HomeMy WebLinkAbout706-Comm. Dev Block Grant 96-97 INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY/CITY OF SANFORD/SEMINOLE COUNTY SHERIFF'S OFFICE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROGRAM YEAR 1997-98
THIS INTERLOCAL AGREEMENT, entered into this / ~ day of
/~ , 1998, 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," the CITY OF SANFORD, a Florida municipal corporation,
whose address is Post Office Box 1788, Sanford, Florida 32771-
1788, hereinafter referred to as "CITY," and the SEMINOLE COUNTY
SHERIFF'S OFFICE whose address is Sanford Airport, Building 310,
1345 East 28=h Street, Sanford, Florida 32773, hereinafter
referred to as "SHERIFF," for the use and benefit of the COUNTY's
Community Development Block Grant (CDBG) Program.
WHEREAS,. COUNTY has made application effective October 1,
1997, 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, the COUNTY desires to engage the CITY and SHERIFF to
2/2,/,8 CERTIFIED COPY
MARYANNE MORSE
1 CLERK OF CIRCUIT COURT
DEPUTY CLERK
provide additional law enforcement services such as police patrols
and crime prevention services in a specific area of Seminole
County, Florida, which area shall be qualified as lower income;
and
WHEREAS, the COUNTY has allocated CDBG funds for provision of
the aforesaid law enforcement services by the CITY and SHERIFF,
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.
"CDBG Program" means the Seminole County CDBG Program.
"CDBG Regulations" means 24 CFR Part 570 and
supplemental, additional or successor provisions.
"County Approval" means written approval by the
Planning Director, Community Development Principal
Planner, or their designee.
"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. The CITY and SHERIFF shall provide law enforcement
services in a specific area of Seminole County, Florida, as
depicted in Exhibit "A," Map, attached hereto and incorporated
herein by reference. The CITY and SHERIFF shall provide these
services as described in the Project Budget, attached hereto and
incorporated herein as Exhibit "B." Such services shall be
performed, except as otherwise specifically stated herein, by
persons or instrumentalities solely under the dominion and control
of the CITY or SHERIFF.
b. The parties recognize and agree that the purpose of
this Agreement is to reimburse the CITY and SHERIFF for costs,
including salary and benefit expenses to provide additional
community law enforcement services such as neighborhood police
patrols and crime prevention services, in a specific area of the
COUNTY, and the Agreement is directly related to the
implementation of the CDBG Program. Where expenses are authorized
by the COUNTY as set forth in Exhibit "B," those expenses shall be
specifically itemized 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 the CITY's or SHERIFF's implementation of
the CDBG activities.
Section 4. Term. The COUNTY shall reimburse the CITY or
SHERIFF for law enforcement services as described in Exhibit "B,"
performed by the CITY or SHERIFF up to the limits of Section 5.
All such services shall be provided by the CITY or SHERIFF in
accordance with applicable requirements of HUD with reimbursement
contingent thereupon. The Agreement shall be effective from the
execution by all parties through June 30, 1999, unless the
Agreement is otherwise amended or extended by written agreement of
the'parties as provided hereunder.
Section 5. Consideration and Limitation of Costs.. The
COUNTY shall reimburse the CITY or SHERIFF for costs, in
accordance with the Agreement and 24 CFR part 570, in an amount
not to exceed ONE HUNDRED FIFTY-TWO THOUSAND FIVE HUNDRED AND
NO/100 DOLLARS ($152,500.00) for the services described in Exhibit
Section 6. Payments.
a. Payment to the CITY and SHERIFF shall be on a
reimbursement basis limited to the items budgeted in Exhibit "B."
b. The CITY and SHERIFF shall submit to the COUNTY by the
fifteenth (15th) day of each month during the term hereof, the
following for the previous month:
1. A statement of all personnel costs, including
salaries and benefits for.the law enforcement positions funded,
for the period from commencement through the end of the report
period for which the statement is submitted; and
2. A statement of all personnel costs, including
salaries and benefits for the law enforcement positions funded,
for the current report period, categorized by budget line item and
consistent with' Exhibit "B;" and
3. An invoice and acceptable documentation issued for
payment of any expense. However, when reimbursement is sought for
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salaries to CITY or SHERIFF's employees, a copy of the payroll
shall be acceptable; and
4. Copies of daily time distribution records in
support of stated salary expenses. Records shall reflect the type
of work performance and the program for which the work was
performed.
c. Upon receipt of the above-enumerated documentation, the
COUNTY shall initiate the payment process. Reimbursement to the
CITY and SHERIFF shall be made as soon as practicable; provided,
however, that if the CITY and SHERIFF have performed services in
full compliance with all HUD requirements, payment shall be made
by the COUNTY to CITY and SHERIFF within forty-five (45) days of
receipt of acceptable documentation by the COUNTY.
d. All disbursements by the CITY and SHERIFF 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, the CITY and SHERIFF 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
the CITY and SHERIFF not received within 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
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negligence of the CITY and SHERIFF, as determined by the COUNTY.
