1553 Sem Co Boating Improvmt Fundsf 56 3
AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF SANFORD
RELATING TO CONTRIBUTION OF BOATING IMPROVEMENT FUNDS
TO SUPPORT DESIGN AND INSTALLATION OF AN EROSION MITIGATION
SOLUTION OF MEMORIAL PARK AND RIVERWALK
THIS AGREEMENT is entered into this 11th day of December , 20 , 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 the
"COUNTY ", and the CITY OF SANFORD, a Florida municipal corporation, whose address is
300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the "CITY ", in
pursuance of a project approved under the Seminole County Boating Improvement Program
("Program ")
WITNESSETH:
WHEREAS, Chapter 328, Florida Statutes, provides that a portion of the funds received
from boat licensing fees be returned to county government to provide recreation channel
markings and public launching facilities and other boating related activities; and
WHEREAS, through Section 28.10 of the Seminole County Administrative Code,
COUNTY implements the Seminole County Boating Improvement Program; and
WHEREAS, Chapter 163, Florida Statutes, Section 163.01, Florida Interlocal
Cooperation Act of 1969, subsection 163.01(4), provides that public agencies of the State of
Florida may exercise jointly with any other public agency of the State of Florida any power,
privilege, or authority which such agencies share in common and which each might exercise
separately; and
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
Page 1 of 9
,'.. CERTIFIED COPY
MARYANNE MORSE
CLERK Of CIRCUIT COURT
SEMINOLE CQ.UWY,IFLORIDA
DEPUTY CLERK
WHEREAS, Chapter 163, Florida Statutes, subsection 163.01(5), provides that a joint
exercise of power by such public agencies shall be made by contract in the form of an interlocal
agreement; and
WHEREAS, both COUNTY and CITY are "public agencies" within the meaning of
Chapter 163, Florida Statutes, Section 163.01; and
WHEREAS, CITY is planning to design and install an engineered erosion mitigation
solution between the seawall and perimeter sidewalk at Memorial Park and along certain areas of
the seawall on the RiverWalk, hereinafter referred to as the "Project ", and has requested funds
held by COUNTY under the Program; and
WHEREAS, COUNTY is desirous of providing for these boating related improvements
for citizens living in Seminole County and finds that the public health, safety, and welfare will be
served through the construction of the Project by CITY,
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and
promises contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
Section 1. Recitals. The above recitals are true and correct and form a material part of
the agreement upon which the parties have relied. It is understood and expressly agreed that the
policies, procedures, terms, and conditions provided under the Program pursuant to Section
28.10 of the Seminole County Administrative Code are incorporated herein by reference.
Section 2. Obligations of COUNTY and CITY. CITY agrees to construct the Project in
accordance with the plans and specifications prepared by or under the supervision and review of
a registered professional architect, engineer, or other appropriate professional. The elements of
the Project are identified as design and installation of an engineered erosion mitigation solution
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
Page 2 of 9
at Memorial Park and RiverWalk, as further described in the Boating Improvement Program
Application attached as Exhibit A, and Scope of Services attached as Exhibit B.
COUNTY agrees to obligate and make available to CITY the approved Project amount of
FORTY THOUSAND SIX HUNDRED NINETY SEVEN AND NO /100 DOLLARS
($40,697.00) for the Project authorized by this Agreement, subject to the terms of the Program. It
is understood and expressly agreed that said funds shall be used exclusively by CITY for only
those boating related projects described in the Project. It is understood and expressly agreed that
funding payments made to CITY by COUNTY shall be subject to the policies, procedures,
terms, and conditions provided under the Project. It is understood and expressly agreed that the
policies, procedures, terms, and conditions set forth in the Project are made a part of this
Agreement. CITY understands that there shall be no reimbursement of funds by COUNTY for
any expenditure made prior to the execution of this Agreement.
Section 3. Statement of Work. CITY, in a manner satisfactory to COUNTY and in
accordance with the Scope of Services, attached as Exhibit B, shall perform or cause to be
performed all work in the Project. Such work shall be performed except as otherwise specifically
stated herein by persons or instrumentalities solely under the domain and control of CITY.
