HomeMy WebLinkAboutInterlocal Agreement Between Seminole County and Winter Springs -2014 02 10 INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS
FOR THE FLORIDA YARDS&NEIGHBORHOODS PROGRAM
THIS INTERLOCAL AGREEMENT, hereinafter referred to as the "Agreement", is
made and entered into by and between SEMINOLE COUNTY, a political subdivision of the
State of Florida, whose address is Seminole County Services Building, 1101 East 1st Street,
Sanford, Florida 32771, hereinafter referred to as the "COUNTY" and CITY OF WINTER
SPRINGS, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter
Springs,Florida 32708,hereinafter referred to as the"CITY".
WITNESSETH:
WHEREAS, COUNTY administers the Florida Yards and Neighborhoods Program
(FYN)through the University of Florida/Institute of Food and Agricultural Sciences Cooperative
Extension Service Office; and
WHEREAS, CITY has indicated its desire to continue to implement the FYN Program
within the CITY, as identified in the attached Scope of Work, attached hereto as Exhibit A,
(Scope); and
WHEREAS, in addition to the Scope the parties agree to share the cost of providing
funding for the production and ongoing broadcast of FYN-related Public Service
Announcements (PSAs), which will be broadcast on SGTV (Seminole Government Television)
and local network stations; and
WHEREAS, the frequency, broadcast times and length of broadcasts on local network
stations will be dependent on the number of local government and agency participants and cost
shares for the PSAs are also being sought from other local governments and agencies in the
Central Florida broadcast area; and
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page I of 8
WHEREAS, in order to receive Florida Department of Environmental Protection
(FDEP) pollutant load allocation credit (pollutant load reduction credit) for TMDL impaired
waterbodies, FDEP is requiring a five (5) year commitment to the FYN Program and therefore,
this Agreement is for a term of five (5) years, commencing on October 1, 2013 and ending on
September 30,2018 with provisions for renewal and termination thereafter; and
WHEREAS, the term of this Agreement is intended to coincide with the fiscal years of
the parties commencing October 1,2013,
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained herein by and between the parties and for the mutual benefit of COUNTY
and CITY, 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 this Agreement upon which the parties have relied.
Section 2. CITY Responsibilities. As compensation for COUNTY's performance of
the Scope, CITY shall pay COUNTY the sum of FOUR THOUSAND AND NO/100 DOLLARS
($4,000.00) per year for the FYN Program for a total of TWENTY THOUSAND AND NO/100
DOLLARS ($20,000.00) over the five (5) year term of this Agreement. Payment amounts in
future terms of this Agreement are subject to the provisions of Sections 5, 13 and 14 below.
CITY shall pay the annual amount to COUNTY within sixty (60) days following receipt of
COUNTY's invoice.
Section 3. COUNTY Responsibilities.
(a) COUNTY shall provide a FYN coordinator to perform the Scope specified in
Exhibit A.
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 2 of 8
(b) COUNTY shall invoice CITY in the amount of FOUR THOUSAND AND
NO/100 DOLLARS ($4,000.00), subject to the adjustment specified in Section 5 below, during
each year of the Agreement to allow CITY to make its annual payment timely pursuant to
Section 2 of this Agreement.
(c) As presented and reviewed by the Stormwater Technical Coordination Group, on
October 10, 2007, the services rendered to CITY by the FYN Coordinator and through the PSAs,
will be in the form of educational instruction and implementation for nutrient source control in
order to meet the regulatory requirements, goals, and objectives of the City's National Pollutant
Discharge Elimination System Permit (NPDES) and associated Total Maximum Daily Loads
(TMDL)regulatory compliance activities.
Section 4. Insurance Requirements. Each party shall maintain adequate insurance
coverage to protect its own interests and obligations under this Agreement.
Section 5. Adjustments in Payments. COUNTY's Public Works Department
Director is authorized to adjust the annual payment amount specified in Sections 2 and 3 above,
upon each five-year renewal of this Agreement as specified in Section 13 below. Any change to
the payment amount must be in writing and acknowledged by both CITY and COUNTY. If
CITY does not wish to pay the new payment amount or does not have funds available for the
new payment amount,CITY may terminate this Agreement as provided in Section 14 below.
Section 6. Indemnification.
(a) COUNTY expressly acknowledges and accepts its responsibility under applicable
law, and to the extent permitted by law, agrees to indemnify, defend and hold CITY harmless for
loss, damage, or injury to persons or property, arising out of or resulting from COUNTY's
performance of its responsibilities set forth in this Agreement, unless, however, such claim or
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 3 of 8
demand arises out of or results from the negligence of CITY, its servants, agents, employees, or
assigns. This provision is not to be construed as a waiver by COUNTY of its sovereign
immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes (2013), as the
statute may be amended from time to time.
