HomeMy WebLinkAboutSeminole County-2006 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF WINTER SPRINGS AND
SEMINOLE COUNTY PROVIDING FOR TRANSFER OF ADMINISTRATIVE
RESPONSIBILITIES RELATIVE TO COLLECTION AND ENFORCEMENT OF OCCUPATIONAL
LICENSE TAXES
THIS FIRST AMENDMENT is made and entered into this /3 day of
z o, 20 04 and is to that certain Agreement made and
entered into on the 11th day of December, 2003, between the CITY OF
WINTER SPRINGS, FLORIDA, whose address is 1126 E. S.R. 434, Winter
Springs, Florida 32708 (the "CITY") and SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 East First Street, Sanford, Florida 32771,
hereinafter referred to as "COUNTY" .
W I T N E S S E T H:
WHEREAS, the COUNTY and the CITY have heretofore entered into
that certain Agreement Providing for Transfer of Administrative
Responsibilities Relative to Collection and Enforcement of
Occupational License Taxes (the "Agreement") dated and executed on llth
day of December; and
WHEREAS, the Legislature of the State of Florida enacted and the
Governor signed into law Chapter 2006-152, Laws of Florida (the
"Act") , wherein Chapter 205, Florida Statues was comprehensively
revised changing the term "local occupational license tax" to "local
business tax" and further replacing the issuance of occupational
licenses with issuance of a "local business tax receipt" or "receipt" ;
and
WHEREAS, the COUNTY found it necessary to revise Chapter 45, Part
I, Seminole County Code, which establishes and levies the COUNTY'S
Occupational License Taxes, in order to remain consistent with the
1
above referenced State legislation, which also affects the Agreement
between the parties hereto; and
WHEREAS, the CITY and the COUNTY have mutually determined that
amendments to the Agreement are necessary and desirable to conform the
Agreement to the changes imposed by the Act, to assure continued
consistency of each party' s performance under the Agreement and better
serve the needs of their citizenry and the public interest in general;
and
WHEREAS, this First Amendment is authorized by Chapter 163, Part
VI, Florida Statutes and Section 13 of the Agreement,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements contained herein, the CITY and the COUNTY agree to amend the
Agreement as follows:
SECTION 1. Incorporation of Recitals. The foregoing recitals are
true and correct, agreed upon by both parties hereto and form and
integral part of this First Amendment and the Agreement.
Section 2. Substantive Amendments to Agreement. Sections 2, 3, 4,
5, 7, 8 and 17 of the Agreement are hereby amended to read as follows:
SECTION 2. DESCRIPTION OF TRANSFERRED ADMINISTRATIVE DUTIES AND
RESPONSIBILITIES OF CITY. The COUNTY hereby designates and the CITY
hereby accepts responsibility for the following duties and
responsibilities:
(a) issuance of COUNTY occupational liccnona local business tax
receipts to new applicants and persons seeking occupational license
renewals thereof whose businesses, professions and occupations are
domiciled within the incorporated limits of CITY;
2
(b) collection of the taxca local business taxes related to
issuance of the COUNTY d-ies receipts and remitting of such taxes to
the COUNTY monthly provided; however, in the event that delinquency
fees are still outstanding and uncollected against a particular
--_eeri ee person or entity, the taxes on that account do not need to be
remitted until all such amounts due and owing are collected;
(c) CITY shall follow all the requirements of the Ordinance, as
amended, including particularly the rates and charges established for
each class of lice,.s.. receipt, handling of delinquencies, issuance of
half (1/2) year 14e-ens-es receipt and inspection of other required
licenses, certifications or registrations for persons seeking a Class
"B" occupational liccnac receipt relating to regulated businesses,
professions or occupations as defined in the Ordinance.
(d) The City shall not allow refunds for previously iseetl paid
COUNTY occupational liccnoc taxao local business taxes for any reason
whatsoever; provided, however, refunds shall be expressly allowed in
the event a license an application or renewal is denied for any reason
or if a '_tee receipt is issued as the result of clerical error.