Section 7. UniformAdministrative Requirements. In addition
to all other Federal, State and local requirements for the
performance of the Agreement, the CITY and SHERIFF shall comply
with the requirements of OMB Circular A-87 "Cost Principles for
State and Local Governments," and 24 CFR Part 85 "Uniform
Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments."
Section 8. Compliance with other ProgramRequirements.
a. During the Agreement, the CITY and SHERIFF-shall comply
with all Federal laws, rules, regulations, directires 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 t - 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 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 prohibits 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 5a; 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 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
protection 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
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against on the basis of race, color, religion, sex or national
origin in all 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 the
CITY and SHERIFF during any period of debarment, suspension,
placement in ineligibitity status under the provisions of 24 CFR
part 24.
13. Conflict of Interest - Provides that compliance
with the provisions of 24 CFR Part.84.42, 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. The CITY and SHERIFF 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
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and 24 CFR Part 52. However, the aforesaid shall neither exempt
the CITY and SHERIFF from performing site-specific reviews in
accordance to the COUNTY's Environmental Review Monitoring
Strategy nor release the CITY and SHERIFF from any environmental
pollution that it may cause or have caused and the CITY AND
SHERIFF shall assume full liability therefor.
Section 9. Compliance with Local and State Laws. During the
Agreement, the CITY and SHERIFF 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:
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 all inclusive of,
requiring the prior written
reimbursement or payment:
a. Initiation of new
approval of the
activities
COUNTY for
Agreement, changes in the location of, or the deletion of any
activity.
b. Purchase of any capital equipment other than actual
project construction.
c. All proposed travel exceeding two hundred (200) miles
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activities not covered by the
(one-way), conferences, hearings and meetings, except as may be
directly related to housing activities which are the subject of
the Agreement.
d. All change orders to the Agreement.
e. Requests to utilize remaining funds should a surplus
remain after the work is substantially complete.
Section 11. Project Publicity. Any news release, project
sign, or other type of publicity pertaining to the project, as
stated herein, shall recognize the Seminole County Board of County
Commissioners as the recipient funded by HUD and providing funds
to the CITY and SHERIFF.
Section 12. Management Assistance. The CDBG Administrator
or his designee shall be available to the CITY and SHERIFF to
provide guidance on CDBG Program requirements.
Section 13. Maintenance of Records.
a. The CITY and SHERIFF shall, at a minimum, maintain all
records required by Federal, State and local laws, rules and
regulations.
b. The CITY and SHERIFF 'shall maintain all records,
including accounts and property and personnel records, as deemed
necessary by.the COUNTY or otherwise typical in sound business
practice to assure proper accounting of all project funds and
compliance with the Agreement.
c. The CITY and SHERIFF shall maintain financial records
as required by Federal regulations in addition to financial
records relative to the following matters:
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1. Items purchased and paid for through standard CITY
and SHERIFF 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. Any materials drawn from a stockpile: records
indicating amount of material and cost thereof based on the
purchase price.
5. Employees paid from grant funds: personnel and
payroll data together with documentation that each employee was,
in fact, working on related projects funded hereunder.
6. Capital expenditures in excess of THREE HUNDRED
AND NO/100 DOLLARS ($300.00): description, model, serial number
and date and cost of acquisition.
d. The CITY and SHERIFF shall perform or cause to be
performed. an annual audit of its activities and funds in
conjunction with each regular CITY and SHERIFF audit. Copies of
all audits relating to the use of CDBG 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. The CITY and SHERIFF shall
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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. The CITY and SHERIFF
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." The CITY and SHERIFF shall provide the report as part
of the financial reimbursement process no later than the fifteenth
(15th) day of-each month. 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 the CITY and SHERIFF 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 which contracts with or
provides goods or services to the CITY and SHERIFF in connection
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with the services the CITY and SHERIFF has agreed to perform
hereunder, or for debts or claims accruing to such parties against
the CITY and SHERIFF. 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 the CITY and SHERIFF
as a result of services to COUNTY hereunder.
