2412 Seminole Co & COS - American Rescue Plan Act FundingINTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND
THE CITY OF SANFORD FOR AMERICAN RESCUE PLAN ACT FUNDING
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THISINTERLOCAL AGREEMENT is dated as of the /1-5� day of
20 'DD- , by and between SEMINOLE COUNTY, a charter county and political subdivision of
the State of Florida, whose address is Seminole County Services Building, 1101 E. I st Street,
Sanford, Florida 32771, in this Agreement referred to as "COUNTY," and the CITY OF
SANFORD, a Florida municipal corporation, whose address is 300 N. Park Avenue, Sanford,
Florida 32771, in this Agreement referred to as "CITY."
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, as may be amended, authorizes public
agencies to enter into agreements with other public agencies in order to serve a public purpose;
WHEREAS, Congress passed the American Rescue Plan Act ("ARPA") and President
Biden signed the ARPA into law on March 11, 2021; and
WHEREAS, the ARPA, in part, amends Title VI of the Social Security Act by establishing
the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund,
together the Fiscal Recovery Funds; and
WHEREAS, the Fiscal Recovery Funds provide three hundred fifty ($350) billion dollars
in emergency funding for eligible state, local, territorial, and Tribal governments; and
WHEREAS, the COUNTY's total allocation is in the amount of $91,646,669.00, with
COUNTY only having received its' initial 50% allocation in the amount of $45,823,334.50; and
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 1 of 12
WHEREAS, ARPA, Treasury guidance, and/or the Interim Final Rule to the ARPA
authorizes local governments to transfer Fiscal Recovery Funds to other local governments in order
to allow the flexibility needed to achieve the greatest impact in implementing programs; and
WHEREAS, CITY agrees that the transfer of certain Fiscal Recovery Funds to the
COUNTY for COUNTY's implementation of programs county -wide, as specified in this
Agreement, will best serve the residents of Seminole County in recovering from the public health
and economic impacts of the COVID-19 pandemic; and
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between the Parties and for the mutual benefit of
the Parties, the Parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material part
of the Agreement upon which the Parties have relied.
Section 2. Definitions.
(a) "ARPA" means the American Rescue Plan Act of 2021; P.L. 117-2.
(b) "Cause" includes, but is not limited to, misuse of funds, fraud, lack of compliance
with applicable rules, laws, regulations, and guidance, failure to perform on time, failure to comply
with the express terms of this Agreement, or refusal to permit public access to any public record,
defined by and subject to disclosure under Chapter 119, Florida, as amended.
(c) "Fund" means the Fiscal Recovery Funds under ARPA.
(d) "Party" means COUNTY or CITY; "Parties" mean COUNTY and CITY.
(e) "Treasury" means the United States Department of Treasury.
Section 3. Term.. The effective date of this Agreement is the date the County executes
this Agreement, and expires on December 31, 2024 ("Term"), unless terminated earlier in
accordance with this Agreement.
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 2 of 12
Section 4. American Rescue Plan Act Funding.
(a) COUNTY will implement certain programs, in its sole discretion, within Seminole
County to address the public health and economic impacts caused by the COVID-19 pandemic.
As some programs are also for the benefit of the residents of CITY, it is agreed to by the Parties
to be in the best interest of the residents of Seminole County to have single county -wide programs,
rather than multiple programs of similar type. The implementation by COUNTY of single county-
wide programs will serve the public purpose in providing immediate economic stabilization and
will address the systemic public health challenges. As such, upon an invoice to CITY, no more
frequently than monthly, CITY will provide COUNTY Funds for certain programs, as specified in
and in accordance with Exhibit A, Scope of Work, attached to and incorporated in this Agreement.
For the avoidance of doubt, COUNTY may establish and implement programs with or without
input from CITY, in COUNTY's sole discretion. At the end of the Term, COUNTY will return to
CITY any unused Funds provided by CITY under this Agreement.