(e) The CITY shall each month, commensurate with remitting
li-eeaee taxes, local business taxes to COUNTY, provide to COUNTY the
list of those persons issued a COUNTY - -- _- receipt,
including renewals thereof, and taxes collected in connection
therewith during the immediately preceding month. Such list may be
provided in either paper form or in electronic and/or digital medium
deemed compatible with the public records laws of the State of
Florida, including particularly Chapter 1B-26, Florida Administrative
3
Code, or successor provisions relating to minimum standards of long
term readability and legibility for electronically stored public
records .
(f) Nothing herein shall be deemed as requiring CITY to issue a
physically separate lic....a.. document for a COUNTY occupational license
local business tax receipt. The CITY may, at its own discretion, elect
to include an additional line item on its own occupational liccnacc
receipt simply referencing issuance of the COUNTY lic....J., receipt in
the proper class.
SECTION 3. OBLIGATIONS AND RESPONSIBILITIES OF COUNTY REGARDING
TRANSFER OF ADMINISTRATIVE DUTIES TO CITY. The COUNTY -shall has
provided to the CITY the following support and documentation in order
to facilitate CITY'S assumption of the administrative duties described
in Section 2, above:
(a) A list of all existing COUNTY occupational licensees as of
the date of execution of this Agreement that are domiciled within the
incorporated limits of CITY along with the addresses of such
licensees. Such list may be supplied in either paper form or in
electronic and/or digital form provided such electronic media shall
meet the specifics described in Section 2 (e) , above.
(b) CITY shall be entitled to compensation for its performance
of administrative duties under this Agreement, which compensation
shall be comprised as follows:
(i) TWO and 50/100 DOLLARS ($2 . 50) for each new liec..a..
receipt or renewal; provided, however, that no compensation will be
paid for receipts issued at no cost to entities or persons by virtue
4
of special local business tax exemptions granted by Chapter 205,
Florida Statutes;
(ii) THREE and NO/100 DOLLARS ($3 .00) for each transfer or
issuance of a duplicate occupational license receipt;
(iii) all penalties collected in connection with
delinquencies arising in connection with COUNTY t- - - =. ' ‘--
local business tax receipt. Such compensation shall be deducted by the
CITY from the total COUNTY s- - . _- - - --- - - local
business tax receipts each month before remitting the balance of the
occupational liccnoc local business tax proceeds to the Tax Collector.
In the event that a higher administrative expense fee schedule is
implemented by virtue of subsequent agreement between the COUNTY and
any one or more municipalities, then the fees paid to CITY under this
Agreement shall automatically be increased to the same amount so that
all participating municipalities shall be compensated at the same
rates for each category of fees . Such revisions to the administrative
fees paid hereunder shall be memorialized in the form of a letter of
understanding signed by the appropriate officials of both Parties
which letter of understanding shall be become a part of this Agreement
upon its signing by the Parties. No other formal amendment to this
Agreement shall be required to implement a change to the
administrative fees provided; however, that only one (1) such change
shall be permitted in any fiscal year.
SECTION 4. MISCELLANEOUS COVENANTS RELATING TO TRANSFER OF
ADMINISTRATIVE DUTIES.
5
(a) Should administrative and transaction costs of the CITY
relative to carrying out its duties hereunder increase beyond that
contemplated by this Agreement, the basis of compensation to CITY may
be revised once a year to take effect on the next October 1, by mutual
agreement expressed as a formal amendment to this Agreement.
(b) In the event a COUNTY _--e - ccc receipt holder elects to
upgrade itse receipt from an unregulated Class "A" to a
regulated Class "B" -___-__ receipt, the tax local business tax
collected by the CITY shall be the incremental difference between the
Class "A" and Class "B" tax established in the Ordinance.
(c) CITY and COUNTY shall each use their best efforts to insure
compatibility of their computer hardware and software systems,
policies and procedures relating to • -- _-- -- - - local business
tax receipt issuance, related tax collections and enforcement and to
cooperate in the sharing of information in connection therewith so as
to allow each Party the ability to fully perform its obligations under
this Agreement.
SECTION 5. DESIGNATED ADMINISTRATIVE AGENTS OF THE PARTIES AND
NOTICE TO PARTIES. The Parties shall direct all correspondence and
notices to the attention of the public official identified below. That
designated official shall also be responsible for all material actions,
oversight, and coordination in the performance of this Agreement.
