816-Boating Funds Agrmt 2004/05 AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF SANFOP~D RELATING TO
CONTRIBUTION OF BOATING IMPROVEMENT FUNDS FOR BOATING RELATED
FACILITIES (FY
THIS AGREEMENT is entered into this /~ day
subdivision of the State
by and between SEMINOLE COUNTY,
of Florida, whose address is 1101
Street, Sanford, Florida 32771, hereinafter
~COUNTY" and the CiTY OF SANFORD, a Florida
whose address is 300 N. Park Avenue,
hereinafter referred to as the ~CITY" in
approved under the Seminole County
(~Program").
WHEP~EAS, Chapter
provides that a portion of the funds
be returned to county government
markings and public launching facilities
activities; and
WHEREAS, by Seminole County
COUNTY established the Seminole
and
referred
municipal
Sanford, Florida
pursuance of a
Boating Improvement
of
a political
E. First
to as the
corporation,
32771,
project
Program
WITNES SETH:
327, Florida Statutes,
subsection 327.25
received from boat license fees
to provide recreation channel
and other boating related
Resolution Number 98-R-244, the
County Boating Improvement Program;
WHEREAS, Chapter
Interlocal Cooperation
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
163, Florida Statutes, Section 163.01, Florida
Act of 1969, subsection 163.01(4), provides
WHEi~EAS, Chapter 163, Florida Statutes, subsection 163.01(5),
provides that a joint exercise of power by such public agencies shall
be made by contract in the form of an interlocal agreement; and
WHEREAS, both COUNTY and CITY are ~public agencies" within the
meaning of Chapter 163, Florida Statutes, Section 163.01; and
WHEREAS, the CITY is planning to make marina improvements,
hereinafter referred to as the ~Project," and has requested funds held
by the COUNTY under the Program; and
WHEP~EAS, COUNTY is desirous of providing for this boating related
activity for citizens living throughout Seminole County and finds that
the public health, safety, and welfare will be served through the
construction of the Project by CITY; and
WHEREAS, COUNTY and CITY previously executed Agreements whereby
COUNTY awarded Boating Improvement Funds to CITY,
and COI/NTY and CITY
desire to execute another Agreement relative to the provision of an
additional FORTY THOUSAND TWO HUNDRED THIRTY AND N0/100 DOLLARS
($40,23O.OO)
NOW, THE~FORE, in consideration
agreements, and promises contained herein,
of FY 2004-2005 Boating Improvement Funds to CITY,
of the mutual covenants,
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
incorporated herein and attached hereto as Exhibit ~A".
Section 2. Obligations of COUNTY and CITY. The
construct the Project in accordance with
98-R-244 are
CITY agrees to
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 in the Project Description
which is attached hereto and incorporated herein as Exhibit ~B". The
CITY agrees to construct the Project in accordance with the Program.
COUNTY agrees to obligate and make available to the CITY the
approved Project amount of FORTY THOUSAND TWO HUNDRED THIRTY AND
N0/100 DOLLARS ($40,230.00) for the Project authorized by this
Agreement, subject to the terms of the Program. It is understood and
expressly agreed that said funds shall be used exclusively by CITY for
only those boating related facilities 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 Program. It is understood and expressly
agreed that the policies, procedures, terms, and conditions set forth
in the Program are made a part of this Agreement. The CITY
understands that there shall be no reimbursement of funds by the
COUNTY for any expenditure made prior to the execution of the
Agreement.
Section 3. Statement of Work.
(a) The CITY, in a manner satisfactory to the COUNTY, shall
perform or cause to be performed all work described or referred to in
3
Exhibit ~B". Such work shall be performed except as otherwise
specifically stated herein by persons or instrumentalities solely
under the domain and control of the CITY.
Section 4. Term. The COUNTY shall reimburse the CITY for the
work described in Exhibit ~B" performed or caused to be performed by
the CITY prior to December 31, 2005, subject to the terms of the
Program. All such work shall be performed in accordance with
applicable requirements of this Agreement and the Program.
Reimbursement or payment of funds to the CITY shall be contingent
thereupon. The CITY shall
on or before December 31,
complete all work described in Exhibit nB"
2005, 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. The
CITY shall be reimbursed by the COUNTY for costs in accordance with
the Program and applicable laws, rules, and regulations in an amount
not to exceed FORTY THOUSAND TWO HUNDRED THIRTY AND NO/100 DOLLARS
($40,230.00) for the work described in Exhibit "B".