Section 17. Indemnification.
a. To the extent permitted by law, the CITY and the
SHERIFF 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 CITY and SHERIFF
or whomsoever, resulting out of CITY and SHERIFF's failure to
comply with applicable laws or regulations; or by reason or as a
result of any act or omission .of CITY and SHERIFF 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
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CITY and SHERIFF by registered or certified mail addressed to CITY
and SHERIFF at the address provided hereinafter. Upon receiving
such notice, CITY and SHERIFF, 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 CITY and SHERIFF's defense of any such action, suit or
proceeding.
Section 18. Insurance. CITY and SHERIFF 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. CITY and
SHERIFF shall ensure that the insurance requirements imposed on
all contractors conform to and comply with all applicable Federal,
State and local regulations.
Section 19. Non-Assignability. The parties shall not assign
the Agreement without the prior written consent of the others.
Section 20. Headings. All articles and descriptive headings
of paragraphs in this Agreement are inserted for convenience only
and shall not affect the construction or interpretation hereof.
Section 21. Program Income.
a. In the event that any program income (returned funds)
is received by' CITY and SHERIFF during the Agreement, CITY and
SHERIFF shall return such income to the COUNTY.
b. If any program income (returned funds) is received by
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CITY and SHERIFF 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 22. Suspension and Termination. In accordance with
24 CFR Parts 85.43(a)(3), 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 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 23. Reversion of Assets. Upon expiration of the
Agreement, the CITY and SHERIFF 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 the CITY
and SHERIFF and acquired or improved in whole, or in part, with
CDBG funds in excess of TWENTY-FIVE THOUSAND AND N0/100 DOLLARS
($25,000.00) shall be governed by 570.503 ~)(8).
Section 24. Certification Regarding Lobbying. CITY and
SHERIFF hereby certify, by examination of the Agreement, that, to
the best of their 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
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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, CITY and SHERIFF shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
Section 25. Notice. Whenever a party desires to give notice
unto the others, notice may be sent to:
For COUNTY:
Buddy Balagia, Principal Planner
Community Development,Office
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For CITY:
Joe Dillard, Chief of Police
City of Sanford
Post Office Box 1788
Sanford, Florida 32771-1788
For SHERIFF:
Steve Harriett, Chief Deputy Sheriff
Seminole County Sheriff's Office
Sanford Airport - Building 310
1345 East 28th Street
Sanford, Florida 32773
i6
Either of the parties may change, by written notice as provided
herein, the address or person for receipt of notice.
Section 26. Conflict of Interest.
a. CITY and SHERIFF agree that they will not engage in any
action that would create a conflict of interest in the performance
of their 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. CITY and SHERIFF hereby certify 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 CITY and SHERIFF 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, CITY and
SHERIFF hereby agree 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 27. 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 Agreement.
Section 28. Remedies. Upon determination that a breach has
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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
uncommitted funds for any other eligible program or activity or to
the COUNTY's trust fund without further obligation to CITY and
SHERIFF, and require CITY and SHERIFF to repay any monies not
expendedin accordance with the Agreement.
b. Require specific performance of the Agreement.
c. Demand payment and/or performance from the surety, if
applicable.
Section 29. Severability. If any one 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.
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SEN~IN COUNTY SHERIFF'S
OFFIC
DONALD F. ESLINGER, Sheriff
ATTEST:
CoUnty Commissioners of
Seminole County, Florida.
For the use and reliance
Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
SED/j rw
3 Attachments:
1. Exhibit "A" - Map
2. Exhibit "B" - Project Budget
BOARD OF COUNTY COMMISSIONERS
S~~~DA
WIN ADAMS Vice Chairman
Date: ~/~-~ ~
As authorized for execution by of
the Board of County C~mm~C$:n-
ers at their /~ /~
regular meeting.
3. Exhibit "C" - Request for Funds Reimbursement Report
F: \USERS\Cj~3W01\AGT\lawenfrc. doc
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19
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EXHIBIT "C"
REQUEST FOR FUNDS REIMBURSEMENT REPORT
All requests for reimbursement, from either the Sanford Police Department or the
Seminole County Sheriffs Office, shall be submitted in business letter format to the
Seminole County Community Development (CD) Office. Each letter shall be submitted
no more frequently than monthly from each agency and shall contain the following
information:
* Hours worked, by date, per patrolman in the area depicted in Exhibit "A'.
· Names or other identification of patrolmen affected by the request.