For City:
Ronald W. McLemore, City Manager
1126 E. State Road 434
Winter Springs, FL 32708
Tel : 407 327-5963
e-mail: rmclemore@winterspringsfl.org
6
For County:
Ray Valdes, Tax Collector by and through
Lynda Hedrick, Tax Manager
1101 E. First Street
Sanford, FL. 32771
Tel: 407 C65 7648 407-665-7635
Fax: 407-665-7603
E-mail: •..- - - > e - - - lhedrick @seminoletax.org
Each Party reserves the right to designate another official to be
the point of contact without formal amendment to this Agreement by
written, certified, return receipt U.S. Mail, facsimile transmission or
e-mail notice to the other ten (10) days prior to the desired date of
substitution thereof. If electronic, telex or facsimile notice is used
a record of confirmation of receipt of such transmission must be
maintained. Notice to a Party shall be deemed received and effective
three (3) days from the date of mailing or on the same day of
transmission if sent by e-mail or facsimile. A copy of such notice
shall be attached as an exhibit to this Agreement on and after the
effective date of the change.
SECTION 7. INSURANCE AND BONDING REQUIEEMENNTS. CITY AND COUNTY
shall both be responsible for maintaining adequate insurance coverage
against claims by third persons arising from the mishandling of
local business tax receipt issuance matters
including wrongful denial thereof, other mishandling, malfeasance or
misappropriation of moneys collected in connection therewith. Those
persons employed by both Parties with responsibility for the
collection, custody and disbursement of the public funds under this
Agreement shall be bonded in an amount sufficient to cover foreseeable
losses in connection with potential misappropriation of said funds.
7
SECTION 8. ALTERNATIVE DISPUTE RESOLUTION. Any and all disputes
arising hereunder shall be attempted to be resolved through a
collaborative and mutually acceptable informal process with open
discussions and a cooperative effort and the Parties shall exercise good
faith in all efforts to resolve disputes without litigation. Whenever
possible, disputes or disagreements as to the level of service and
standards of performance shall be resolved at the lowest comparable
levels between the CITY and the COUNTY. The first level of resolution
will be the CITY'S Director of Finance and the Assistant assigned Tax
Collector Manager of COUNTY in charge of occupational licence tax local
business tax matters. The next higher level of resolution will be the
City Manager or Administrator and the Seminole County Tax Collector. The
highest and final level of resolution will be the City
Council/Commission and the Seminole County Board of County
Commissioners. In the event that more formal dispute resolution
processes become necessary, such matters shall be submitted for
mediation, in which case the Parties shall engage a mutually acceptable,
Florida Supreme Court certified mediator, the fees for which, if any,
shall be shared equally by the Parties. In no event shall either CITY or
COUNTY commence litigation unless and until all attempts at alternative
dispute resolution as set forth herein have been exhausted.
SECTION 17. CONFLICTS OF INTEREST. The Parties agree that they
will not engage in any action that would create a conflict of interest
in the performance of its obligations pursuant to this Agreement, or
which would violate or cause others to violate the provisions or Part
III, Chapter 112, Florida Statutes and Section 220.115, Seminole County
8
Code, relating to ethics in government.
Section 3. Effect of this First Amendment on the Agreement. All
other sections of the Agreement not expressly amended by this First
Amendment shall remain in full force and effect. Upon execution of
this First Amendment by both parties, it shall become and integral
part of the entire Agreement between the parties.
Section 4. Counterparts. This First Amendment 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.
Section 5. Effective Date. This First Amendment shall become
effective at 12:01 a.m. on January 1, 2007.
IN WITNESS WHEREOF, the Parties hereto have executed this
instrument for the purposes herein expressed.
ATTE ,T: CITY OF WINTER SPRINGS
4 (/(y,�
(�
'41 By: /40 4141r
E. VOREZO-LUACES, City Clerk J11 F. BUSH, Mayor
Date: OCTOBER 4, 2006
Approved as to form and legality
For the use and reliance of the
City 'nter Springs, Florida only.
ANTHONY A. GARGANESE, City Attorney
9
ATTEST: BOARD OF COUNTY COMMISSIONERS
I \ SEMINOLE COUNTY, FLORIDA
/8" )
_ , By: ./tai/Xi /i
MARYANNE MOR, :; CARLTON HENLEY, Chairman
Clerk to the •oa . of
County Commission-rs of Date: /) - i3
Seminole County, lorida.