Section 6. Payments.
(a) Payments to the CITY shall be on an invoice basis and
limited to the work provided in Exhibit ~B". Reimbursement for the
Project shall be requested on Project Reimbursement forms as provided
under the Program.
(b) Upon receipt of the above enumerated documentation, the
COUNTY shall initiate the payment process. Reimbursement to the CITY
shall be as soon as practicable in accordance with the terms of the
Program.
The Parks and Recreation Manager, designated as the 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) Ail disbursements by the CITY must be fully documented to
the COUNTY so as to be available upon request for inspection or audit
in accordance with the provisions of this Agreement, Program, and
Florida law, or as otherwise may be reasonably required by the COUNTY.
Section 7. Com~)liance with Local and State Laws. The 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.
Section 9. Maintenance of Records.
(a) The CITY shall, at a minimum, maintain all records required
by Federal, State, and local laws, rules, regulations, and procedures.
(b) The CITY shall maintain such records, accounts, property
and personnel records as deemed necessary by Florida law and the
COUNTY or otherwise typical in sound business practices to assure
proper accounting of
Project funds and compliance with this Agreement,
and the Program.
(c) Ail 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 the COUNTY or other Federal or State agency may
deem necessary. The 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. The 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.
Sectio~ 10. Liability. Except for reimbursement as specifically
set forth herein, the COUNTY shall not be liable to any person, firm,
entity, or corporation who contracts with or who provides goods or
services to the CITY in connection with the services hereunder, or for
debts or claims accruing to such parties against the CITY. The
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 the CITY as a result of 'this Agreement.
Section ll. Subcontracts. All contracts made by the CITY to
perform activities described in Exhibit ~B" shall comply with
6
applicable laws, rules, and regulations set forth in this Agreement
and the Program. Any additional work or services subcontracted
hereunder by the CITY shall be specified by written agreement and
subject to this Agreement and the Program.
Section 12. Indemnification.
(a) To the extent permitted by law,
harmless, and indemnify the COUNTY from
the CITY shall
and against
liability, loss, claims, damages, costs, attorney's fees,
of whatsoever kind, type, or nature which the COUNTY
suffer, or incur, or be required to pay by reason of
monies paid to the CITY or whomsoever resulting
defalcation, dishonesty, or failure of the CITY
defend, hold
any and all
and expenses
may sustain,
the loss of any
out of fraud,
to comply with
applicable laws, rules, or regulations; or by reason or as a result of
any act or omission of the CITY in the performance of this Agreement
or any part thereof; or by reason of a judgraent over and above the
limits provided by the insurance required hereunder; or by any defect
in the construction of the Project;
way or instance whatsoever.
(b) In the event that any
or as may otherwise result in 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, the COUNTY
shall provide notice in writing thereof to the CITY by registered or
certified mail addressed to the CITY at its address herein provided.
Upon receiving notice, the CITY, at its own expense, shall diligently
defend against the action, suit, or proceeding and take all action
7
necessary or proper
against the COUNTY.
therein to prevent the obtaining of a judgment
Section 13.
effect throughout the
insurance or a liability
Insurance. The CITY shall carry and maintain in full
force and
liability
minimum, the limit of liability set
Statutes, as may from time to time be azaended.
Section 14. Assignments. Neither
Agreement, nor any interest herein, without
of the other party.
Section 15. Headings. Ail articles
paragraphs in this Agreement
term of this Agreement, either
self-insurance program to, at a
forth in Section 768.28, Florida
party shall assign this
the prior written consent
and descriptive headings of
are inserted for convenience only and
shall not affect the construction or interpretation hereof.
Section 16. Termination. This Agreement may be terminated in
accordance with the terms and conditions set forth under the Program.
Section 17. Notice. Whenever either party desires to give
notice unto the other, notice may be sent to:
For COUNTY=
Director of Library and Leisure Services
264 W. North St.
Altamonte Springs, FL 32714
For CITY:
Mayor
City of Sanford
300 N. Park Ave.
Sanford, FL 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
for any reason whatsoever be held
provisions shall be null and void;
remaining covenants or provisions
way affect the validity of the
this Agreement.
Section 19. Conflict of Interest.
