HomeMy WebLinkAboutSeminole County Animal Control Services (w Cities of Casselberry, Lake Mary, Longwood, Oviedo, Sanford, and Winter Springs) 2019 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY
AND
THE CITIES OF ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD,AND WINTER SPRINGS
FOR ANIMAL CONTROL SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into by and between
SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida,whose
address is Seminole County Services Building, 1101 E. 1st Street, Sanford, Florida 32771, in this
Agreement referred to as "COUNTY", and the following Florida municipal corporations: the
CITY OF ALTAMONTE SPRINGS, whose address is 225 Newburyport Avenue, Altamonte
Springs, Florida 32701; the CITY OF CASSELBERRY,whose address is 95 Triplet Lake Drive,
Casselberry,Florida 32707; the CITY OF LAKE MARY, whose address is 100 N. Country Club
Road,Lake Mary, Florida 32746; the CITY OF LONGWOOD,whose address is 175 W.Warren
Avenue, Longwood, Florida 32750, the CITY OF OVIEDO, whose address is 400 Alexandria
Boulevard, Oviedo, Florida 32765, the CITY OF SANFORD, whose address is 300 N. Park
Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS,whose address is 1126
E. State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY" or
"CITIES"
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes(2018), authorizes local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner, and
pursuant to forms of governmental organization,that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities; and
Interlocal Agreement between Seminole County and Municipalities CERTIHED COPY-GRANT NIALUC
for Animal Control Services CLERK OF THE MCUIT COM
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AND COMPTROLLER
SEIW19 LEC TY,F l.0 R,I DA
B DEPUTY CLERK
WHEREAS,Section 163.01(4),Florida Statutes,provides that public agencies of the State
of Florida may exercise jointly any power, privilege, or authority, which such agencies share in
common and which each might exercise separately; and
WHEREAS, COUNTY and CITIES are political subdivisions of Florida, which are
recognized as "public agencies" within the meaning of Section 163.01(3)(b), Florida Statutes
(2018); and
WHEREAS,the parties to this Agreement have the common power to regulate and control
animals within their respective geographic jurisdictions; and
WHEREAS,CITIES desire that Parts I and 11 of Chapter 20 of the Seminole County Code
(2018),which includes Sections 20.01-20.150 and is commonly referred to as the"Animal Control
Ordinance" be applicable within their geographic boundaries; and COUNTY is agreeable to
administering and enforcing these parts of Chapter 20, Seminole County Code, within the
geographic boundaries of the CITIES; and
WHEREAS, Section 1.4, Seminole County Home Rule Charter, asserts that municipal
ordinances prevail over County ordinances to the extent of any conflict; and
WHEREAS, Section 163.01(5), Florida Statutes (2018), provides that a joint exercise of
power by such public agencies shall be made by contract in the form of an interlocal agreement,
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between the parties and for the mutual benefit of
COUNTY and CITIES, and their respective citizens,the parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material part
of the agreement upon which the parties have relied.
Section 2. Purpose. The purpose of this Agreement is to provide for the applicability and
enforcement of animal control services as outlined in Parts I and 11 of Chapter 20,Seminole County
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Code, commonly referred to as the"Animal Control Ordinance"within the geographic boundaries
of CITIES.
Section 3. Definitions. The definitions listed in Section 20.01, Seminole County Code,
as they may be amended from time to time, apply to this agreement.
Section 4. COUNTY Responsibilities.
(a) Administrative Agent: COUNTY is designated as the party to administer this
Agreement by and through its departments and officers.
(b) Services Provided: COUNTY shall provide services pursuant to this Agreement as
specified in the Animal Control Ordinance of the Seminole County Code, as it may be amended
from time to time.
(c) Services to be provided at no cost: COUNTY shall provide to CITIES the services
described above at no cost. CITIES hereby authorize COUNTY and its designated officers and
agents to enter into the geographical limits of the CITIES for the purpose of taking custody of
animals, impounding these animals in the facilities of COUNTY,and performing any and all other
acts set forth in the Animal Control Ordinance.
(d) Duties and levels of service: No officer or department of COUNTY may perform
for the CITIES any function not within the scope of the duties of such officer or department in
performing the same kind of services for COUNTY. Except as otherwise stated in this Agreement,
COUNTY shall provide a level of services to CITIES that is the same basic level of services that
COUNTY provides for COUNTY's County-wide responsibilities. Rendition of service,standards
of performance, discipline of officers and employees, and other matters incident to performance
of service and control of personnel will remain with COUNTY. In the event of a dispute between
parties as to the extent of the duties and functions to be rendered in this Agreement, or the level or
manner of performance of such service,the County Manager of COUNTY is granted the authority
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to make the final and conclusive determination, except CITIES retain the exclusive right to
withdraw from or terminate this Agreement as provided in Section 21 prior to the initial date of
the dispute.
