764-1c Seminole Local Surtax SEMINOLE COUNTY AND CITY OF SANFORD
RELATING TO FUNDING OF DESIGN THROUGH CONSTRUCTION
OF CERTAIN CITY STREETS: ( as defined in Exhibit "A")
THIS INTEKLOCAL AGREEMENT, is made and entered into this ~ Io day of
FH 12:32
,1999, by
and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address
is the Seminole County Services Building, 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 Sanford City Hall, 300 North Park Avenue, Sanford, Florida 32772
(hereinafter referred to as "SANFORD" )
WITNESSETH:
WltEREAS, in April and May of 1991 the COUNTY entered an Interlocal Agreement with
four (4) municipalities within Seminole County (the Cities of Altamonte Springs, Lake Mary,
Sanford and Winter Springs) which Interlocal Agreement is entitled the "Seminole County
Transportation Plan Interlocal Agreement" and relates to road projects to be funded with local
government infrastructure sales surtax proceeds; and
WHEREAS, the said Seminole County Transportation Plan Interlocal Agreement was
amended by the parties thereto on August 30, 1996 (the Interlocal Agreement, as amended, will be
referred to hereinafter as the "1991 Interlocal Agreement"); and
WHEREAS, SANFORD is a party to the 1991 Interlocal Agreement, and is bound by the
terms of the 1991 Interlocal Agreement by the applicable provisions of State law; and
WHEREAS, "Traffic Operations and Capacity Improvements To Be Designated"
(hereinafter the "Road Improvement Projects" or Projects") is listed as a road improvement project
to be accomplished with local government infrastructure sales surtax proceeds for SANFORD in the
CERTIFIED COPY
MARYANNE MORSe
CLERK OF CIRCUIT COURT
SEMINOLE COUNT~, FLORIDA
total amount of FIVE MILLION EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS
($5,800,000.00); and
WHEREAS, the SANFORD Road Improvement Projects are, pursuant to the 1991 Interlocal
Agreement, to be implemented by SANFORD which implementation shall include any and all
phases and aspects of the Projects from planning and design through construction and
operation; and
WHEREAS, the COUNTY and SANFORD desire to cooperate with regard to
accomplishing the SANFORD Road improvement Projects for the benefit of the citizens of Seminole
County and the City and require a mechanism to provide funds from the local government
infrastructure sales surtax consistent with the terms of the 1991 Inteflocal Agreement which are,
have been, or will be on deposit with the COUNTY and which have been or will be incrementally
transferred to SXNFORD in order that SANFORD can effectively implement the SANFORD Road
Improvement Projects: and
WHEREAS, the streets that are the subject of this Interlocal Agreement; to wit: St. Johns
Parkway, Jewett Lane, RandYard Road, and others as described in Appendix "A", are city streets,
as defined in Section 334.03(3), Florida Statutes, which are part of SANFORD's City Street System;
and
WItEREAS, this InterlOcal Agreement serves a public purpose and is authorized pursuant
to the provisions of Chapters 125, 163 and 166, Florida Statutes, and other applicable law.
NOW, THEREFORE, in consideration of the premises and the promises, covenants,
agreements and commitments contained herein and other good and valuable consideration, the
receipt, adequacy and sufficiency of which are hereby acknowledged as to both parties, the parties
agree as follows relative to the funding of the SANFORD Road Improvement Projects by the
COUNTY Local Option Infrastructure Sales Tax proceeds and the full implementation of the
SANFORD Road Improvement Projects by SANFORD.
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SECTION 1. RECITALS. The above recitals are true and correct and form a material part
of this Interlocal Agreement upon which the parties have relied.
SECTION 2. TERM This Interlocal Agreement shall become effective upon approval by
the governing bodies of the COUNTY and SANFORD and shall remain in effect through contract
close out between SANFORD and all of its contractors relative to the SANFORD Road
Improvement Projects.