For the use and reliance As authorized for execution
of Seminole County only. by the Board of County Commissioners
at their /fie--{• , 20 oL
Approved as to form and regular meeting.
leg. . ufficiency.
// /
.u�ty At .rney
AWS/lpk
7/21/06 8/10/06
occ lic agt am-Winter Springs
Attachment:
Exhibit "A" - Agreement Between the City of Winter Springs and
Seminole County Providing for Transfer of Administrative
Responsibilities Relative to Collection and Enforcement of
Occupational License Taxes dated December 11, 2003
10
EXHIBIT "A"
•
AGREEMENT BETWEEN THE CITY G7 WINTER SPRINGS AND SEMINOLE COUNT,
PROVIDING FOR TRANSFER OF ADMINISTRATIVE RESPONban.LJTLES RELATTIE TOO
COLLECTION AND EN_ORCENIEN: OF OCCUPATIONAL LICENSE TAXES
THIS AGREE RENT (the "Agreement" ) is rade and en__-_d into this
// day of D c.c.. . 2003 , between _'.e CUT± 0' W0787RR SPRINGS,
a frun2cipality incorporated under the __..s of the State of Florida,
..hose address 1125 1st Stare Road 838 , Winter Springs, Florida
32708. i ___ "CITY") and SEMINOLE COUNTY, _ osl4 ssa rn o_
State of Florida, whose address is Seminole County __ride=s ?adding,
1101 East Street , Sanford, Florida 32771, (the "2.07T_' ") .
W I T N E S S E T H:
WHEREAS, COUNTY and CTTY heretofore __.____.; ordinances for
the levy, collection and enforcement of occupational license taxes
within their jurisdictions and do now leery and collect said taxes
nursuant to Chanter 205 , Florida Statutes; and
hT EREAS, COUNTY, pursuant to the requirements of ____ion
205. 0535, Florida Statutes (2002) , did on May 13 , 2003 adopt its
"Occhpationa I License Tax Ordinance of 2003" O. _a wherein
the license c'la.s=` re ^a`ioa system was restructured and si7n3ified into
only two (2) classes oL business, professional or occupational
classes, ng reasihie to a11ow the ansfer of certain
adn- .-stratr"e _espons;b;lar , =s to the as =' it this
Bent; and
W.3REAS, Section 205 . 045, Florida Statutes authorizes counties
and municipalities to enter -local agreements for either
Party to allow _h_ other to issue_ _ its occupational biennia and
collect the taxes thereon; and
CERTIFIED COPY
YemOO 11
lii�;f10, — MARYAp1Nt MORSE
- .9 n. 8n CLERK OF CIRCUN COURT
iruLogin rrlwni o mmme
WSNIREAS, COUNTY and CITY have mutually
issuance of the COUNTY'S
_. _ __ r.ot =. -;o-, of the taxes char___..
for those businesses located - -_
_ _ ..__ in the CITY will sine
_ _ alit/
enhance convenience to °' -
___ ____ __ citizens zees of both CITY and COUNTY
as well as result an improved e
collec`_io_-s of COUNT- =Cope t area- _=1 _ -_ taxes;
WHEREAS, it is hereby found and that this Agreement is
in the best interest of the citizens and :he_ business COTnn __e of
both CITY and COUNTY;
NOW, _:^-9._4079, in consid_r_t : of the mutual __ and
a � 33s _
agreements contained herein C_^
__ and _ UE__ agree as follows:
SSCTIaN 1. RECITAIS. The foregoing recitations are true,
correct, mutually understood, agreed - _
tree- '_�^n c__ •J•-; an integral part of
this Agreement.