(b) CITY expressly acknowledges and accepts its responsibility under applicable law,
and to the extent permitted by law, agrees to indemnify, defend and hold COUNTY harmless for
loss, damage, or injury to persons or property, arising out of or resulting from CITY's
performance of its responsibilities set forth in this Agreement, unless, however, such claim or
demand arises out of or results from the negligence of COUNTY, its servants, agents,
employees, or assigns. This provision is not to be construed as a waiver by CITY of its
sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes
(2013), as the statute may be amended from time to time.
(c) The principles of comparative negligence apply to loss, damage or injury as
specified in subsections (a) and (b) above where the negligence of both CITY and COUNTY and
their respective servants,agents,employees or assigns are involved.
(d) The parties further agree that nothing contained herein will be construed or
interpreted as denying to any party any remedy or defense available to such parties under the laws
of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and CITY beyond the
waiver provided for in Section 768.28,Florida Statutes (2013), as the statute may be amended from
time to time.
(e) The waiver of a provision in Section 4 by either party will not constitute the
further waiver of this provision or the waiver of any other provision of this Section 6.
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 4 of 8
Section 7. Notice. Any notice delivered with respect to this Agreement must be in
writing and be deemed to be delivered(whether or not actually received)when(i)hand delivered
to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States
Mail, postage prepaid, certified mail, return-receipt requested, addressed to the person at the
address set forth opposite the party's name below, or such other address or to such other person
as the party has specified by written notice to the other party delivered in accordance herewith:
As to COUNTY:
Outreach Coordinator
Public Works Department
Seminole County Services Building
1101 East 1st Street
Sanford, FL 32771
As to CITY:
Director
Public Works Department
1126 East State Road 434
Winter Springs, FL 32708
Section 8. Governing Law. The laws of the State of Florida govern the validity,
enforcement and interpretation of this Agreement. Seminole County is the sole venue for any legal
action in connection with this Agreement.
Section 9. Parties Bound. This Agreement is binding upon and inures to the benefit of
CITY and COUNTY,and their successors and assigns.
Section 10. Conflict of Interest.
(a) Each party agrees that it shall not engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this Agreement with the other party or
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 5 of 8
1 1
which would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida
Statutes,relating to ethics in government.
(b) Each party hereby certifies that no officer, agent or employee of that party has any
material interest (as defined as over 5% in Section 112.312(15), Florida Statutes (2013), as the
statute may be amended from time to time,) either directly or indirectly, in the business of the other
party to be conducted here, and that no such person will have any such interest at any time during
the term of this Agreement.
(c) Pursuant to Section 216.347,Florida Statutes(2013), as this statute maybe amended
from time to time, the parties hereby agree that monies, if any, received from the other party
pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any State
or federal agency.
(d) Each party has the continuing duty to report to the other party any information that
indicates a possible violation of this Section.
Section 11. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements, negotiations, and previous
agreements between the parties relating to the subject matter hereof.
(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 both parties, except as
otherwise specifically provided in this Agreement.
Section 12. Severability. If any provision of this Agreement or the application thereof
to any person or circumstance is held invalid,it is the intent of the parties that the invalidity does not
affect other provisions or applications of this Agreement which can be given effect without the
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 6 of 8
invalid provision or application, and to this end the provisions of this Agreement are declared
severable.
Section 13. Term. Notwithstanding the date of execution of this Agreement,the term of
this Agreement is five (5) years commencing on October 1, 2013 and ending on September 30,
2018. This Agreement renews automatically for a successive five-year term at the end of the initial
term and each succeeding five-year term unless terminated by COUNTY or CITY as provided in
Section 14 below.
Section 14. Termination. COUNTY or CITY has the right to terminate this
Agreement for convenience upon at least ninety(90) days prior, written notice to the other party
(the "Early Termination Date"). Notwithstanding any such election to terminate, each party shall
continue to pay all sums and perform all obligations on its part to be paid and performed
hereunder for the period up to the Early Termination Date. Each party may continue to enforce
against the other all rights and remedies relating to sums to be paid and obligations to be
performed by the other for the period up to the Early Termination Date. Notwithstanding any
such termination of this Agreement, each party will remain entitled to collect such sums and
enforce such obligations as may relate to the period prior to the effective date of such
termination.
