agreement is directly related to the implementation of the CDBG program.
Section 4. Term. The COUNTY shall reimburse WINTER SPRINGS for
the services described in Exhibit "A," performed by WINTER SPRINGS up to
the limits set forth in Section 5. All such services shall be performed
by WINTER SPRINGS in accordance with applicable requirements of BUD with
reimbursement contingent thereupon. WINTER SPRINGS shall perform all
services described in Exhibit" A," on or before December 31, 2003,
unless the Agreement is otherwise amended or extended by written
agreement of the parties as provided hereunder. The Agreement shall be
effective upon execution by both parties. Any requirements set forth in
Sections 6, 13, 14, 18, 22 and 23 hereunder shall survive the term of
the Agreement as a whole.
Section 5. Consideration and Limitation of Costs. The. COUNTY
shall reimburse WINTER SPRINGS for costs, in accordance with this
Agreement and 24 CFR Part 570, in an amount not to exceed ONE HUNDRED
TWENTY-NINE THOUSAND AND NO/100 DOLLARS ($129,000.00) for the services
described in Exhibit "A".
Section 6. Payments.
(a) Payment to WINTER SPRINGS shall be on a reimbursement basis
limited to the items budgeted in the Project Budget, attached hereto and
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incorporated herein by reference as Exhibit "B". Payment may also be
made directly to the vendor, pursuant to the condi tions 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)
report period,
Exhibit liB";
(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 HOD
requirements, payment shall be made by the COUNTY to WINTER SPRINGS
within thirty (30) days of receipt of documentation by the COUNTY.
(d) All disbursements by WINTER SPRINGS must be fully documented
to the COUNTY and available, upon request, for all inspection or audit
in accordance with the provisions of Section 13 below.
(e) Within forty-five (45) days after completion of all services
to be performed, WINTER SPRINGS shall render a final and complete
statement to the COUNTY of all costs and charges for services not
previously invoiced. The COUNTY shall not be responsible for payment of
any charges, claims or demands of WINTER SPRINGS not recei ved within
said forty-five (45) day period. However, such time may be extended in
A statement of all costs of services for the current
categorized by budget line item and consistent with
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writing, at COUNTY's discretion, not to exceed a period of an additional
forty-five (45) days, provided the delay in submission is not occasioned
by any fault or negligence of WINTER SPRINGS, as determined by the
COUNTY.
Section 7. Uniform Administrative Requirements. In addition to
all other Federal, State and local requirements for the performance of
the Agreement, WINTER SPRINGS shall comply with the requirements of 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 and Indian Tribal Governments;" and 24 CFR Part 85
"Uniform Administrative Requirements for Grants and Cooperative
Agreements to 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.
(2) Title VII, 1968 Civil Rights Act as amended by the
Equal Employment Opportunity Act of 1972 ("Act") Prohibits
discrimination in employment.
(3) Title VIII, 1968 Civil Rights Act, Public Law 90-284 -
The Fair Housing Act requires HUD to administer the activities and
programs relating to housing and urban development in a manner that
affirmatively furthers fair housing.
(4) 24 CFR Part 107 - Implementing Executive Order 11063,
as amended by Executive Order 12259, which directs HUD to take all
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action necessary to prevent discrimination because of race, color,
religion (creed), sex, or national origin in the sale, lease, rental, or
other disposition of residential property and related facilities when
provided in whole, or in part, with Federal assistance.
(5) Section 109 of the Act - Requires that no person shall,
on the ground of race, color, national origin or sex be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part
with community development funds. Section 109 of the Act further
prohibi ts against discrimination on the basis of age under the Age
Discrimination Act of 1973, or with respect to an otherwise qualified
handicapped person as provided in Section 504, Rehabilitation Act of
1973.
(6) Section 110, Labor Standards - Required compliance with
the Davis-Bacon Act, as amended, pursuant to 29 CFR parts 3.5 and 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.
(8) Uniform Relocation Assistance ("URAn) and Real Property
Acquisition Policies Act of 1970 ("Real Property ActR) , BUD implementing
regulations at 24 CFR Part 43 and Section 104 of the Act, - Provides for
the protection of individual rights when affected, by relocation
acquisition and displacement activities.
(9) Executi ve 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
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employment during the perfonnance of Federally assisted construction
contracts.
(10) Section 3, Housing and Urban Development Act of 1968 -
Requires BUD 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 debannent, suspension, placement in ineligibility status
under the provisions of 24 CFR part 24.
(13) Conflict of Interest -
the provisions of 24 CFR Part 84.42,
Provides that compliance with
24 CFR Part 570.611 and OMB
Circular A-110 is mandatory.