SECTiO'v 2 . DSSCBIPT_ON OF TR NS73?'_- nDy_NISTF,T
— _ ___vo DUTIES pi.7
EfssowfasT:TTTeS G? CITY. -
___ COUNTY __.-eby des �
=9n-�_es and the GT-t
hereby accepts ty responsibili - "she -
— _�_ following duties and
_esnonsibiL ties:
(a) issuance of COUNTY oceupatiosal 1=
e-nses to new apo'_icz_ts
snd persons seeking- oticsaatfoiti __se _e _en_a__s whose business
professions and occupations
are domiciled .,_whim the ___ __[ __
limits Of CIT-!;
(b) collection of the taxes reAateS to of_ rear__ o_ _.._ COS2nI'?
licenses and _emitting of the cOIEITY monthly., rn pa
however,
_.. the event - delinpleudy
uncollected against a particular licensee, the
cares on that ___se
2
do not need to be remitted until all such amounts due and owing are
collected ;
(c) CITY shall follow all the _ s __ _mens of the Ordinance
including particularly the rates and established for_ charges r0_T each
class of license, handling of _elingiencies, issuance of half (1/2)
lie and inspection of other rec - _d lieen=es,
certifications or registratin r_ _ a _lass -p
-
occupational license relating to regulated businesses, profe_.ssion= or
occupations as defined n the
_._ the Ordinance.
(d) The City shall not allow refunds for previously issued
COUNTY occupational license taxes for any reason whatsoever; provided,
however, ___unds shall be expressly allowed in the event a license
application or renewal is denied for any reason or if a license is
issued as the result of ) e i.-al error,
(e) The CITY shall each month, commensurate with remitting
license taxes to COUNTY, provide to COUNTY the list of those persons
issued a COUNTY occup_tior..a: license, including renewals thereof, and
taxes collected in connection therewith during the immediately
preceding month. Such list may be provided ith=_ form either paper zorr, or in
electronic and/or digital medium deemed compatible with the public
records laws of the State of Florida, including narticularly Chapter
12-25, Florida Administrative Code, or successor provisions relating
to minimum standards of long term readability and legibility for
electronically stored public records .
(f) Nothing herein shall he deemed as repairing CITY to issue a
physically separate license document for a COUNTY occupational
3
license. The CITY may, at own discretion, elect to include __.
additional line tee
item on its w._._
occucaticn=_i
licenses simply
r„= renci-g issuance of the COUNTY license
—_ =�7= prop=_r class.
SECTION 3 . OBLIG =TONS 2n-D :ES?3NStwws rr-s OF COUNTY '3 GP.PDIFG
TRANSFER CP S ecs-NiSFf;T=VS DUTIES TO
CITY. The COUNTY ,__l1 paovid_
to the __ the following nppor _r_d documentation in order to
l '-sts CIT°hI assumption of the administrative duties described in
Section 2, above:
(a) A list cf all _._istinc COUNTY occunati licensees onal ________es as „_
the date of _ of this edreement thsr are somiciled within the
incorporated
limits of CITY sloth with the
addresses of such
licensees. Such list may b
' Y - supplied in either pacer form or in
e1e runic and/or digital form provided such _
- -c o_ _ media shall
meet the Section described in S -
specifics ion 2(B) , above.
(b) CITY shall he e , r;.=d to compensation for irs performance
of administrative duties hider this em
--e e^-_�Crc=.ncP_t, which compensation
follows :
shall he comprised as foci _
(2) TWO and 50/100 DOSt2RS ($2 .50) Scr each new
renewal ;
Yii) THREE and NO/100 --F .S '53 . 00) for each
issuance of a duplicate x^_-`ipationsi license;
or
( all ____ties collect ed in tonne/mist with
del nc encies arising
in connection wi t COUNTY occupational licensee .
Such compensation shells be deducted by =y total C-_ _ rem the _ _at CpUNTY
occupations] lissnse sax r=r btc _ month before remitting ___
balance of the occupationa3 - t _
_______ ____ roc Becs to the _>_ ^on o or
In the event that a higher administrative =_zo=ne fee
schedule is
implemented by virtue of subsegtept _
- agreement between the COUNTY and
any one or more municipal i ti e, then the fees
Agreement shall automatically
ut , c
o_ increased to th=e sam=e =mount_ so that
all participating municipalities shall_ _ _ _ be compensated at the sane
rates for each category of fees . Such revisions to the administr=tiv=
fees paid hereunder =_ ll __ of
understanding signed by the appropriate - of- _ ==-te officials 02 ➢Otn Parties
which letter of understanding shall be become part of _
understanding _ _ .. __ �.___ Agr eement
upon its signing hy the Parties . No other formal
amendment to this
Agreement shall be required to implement
a change to the
administrative fees provided; however, that only one (1) such change
shall be permitted in any fiscal. year.