Section 4. Term. COUNTY shall reimburse CITY for the work performed or caused to
be performed by CITY as part of the Project, subject to the terms of the Project. All such work
shall be performed in accordance with applicable requirements of this Agreement and the
Program. Reimbursement or payment of funds to CITY shall be contingent thereupon. CITY
shall complete all work on or before July 30, 2013, unless this Agreement is otherwise amended
or extended by written agreement of the parties. This Agreement shall be effective upon
execution by both parties.
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and River
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Section 5. Consideration and Limitations of Costs /Funds. CITY shall be reimbursed
by COUNTY for costs in accordance with the Program and applicable laws, rules, and
regulations in an amount not to exceed FORTY THOUSAND SIX HUNDRED NINETY
SEVEN AND NO /100 DOLLARS ($40,697.00) [for the work described in the Project.
Section 6. Payments.
(a) Payments to CITY shall be on an invoice basis and limited to the work for the
Project. Reimbursement for the Project shall be requested on Project Reimbursement forms.
(b) Upon receipt of the above enumerated documentation, COUNTY shall initiate the
payment process. Reimbursement to CITY shall be as soon as practicable in accordance with the
terms of the Project. The Greenways and Natural Lands Manager, designated as COUNTY's
Project Manager for the purpose of this Agreement, shall be responsible for ensuring
performance of its terms and conditions and shall approve the payment request prior to the
payment. Photographs shall be submitted when appropriate to reflect work accomplished.
(c) All disbursements by CITY must be fully documented to COUNTY so as to be
available upon request for inspection or audit in accordance with the provisions of this
Agreement, Project, and Florida law, or as otherwise may be reasonably required by COUNTY.
Section 7. Compliance with Local and State Laws. CITY shall comply with
applicable State and local laws, regulations, and ordinances, which by reference are incorporated
as if fully set forth herein, including but not limited to the following:
(a) Chapter 112, Florida Statutes - concerning conflicts of interest; and
(b) any and all laws, rules and regulations relating to the matters set forth or implied
in this Agreement.
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
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Section 8. Project Publicity. Any news release, project sign, or other type of publicity
pertaining to the Project as stated herein shall recognize the Seminole County Boating
Improvement Program and the Seminole County Board of County Commissioners as the source
of funding for the Project.
Section 9. Maintenance of Records.
(a) CITY shall, at a minimum, maintain all records required by Federal, State, and
local laws, rules, regulations, and procedures.
(b) CITY shall maintain such records, accounts, property and personnel records as
deemed necessary by Florida law and COUNTY or otherwise typical in sound business practices
to assure proper accounting of Project funds and compliance with this Agreement, and the
Program.
(c) All records and contracts of whatsoever type or nature required by this Agreement
and the Program shall be available for audit, inspection, and copying at any time during normal
business hours and as often as COUNTY or other Federal or State agency may deem necessary.
COUNTY shall have the right to obtain and inspect any audit pertaining to the performance of
this Agreement made by any Federal, State, or local agency. CITY shall retain all records and
supporting documentation applicable to this Agreement for a minimum of five (5) years after
resolution of the final audit and in accordance with Florida law.
Section 10. Liability. Except for reimbursement as specifically set forth herein,
COUNTY shall not be liable to any person, firm, entity, or corporation who contracts with or
who provides goods or services to CITY in connection with the services hereunder, or for debts
or claims accruing to such parties against CITY. This Agreement shall not create a contractual
relationship, either express or implied, between COUNTY and any other person, firm, entity, or
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
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corporation supplying any work, labor, services, goods, or materials to CITY as a result of this
Agreement.
Section 11. Subcontracts. All contracts made by CITY to perform activities described
in the Project shall comply with applicable laws, rules, and regulations set forth in this
Agreement and the Program. Any additional work or services subcontracted hereunder by CITY
shall be specified by written agreement and subject to this Agreement and the Program.
Section 12. Indemnification.
