1945 Interlocal COS & Sem Co - 300' of breakwater walls/Marina Isleo(6
INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE
CITY OF SANFORD RELATING TO CONTRIBUTION OF BOATING
IMPROVEMENT FUNDS TO SUPPORT DESIGN, ENGINEERING AND
INSTALLATION OF STRUCTURAL REPAIR AND REPLACEMENT OF
300 FT. OF BREAKWATER WALLS AT MARINA ISLE
THIS AGREEMENT is entered into this J day of �� �� 1 , 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, subsection 328.70, 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, by Seminole County Resolution Number 98-R-244, COUNTY established
the Seminole County Boating Improvement Program; and
WHEREAS, Chapter 163, Florida Statutes, Section 163.0 1, 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
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
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 1 of 9
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 improve the Sanford Marina by providing structural
repair and replacement of 300 ft. of breakwater walls on Marina Isle, 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 established by Seminole
County Resolution Number 98-R-244 are incorporated herein and attached hereto as Exhibit A.
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, engineering, permitting and installation of structural repair and
replacement of 300 ft. of breakwater walls on Marina Isle, to be owned and operated by the CITY
and free use of which will be made to the public, as further described in the Boating Improvement
Program Application attached herein as Exhibit B.
COUNTY agrees to obligate and make available to CITY the approved Project amount of
FORTY-THREE THOUSAND FIVE HUNDRED FIFTY-THREE AND 42/100 DOLLARS
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 2 of 9
($43,553.42) 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, 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 December 31, 2018, unless this Agreement is otherwise amended or extended
by written agreement of the parties. This Agreement shall be effective upon execution by both
parties.
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-THREE THOUSAND FIVE HUNDRED FIFTY-THREE
AND 42/100 DOLLARS ($43,553.42) for the work described in the Project.
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 3 of 9
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. COUNTY's Leisure Services Department Financial Business Administrator,
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,
the 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.
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.
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 4 of 9
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
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.
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 5 of 9
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.
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 to, at a
minimum, the limit 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.
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 6 of 9
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:
Seminole County Leisure Services Department Director
100 E. 15` St., 01 Floor
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
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
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 7 of 9
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 in writing by
formal amendment hereto.
[The balance of this page is left intentionally blank.
Attestations on following page.]
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 8 of 9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day hereinabove first written.
Approved as to form and
Legal sufficiency.
Attorne
�-/I
ATT,F�S
t :r
V-TRT
`40—rk,to e •b;
��C. I sOners of
Semlmq),���-b q i Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
div
County Attorney JV
Attachments:
Exhibit A — Resolution 98-R-244
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By-.
JO GRAN, C airman
Date: l
As authorized for execution by the Board of
County Commissioners at their s-. ,
20_Z,6_ regular meeting.
Exhibit B — Boating Improvement Program Application
PHC/org
2/14/18
P-\Users\Legal Secretary CSB\Library&Leisure Services\2018\BIP Interlocal (Sanford) East-West Boat Basin Breakwater Project.doex
Boating Improvement Funds for Improvement of the
Marina Island East and West Boat Basin Breakwater Project
Page 9 of 9
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Seminole County Leisure Services Department
845 Lake: Markham Road
Sanford FL 32771
Application
COMPLETE THIS ORIGINAL FORM IN FULL AND PROVIDE ORIGINAL ATTACHMENTS
AND 9 COPIES BY FEBRUARY 28,2017 TO THE ABOVE ADDRESS.
_Sanford Marina Island East & West Boat Basin Breakwater Project
Project Name
City of Sanford
Name of Applicant/Organization
P.O.Box 1788
Street/P.O. Box
Sanford Fl. 32772-1788
City
State Zip
Robert Beall
Contact person managing program
407.688.5000 x5423
Telephone
407.688.5423
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): Sanford Marina East and West Boat Basins
531 North Palmetto Ave
Attach proof of ownership
3. Project Type (check one):
Acquisition Channel Marking
Development: X New Construction X Renovation Combination
4. List existing facilities and improvements on the project site: 4 boat ramps. 2 picnic shelters,
sidewalks, landscaping, directional and informational signage, 1000' of seawall.
5. Describe in detail the project for which you are applying, included projected time to complete project:
Provide structural repair and replacement 300' of breakwater walls on Marina Isle. This project request
includes design, engineering, permitting and installation. This project is needed to continue to provide
protection to the Marina basins from serious wave actions of Lake Monroe.
6_ List the new or additional types of boating facilities that will be provided by the project:
Approximately 300" of rehabbed breakwater walls.
7. What benefits will Seminole County residents receive from the project? The residents of
Seminole County will have an improved venue with safe access for the general public.
8. Project Budget:
Quantity Description Estimated Cost
FORM SCBIP-01 Page 1 of 2
Prosect Desiqn and installation
$300,000
Total: $300.000
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: $ $100,000
11. Who will be the potential users of the project? All County and City Residents as well as others visitors
to the area
12. What is the public support for the project? (List public meetings, surveys, organizations, etc.)
During all phases of the improvement projects to the Sanford Marina Island, 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 City Commission meetings. These additional
improvements are supported by City and County fishing and boating enthusiasts as well as the general
public who enloy the RiverWalk and Marina 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?
_yes no explain: Sanford Public Works, Parks and Grounds Operations Division will
provide site 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?
x yes no expla
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)
1 hereby certify that the information provided in this application is true and accurate to the best of my
knowledge.
Signature of Auth rized Bgpres ntative
Seminole County, Florida
Boating Improvement Program
2 • Z/. / -/7
Date
Page 2 of 2
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