SECTION 3. FINANCIAL OBLIGATION OF THE COUNTY. The total financial
obligation of the COUNTY under this Interlocal Agreement is that the COUNTY shall reimburse
SANFORD for legitimate and documented expenses as expressed in SANFORD's contractual
agreements with respective road improvement contractors or other contractors and consultants for
the SANFORD Road Improvement Projects consistent with the terms of this Interlocal Agreement
up to the total sum of FIVE MILLION EIGHT HUNDRED THOUSAND AND N0/100 DOLLARS
($5,800,000.00) subject to availability of funds. TWO MILLION NINE HUNDRED THOUSAND
AND N0/100 DOLLARS ($2,900,000.00) of said amount is projected to be available in the
COUNTY fiscal year 1999/2000 for the advancement of the SANFORD Road Improvement
Projects. The remaining TWO MILLION NINE HUND~D THOUSAND AND N0/100
DOLLARS ($2,900,000.00) of said amount is projected to be available in the COUNTY fiscal year
2000/2001 for the advancement of the SANFORD Road Improvement Projects. Said funds shall be
solely and exclusively derived from the COUNTY's infrastructure sales surtax and utilized for the
purposes of road improvements relating to the SANFORD Road Improvement Projects and not
collateral programs or projects and not programs or projects which may be accomplished
simultaneously with or in conjunction with or as a result of the SANFORD Road Improvement
Projects; provided, however, that intersection improvements to roads intersecting the Projects may
be accomplished and shall be deemed eligible for reimbursement funding pursuant to this Interlocal
Agreement; provided, further, however, that this exclusion is intended to disallow expenditures
which pertain or relate to work not directly related to the SANFORD's Road Improvement Projects.
In the event that SANFORD is entitled to any development corcanitments for or related to the
SANFORD Road Improvement Projects, it shall use such funds for right--of-way and other directly
related costs for the projects not reimbursed under this agreement. Sanford may advance fund the
SANFORD Road Improvement Projects prior to the availability o f funding on a reimbursement basis
as set forth herein and, in such event, the invoices shall be reviewed and approved by the County
Engineering Division to determine whether the reimbursement is consistent with the terms and
conditions of this Interlocal Agreement prior to SANFORD making a payment based upon an
invoice. If the invoice is approved, the sum set forth in the invoice shall be reimbursed by the County
upon funds becoming available consistent herewith subject to the maximum amount of
reimbursements as set forth herein.
SECTION 4. PLENARY STATUS OF SANFORD ROAD IMPROVEMENT
PROJECTS. For all purposes the S .ANFORD Road Improvement Projects all as generally described
and cost estimated in the attached Exhibit) shall be solely and exclusively projects of SANFORD.
SANFORD shall determine the typical sections, design standards, right-of-way limits, and allrelated
and similar m~ttters for the Projects consistent with State law and the terms of this Interlocal
Agreement; provided, however, that the Projects shall be consistent with the improvement schedule
set forth as an exhibit to the 1991 Interlocal Agreement (operational, safety, drainage, etc.
improvements). The parties desire to cooperate in the successful implementation of the Projects, but
the COUNTY's actions pursuant to this Lnterlocal Agreement and all other matters that the COUNTY
may accomplish relative to the Projects shall be for the COUNTY's purposes and not SANFORD's
and the COUNTY shall not be deemed a partner or co-venturer as to the Projects or any portion or
part of the Projects. SANFORD shall implement the Projects through the use of in-house or
contractual services with regard to design, permitting, value engineering, right-of-way acquisition,
construction, maintenance of access and traffic, landscaping, and construction engineering and
inspection as well as any and a11 related services and activities in any way associated with the
Projects.
SECTION 5. SANFORD'S DUTIES. In addition to ail other covenants, obligations, duties
and responsibilities set forth herein, during the course of this Interlocal Agreement SANFORD shall:
(a) Provide for anY and all services necessary from design through construction of the
SANFORD Road improvement Projects in accordance with the current version(s) of the Florida
Department of Transportation's "Manual of Uniform Minimum Standards
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For Design, Construction And Maintenance For Streets And Highways" and the Florida Department
of Transportation's "Standard Specifications For Road And Bridge Construction", as amended and
any and all other applicable provisions of law and sound and generally accepted engineering
standards.