SECTION 4 . M.SaLL?\3GGS CO'T5AN S RELATING TO T2_-_NS?_.a OF
ADMINISTRATIVE DUTIES .
(a) Should administrative and transaction to
- - of the CITY
relative to carrying out its duties hereunder increase..sees. _..__ease beyond �__..
contemplated by this Agreement. of __ a
�e basis o= co.,,p=nsaryon to CITY may
be revised once a year to take effect on the next October 3 by
mutual
agreement express__ as _ form__ amendment to this Agreement .
gr=eoen= .
Co) In the =vent _ CO'Tia.,y li e s-
.=
to upgr=_de its
license from an unregula,er Class 'A" to a regulated Class .m
license, the tax collected by the CITY shall
be the _ _�_ental
difference between the Class and Class ' " °�
tax established in the
Ordinane.
(c) CITY and COUNT; shall each use their best efforts to insure
co[0'_=tibi lity of their __
Policies and procedures ins -
_el_�__ _0 oxno__ro;al
—
license issuance,
r elated tax collections end enforcement __ - to coope rat e
in the
sharing of information _ co _cep- -
- so _PR to allow each
Party the ability to p_,
SECTION 5. CrS?GNNT2.D .32aEmMmSTRP.ITV2 _=TN's OF THE PA
NOTICS TO P RTrS$. The Parties shall
-___ all correspondence and
to the attention
designated official shall also be _
--spo-s ible for all material- actions ,
,
oyersi;ht, and coordination in _be performance of this Agreement.
For City
Ronald W. McLemore, City Manncer
1126 last State Road 434
Winter Springs, 32708
Tel-: 407327-5963
e-mail: rmclemoreoainterspr+;es_l
_ _ ___ ors
For Count-y:
Ray Valdes, Tax Collector by and through
Pael Warsicki, Assistant e; Collector
1101 First Street 'Inn _, __to°
_fors _l. 32771
Tel: 407-165-724.9
Fax: 407-655-7503
maail : 2er_s_ckirsemino-ie_n_.ord
Each Party reserves _ _ right
to designate another official to he
the point of contact -
___-.,_t formal amendment to this
Agreement by
written, certified, return receipt U.S. Mall r facsimile transmission_
aIlSiloa
lOIl ,r
e-mai2 notice o the
other ten ( n) days prior to the desired -
date o-
substitution thereof. rci=y or 1e noc+c=_ is used
a record of confirmation of __c_iot of such transmission must be
maintained . Notice to a _arty shall be •deemed raseivrd and _`ft___
three (3) days from the .date of mailing; or on the same day Or
transmission if sent by e-mail or facsimile
__ copy of such _.notice
shall be attached as an exhibit to this Agreement on and after the
date_ of the change.
SECTION 6 . INDEMNIFICATION F_iD INS7PANCv o.=_
responsible for all personal injury and property damage attriburahle
to the negligent acts or omissions of that _ its and _ s o_fice-s,
employees , and agents thereof THfl per-ies further .
egr - nothing
contained ___rein. shall be construed _ interpreted____ _e__ted as� denying to
either =arty any remedy or defense available to such Party under the
laws of the State of Florida; the consent of the Stare of Florida a or
its agents and agencies to he sued; or a waiver of sovereign immunity
of the State of Florida beyond the waiver provided in Section 758 . 28,
Florida Statutes .
SECTION 7 . INSR NCn A±t BONDING FFIQUIRMMENTS. CITY and COUITTE
shall both be _ soonsible for n m __ _ini edega S -ate
insurance coverage
against claims by third persons arising from the mishandling -
_ g or
occupational license issuance matters including wrongful denial
thereof, other mishandling, malfeasance or misappro^re-;on of moneys
collected in connection therewith. Those per sons employed by both
Parties with responsibility for the collection, custody and
disbursement of the public funds under this Agreement shall be bonded
in an amount sufficient to cover foreseeable losses in connection=_ with
notentlal misappronriai.lsu of said funds .