(e) Venue: Venue for enforcement of the COUNTY ordinance by COUNTY
employees shall be through the County Court, or in the Circuit Court of the Eighteenth Judicial
Circuit of Florida, in and for Seminole County, Florida or Animal Control Board and not the
CITIES' Code Enforcement Board or Special Magistrates.
Section 5. CITIES' Responsibilities.
(a) Cooperation: To facilitate performance under this Agreement, CITIES and their
officers, agents, and employees shall provide COUNTY their full cooperation and assistance.
(b) Municipal Ordinance Conflicts: In accordance with Section 20.02, Seminole
County Code,the governing bodies of CITIES shall repeal all municipal ordinances or portions of
them inconsistent with the Animal Control Ordinance. Alternatively, each respective CITY, and
not COUNTY, is responsible for enforcing any conflicting ordinance of that CITY within the
geographical boundaries of such CITY that maintains the conflicting ordinance. CITIES that adopt
inconsistent or conflicting provisions shall be responsible for enforcement.
Section 6. Liability. Each party to this Agreement, its officers, employees, and agents do
not assume and specifically disclaim any liability for the acts,omissions,or negligence of the other
party, its officers, employees, or agents, arising from or related to this Agreement except as
otherwise provided by this Agreement.
Section 7. Employee Status.
(a) COUNTY Employees: Persons employed by COUNTY in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of CITIES, nor do these employees have any claims to pensions, workers' compensation,
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unemployment compensation, civil service, or other employee rights or privileges granted to
CITIES' officers and employees either by operation of law or by CITIES.
(b) CITY EMployees: Persons employed by CITIES in the performance of services
and functions pursuant to this Agreement are deemed not to be employees or agents of COUNTY,
nor do these employees have any claims to pensions, workers' compensation, unemployment
compensation, civil service, or other employee rights or privileges granted to COUNTY's officers
and employees either by operation of law or by COUNTY.
Section 8. Notice. Any notice delivered with respect to this Agreement must be in writing
and will be deemed to be delivered, whether or not actually received, when (i) hand-delivered to
the persons designated below, (ii)mailed by UPS or FedEx, (iii) by electronic mail with read
receipt requested,or(iv)when deposited in the United States Mail,postage prepaid,certified mail,
return-receipt requested, addressed to the person at the address for the party as set forth below, or
such other address or to such other person as the party may have specified by written notice to the
other party delivered according to this section:
As to COUNTY:
County Manager
Seminole County Government
1101 E. 1st Street
Sanford, Florida 32771
As to CITY OF ALTAMONTE:
City Manager
City of Altamonte Springs
225 Newburyport Avenue
Altamonte Springs, Florida 32701
AS TO CITY OF CASSELBERRY:
City Manager
City of Casselberry
95 Triplet Lake Drive
Casselberry, Florida 32707
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AS TO CITY OF LAKE MARY:
City Manager
City of Lake Mary
100 N. Country Club Road
Lake Mary, Florida 32746
AS TO CITY OF LONGWOOD:
City Manager
City of Longwood
175 W. Warren Avenue
Longwood, Florida 32750
AS TO CITY OF OVIEDO:
City Manager
City of Oviedo
400 Alexandria Boulevard
Oviedo, Florida 32765
AS TO CITY OF SANFORD:
City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
AS TO CITY OF WINTER SPRINGS:
City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
Section 9. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida
govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and
venue for any legal action in connection with this Agreement will be in the courts of Seminole
County, Florida.
Section 10. Parties Bound. This Agreement is binding upon and inures to the benefit of
CITIES and COUNTY, and their successors and assigns.
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Section 11. Conflict of Interest.
(a) The parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with another party or parties,or that
would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida
Statutes(2018),as this statute may be amended from time to time,relating to ethics in government.
(b) Each party hereby certifies that none of its officers, agents, or employees have any
material interest, which is defined in Section 112.312(15), Florida Statutes (2018), as over 5%, as
this statute may be amended from time to time, either directly or indirectly, in the business of the
other parties to be conducted here, and that no such person will have any such interest at any time
during the term of this Agreement.
(c) Each party has the continuing duty to report to the other parties any information
that indicates a possible violation of this Section.