(a) The CITY agrees that it will
would create a conflict of interest
obligations pursuant to
against public policy, or shall
invalid, then such covenants or
shall be deemed separable from the
of this Agreement; and shall in no
remaining covenants or provisions of
not engage in any action that
in the performance of its
this 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) The CITY hereby certifies 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 the 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, the CITY
hereby agrees that monies received from the 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.
instrument constitutes the entire agreement between the parties
supersedes all previous discussions,
if any, between the parties relating
This
and
understandings, and agreements,
to the subject matter of this
9
Agreement. Amendments to and waivers of the provisions herein shall
be made by the parties in writing by formal amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day hereinabove first written.
CIT
DOUGHE~Y, Ci~ Clerk BRADY LES${ARD, Mayor
Date:
ATTEST:
~MORSE
Clerk to the Board of
County Con~nissioners of
Seminole County, Florida.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
Ch~rman
For the use and reliance
of Seminole County only.
Approved as to form and
1 ega~.s ~U~~
AC/lpk
10/27/04
boating improvement funds w Sanford
As authorized for execution
by the Board~of County Commissioners
at their ~ [[ , 20~
regular meet//ng.
Attachments:
Exhibit "A" - Resolution 98-R-244
Exhibit "B" - Project Elements
EXHIBIT A
RESOLUTION NO. 98-R- 244 SEMINOLE COUNTY, FLORIDA
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
BOARD OF COUNTY COMMISSIONERS OF SEMINOLE
COUNTY, FLORIDA, AT THEIR REGULARLY SCHEDULED
MEETING OF NOVEMBER 10, 1998.
WHEREAS, in accordance with Section 327.25, Florida Statutes,
the State of Florida collects vessel registration fees for those
vessels required by law to be registered in the State of Florida;
and
WHEBF2%S, said vessel registration fees have historically been
deposited in the Motorboat Revolving Trust Fund and have been
appropriated to the Florida Department of Environmental Protection
("FDE?") for grant funding to be provided to county governments;
~nd
WHEREAS, the FDEP created the Florida Boating Improvement'
Program to implement the allocation of said grant funds to county
governments; and
WHEREAS, in accordance with Section 327.25(16), Florida
Statutes, said grant funds are to be used for the sole purposes of
providing recreational channel marking and public launching
~acilities and other boating related activities, for removal of
vessels and floating structures deemed hazards to public safety
and health for failure to comply with Section 327.53, Florida
Statutes, and for manatee and marine mammal protection and
recovery; and
WHEPuT~AS, the Florida Legislature has recently amended Section
327.25(16), Florida Statutes, to provide for the deposit of vessel
registration fees into
the Marine
1
sxhibit .~A."
Resources Conservation Trust
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCU)T COURT
Fund and to provide that
county governments without prior appropriation to
WHEREAS, it is
Commissioners adopt the Seminole
Program to establish policies and
distribution of said vessel registration fees
Marine Resources Conservation Trust Fund,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SION-ERS OF SEMINOLE COUNTY, FLORIDA, THAT:
Section 1. Establishment of the Seminole
said fees be directly distributed to
the FDEP; and
necessary that the Board of County
County Boating Improvement
procedures for the lawful
received from the
COUNTY COMMIS-
County Boating
Improvement Progra~
The Board of
( "Board" ) hereby
Improvement Program
Section 2.
County Commissioners of
establishes the Seminole
("BIP").
Vessel Registration Fees
Seminole County
County Boating
(a) In accordance with Section 327.25(16), Florida
Statutes, vessel registration fees are collected by the Florida
Department of Highway Safety and Motor Vehicles ("FDHSMV") and
Trust Fund for
deposited in the Marine Resources Conservation
~istribution to counties.
(b) Seminole County ("County") shall receive vessel
registration fees from all vessels registered in Seminole County.
Vessel registration fees collected during the preceding fiscal
year shall be forwarded to the County by FDHSMV each July. The
County shall deposit said fees into an account'designated for the
BIP which shall be monitored by the County's Department of Library
and Leisure Services ("Department").
Section 3.