(a) To the extent permitted by law, CITY shall defend, hold harmless, and indemnify
COUNTY from and against any and all liability, loss, claims, damages, costs, attorney's fees,
and expenses of whatsoever kind, type, or nature which COUNTY may sustain, suffer, or incur,
or be required to pay by reason of the loss of any monies paid to CITY or whomsoever resulting
out of fraud, defalcation, dishonesty, or failure of CITY to comply with applicable laws, rules, or
regulations; or by reason or as a result of any act or omission of CITY in the performance of this
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.
(b) In the event that any action, suit, or proceeding is brought against COUNTY upon
any alleged liability arising out of this Agreement, or any other matter relating to this
Agreement, COUNTY shall provide notice in writing thereof to CITY by registered or certified
mail addressed to CITY at its address herein provided. Upon receiving notice, CITY, at its own
expense, shall diligently defend against the action, suit, or proceeding and take all action
necessary or proper therein to prevent the obtaining of a judgment against COUNTY.
Boating Improvement Funds — Erosion Mitigation Solution
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Section 13. Insurance. CITY shall carry and maintain in full force and effect throughout
the term of this Agreement, either liability insurance or a liability self - insurance program, at a
minimum, to the limits of liability set forth in Section 768.28, Florida Statutes, as may from time
to time be amended.
Section 14. Assignments. Neither party shall assign this Agreement, nor any interest
herein, without the prior written consent of the other party.
Section 15. 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 16. Termination. This Agreement may be terminated in accordance with the
terms and conditions set forth under the Program.
Section 17. Notice. Whenever either party desires to give notice unto the other, notice
may be sent to:
For COUNTY:
Director of Leisure Services
845 Lake Markham Road
Sanford, Florida 32771
For CITY:
Mayor
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Section 18. Severability. If any one or more of the covenants or provisions of this
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
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
Page 7 of 9
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 this Agreement; and shall in no
way affect the validity of the remaining covenants or provisions of this Agreement.
Section 19. Conflict of Interest.
(a) CITY agrees that it will not engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this Agreement with 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 hereby certifies that no officer, agent, or employee of 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 to be conducted here and that no such person shall have
any such interest at any time during the term of this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, CITY hereby agrees that monies
received from COUNTY pursuant to this Agreement will not be used for the purpose of lobbying
the Legislature or any other State or Federal agency.
Section 20. 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 this
Agreement. Amendments to and waivers of the provisions herein shall be made by the parties ill
writing by formal amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day hereinabove first written.
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
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ATTEST:
r ��—
JJAN DOUGHERTY, &ity ClerlW
ATTEST:
M*",� E MORSE
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
Date:
BOARD OF
SEMINKE
DA `Lj , Chairman
SSIONERS
)A
Date: C�ih��1 i /
As authorized for execution by the Board of County
Commissioners at their // , 2017�_
regular meeting.
ZIA��
County Attorney
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8/22/12, 10/2/12, 10 /9/12 10/11/12 10/16/12
P: \Users \Legal Secretary CSB \Library&Leisure Services \Boating Improvement Funds- Memorial Park & Riverwalk.doex
Attachments:
Exhibit A — Boating Improvement Program Application
Exhibit B — Scope of Services
Boating Improvement Funds — Erosion Mitigation Solution
Memorial Park and RiverWalk
Page 9 of 9
EXH I BIT A
Seminole County Library & Leisure Services Department
1101 East First Street
Sanford FL 32771
Boating Improvement Program
Application
COMPLETE THIS ORIGINAL FORM IN FULL AND PROVIDE ORIGINAL ATTACHMENTS
AND 9 COPIES BY FEBRUARY 23,201 TO THE ABOVE ADDRESS.
