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706-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 4 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 2/24/98 ' 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 2/24/98 ( 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 2124198 ' 8 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 2/24/98 _ 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: 2/24/98 10 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 2/24/98 11 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 2/24/98 ' 12 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 2/24/98 13 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 14 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 2/24/98 15 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 2/24/9e 17 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. 2/24/98 18 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 2124/98 19 OH ~{3IA3B . OH HOSI3~ { 0 0 (D 0 0 0 0 0 0 0 0 0 0 cO 0 aO 0 LO i~, CO 0 0 0 0 0 (D 0 0 0 r X '0 a 0 0 C) 0 0 0 0 0 0 0 _z o o o :C W W W 0 0 = ~ 0 r,_) = o 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.