Co) Award, enter, administer and supervise all design, planning, surveying, appraising,
environmental auditing and remediation, negotiating, value engineering, right-of-way acquisition,
legal activities, condemnation, permitting, construction, landscaping inspection, access and traffic
maintenance, and any and all construction and project related contracts necessary in any way to
accomplish the ultimate construction of the SANFORD Road Improvement Projects in accordance
with the plans and contract documents; provided, however, that such efforts shall be coordinated
with the Seminole County Engineer_
(c) Review and approve all payment requests submitted for labor, materials or services used
in the implementation of the SANFORD Road Improvement Projects and provide copies of same
to the COUNTY within seven (7) calendar days after receipt of same. Invoices for COUNTY
reimbursement shall be submitted to the COUNTY's Engineering Division, with a copy to the
COUNTY's Comprehensive Planning Division to the attention of the Capital Programs Analyst.
(d) Obtain any and all necessary lien waivers or releases in connection with payment requests
or disbursements.
(e) Furnish to the COUNTY a full and final accounting of all costs and disbursements in
accordance with generally accepted accounting and auditing principles.
(f) Obtain any and all local, regional, State and Federal permits necessary for the SANFORD
Road Improvement Projects.
(g) Obtain "as built", surveys by a Florida licensed land surveyor for the SANFORD Road
Improvement Projects.
(h) Make any and all timely and proper payments of accurate and payable valid invoices
received from any and all contractors or subcontractors.
" (i) Provide the COUNTY with a copy of all contracts, design plans, right-of-way maps,
construction plans and "as built" surveys on reproducible mylar material.
6. COUNTY'S DUTIES. During the Course of this Interlocal Agreement the COUNTY shall:
(a) Review copies of invoice or payment requests and disbursement records delivered by
SANFORD to the COUNTY and notify SANFORD within fifteen (15) business days of any
objections to same.
Co) Subject to the review period, the not-to-exceed amount and the terms and conditions set
forth herein, reimburse SANFORD for the actual authorized and payable costs as set forth in
SANFORD's contractual agreements with respective road improvement contractors or other
contractors and consultants for the SANFORD Road Improvement Projects consistent with the terms
of this Interlocal Agreement through construction completion of the SANFORD Road Improvement
Projects. Payments shall be made within twenty (20) calendar days of receipt by the COUNTY of
an invoice from SANFORD indicating amounts payable by SANFORD to contractors or
subcontractors working on the Projects.
(c) Cooperate with SANFO .RD to the extent reasonably practicable in the review of plans,
permits or other matters relating to the Projects.
(d) Serve as administrator of the 1991 Interlocal Agreement and the Transportation Plan and
improvements ~chedule set forth therein, including, but not limited to, providing for interpretations,
reasonable enforcement and implementation, and determinations of fund availability as may be
required.
SECTION 7. REMEDIES. Each party shall have any and all remedies as permitted by law;
provided, however, that the parties agree to provide for positive dialogue and communications if
disputes or disagreements arise as to the interpretation or implementation of this Interlocal
Agreement and agree to comply with the alternative dispute resolution processes set forth in any
interlocal agreement relating to said subject.
SECTION 8. FORCE MAJEURE. In the event any party hereunder fails to satisfy a
requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God or
force majeure then said party shall not be in default hereunder.
SECTION 9. BINDING EFFECT. This Interlocal Agreement shall be binding upon and
inure to the benefit of the parties hereto and the successors in interest, transferees and assigns
of the parties.
SECTION 10. ASSIGNMENT. This Inteflocal Agreement shall not be assigned by either
party without the prior written approval of the other.
SECTION 11. PUBLIC RECORDS. SANFORD shall allow public access to all
documents, papers, letters or other materials which have been made or received by SANFORD in
conjunction with this Interlocal Agreement or the SANFORD Road Improvement Projects.