Memorial Park and Riverwalk Erosion Mitigation Proiect
Project Name
Sanford Parks & Grounds Operations
Name of Applicant/Organization
P.O. Box 1788
Marc Hultin
Contact person managing program
407.688.5000 x5421
Street/P.O. Box Telephone
Sanford FL 32772 -1788 407.688.5083
C ity
State Zip
Fax
1. Organization Chief officially authorized to bind the City, Town or Government Agency:
Norton N. Bonaparte Jr. Title: City Manager Phone: 407.688.5001
2. Project Location (Name and street location): Veteran's Memorial Park 110 E. Seminole Blvd.
Attach proof of ownership
3. Project Type (check one): f
Acquisition Channel Marking
Development: New Construction X Renovation _Combination
4. List existing facilities and improvements on the project site: 800 Lineal feet of seawall, sidewalk, educational
plaques memorial plaques
5. Describe in detail the project for which you are applying, included projected time to complete project:
The seawall along the Riverwalk and Memorial Park is a popular fishing area to local residents. The
ground in these areas have become compacted and will not support the growth, creating an erosion
problem The project proposed will design and install an erosion mitigation solution between the seawall
and perimeter side walk at Memorial Park and along certain areas of the seawall on the Riverwalk.
6. List the new or additional types of boating facilities that will be provided by the project:
Additionally another portion of Memorial Park is in the design /permitting process for an 11 slips public boat
dock for daily use only.
7. What benefits will Seminole County residents receive from the project?
This Protect will mitigate the erosion and provide a safe access to the prime fishing areas along the Riverwalk
and Memorial Park. This will make these areas available to all Residents.
FORM SCBIP -01 Page 1 of 2
8. Project Budget:
Quantity Description
Estimated Cost
Project design construction documents and FDEP permitting costs for Memorial Park/Riverwalk.
Estimated Design cost
Estimated sub base cost
Estimated materials cost
Estimated installation cost
9. Will the BIP funds be used as the local cash match for another program?
Yes X no explain:
10. Amount of County Funds requested: $ 42,000.00
$ 3,000.00
$ 4,000.00
$ 10,000.00
$ 25,000.00
Total: $ 42.000.00
11. Who will be the potential users of the project? All City and County residents as well as out of area
visitors and special events attendees.
12. What is the public support for the project? (List public meetings, surveys, organizations, etc.)
Durino all phase of the improvement projects for Memorial park and the RiverWalk, the City has received
funding support from FRDAP,FBIP and Seminole County BIP. These grants require public information
meetings that are documented in previous grant applications and in Commission Mtqs. These
additional improvements are supported bV City and County fishing and boating enthusiasts, as well as the
general public who currently enjoy the RiverWalk and Memorial Park area daily.
13. Does the applicant/organization have a recreation or parks department or other staff to provide facility
development and ongoing maintenance of the project?
X yes no explain: Parks & Grounds Operations Division will provide maintenance.
14. In the event there is a user fee for a specific use within the project receiving County funds, do you agree to
charge the same fee for all users regardless of residence?
? yes no explain: Currently no fee is charged or anticipated.
15. Attach project drawings showing project site and planned improvements and include color photographs of the
project site.
16. Attach supporting documents showing cost estimates, product information (as applicable) and letters of
support.
17. If you are submitting more that one project application, what is your priority ranking for this application? (1, 2,
3) N/A
I hereby certify that the information provided in this application is true and accurate to the best of my
knowledge.
Z' Z
Signature of Authorized Representative Date
Seminole County, Florida Page 2 of 2
Boating Improvement Program
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Owner: SANFORD CITY OF
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Property Address: 110 E SEMINOLE BLVD SANFORD, FL 32771
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Parcel: 25-19-30-300-01 8B -0000 Value Summary
Property Address: 1 10 E SEMINOLE BLVD !