SECTION 8 . AL^?NAT eye DISPUTE RESOLUTION. Any and all disput=_s
arising hereunder shall be a_teepte_d to be
resolved through
. a
collaborative and mutually acceptable _____ _a_ socess with
oo=n
discussions and a cooperative effort and the Tar=es sball
exercise aooa
faith in all efforts orts to resolve diseutes without litigation. Nhenever
possible, disputes or disagreecents to :he level of service and
standards of nerforeance shall be e _
__so tired at the lowest OJ3.?argyle
levels between the CITY and COUNTY. The isrst level of
will be ihe ____'S Customer Service Manager the Assist and
Collector of COUNT'S - _
p.=r O_ occupations/ license taT matters. ____
nexn hicher level of resolution will he the City Manager or
Administrator and the Seminole Co'nety Tax Collector. The highest and
final level of will `e -
Seminole County Board
of Co-Linty Commissioners. In the event that more
formal dispute resolutioc rocesses become
� -_necessary, such masters s;-tali
be submitted for mediation, in which case the Parties shall engage a
mutually acceptable, Florida. Court _- -
up=�e — .- =ri ed mediator, the fees
for which, if any, shall -
- be shared =;ual1,a by the - ___.
shall either CITY or cc COUNTY sentence litigation anless and until. all
_-_ sons_'-eon as_ _ =1,-, "eve seen
SECTION 9 . EQUAL O?PO?fl rii EHP ^_
- ?a=. Both CITY and CObwr7
shall assure that no p= oi shall excluded__ be c>Llu_Bd of race,
color, creed, national ordtiP, s.andicas, t
age, or sex from participation
o-.
in, denied tht 'cu.._i . s of, or be othirsise
discrin4betion
or sexual harassment activity -
2
SECTION 10 . GOVERNING LAW. This Agreement shall he governed by
and interpreted according the to the_ laws of �:,_
$_ate- of Florida The
Parbiss hereto and _heir employees, agents, .__ _ ._c,
and a551gno _=21y
comply with all applicable Pe >
r=1, State, and local lag O', codes and
regulations releting CO _ n°rforcanca of this -_--ens___
o..C__v_v __. =plinannancioNg, In event _
Agree conflicts with, nr en2safs _nfl ether
of this Acreement, it shall he interpreted
as a F:a-momous whole with a
good faith effort to resolve
any inconsistency CITY and COUNTY
z4-_=
to engage in positive and constructive communication
to ensure that the
positive collaboration occurs .
SECTION 12 . FORCE He TEURE. Notwithstanding any Provisions of this
Agreement to the contrary, the Parties shall
not he held liable i£
failure or e1 in the
-_ '-'y n performance of this Agreement arises- - from f_,_ e ,
re-
floods, strikes, embargoes, acts of the enemy,g�lie a.emy, unusuzlly severe
weather, outbreak of war, restraint of Government,
riots, cavil
commotion, act of terrorism, force of for e, act O_T god, or _Or any other
cause of the same ch=_=„ter which is- cnavoada'vl=_ through she exercise of
due care and which is beyond the control of the Parties.
SECTION 13 . MODIFICATIONS, F!'SN'a,EENTS G2 F_:TE?ATIOh3, -
- - Er_c=oc as
expressly provided in Sections S (p) and 5 of this Agreement, no
modification, amendment, or alteration in the terms or conditions
contained herein shall be sffserive unless contained _ = written
document executed with the same formality and of e;a=_1 dignity herewith.
SECTION 14. ASSIGNI'4k,/°_uI:.J PtRTr 3=,71a°y^_ R=35 .
(a) Neither COUNTY nor CITY _hall ==seam. aele
t___s5c_ its rights and obli_-ions .__reunde- _ _
_ to any third person or
entity without the prior written consent
(b) There are no _�
_ '_' party to '__ Agreement.
SECTICE 15. e STING EFFECT. Suhject _o the _
prc-ri s of 5-r-inn
14 , this Pigreem-ut shell be
binding -anon and inure no the °Tit of the
Parties hereto and the successors in interest _ _
" ° -s and 25=agn 9
of the Parties; , however,,
_ _ __ , this Agreement shall nor he 5e=-,1ed to
?' edge the full faith and _refit of __ Party.
