HomeMy WebLinkAbout1726 Interlocal Agrmt w/UCF re: Econ. Distressed AreasInterlocal Agreement Between The City Of Sanford And
The University of Central Florida Relating To Economically Distressed Areas
Analysis
This Interlocal Agreement, is made and entered into this2, day of July, 2015,
notwithstanding the dates of the signatures hereon, .by and between the City of
Sanford, a political subdivision of the State of Florida, whose address is 300 North Park
Avenue, Sanford, Florida 32771 (hereinafter referred to as the "CITY") and the
University of Central Florida, by and on behalf of its Board of Trustees, whose address
is University of Central Florida, 4000 Central Florida Boulevard, Orlando, Florida 32816,
(hereafter referred to as either "UCF").
WITNESSETH:
Whereas, City Commission of the City of Sanford and UCF desire to cooperate
and collaborate in the study that is the subject of this Interlocal Agreement; and
Whereas, the CITY and UCF desire to cooperate with regard to accomplishing a
study that will assist in the revitalization and redevelopment of the City of Sanford for
the benefit of the citizens of Sanford; and
Whereas, this Interlocal Agreement serves a public purpose and is authorized
pursuant to the provisions of controlling Florida law.
Now, Therefore, in consideration of the premises and the promises, covenants,
agreements and commitments contained herein and other good and valuable
consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged
by both parties, the parties agree as follows.
Section 1. Recitals. The above recitals are true and correct and form a material
part of this Interlocal Agreement upon which the parties have relied.
Section 2. Term. This Interlocal Agreement shall become effective upon
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approval by the governing bodies of the CITY and UCF and shall remain in effect This
Interlocal Agreement shall begin on May 1, 2015 (notwithstanding the dates of the
signatures hereon) and shall not extend beyond September 30, 2015 unless the period
is extended by modification of this Interlocal Agreement by mutual consent of the
parties as approved by UCF and the City Manager of the City.
Section 3. Collaboration; Scope Of Work; Employee Status.
(a). UCF shall provide all the necessary personnel and facilities to perform the
services of this Interlocal Agreement. UCF shall perform the services, and City shall
provide any materials for use in UCF performing such services, as:
(1). In conjunction with the Seminole County Health Department, UCF School
of Public Administration researchers will compile a demographic profile of economically
distressed areas in the City.
(2). The following components will be included in the analysis of economically
distressed areas in the City:
(A). Identify and describe economical distressed areas in the City.
(B). Demographics of current populations (e.g., income, education,
occupation, percent homeownership, race, ethnicity, female householder).
(C). Creation of maps to demonstrate demographics of population and
population trends.
(D). Identification of social, economic, political, housing, infrastructure, police
community relations and cultural concerns of residents in economically distressed
areas.
(b). UCF shall organize a planning review team of stakeholders to work with
consultants in design of process to solicit community input.
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(c). UCF shall conduct 3-4 focus groups of 8-10 people.
(d). UCF shall identify nonprofit, community, faith based and government
service providers offering services to targeted areas.
(e). As part of the citizens participation, UCF shall engage community
stakeholders in identifying and conducting a comprehensive assessment of needs in
the distressed areas.
(f). Upon completion of the demographic profile and assessment of the needs
in the distressed areas, UCF shall submit a final report to include a summary of findings
and recommendations from community stakeholders.
(g). The schedule for performance is as follows (will be adjusted by actual
start date):
Task Target Completion Date
Planning meeting with Sanford staff and Research Team.
Demographic data collection to identify and describe
economically distressed areas.
Meeting with City staff and Commissioner get
acquainted and review scope of services and
discuss expectations.
Recruit stakeholders planning Team and conduct
meeting to explain project, get acquainted and review
scope of services.
GIS Mapping and data analysis.
Development of Research questions and Proposal.
Interim Report.
Submit Project Proposal to Institutional Review
Board (IRB).
Data collection.
April 8, 2015
April 15 — May 1, 2015
April 22, 2015
May 14, 2015
June 15 — June 30, 2015
June 30, 2015
July 10, 2015
June 15 — July 15, 2015
June 15 - August 30, 2015
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Conduct focus groups.
GIS Mapping and data analysis.
Final Report.