(b) As the Parties have a great deal of responsibility in the prudent expenditure and
accounting of Funds, as authorized and required by the Federal Government, COUNTY agrees to
require its non-profit subrecipient's board members and officers to be free from convictions of any
fraud or financial crimes, such as embezzlement, theft, forgery, bribery, falsification or destruction
of records, misuse or misappropriation of funds. In addition, COUNTY agrees to require its non-
profit subrecipients to, follow competitive procurement requirements in the manner substantially
outlined in Exhibit C — Competitive Procurement Requirements, attached to and incorporated in
this Agreement, and to have no conflicts of interest, in non-profit subrecipient's procurement of
goods and services. COUNTY reserves the right to revise the aforementioned competitive
procurement requirements exhibit included in the agreements for non-profit subrecipients with or
without notice to CITY when determined to be in the best interest of COUNTY. The Parties hold
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 3 of 12
non-profit organizations within Seminole County to a high standard as non-profit organizations
have been instrumental in providing services to those most affected in the community as a result
of the COVID- 19 pandemic.
(c) The COUNTY's performance under this Agreement is contingent upon an
appropriation by the Federal Government, and is subject to any modification, including the
cancellation of programs and services specified in this Agreement, in COUNTY's sole discretion.
Section 5. Indemnification.
(a) Each Party is solely responsible to third parties with whom they may contract in
carrying out the terms of this Agreement and will hold each other harmless against all claims of
whatsoever kind or nature by such third parties arising out of the performance of work under any
such contract with a third party. This provision is not to be construed as a waiver by any Party of
its sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes,
as may be amended. Furthermore, no part or provision within this Agreement may be interpreted
as requiring one Party to indemnify or insure the other Party for the other Party's negligence or to
assume any liability for the other Party's negligence in contravention of Section 768.28(19),
Florida Statutes.
(b) The Parties further agree that nothing contained in this Agreement may be
construed or interpreted as denying to any Party any remedy or defense available to such Parties
under the laws of the State of Florida.
Section 6. Default. If any of the following Events of Default occur, COUNTY has the
option to exercise any of its remedies set forth in Section 7, Remedies. Events of Default,
including:
(a) If any warranty or representation made by CITY in this Agreement related to ARPA
is or becomes false or misleading in any respect, or if CITY fails to keep or perform any of the
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 4 of 12
obligations, terms or covenants in this Agreement and has not cured them in timely fashion, or is
unable or unwilling to meet its obligations under this Agreement; or
(b) If CITY has failed to perform and complete on time any of its obligations under
this Agreement.
Section 7. Remedies, If an Event of Default occurs, then COUNTY may, after thirty (30)
days written notice to CITY and upon CITY's failure to cure within those thirty (30) days, exercise
any one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement in accordance with Section 10, Notice;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend allocation of all or any part of the Funds;
(d) The County may require corrective or remedial actions, which may include, but
may not be limited to:
(1) requesting additional information from the CITY to determine the reasons
for or the extent of non-compliance or lack of performance,
(2) the issuance a written warning to advise that more serious measures may be
taken if the situation is not corrected,
or
(4) requiring the CITY to reimburse COUNTY for the amount of costs incurred,
(e) The COUNTY may exercise any other rights or remedies which may be available
under law or in equity. If COUNTY waives any right or remedy in this Agreement or fails to insist
on strict performance of CITY, it will not affect, extend or waive any other right or remedy of
COUNTY, or affect the later exercise of the same right or remedy by COUNTY for any other
default by CITY.
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
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Section 8. Termination.
(a) The COUNTY may terminate this Agreement for Cause after thirty (30) days
written notice to CITY.
(b) The COUNTY may terminate this Agreement immediately for convenience when
it determines, in its sole discretion, that continuing the Agreement would not produce beneficial
results in line with the further expenditure of Funds, by providing CITY with written notice.
(c) The Parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of
the termination and the procedures for proper closeout of this Agreement.
Section 9. Employee Status. Persons employed by CITY in the performance of this
Agreement are deemed not to be the employees or agents of COUNTY, nor do these employees
have any claims to pensions, workers' compensation, unemployment compensation, civil service,
or other employee rights or privileges granted to COUNTY's officers and employees either by
operation of law or by COUNTY. Persons employed by COUNTY in the performance of services
and functions pursuant to this Agreement are deemed not to be the employees or agents of CITY,
nor do these employees have any claims to pensions, workers' compensation, unemployment
compensation, civil service, or other employee rights or privileges granted to CITY's officers and
employees either by operation of law or by CITY.