(14) 24 CFR Part 570 Provides for compliance with
regulations regarding the CDBG Program.
(b) WINTER SPRINGS shall neither assume the COUNTY's
environmental responsibilities, as described in 24 CFR Part 570.604, nor
the COUNTY's responsibilities for initiating the review process pursuant
to the provisions of Executive Order 12372 and 24 CFR Part 52. However,
the aforesaid shall neither exempt WINTER SPRINGS from performing site-
specific reviews in accordance to the COUNTY I 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.
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Section 9. Compliance with Local and State Laws. During the
Agreement, WINTER SPRINGS shall comply with all applicable State and
local laws, regulations and ordinances, which by reference are
incorporated herein and made a part hereof, including, but not limited
to, the following:
(a) Chapter 112, Florida Statutes
Governing conflicts of
interest.
(b) Administrative Procedures - Procedures which may be issued by
the Planning Department for implementation of the COUNTY's CDBG Program.
(c) WINTER SPRINGS shall comply with the "Local Relocation and
Antidisplacement Policy" as adopted by the COUNTY. Should WINTER
SPRINGS's performance during this Agreement necessitate, as determined
by applicable Federal regulations, compliance with the URA and Real
Property Act, WINTER SPRINGS shall immediately notify COUNTY
accordingly. Upon such notification COUNTY shall implement and
administer all requirements of the URA and Real Property Act pursuant to
this Agreement. The parties agree that should the aforementioned occur,
COUNTY shall use funds budgeted in Exhibit "B" to pay for relocation and
displacement costs required hereunder.
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.
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Section 11. Project Publicity. Any news release, project sign,
or other type of publicity pertaining to the project, described herein
shall recognize the Seminole County Board of County Commissioners as the
recipient funded by HOD and providing funds to WINTER SPRINGS.
Section 12. Management Assistance. The CR Manager 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 cons truction: records indicating name,
position, number of hours and total labor costs.
(4) Capi tal expendi tures in excess of THREE HUNDRED AND
NO/IOO DOLLARS ($300.00): description, model, serial number and date and
cost of acquisition.
(d) WINTER SPRINGS shall perform or cause to be performed an
annual audit of its activities and funds in accordance with OMB Circular
A-133 "Audits of States, Local Governments and Non-Profit Organizations.
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Copies of all audits relating to the use of CDBG funds shall be
provided to the CR Manager 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 CR Manager, 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 (lSili) day of each month. WINTER SPRINGS shall fully complete
and provide to the CR Manager by the fifteenth (15th) day of each month
a "Monthly Status Report," attached hereto and incorporated herein as
Exhibit "D". Failure by WINTER SPRINGS. to submit a monthly report
(Exhibit "D") shall allow the COUNTY to withhold payment on the next
Request For Funds Reimbursement Report submitted by WINTER SPRINGS until
the required monthly report is submitted as mandated herein. Further,
WINTER SPRINGS shall fully complete and provide to the CR Manager, 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.
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Section 15. Non-Expendable Property. Any non-expendable personal
property acquired by WINTER SPRINGS to perform the projects herein and
approved by the COUNTY as set forth in Section 10 herein, shall be
subject to all Federal, State and local regulations, including, but not
limited to, the provisions on use and disposition of property. At the
termination of this Agreement, any grant-funded non-expendable personal
property shall be made available to the COUNTY and HUD in accordance
with the aforesaid provisions.
Section 16. Liability. Except for reimbursement as specifically
set forth herein, the COUNTY shall not be liable to any person, firm,
entity or corporation in connection with the services WINTER SPRINGS has
agreed to perform hereunder, or for debts or claims accruing to such
parties against WINTER SPRINGS. The Agreement shall not create a
contractual relationship, either express or implied, between COUNTY and
any other person, firm, or corporation supplying any work, labor,
services, goods or materials to WINTER SPRINGS as a result of services
to COUNTY hereunder.
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
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WINTER SPRINGS or whomsoever, resulting out of WINTER SPRINGS's fraud,
defalcation, dishonesty, or failure of WINTER SPRINGS to comply with
applicable laws or regulations; or by reason or as a result of any act
or omission of WINTER SPRINGS in the performance of the Agreement or any
part thereof; or by reason of a judgment over and above the limits
provided by the insurance required hereunder or by any defect in the
construction of the project; or as may otherwise result in any way or
instance whatsoever arising from this Agreement.