SECTION 12. RECORDS AND AUDITS. SANFORD shall maintain in its place of
business any and all books, documents, papers and other evidence pertaining to work performed
under this Interlocal Agreement. Such records shall be available at SANFORD's place of business
at all reasonable times during the term of this Interlocal Agreement and for so long as such records
are maintained thereai5er. Records shall be maintained in accordance with State law and generally
accepted accounting and auditing principles.
Remainder of this page is intentionally let5 blank
For the COUNTY:
SECTION 13. NOTICES.
(a) Whenever either party desires to give notice unto the other, notice may be sent to;
County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
with copies to:
County Engineer
Reflections Plaza
520 Lake M.ary Boulevard, Suite 200
Sanford, Florida 32773
Capital Programs Analyst
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For SANFORD:
City Manager
SANFORD City Hall
300 North Park Avenue
SANFORD, Florida 32772
(b) Either of the parties may change, by written notice as provided herein, the addresses or
persons for receipt of notices or invoices as described in Section 5 (c). All notices shall be effective
upon receipt.
SECTION 14. INDEMNIFICATION. SANFORD hereby agrees to fully indemnify, save
and hold the COUNTY harmless from and against any and all damages, expenses, losses, claims,
injuries and liabilities arising or resulting from or in connection with SANFORD's or its officers,
employees, agents, successors or assigns, actions or activities relating in any way to the SANFORD
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Road Improvement Projects, and any and all claims and actions brought by third parties resulting
from or arising in connection with the Projects. SANFORD agrees to hold harmless, indemnify and
defend the COUNTY, its commissioners, officers, employees and agents against any and all claims,
losses, damages, or lawsuits for damages, arising in any way whatsoever from, allegedly arising
from, or related to the Projects or in any way related to the use of the Projects as the subject
roadways are part of SANFORD's City Street System. To the extent required by law, if specific
consideration for the indemnification provided herein is required to be given by the COUNTY to
SANFORD then ONE AND NO/100 DOLLARS ($1.00) of the value for the consideration set forth
in this Interlocal Agreement shall be deemed to be such specific consideration. SANFORD
acknowledges the adequacy and sufficiency of said specific consideration. SANFORD and it's
successors and assigns covenant not .to sue the COUNTY for any act or omission relating in any way
to the construction of the Projects or the use of the completed Projects. SANFORD does not hereby
waive any of its rights or entitlements under the doctrine of sovereign immunity or any procedural
safeguard relating thereto.
SECTION 15. CONFLICT OF INTEREST. SANFORD 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 Interlocal Agreement with the COUNTY or which would violate or cause others to violate the
provisions of Part 111, Chapter 112, Florida Statutes relating to ethics in government.
SECTION 16. EQUAL OPPORTUNITY EMPLOYMENT. SANFORD agrees that
it will not discriminate against any contractor, employee or applicant for employment or work under
this Interlocal Agreement because or on account of race, color, religion, sex, age or national origin
and will take affirmative steps to insure that applicants are employed and employees are treated
during employment without regard to race, color, religion, sex, age or national origin. This provision
shall include, but not be limited to, the following: retention; award of contracts; employment;
upgrading, demotion or transfer; recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, and the prohibition of sexual harassment.
SECTION 17. COMPLIANCE WITH LAWS AND REGULATIONS. In performing
under this Interlocal Agreement, the parties shall abide by all laws, statutes, ordinances, rules, and
regulations pertaining to, or regulating the performance set forth herein, including those now in
effect and hereafter adopted. Any violation of said laws, statutes, ordinances, rules, or regulations
shall constitute a material breach of this Interlocal Agreement, and shall entitle the non-violating
party to terminate this Interlocal Agreement immediately upon delivery of written notice of
termination to the violating party.
SECTION 18. EMPLOYEE STATUS.