SECTION 15 PC IC RECORDS
-__ Parties shall allow public access
to all documents, paters, letters, electronic �/=,.
all -yit=_lly stared
records or other materials which have been
made -_ received _._
conjunction with this Agreement, subject to ions of PJ_i records
_- __ r._COr',15
laws as set forth in Florida
records 3>21 D3
maintained in accordance with____ _=cords retention re2u=_a=_=.ts of State
law. The Parties shall maintain - - their place of business any and all
hooks, docamerros, ca
net-ruining to work performed
pursuant to this Agreement . Such records shell be aJ ;1 at the
resular place of business for each reasonable es- n i
-- - during
the term of thds Agreamant end :di sa lcao as such records are
SECTION 17. CONFLICTS OF INTEREST. The Par. _
Parries_s Cyr that they
will not engage
in any action that would create a conflatt of interest
in the performance of its obligations _ to this Agreeychr, or
0
which would violate or cause others to violate the
provisions Cr Part
III, Chapter 112, Florida Statures, _3_. o to ethics in governnment .
SECTION 19 . INDEPENDENT CONTRACTORS . The are __
Parties _ ir._der_ =^dent
contractors and are not employees or a_gents of each other_ Nothing in
this Agreement shall be interpreted to _s establi = i_.
_ _ - -ohs nio other
th-n that of Infehendent contractor between the Part_ , _heir
employees, agents. subcontractors; or e the
performance of this
Agrieeme_ _nt
SECTION 19 . SGVEPA2377 T Should any Agreement
held to any extent invalid or unenforceable as _ __s
_ t any person,
entity or circumstance during the term hereof, by force of any statute,
law, or ruling of any forum of competent jurisdiction, invalidity- Derr � such _:f
shall not affect any other teem or arovisions, or impair the enforcement
rights of the Parties, their successors and assigns .
SECTION 20. TERMINATION. This Agreement may be terminated
by
either Party for cause or for convenience upon ninety
(90) days written
notice to the other Party of such termination. In the event of
termination by the COUNTY for convenience, the CITY shall be compensated
for services performed to tensenation date in accordance with paragraph
3 (b) hereof if, after this adjustment, -t is fe that _
_
=r;nined that_ an
overpayment or underpayment has been made _.. either or_
bosh Parties,
such error shall he promptly correm"eH, end the difference paid or repaid
to the proper Party. If notice is delivered by ma) 1, if
shall be
received three l3) days after mailing.
SECTION 21. READINGS. ?11 sections and descriptive headings in
this ?a_oc...c___ __ _ nsv_ _ad for convenience only and shell not affect
the construction of __terua tL___on hares_.
SECTION 22 . __f BITS. ..-'J e;_ , -_ to this Agreement shall
_ be
deemed t0 be _nco oora eo into this Agreement - fully =et forth
verbatim int0 the body ref _ N s __ Self _
Substituted from time to time by Fart es `o eflen� __
_� _ _ __ the
matters covered by such exhibits as oe-mm--af under this Agreement .
SECTION 23 . ENTIRE AGREEMENT . This Agreement _..___o the entire
tinderst=nobng between she Parties anl supersedes any written or .peel
renresentations, statements, _'gD io or agreements to the
contrary.
C7.0771- 24 _ COUNTERPARTS. cement ray be exrn- -_r in ar;b
number of counterparts each of ch when ,-=n and delivered,
shall
be an original, but all counternarts shall constitute one and
the same instrnment.
PIT EnTJ ESS WifoRTOF, Par _
_ _ao pave executed this
instrument for the puroOses _____ -.
-EST CITY G iti2N FR SPRINGS
1i �� "
ill I i
ANDREA LORENZO-EGSACES, City Clerk .10Hi9 7. BUSH, Mayor
D c
e _. OCT_0BER 13 , 2003
-nrroved as to form and legality
For - use and reliance of the
Ci C1J minter Srrinys, Florida only.
"ANTHONY A . ri—_aE,, asp.
City Attorney
12
ATTEST: BOPRD OF COUNTY COKMISSIONFRS
SEMINOLE COUNTY, FLOP ID,
G v r / _
20SLT�Aa't MORSE
ePk to the 3oard of '- Chair°'a'
County Commissioners of Date : /) _/j _0j
Seminole County, Florida_ -For the use and .elzarce As authorized
execution t Co
of Seminole County only. _. ,-,=7.j 3
_
c',.TOy°n e to form and l gt �u —
ie X 1 e_, ac✓ �.
County Attorney
As
10/1/03
P: AUsers\CBAS 01',Agee emen`s''Occ LicTU rev - tain'er Springs .coc