Section 10. Notice. Any notice delivered with respect to this Agreement must be in
writing and will be deemed to be delivered (whether or not actually received) when (i) hand -
delivered to the persons designated below, or (ii) five (5) business days after deposit in the United
States Mail, postage prepaid, certified mail, return -receipt requested, addressed to the person at the
address for the Party as set forth below, or such other address or to such other person as the Party
may have specified by written notice to the other Party delivered according to this Section;
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
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As to COUNTY:
Attention: Resource Management Director/CFO
Seminole County Resource Management Office
1101 E. 1st Street
Sanford, Florida 32771-1468
With a COPY to:
Attention: Tricia Johnson, Deputy County Manager
Seminole County, County Manager's Office
1101 E. 1st Street
Sanford, Florida 32771-1468
As to CITY:
Attention: City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
Section 11. Parties Bound. This Agreement is binding upon and inures to the benefit of
the Parties, and their successors and assigns.
Section 12. Conflict of Interest.
(a) The Parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with the other Party or that would
violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes, as
may be amended, relating to ethics in government.
(b) Each Party hereby certifies that no officer, agent, or employee of that Party has any
material interest (as defined in § 112.312(15), Florida Statutes), as may be amended, as over 5%
ownership either directly or indirectly, in the business of the other Party to be conducted here, and
that no such person will have any such interest at any time during the Term.
(c) Each Party has the continuing duty to report to the other Party any information that
indicates a possible violation of this Section.
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 7 of 12
Section 13. Dispute Resolution.
(a) In the event of a dispute related to performance under this Agreement, the Parties
shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or
otherwise pursuing legal remedies.
(b) In the event that COUNTY administrative dispute resolution procedures are
exhausted, a Party to this Agreement may notify the other Party in writing that it wishes to
commence formal dispute resolution with respect to any unresolved problem under this
Agreement. The Parties agree to submit the dispute to a Florida Certified Circuit Court Civil
Mediator for mediation, within sixty (60) days following the date of this notice. In the event that
any dispute cannot be resolved by mediation, the dispute may be filed as a civil action in the Circuit
Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which is
the sole venue for any such civil action. The Parties further agree that any such action will be tried
before the Court, and the Parties hereby waive the right to jury trial as to such action.
Section 14. Reports.
(a) Beginning at the end of the first quarter in calendar year 2022, COUNTY will
provide the City Manager with quarterly reports, by completing Exhibit B — ARPA Quarterly
Progress Report Template, attached to and incorporated in this Agreement. COUNTY reserves the
right to revise Exhibit B in order for COUNTY to provide the public with transparency and to
comply with requirements set forth by Treasury, while still providing CITY the information
needed for CITY's reporting requirements.
(b) COUNTY will provide CITY quarterly reports within ten (10) business days of the
end of each calendar quarter and will be submitted prior to the end of each calendar quarter until
the termination, expiration, or the completion of programs or services under this Agreement,
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 8 of 12
whichever comes first. The ending dates for each quarter of the program year are March 31, June
30, September 30, and December 31.
Section 15. Equal Opportunity Employment. The Parties shall not discriminate against
any employee or applicant for employment for work under this Agreement because of race, color,
religion, sex, age, disability, sexual orientation, gender identity or national origin. The Parties shall
take steps to ensure that applicants are employed, and employees are treated equally during
employment, without regard to race, color, religion, sex, age, disability, sexual orientation, gender
identity or national origin. Equal treatment includes, but is not limited to, the following:
employment; upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
Section 16. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida
govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and
venue for any legal action in connection with this Agreement will be, if in state court, in a court of
competent jurisdiction located in Seminole County, Florida, or, if in federal court, the Florida
Middle District, Orlando Division.
Section 17. Compliance with Laws and Regulations. The Parties must abide by all
statutes, ordinances, rules, regulations, and executive orders pertaining to or regulating the
provision of this Agreement, including, but not limited to, ARPA, regulations adopted by Treasury,
guidance adopted by Treasury pertaining to ARPA, and 2 C.F.R. Part 200, entitled "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards," as
any one of the foregoing may be amended.
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 9 of 12
Section 18. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the Parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the Parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by the Parties, except as
otherwise specifically provided in this Agreement.
Section 19. Assignment. This Agreement may not be assigned by either Party without
the prior written approval of the other Party.
Section 20. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the Parties that the
invalidity will not affect other provisions or applications of this Agreement that can be given effect
without the invalid provision or application, and to this end the provisions of this Agreement are
I declared severable.
Section 21. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Section 22. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 10 of 12
IN WITNESS WHEREOF, the Parties have made and executed this Agreement for the
purposes stated above.
ATTEST:
TRACI HOUC I-A�i'ityclerk
3J� q
Approved as to for aril'
legal sufficiency.
