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PLANNING 8e DEVELOPMENT SERVICES
'T MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
❑ Mayor's signature
❑ Recording
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
O—APL)L� -STb1AtJ <(
From
3- 31-QOII
Date
TADept forms \City Clerk Transmittal Memo - 2009.doc
AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF SANFORD
RELATING TO CONTRIBUTION OF BOATING IMPROVEMENT FUNDS
BOAT RAMP EXPANSION AND IMPROVEMENT
SANFORD MARINA
THIS AGREEMENT is entered into this / day of
�Ju« 20 by and between SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is 1101 E. 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 ").
W I T N E S S E T H:
WHEREAS, Chapter 328, Florida Statutes, subsection 328.70
provides that a portion of the funds received from boat license 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 163.01, 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
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
Page 1 of 10
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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
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 expand and improve the public boat
ramp at the Sanford Marina, 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.
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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The elements of the Project are identified as improvement and
expansion of the public boat ramp at the Sanford Marina.
COUNTY agrees to obligate and make available to CITY the approved
Project amount of EIGHTEEN THOUSAND FOUR HUNDRED FIVE AND N01100
DOLLARS ($18,405.00) 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 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 the Agreement.
Section 3. Statement of Work.
(a) 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
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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December 31, 2011, 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
EIGHTEEN THOUSAND FOUR HUNDRED FIVE AND N01100 DOLLARS ($18,405.00)
for the work described in the Project.
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. The
Greenways and Natural Lands Manager, 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, 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
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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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) 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
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
Page 5 of 10
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. 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 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.
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
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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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.
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.
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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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 Leisure Services
845 Lake Markham Road
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 would
violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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(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 50) 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.
(Signature Page Follows)
Boating Improvement Funds for Boat Ramp Expansion & Improvement
Sanford Marina
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the day hereinabove first written.
ATTEST:
Qx&-�K - Alm 6 vr4
P AN DOUGHERTY, & C erk
Approved as to form
legal &officiencv —
By?
Date:
BOARD OF COUNT O ISSIONERS
SEMINL�tM CO Y.�RIDA
MARYANNE
Clerk to
County C
Seminole
Chief Deputy By:
/Board of
ssioners of
nty, Florida
For the use and reliance
of Seminole County only.
Approved as to form and
legal suffj_ciency.
County &11orney
DALLARI, Chairman
Date:
As authorized for execution
by the Board f County Commissioners
at thei 20 /v _
regular meeting.
Attachment: '
Exhibit "A" - Resolution 98 -R -244
AEC /sjs
8/31/10
P: \Users \Legal Secretary CSB \Library &Leisure Services \Boating Improvement Funds - Sanford Marina.docx
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Sanford Marina
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