(a) Persons employed or retained by SANFORD in the performance of services and functions
pursuant to this Interlocal Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or Other employee rights or privileges granted to the
COUNTY's officers and employees either by operation of law or by the COUNTY.
(b) SANFORD assumes total and plenary responsibility for salaries, employment benefits,
contractual rights and benefits, contract payments, and Federal, State and local employment taxes,
if any, attributable to SANFORD personnel and agrees to indemnify and hold the COUNTY
harmless from any responsibility for same. SANFORD also agrees to place this provision in all
contracts and agreements with its agents and contractors pertaining to the SANFORD Road
Improvement Projects such that its agents and contractors shall assume all such liability and shall
indemnify and hold SANFORD and the COUNTY harmless from any and all such costs and
liability.
SECTION 19. HEADINGS. Ali sections and description headings in this Intedocal
Agreement are inserted for convenience only, and shall not affect the construction or interpretation
hereof.
SECTION 20. ENTIRE AGREEMENT. This Interlocal Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof, and may not be modified or
amended except by a written instrument equal in dignity herewith and executed by the parties to be
bound thereby.
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SECTION 21. COUNTERPARTS. This Interlocal Agreement may be executed in any
number of counterparts each of which when executed and delivered, shall be an original, but all
counterparts shall together constitute one and the same instrument.
IN WITNESS WltEREOF, the parties hereto have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
erty, citY(~lcrk ~
For the use and reliance
of City Of SANFORD only.
Approved as to form and
legal sgfficiency. ~
City Attorney'"'
CITY~.,~ANF 0~~'~~
0,, / qq q
ATTEST:
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.
F:\SHA_ENGXEngr-FilesXlNTERLOCAL-AGMTS\inter3.wpd
BOARD OF COUNTY COMMISSIONERS
S EM~OLSCLUNTY, ¢ORi~A.,
CARLTON HE~EY, C~~
As authorized for execution by
· e Bo~d of Co~W Co~is-
sionem at ~r regul~
meeting of:~ . { 0 1999.
'U
EXHIBIT "A"
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ROAD PROJECTS FOR iNCLUSION
iN THE COUNTY ONE--CENT SALES TAX PROGRAM
The following road improvements, including associated engineering and design, drainage, and
sidewalks, are eligible projects under the County's One-Cent sales Tax Program up to a total of $5.8
million.
Project
1. East West Connector
(2 lane rural section, three portions totaling -1.25mile)
St John Pkwy to Upsala Road ]
Lockhart Smith Canal to Bevier Road (Jewett Lane)
Bevier Road to Airport Boulevard (Jewett Lane)
Total Estimated Project Cost
Design $ 370,000
ROW $1,005,000
Construction $2,425,000
Subtotal $3,800,000
2. Capacity Improvements for:
$2,000,000
a) Downtown Sanford Circulation System
b)
Airport Boulevard Extension approximately 1.6 miles
collector road from SR46 at BeVier Road to CR 15)
(These improvements will be designated by SANFORD and submitted to the County
Engineer for review and approval. Upon County Engineer approval, these Traffic and
Capacity improvements will be included in this Exhibit and associated Interlocal
Agreement.)
Total $5,800,000
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PUBLIC WORKS DEPARTMENT
ENON ERINC;
August 31, 1999
Mr. Robert J. Walter, P.E.
City Engineer
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
RE: Interlocal Agreement for Use of 1 Cent Sales Tax Funds
Dear Mr. Walter:
Transmitted herewith for your files is a fully executed certified copy of
referenced agreement.
Thank you for your assistance in this matter. If you have any questions,
please feel free to contact me.
Sincerely,
JM/dr
Attachment
SEMINOLE COUNTY
J McCollum, P.E.
Colinty Engineer
CC:
Henry M. Brown, Assistant County Attorney
KeVin Fall, Capital Programs Analyst - Planning & Development Dept.
Pam Hastings, Administrative Manager, Department of Public Works
520 West Lake Mary Boulevard Suite 200 Sanford FL 32773-7424 Telephone (407) 665-5674 Fax (407) 665-5789