CITY OF SANF ORD
By: ( C -'1011
ART WOODRUFF, May r
Date: / /- /�'
[Signatures and attestations continue on the following page.]
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 11 of 12
ATTEST:
GRANT
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.
ME
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY-14,0M)A
Date:
i 1�2
As authorized for execution by the Board of
County Commissioners at its f -e b E
20 -ri g_, regular meeting.
pwol' P�Ovu
V
County 'Attorney
BP/
12/l/21
TAUsers%patehSpecial Projects\American Rescue Plan\Municipalitics\ARPA - Interlocal between Seminole County and City of Sanford.doex
Attachments:
Exhibit A - Scope of Work
Exhibit B - ARPA Quarterly Progress Report Template
Exhibit C - Competitive Procurement Requirements
Interlocal Agreement between Seminole County and the City of Sanford
for American Rescue Plan Act Funding
Page 12 of 12
�
EXHIBITz�
SCOPE OF WORK
Seminole
1�o��*h��������
.~~~^^~^~ County�and the ~^�� of Sanford
Consolidated Assistance Program for the American Rescue Plan Act
Seminole County $374,901.50 TBD
TBD
Countywide
Sheriff's Office.
Countywide Mental
$124,967.17
TBD
TBD
Countywide
Health Partnerships
Non -Profit Grants
$16,645.63
TBD
TBD
Countywide
Individual Assistance
N/A
N/A
N/A
City Jurisdiction
Grants'
Only
Seminole State
N/A
N/A
N/A
Countywide
College Workforce
Training
Homelessness
$62,483.58
TBD
TBD
Countywide
Divers ion/Rescue
Outreach Mission 2
Broadband Study3
N/A
N/A
TBD
Countywide
TOTAL:
$578,997.88
I County will invoice cities on a monthly basis. Amount will include a 10% administrative fee
zAportinncfthefundsa|locatedtowardsHome|essneoDiversionviUsupportthe$3,O25,UOOappordunmentfor
Rescue Outreach Mission
'Nottoexceedrefectedamount.[ideswiUbeinvuicedonoefina|oostsaredeterminedaspartofthebroadband
study
Exhibit B
ARPA - Quarterly Progress Report
Project Title: Date
Contact Name:
Reporting Period:
Telephone:
ect Ubiective:
Plan: a summary of project accomplishments for the reporting period; a comparison of actual
accomplishments to goals for the period; if goals were not met, provide reasons why; provide an
update on the estimated time for completion of the task and an explanation for any anticipated
delays and identify by task.
Plans for Next Quarter:
Authorized Agent Signature:
** Quarterly progress reports must be completed each qUarter or Future Funding will be withheld"
Exhibit C — Competitive Procurement Requirements
The standards and procedures for purchases outlined in this Exhibit are intended to ensure that
goods and services acquired, in whole or in part with ARPA funds, are obtained as efficiently
and economically as possible through an open and competitive process, maximizing the value
of public funds.
SUBRECIPIENT must obtain a minimum of two (2) written quotes for purchases over FIVE
THOUSAND AND NO/100 DOLLARS ($5,000.00); email quotes are acceptable.
SUBRECIPIENT may not split purchases to award work to the same vendor resulting in an
avoidance of comply with the competitive requirements set forth herein.
For purchases over FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), SUBRECIPIENT
must utilize competitive bids or proposals and requests for bids or proposals must be written in
a way not to restrict competition. SUBRECIPIENT must provide a clear and accurate description
of the technical requirements for the goods and services to be procured; all requirements which
vendors must fulfill; and all other factors to be used in evaluating bids or proposals.
SUBRECIPIENT must keep detailed files, which include, at minimum, the following information:
• Basis for vendor selection
• An explanation for lack of competition when competitive bids or proposals were not
obtained
• Basis of award
PUBLIC WORKS & UTILITIES
TRANSMirrAL MEMORANDUM
TO: City Clerk's Office
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
R
Development Order
❑
F]
Final Plat (original mylars)
❑
F-1
Letter of Credit
F]
F-1
Maintenance Bond
E
F-1
Ordinance
EJ
❑
Performance Bond
F]
Resolution
F1
Once completed, please.
❑ Return original
❑ Return copy
El
Special Instructions:
Thank you!
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if y ti
,p�u-have any questions regarding the above.
Thank voul --/ )
From
03.10.22
Date