July 15 - August 30, 2015
July 15 - August 30, 2015
September 30, 2015
(h). The lead contacts for UCF shall be the following:
Technical: Dr. Vanessa Lopez -Littleton
UCF College of Health and Public Affairs
4364 Scorpius Street
Orlando, Florida 32816-1395
Phone: 407-823-3926
Email: vanessa.lopez.littleton@ucf.edu
Contractual: Shannon Moran
University of Central Florida
12201 Research Parkway, Suite 501
Orlando, Florida 32826
Phone: 407-823-3186
Email: Shannon.Moran@ucf.edu
(i). Persons employed or retained by UCF in the performance of services and
functions pursuant to this Interlocal Agreement shall have no claim to pension, workers'
compensation, unemployment compensation, civil service or other employee rights or
privileges granted to the City's officers and employees either by operation of law or by
the City. UCF assumes total and plenary responsibility for salaries, employment
benefits, contractual rights and benefits, contract payments, and Federal, State and
local employment taxes, if any, attributable to UCF personnel and agrees, to the extent
permitted by Florida law, to indemnify and hold the City harmless from any
responsibility for same. UCF also agrees to place this provision in all contracts and
agreements with its agents and contractors pertaining to the any project of UCF such
that its agents and contractors shall assume all such liability and shall indemnify and
hold UCF and the City harmless from any and all such costs and liability.
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Section 4. Invoice Schedule; Fee; Process.
(a). UCF shall invoice the City as follows:
(1). For 50% of the fee upon execution of this Interlocal Agreement.
(2). For 40% of the fee upon submission of the Final Report.
(3). For 10% of the fee upon acceptance of the Final Report by the City
Manager.
(b). The City shall pay UCF a fee of $4,998.00.
(c). UCF shall submit invoices to the City at the following address: Sanford
City Hall, 300 N. Park Avenue, Sanford, Florida 32771.
(d). The City shall remit payments to UCF at: University of Central Florida,
Contracts & Grants, Post Office Box 160118, Orlando, Florida 32816-0118.
Section 5. Remedies. Each party shall have any and all remedies as permitted
by law; provided, however, that the parties agree to provide for positive dialogue and
communications if disputes or disagreements arise as to the interpretation or
implementation of this Interlocal Agreement and agree to comply with the alternative
dispute resolution processes set forth in any interlocal agreement relating to said
subject.
Section 6. Force Majeure. In the event any party hereunder fails to satisfy a
requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other
Act of God or force majeure, then said party shall not be in default hereunder.
Section 7. Binding Effect. This Interlocal Agreement shall be binding upon and
inure to the benefit of the parties hereto and the successors in interest, transferees and
assigns of the parties.
Section 8. Assignment. This Interlocal Agreement shall not be assigned by
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either party without the prior written approval of the other.
Section 9. Insurance And Indemnification.
(a). The parties shall maintain their respective insurance programs and
policies in effect during the term of this Interlocal Agreement.
(b). To the fullest extent permitted by law, each party shall indemnify, hold
harmless and defend the other party and its agents, servants, officers, officials and
employees, or any of them, from and against any and all claims, damages, losses, and
expenses including, but not limited to, attorneys fees and other legal costs such as
those for paralegal, investigative, and legal support services, and the actual costs
incurred for expert witness testimony, arising out of or resulting from the performance or
provision of services required under this Interlocal Agreement.
(c). In accordance with Section 725.06, Florida Statutes, adequate consideration
has been provided, if necessary, for the undertaking of this obligation, the receipt and
sufficiency of which is hereby specifically acknowledged.
(d). Nothing herein shall be deemed to affect the rights, privileges, and
immunities of either party as set forth in Section 768.28, Florida Statutes.
Section 10. Records And Audits. The parties shall maintain in their places of
business any and all books, documents, papers and other evidence pertaining to work
performed under this Interlocal Agreement. Such records shall be available at the
parties' places of business at all reasonable times during the term of this Interlocal
Agreement and for so long as such records are maintained thereafter. Records shall be
maintained in accordance with State law and generally accepted accounting and
auditing principles.
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Section 11. Notices.
(a). For the present, the parties designate the following as the representative
places for giving of notice, to -wit:
For UCF: Contractual: Shannon Moran
University of Central Florida
12201 Research Parkway, Suite 501
Orlando, Florida 32826
Phone: 407-823-3186
Email: Shannon.Moran@ucf.edu
For the City: Norton N. Bonaparte, Jr.
City Manager
300 North Park
Sanford, Florida 32771
With a copy to: Mr. Andrew Thomas
Senior Project Manager
300 North Park Avenue
Sanford, Florida 32771
(b) Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices. All notices shall be effective upon receipt.