(b) In the event that any action, suit or proceeding is brought
against the COUNTY upon any alleged liability arising out of the
Agreement, or any other matter relating to this Agreement, the COUNTY
shall promptly provide notice in writing thereof to WINTER SPRINGS by
registered or certified mail addressed to WINTER SPRINGS at the address
provided hereinafter. Upon receiving such notice, WINTER SPRINGS, at
its own expense and to the extent permitted by law/shall diligently
defend against such action, suit or 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-Assignability. Neither party shall assign the
Agreement without the prior written consent of the other.
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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.
Section 22. Program ~ncame.
(a) In the event that any program income (returned funds) is
recei ved by WINTER SPRINGS during the Agreement, WINTER SPRINGS shall
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 i terns have been budgeted, the program income shall be
returned to the COUNTY for proper accounting in the CDBG fund.
Section 23. Reallocation of Funds. In the event that WINTER
SPRINGS receives construction bids, engineering bids, design bids or
financial estimates of a similar nature that entail a lower cost than
the CDBG funds allocated toward that particular project, the excess
funds shall be returned to the Community Resources Division Manager with
thirty (30) days of the bid acceptance and shall be reallocated by
Seminole County for use in other CDBG projects.
Section 24. Suspension and Termination. In accordance with 24
CFR Parts 84.60 -.62, the COUNTY may immediately suspend or terminate
any term or condi tion hereunder. Notice thereof shall be provided
pursuant to the Agreement. The Agreement may also be terminated for
convenience in accordance with 24 CFR part 85.44, providing for
termination for mutual convenience, or partial termination for specified
reasons. The Agreement may also be terminated immediately by the COUNTY
for cause.
Section 25. Reversion of Assets. Upon expiration of the
Agreement, WINTER SPRINGS shall transfer to the COUNTY any remaining
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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 26. Certification Regarding Lobbying. WINTER SPRINGS
hereby certifies, by examination of the Agreement, that, to the best of
its knowledge and'belief:
(a) No Federally appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
(b) If any funds other than Federally appropriated funds have
been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or any employee of a member of Congress
in connection with this Agreement, WINTER SPRINGS shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
Section 27. Notice. Whenever either party desires to give notice
unto the other, notice may be sent to:
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For COUNTY:
Community Resources Division Manager
Community Development Office
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For WINTER SPRINGS:
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
Either of the parties may change, by written notice as provided herein,
the address or person for receipt of notice.
Section 28. Conflict of Interest.
(a) WINTER SPRINGS agrees that it will not engage in any action
that would create a conflict of interest, in the performance of its
obligations pursuant to the Agreement with the COUNTY or which would
violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b) WINTER SPRINGS hereby certifies that no officer, agent or
employee of the COUNTY has any material interest (as defined in Section
112.312(15),
Florida Statutes,
as over 5%)
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 29.
Entire Agreement, Effect on Prior Agreement.
This
instrument constitutes the entire agreement between the parties and
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supersedes all previous discussions, understandings and agreements, if
any, between the parties relating to the subject matter of the Agree-
men t .
Section 30 .
Remedies.
Upon determination that a breach has
occurred and in addition to the remedies provided by law, the COUNTY may
elect any of the following remedies, as applicable and appropriate:
(a) Terminate the Agreement and designate the remaining uncommit-
ted funds for any other eligible program or activity or to the COUNTY's
trust fund wi thout further obligation to WINTER SPRINGS, and require
WINTER SPRINGS to repay any monies expended in accordance with 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. PARTYKA, Mayor
ANDREA LORENZO-LUACES
City Clerk
Date:
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ATTEST:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
DARYL G. MCLAIN, 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 Commissioners
at their , 20
regular meeting.
County Attorney
KC/gn 7/22/02
5 Attachments:
1. Exhibit "A" - General Scope of Services
2. Exhibit "B" - Project Budget
3. Exhibit "C" - Request for Funds Reimbursement Report
4. Exhibit "D" - Monthly Status Report
5. Exhibit "E" - End of Year Report
CAGN01\AGT\cdbg-WS-SrCitz.doc
17
EXHIBIT A
GENERAL SCOPE OF SERVICES
WINTER SPRINGS shall provide for professional construction services for ADA 'mprovements to
the Senior Citizen Center and the Civic Center. General building, landscaping and exterior
improvements shall be provided at the Senior Citizen Center. Both buildings are located on
Edgemon Avenue in WINTER SPRINGS.
NOTICE: The acquisition of real property whether through purchase, donation or any other
method of real property transfer or the granting of rights or privileges may require compliance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
THEREFORE, WINTER SPRINGS shall not acquire nor negotiate the purchase or donation or
receive the benefits of the receipt of rights or privileges by a real property owner of any real
property or any interest in real property without first seeking consultation with the COUNTY.