Section 12. Dispute Resolution. In place of the procedures in Chapter 164 of the Florida
Statutes,any party to this Agreement may notify the other party or parties,in writing,that it wishes
to commence formal dispute resolution with respect to any unresolved problem under this
Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil
Mediator for mediation, within sixty(60) days following the date of this notice. In the event that
any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court
of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as
provided in Section 9 above, is the sole venue for any such civil action. The parties further agree
that any such action will be tried to the Court, and the parties hereby waive the right to jury trial
as to such action.
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Section 13. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by all parties, except as
otherwise specifically provided in this Agreement.
Section 14. Assignment. This Agreement may not be assigned by any party without the
prior written approval of the other parties.
Section 15. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the parties that the
invalidity will not affect other provisions or applications of this Agreement that can be given effect
without the invalid provision or application, and to this end the provisions of this Agreement are
declared severable.
Section 16. Public Records Law.
(a) CITIES and COUNTY acknowledge each other's obligations under Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be
amended from time to time, to release public records to members of the public upon request.
CITIES and COUNTY further acknowledge that all parties are required to comply with Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be
amended from time to time, in the handling of the materials created under this Agreement and that
this statute controls over the terms of this Agreement.
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(b) Failure to comply with this Section will be deemed a material breach of this
Agreement, for which the non-breaching party may terminate this Agreement immediately upon
written notice to the breaching party.
Section 17. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Section 18. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only,do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 19. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
Section 20. Term of Contract. This Agreement shall remain in effect from the Effective
Date until such time as the parties elect to terminate this Agreement in accordance with Section
21 of this Agreement. However, termination or withdrawal of a CITY will not affect the
effectiveness of this Agreement between COUNTY and the remaining CITIES.
Section 21. Termination or Withdrawal. A party may terminate or withdraw from this
Interlocal Agreement with ninety (90) days' written notice, pursuant to Section 8 above, to the
non-terminating party(ies). Upon a CITY's termination or withdrawal of this Agreement, the
terminating CITY shall be responsible for animal control services within its geographic
boundaries.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
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. C" BOARD OF COUNTY COMMISSIONERS
,At EST, SEMINOLE COUNTY, FLORIDA
'r
By
Gk A T, ® ' BRENDA CAREY, Chairman
Clerk to the
County loners of )
Seminole County, Florida. Date:
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its
20 lq , regular meeting.
Approved as to form and
legal sufficiency.
Qs
County Attorney
MMH/lpk/org
1/25/19
T:\Users\Legal Secretary CSB\Animal ServicesAnterlocal Agreement with Municipalities for Animal Control Services Jan25(19).docx
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ATTEST: CITY OF ALTAMONTE SPRINGS
Gs
By:
ANGLf APPERSOq,eity Clerk PAT BAT S,Mayor
Date: 3 1/ 11
Approved as to form and
Legal s ciency.
4t 7p�Eia
J ME `SKIP'FO LER '
City ,ttorneyi?
'std;"d!;B!4RlWW
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Interlocal Agreement between Seminole County and Municipalities
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ATTEST. CITY OF CASSELBERRY
By:
DONNA G. GARDNER, City Clerk CHARLENE GLANC
or
Date:
Approved as to form and
Legal sufficiency.
zl_
CATHERINE D. REISCHMANN
City Attorney
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ATTEST: CITY FLAKE MARY
' B .
A. FOS a'ER, City Clerk D TD J. MEV,COR, Mayor
Date: as cl) Z
Approved as to form and
Legal sufficiency.
CATHERINE D. REISCHMANN
City Attorney
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ATTE$T: CITY OF LONGWOOD
F $y: ,`"
C G , City Clerk 1365rARIS, Mayor
Date: ��{t.I 1 Yr c
Approved as to form and
Legal sufficiency.
65� Z�", —
DANIEL LANLE
City Attorney
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ATTEST.- CITY OF OVIED
By:
BARBARA BA OUR, City Clerk DOWN ERSAMPIERE, Mayor
Date:
Approved as to form and
Legal sufficiency.
v -u'j'
0 ,
ERSAMPIERE, M
OT
City Attorney
07
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ATTEST: CITY OF SANFOt
B
TRACI HOUCHIN, City Clerk JEFF TRIPtEVV, Mayor
LA is 11 Ci
Approved as to form and
Legal sufficiency. A
gill
I J ROOT %I'
City Attorney
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ATTEST: CITY OF WINTER SPRINGS
By: 4"
ANDR A LORENZO-LUACES, City Clerk CHARLES LA;CEY-7, ayor
Date:
Approved as to form and
Legal sufficiency.
ANTHONY GARGANESE
City Attorney
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