Section 12. Standards Of Conduct/Public Records.
(a). The parties shall not discriminate on the grounds of race, color, religion,
sex, or national origin in the performance of work under this Interlocal Agreement or
violate any laws pertaining to civil rights, equal protection or discrimination.
(b). The parties reserve the right to unilaterally terminate this Interlocal
Agreement if the other party refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and
other applicable law, and made or received by the party in conjunction, in any way, with
this Interlocal Agreement. The City and UCF shall allow public access to all public
record documents, papers, letters or other materials that have been made or received
by the City and UCF in conjunction with this Interlocal Agreement.
(c). The parties shall not engage in any action that would create a conflict of
interest or which would violate or cause others to violate the provisions of Part 111,
Chapter 112, Florida Statutes, relating to ethics in government.
Section 13. Controlling Laws/Venue/Interpretation.
(a). This Interlocal Agreement is to be governed by the laws of the State of
(b). Venue for any legal proceeding related to this Interlocal Agreement shall
be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
(c). This Interlocal Agreement is the result of bona fide arms length
negotiations between UCF and the City and all parties have contributed substantially
and materially to the preparation of this Interlocal Agreement. Accordingly, this
Interlocal Agreement shall not be construed or interpreted more strictly against any one
party than against any other party.
(d). In performing under this Interlocal Agreement, the parties shall abide by
all laws, statutes, ordinances, rules, and regulations pertaining to, or regulating the
performance set forth herein, including those now in effect and hereafter adopted. Any
violation of said laws, statutes, ordinances, rules, or regulations shall constitute a
material breach of this Interlocal Agreement, and shall entitle the non -violating party to
terminate this Interlocal Agreement immediately upon delivery of written notice of
termination to the violating party.
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Section 14. Termination.
(a). This Interlocal Agreement may be terminated by either party at any time
by the terminating party providing written notice to the other party of the termination. In
the event of termination, UCF will be paid for all costs incurred and any non -cancelable
obligations properly incurred through the date of termination.
(b). This Interlocal Agreement shall terminate upon the completion of the
distressed areas work and the submission of the final Consultant report to the City
Manager.
Section 15. Waiver.
The failure of a party to insist in any instance upon the strict performance of any
provision of this Interlocal Agreement or to exercise any right or privilege granted to the
party hereunder shall not constitute or be construed as a waiver of any such provision
or right and the same shall continue in force.
Section 16. Severability.
Each provision of this Interlocal Agreement is intended to be severable. If any
term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the remainder of this Interlocal Agreement.
Section 17. Entire Interlocal Agreement/Integration.
This Interlocal Agreement constitutes the complete and entire agreement
between UCF and the City with respect to the subject matter hereof, and supersedes
any and all prior agreements, arrangements or understandings, whether oral or written,
between the parties relating thereto, all of which have been integrated herein.
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Section 18. Headings.
All sections and description headings in this Interlocal Agreement are inserted for
convenience only, and shall not affect the construction or interpretation of this Interlocal
Agreement.
Section 19. Counterparts.
This Interlocal Agreement may be executed in any number of counterparts, each
of which, when executed and delivered, shall be an original, but all counterparts shall
together constitute one and the same instrument.
Section 20. Modification.
This Interlocal Agreement may not be amended, changed, or modified, and
material provisions hereunder may not be waived, except by a written document, of
equal dignity herewith; provided, however, that this Interlocal Agreement anticipates the
entering of memoranda of understanding as set forth herein.
In Witness Whereof, the parties have caused this Interlocal Agreement to be
executed on the day and year first written above:
SIGNATURE PAGE FOLLOWS:
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Attest.
Ws&fno 0 0
�-- By:
Cynthia Porter
City Clerk Date
For use and reliance of the Sanford
City Commission only
Attest
For the use and reliance of the
University of Central Florida
Approved as to form and legal
sufficiency.
University Attorney
Luis"
By:
Pri ted Name: S�n,vwrm Kctt kn
Printed Title: fto- t�CunqqCr
Date:115
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T: City Clerk
.: Request for Services — Interlocal Agreement between the City and UCF
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
❑
Final Plat (original mylars)
❑
❑
Letter of Credit
❑
❑
Maintenance Bond
❑
Ordinance
❑
❑
Performance Bond
❑
Resolution
El
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
Andrew Thomas_
From
T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc
_8/10/15
Date