FAILURE BY WINTER SPRINGS TO FIRST SEEK CONSULTATION WITH THE COUNTY
REGARDING THE AFOREMENTIONED SHALL AUTOMATICALLY RELEASE THE COUNTY
FROM ANY OBLIGATION FOR PAYMENT, REIMBURSEMENT OR LIABILITY FOR SAID
ACQUISITION.
TASK ONE:
DOCUMENTS
WINTER SPRINGS shall prepare all documents required for bidding. The documents shall be
submitted to the COUNTY for review and approval prior to bidding. The COUNTY shall review the
documents and incorporate terms and conditions as required by the COUNTY or by Federal
requirements.
TASK TWO:
BID ADVERTISEMENT
WINTER SPRINGS shall properly advertise bids and provide contractors a specific response
period. All procurement of labor, materials and services shall comply, at a minimum, with 24 CFR
Part 85 pursuant to the Federal Office of Management and Budget (OMB) Circular A-87, as
revised and amended.
TASK THREE:
BID RESPONSE REVIEW
Following the close of the bidding period, the COUNTY and WINTER SPRINGS shall jointly
review the bids received. After review, WINTER SPRINGS shall review contractor qualifications
and make, if appropriate, a bid and contract award.
TASK FOUR:
CONTRACTOR SELECTION
WINTER SPRINGS shall select the contractor to be awarded the construction work. WINTER
SPRINGS shall prepare and negotiate the contract with the contractor and monitor the
performance to meet certain requirements, such as, but not limited to, certificates and permits.
WINTER SPRINGS shall facilitate, in cooperation with the COUNTY, any requirements necessary
for the COUNTY to comply with Federal guidelines.
B:\exhibit a scope of services ada senior center & civic center building imp senior center 2002-2003.doc
TASK FIVE:
PRE-CONSTRUCTION CONFERENCE
WINTER SPRINGS and the COUNTY shall hold a pre-construction conference at WINTER
SPRINGS City Hall with the contractor, subcontractors, private utilities representatives, city
representatives and other appropriate persons for the purpose of:
1. Identifying the project manager;
2. Identifying the field monitors;
3. Discussing the plans and specifications;
4. Discussing construction procedures and scheduling;
5. Answering any questions prior to construction; and
6. Discussing Federal requirements and regulations (COUNTY staff shall present
this information.)
TASK SIX: CONSTRUCTION MONITORING
WINTER SPRINGS shall provide a project manager to monitor and inspect the construction
activities. The project manager shall be responsible for responding to all requests by the
COUNTY or contractor. The project manager or his/her designee shall be the liaison to the
COUNTY.
TASK SEVEN:
PROGRESS REPORTS
WINTER SPRINGS' project manager or his/her designee shall provide monthly written progress
reports to the COUNTY by the fifteenth (15th) day of every month.
TASK EIGHT:
PROJECT SUMMARY
WINTER SPRINGS shall provide a written summary to the COUNTY in regard to each project at
the conclusion of said project.
B:\exhibil a scope of services ada senior center & civic center building imp senior center 2002-2003.doc
EXHIBIT B
PROJECT BUDGET
CITY OF WINTER SPRINGS, FLORIDA
Activity
Budget
Payment/Reimbursement ADA Improvements to the
Senior Citizen Center and the Civic Center and
general building, landscaping and exterior
improvements at the Senior Citizen Center. Both
buildings are located on Edgemon Avenue in Winter
Springs.
(1) General Improvements to the Senior Center:
New Restroom:
· New bathroom building
· Additional sidewalk
· Landscaping
· Demolish existing bathroom building
· New Paving for nine (9) parking spaces
Subtotal
$86,490.00
512.00
3,500.00
4,800.00
3.400.00
$ 98,702.00
(2) ADA Improvements to the Civic Center
· New ADA Automatic Doors
· New ADA Signage
Subtotal
$9,000.00
200.00
9,200.00
(3) ADA Improvements to the Senior Citizen Center
· New Automatic Doors $9,000.00
· New ADA Signage 250.00
Subtotal
9,250.00
(4) Architectural and Engineering and Permitting Fees
· Fees
$11,848.00
11,848.00
Subtotal
TOTAL COSG 2002-2003
$ 129,000.00
The City may transfer and use the above funds within each activity in a manner
which will produce a successful completion of the total project which involves the
four (4) activities listed above. In no case will the City expend more than the
$129,000 allocated by the County for the above budgeted project activities.
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EXHIBIT C
SEMINOLE COUNTY
REQUEST FOR FUNDS REIMBURSEMENT REPORT
(FISCAL YEAR 2002 - 2003)
COMMUNITY DEVELOPMENT STAFF USE ONLY (CONTRACT #
ACCOUNT NO.