(a) The Board
projects or, at its
funds by municipal
municipal projects.
municipal
governments within the County for
The authorization for the use of BIP
governments within the County shall not exceed
Administration of t_he BIP
may utilize BIP funds for eligible County
sole discretion, may authorize the use of BIP
eligible
funds by
one-half
of the County's annual allocation with at least one-half being
reserved for County projects. If there are no applications
submitted that meet the requirements of the BIP, funds will revert
back for use on County projects. The BIP shall be administered by
the Board, through the Department, with review and recommendations
by the County's Parks and Recreation Advisory Board ("Advisory
Board"). The Department is authorized to develop procedures and
forms as may be required to implement the program. Projects will
be prioritized and recommended to the Board by the Advisor~ Board.
(b) In order to allocate project funding for County or
municipal projects, the Department shall include in its annual
budget request said projects and shall submit same for approval by
the Board. For Board approved County projects requiring
additional funding or a change in scope, the Department shall
prepare the necessary documentation including the proposed-changes
for approval by the Board.
(c) BIP funds may be used as the local cash matching
requirement for the Florida Recreation Development Assistance
Program, the Land and Water Conservation Fund Program, the Florida
Inland Navigation District Waterways Assistance Program, or such
other grant programs requiring a local cash match, provided that
3
the BIP funds are used for eligible project elements.
(d) Project Design and Construction.
(1) All projects shall be designed and constructed in
accordance with applicable Federal, State and local laws, rules,
regulations, and codes.
(2) The design or construction of any boat launching
facility shall not be located so as to pose a threat to other
boating or
consents,
obtained prior
project.
funding
equipment,
contracts.
(e)
exceeding
recreational activities on the water body it serves.
(3) Ail Federal, State and local permits, easements,
or other similar authorizations for a project shall be
to commencement of design and construction of the
(4) Project construction expenses eligible for BIP
include payments to vendors for purchase of materials,
rental of equipment, services, or lump sum labor
The Board may approve a project with an estimated cost
the amount of available BIP funds. In such cases, the
~mount of the project cost exceeding available BIP funds may be
eligible for reimbursement from the allocation for the next fiscal
year. However, any project so approved shall be subject to the
continued funding in accordance with Section 327.25(16), Florida
Statutes. The Board does not guarantee or pledge payment of the
balance in such cases and is not liable for any future
reimbursement or pledge should funds not become available.
{f) Any unspent BIP funds allocated to a specific' project
shall be returned to the appropriate account for future use on
County projects. Further, BIP funds not allocated in any fiscal
year shall be carried forward for use in subsequent years.
(g) The County shall maintain and keep records of all
projects receiving BIP funds. Completed projects shall be
included in the County's single audit report which shall be
forwarded annually, if required, to the FDEP. Upon completion of
a project, a municipality must submit a project completion
statement to the Department on a form approved by the Department.
Upon completion of a County project the Department shall file a
project completion statement in the project file. For municipal
projects, the municipality shall provide required materials as
delineated in the required project close out documentation form.
(h) Any project developed with assistance from BIP funding
shall be for the use and benefit of the general public. Upon
completion of a project, the County or a municipality shall
dedicate said project for public recreational use in perpetuity by
recording a Notice of Limitation of Use including said dedication
in the Public Records of Seminole County. The County and the
~unicipalities utilizing BIP funds for design or construction of
an eligible project shall be responsible for ensuring the
operation and maintenance of said project-for a period of 25 years
from the date of completion of the project.
(i) Projects funded in whole or in part by BIP funds shall
be
discriminatory
religion, sex,
If a fee is charged, it must be
administered and made available to the general public on a non-
basis regardless of residency, race, color,
national origin, age, handicap, or marital status.
the same for all users.
5
(j) A permanent identification sign or plaque which
the BIP as a source of project funding is required to be
at all completed projects where sign placement is feasible.
Section 4. BIP Funding for Municipal Projects
(a) Any County municipality may submit applications for
eligible projects meeting the requirements of the program. The
municipality must have resources available and accept the
maintenance of the project. A municipality requesting BIP funds
must submit a project application to the Department. Ail project
applications shall be reviewed and evaluated by the Department
with regard to eligibility of the proposed project, completeness
of the application, funding availability, the municipality's
compliance with previous project agreements, and County and/or
Department priorities.
{b) Subsequent to review and comment by the Department,
said municipality may request that a project application be
submitted to
recommendation
application is
credits
erected
shall prepare a project agreement for execution by the parties.
(c) A project agreement-is the required funding mechanism
to allocate BIP funding to a municipality for an eligible project.