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Owner: SANFORD CITY OF
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PLAT OF `BOUNDARY" SURVEY
for
THE CITY OF SANFORD, FLORIDA
LEGAL. DESCRIPTION
Commence a concrete monument in a wellbox at the centerline intersection of Park Avenue and Commercial Street in Section 25, Township 19 South, Range 30 East,
Seminole County, Florida, thence run North, along the centerline of Park Avenue for a basis of bearings, a dunce of 82248 feet to a point on the North Right-of-way Line
of Seminole Boulevard and the POINT OF BEGINNING; thence non N_697&'40 - W , along said North Right -of -way Line, 54.66 feet to the wafer side of the o sNg seawall;
thence run the following 19 courses along said water side of the existing seawall N.65 4.31 feet N.402210'E. 5.83 feet NW16'00'1V. 228.89 feet
N.29°5U20'WW. 3.92 few N.40'S1 26.36 feet m-1 1'30'12 5.85 feet N.01'32'25'W. 97.24 feet N.38'S5'11'E. 6.79 feet; N.66'2700'E 5.75 feet; N.89'39'1 6'E
117.41 feet S.47 - WOM 825 feet S.00'34'30E. 103.75 fee; S.1 1'51'24'W. 1.71 feet S.37 176 feet S.4646'42 25.72 feet S_30°38'17 3.72 feet
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N.69"26'4D"W. 51.74 feet to the Point of Beginning.
SURVEY NOTES:
1) No Comers were set as the boundary described Hereon coincides with the water side of the existing seawall.
2) No underground utilities or improvements were located by this survey.
3) Bearings shown hereon are based on the cemerii of Parts Avenue being Due North.
4) This survey was completed on the ground on 24 January 2006
SURVEYOR'S CERTIFICATE
This is to certify that this "Boundary Survey' of the above - described property and the plat hereon defrneated is an accurate representation of the same. I further certify that
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th is surrey meets the Minimum Technical standards set forth by the Florida Board of and pursuant to Chapter 61G17 O6 of the Florida Administrative Code pursuant to Section 472.027 of the Fbdda Statutes.
KITNER SURVEYING
LAKE MONROE RBIAIRKITNER- P.S.M. No. 3382
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EXHIBIT B
Boater Improvement Program
City of Sanford Memorial Park and Riverwalk Erosion Mitigation Project
Scope of Services
INTRODUCTION
The Seminole County Boater improvement Program is designated to provide financial assistance in the form of
grants to the cities for the purpose of providing recreational boating- related activities to the general public. This
program is funded by one -half Seminole County's annual allocation of revenues.
The Seminole County Parks and Preservation Advisory Committee has approved the City of Sanford's project and
will be recommending that the BCC award the funds to the city of Sanford for their Memorial Park and Riverwalk
Erosion Mitigation Project.
OBJECTIVES
The seawall along the Riverwalk and Memorial Park is a popular fishing area to local residents. The grounds in
these areas have become compacted and will not support the growth, creating an erosion problem. The Project
will mitigate the erosion and provide a safe access to the prime fishing areas along the Riverwalk and Memorial
Park. This will make these areas available to all Residents.
SCOPE OF WORK
The Project will design and install an erosion mitigation solution between the seawall and perimeter side walk at
Memorial Park and along certain areas of the seawall on the Riverwalk.
The proposed project consists of removing approximately 3,200 square foot of grass and soil at a depth of 8 ",
installing 4" of crushed concrete, stabilizing the material and installing 4" x 8" brick Pavers from edge of sidewalk
to edge of seawall.
The brick pavers will help to alleviate landscape and soil erosion along the outer edges of the Veterans Memorial
Park and Riverwalk. This erosion creates native soil areas where this material is loosened and ends up in Lake
Monroe and the St Johns River. The bricks will provide a walking surface for visitors and fishermen to traverse
without damaging the grass and pollute our natural waterways.
All work is subject to the plans designed for this project. The City of Sanford will comply with applicable State and
local laws, regulations, and ordinances.
PAYMENT
Payment to City shall be on an invoice basis and limited to the work for the Project. Reimbursement for the
Project shall be requested on Project Reimbursement forms. No funds will be paid in advance. Upon receipt of
documentation, County shall initiate the payment process. The Greenways and Natural Lands Manager,
designated as County's Project Manager, shall be responsible for enduring performance of its terms and
conditions and shall approve the payment request prior to the payment. Photographs shall be submitted to
reflect work accomplished.
TIME FRAME
The City shall complete all work on or before July 30, 2013, unless the agreement is otherwise amended or
extended by written agreement.