PROJECT #
PROJECT #
Amount
ACCOUNT NO.
Amount
SECTION I-REQUEST FOR FUNDS
1. SUBRECIPIENT NAME: City of Winter Sprinqs. Florida
2. ADDRESS:
3. REQUEST DATE:
4.
REQUEST NO.:
FINAL REQUEST: YES
NO
5. CONTACT PERSON:
6. TELEPHONE NUMBER:
COMPLEtE SECTION II EXPENSE SUMMARY BEFORE GOING TO ITEMS 7-12.
7. FUNDS ARE HEREBY REQUESTED FOR EXPENDITURTES INCURRED IN THE MONTH(s) OF:
8. TOTAL CASH EXPENDITURES FROM START OF
SUBGRANT TO DATE (FROM SECTION II, LINE 4): $
9. CASH RECEIPTS FROM START OF SUBGRANT TO DATE: $
10. REIMBURSEMENT FUNDS REQUESTED FOR THIS
PERIOD (LINE 8 MINUS LINE 9) $
11. SUBMITTED BY: 13. TITLE:
12. AUTHORIZED SIGNATURE:
(This form is for reproduction or copying by Recipient and should summarize the total payment request for all units assisted.)
PAGE 1 OF 3
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SECTION II - EXPENSE SUMMARY FISCAL YEAR 2002 - 2003
SUBRECIPIENT NAME: City of Winter SprinQs. Florida
EXPENSE SUMMARY FOR:
(Month & Year)
DESCRIPTION BUDGET CURRENT EXPENSES EXPENSES AVAILABLE
OF REVISED THIS Y-T-D BALANCE
ACTIVITY BUDGET MONTH
CDBG 2002-2003 $129,000.00
2. TOTAL A. B. C. D. E.
$129,000.00
$ $ $ $
3. ENTER TOTAL CASH EXPENDITURES AMENDMENT JOURNAL
REPORTED ON THE PREVIOUS "EXPENSE $
REPORT AND REQUEST FOR FUNDS"
(SECTION I, LINE 9)
4. COMPUTE "TOTAL CASH EXPENDITURES
FROM START OF SUBGRANT TO DATE" BY $
ADDING 2C AND 3. (ENTER RESULT ON
SECTION I, LINE 8)
ATTACH A COpy OF ALL SUPPORTING DATA FOR THE PERIOD
THIS EXPENSE SUMMARY ADDRESSES i.e., LABOR VOUCHERS,
RECEIPTS, INVOICES, DAILY ACTIVITY LOGS, ETC..
(This fonn is for reproduction or copying by Recipient)
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SECTION III - STATUS REPORT FY 2002 - 2003
1. SUBRECIPIENT NAME: City of Winter Sprinqs. Florida
2. STATUS REPORT FOR THE MONTH OF:
3. ACTIVITY NAME:
4. ESTIMATED PROJECT/ACTIVITY COMPLETION DATE:
5. PERCENT OF PROJECT/ACTIVITY COMPLETED TO DATE:
6. DESCRIBE SPECIFIC WORK TASKS AND QUANTIFIED ACCOMPLISHMENTS COMPLETED THIS MONTH.
7. DESCRIBE PROJECT/ACTIVITY SUCCESSES, OR PROBLEMS ENCOUNTERED AND THEIR SOLUTIONS.
.8. DISCUSS ANY ANTICIPATED PROBLEMS OR CONCERNS WITH THE PROJECT/ACTIVITY THAT THE
COMMUNITY DEVELOPMENT OFFICE COULD PROVIDE ASSISTANCE TO RESOLVE.
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EXHIBIT 0
SUBRECIPIENT REPORT
Status Report for Month of
1. SUB RECIPIENT INFORMATION
Subrecipient City of Winter Springs, Florida
Mailing Address Contact Person
Telephone
II. NARRATIVE DESCRIPTION OF ACTIVITY STATUS/MILESTONES:
III. BUDGET STATUS
TOTAL
ESTIMATED EXPENSES PAID EXPENSES PAID OUTSTANDING BUDGET
ACTIVITY BUDGET THIS MONTH TO DATE OBLIGATIONS BALANCE
TOTAL
Any other special accomplishments: .
Signed:
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EXHIBIT E
NAME OF ORGANIZATION: City of Winter Sprinqs, Florida
FISCAL YEAR----2002-2003
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 Very White not Black not American Hispanic Asian / Female
Household/ Moderate Low Income Hispanic Hispanic Indian / Pacific Headed
Persons Income Origin Origin Alaskan Islander Household
Assisted Native
A B C D E F G H I
Any other special accomplishments:
Signed:
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