(d) Unless otherwise specified in a project agreement,
project funding shall be only for those costs incurred subsequent
to the execution of the project agreement by the Board.
(e) The County shall disburse BIP funding to a municipality
only on a reimbursement basis and shall require completion of the
6
the Advisory Board for prioritization and
to the Board for consideration. If a project
approved by the Board, the County Attorney's Office
project 'in accordance with the terms and conditions as set forth
in the project agreement. No funds will be paid in advance.
Reimbursement for municipal projects shall be requested on Project
Reimbursement forms as applicable.
(f) A quarterly status report for each project shall be
submitted by the municipality on a project status report form
provided by the Department.
(g) Should a municipality desire to propose any changes to
a project agreement including, but not limited to, changes in
scope or funding of a project, said proposed changes must be
submitted in writing to the Department along with a statement of
justification for same. All changes to a project agreement shall
be, made by means of a written amendment to a project agreement
approved in the same manner as the underlying project agreement.
(h) The Department shal~ '~have the right to terminate a
project agreement and demand refund of BIP funds (plus interest at
the maximum rate authorized in the Florida Statutes) for non-
compliance with. the terms of this Resolution or the project
~greement. Failure of a municipality to comply with the
provisions of this Resolution or a project agreement may result in
the Board declaring-the municipality ineligible for participation
in the BIP until a time certain and/or under certain conditions as
designated.
(i) A municipality
agreement shall refund to
accrued thereupon prior
desiring to terminate a project
the County all BIP funds plus interest
to County executing said termination.
7
(2)
(3)
regulation or
(4)
Section 5. Projects Eliqible for BIP Funding
(a) BIP funds shall be used for those projects which
improve recreational boating for the public in accordance with
Section 327.25(16), Florida Statutes, for the purpose of providing
recreational channel marking and public
other boating-related activities, for
floating structures deemed a hazard to
for failure to comply with Section 327.53,
for manatee and marine mammal protection and
(b) BIP funds may be used for those
acquisition, design, construction, and completion of
project including, but not limited to, the expansion,
repair or installation of the following:
(1) Launching facilities;
Recreational channel lights and markers;
Waterway and related signs and buoys for
information;
Docking and mooring facilities;
launching facilities and
removal of vessels and
public safety and health
Florida Statutes, and
recovery.
costs associated with
an eligible
renovation,
safety,
(5) Access roads and ~arking for boating facilities;
(6) Channel dredging;
(7) Boating related support facilities and utilities
such as restrooms, lighting, picqic pavilions, landscaping, water,
sewer, and electrical;
(8) Artificial fishing reefs in State waters (design,
construction, transportation, installation, marking, research, and
rip-rap,
monitoring); and
(9) Bulk head,
and seawall construction.
(c) Expenses that are ineligible
tools, equipment, boats, motors, office
law enforcement and safety equipment, and
materials not used exclusively for a project.
ADOPTF~D this 10
ATTEST:
MORSe'
C~er~¢ to the Board of
County Commissioners of
Seminole County, Florida
10/28/98
for BtP
furniture and
contract
funding include
supplies,
labor and
day of November
1998.
BOARD OF COUNTY COMMISSIONERS
SF~kINOLE COUN~, FLORIDA
~ARLT'ON H~NLEY , ~CHAIP~AN
EXHIBIT B
SEMINOLE COUNTY BOATING IMPROVEMENT PROGRAM
Sanford Public Works Department
Sanford Parks and Grounds Operations Division
Lighting - Boat Ramps and Parking lot for Riverskip Romance.
Boat Ramps and boat trailer parking at Ramps:
Replace (3) existing lights on existing poles including
conduit and wiring.
$ 3,800.00
Northeast Boat & Trailer Parking Lot; (currently no lighting)
Install (1) new pole and
(2) new lights including conduit and wiring.
$ 1,800.00
Parking area for Docks & Rivership Romance:
Replace (3) existing lights on existing poles including
conduit and wiring.
$ 5,000.00
Sidewalk safety-sidewalks east of Rivership Romance Parking Lot:
Repair seawall leakage and remove and replace broken and
uneven 8' wide by 250' long sidewalk area.
22,250.00
770 lfof fencing replacement w/bottom rail along east &west marina seawall $ 7,380.00
Total 2004 Funding Request $40,230.00