Section 15. Execution Date and Effective Date. The Execution 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 signatories of the parties. The
Effective Date of this Agreement is retroactive to October 1, 2013, notwithstanding the
Execution Date. Each party confirms the other is current in its obligations under this Agreement
as of the Execution Date.
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 7 of 8
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement for
the purposes stated herein.
ATTEST: CITY OF WINTER SPRINGS
/
By:
► ! -t RENZO-LUACES,City Clerk C`fl E - 1%'�"i■-",Mayor
Date: Februa 0, 2014
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY,FLORIDA
By:
MARYANNE MORSE ROBERT DALLARI,Chairman
Clerk to the Board of
County Commissioners of
Seminole County,Florida. Date:
For the use and reliance As authorized for execution by the Board of
Seminole County only. County Commissioners at its
20 ,regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
DGS/dre
11/21/13
Attachment:
Exhibit A—Scope of Work
p:\users\dedge\my documents\agt\winter springs interlocal fyn program.doc
Interlocal Agreement between
Seminole County and City of Winter Springs
For the Florida Yards and Neighborhood Program
Page 8 of 8
Florida Yards & Neighbo hoods
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SCOPE OF WORK
CITY OF WINTER SPRINGS
FLORIDA YARDS & NEIGHBORHOODS
PROGRAM COORDINATION
October 1,2013—September 30,2018
Introduction
The Florida Yards & Neighborhoods (FYN) Program began as a partnership of the
University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS), Cooperative
Extension Service, Florida's Water Management Districts, the Florida Department of
Environmental Protection (FDEP), the National Estuary Program, the Florida Sea Grant
College Program, along with municipality and county utilities, numerous other non-
governmental agencies, members of private industry, and concerned citizens. FYN
addresses the serious problems of pollution, water shortages and disappearing habitats by
enlisting Floridians in the battle to save our natural resources. The program, which is
implemented through the counties' UF/IFAS Cooperative Extension Service offices,
provides environmental education and outreach activities in the community to help
residents reduce stormwater runoff conserve water and enhance their community by
improving home and landscape management. This integrated approach to landscaping
emphasizes nine interrelated principles:
1. Right plant,right place
2. Water efficiently
3. Fertilize appropriately
4. Mulch correctly
5. Attract wildlife
6. Manage yard pests responsibly
7. Recycling
8. Reduce stormwater runoff
9. Protect the waterfront
FYN is a University of Florida/IFAS educational program and not a regulatory agency;
however, the FDEP, the U.S. Environmental Protection Agency (EPA), the U.S.
Department of Agriculture(USDA)and local governments strongly support the program.
EXHIBIT A
1 of 4
Objectives
The FYN coordinator shall administer the FYN Program in the City of Winter Springs
from October 1, 2013, through September 30, 2018. The FYN coordinator will work
with the City of Winter Springs staff and Seminole County Public Works Department
Watershed Management Division to implement the FYN environmental education
program.
The FYN Program in the City of Winter Springs will be an integrated Program
Management between the Seminole County Public Works Department Watershed
Management Division, University of Florida, Seminole County Extension Office and
FYN Coordinator for Seminole County.
Scope of Work
• The FYN Coordinator shall implement the FYN Program in the City of Winter
Springs and shall provide the City of Winter Springs with monthly reports and a
final summary report at the end of each fiscal year to Zynka Perez, Stormwater
Utility Manager, Public Works Department, at zperezAwinterspringsfl.org or
City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708.
Specific tasks and deliverables covered by this agreement for the City of Winter
Springs are presented below.
Task Identification
The coordinator shall perform the following tasks:
1. Coordinate FYN office activities in Seminole County and maintain an office presence
for the program through personal participation. The office is located at the Seminole
County Extension office.
2. FYN Coordinator will handle standard office duties, keeping contact records,
maintain database of participants in FYN workshops, establish a FYN website,
conduct mail-outs and compile survey responses and help with FYN presentations,
coordinate events,publicity,reports, and invoices.
3. Assist the City of Winter Springs in meeting the goals and objectives of their National
Pollutant Discharge Elimination System Permit (NPDES) & Total Maximum Daily
Loads (TMDL's)
4. Help identify and work with appropriate City of Winter Springs staff, to establish
partnerships with the business community, local governments, environmental
agencies, civic and environmental organizations, and others.
5. Submit monthly progress reports by the fifth working day of the following month to
Zynka Perez, Stormwater Utility Manager, Public Works Department, at
EXHIBIT A
2 of 4
zperez@winterspringsfl.org or City of Winter Springs, 1126 East State Road 434,
Winter Springs, FL 32708.
6. Submit a summary report at the end of the fiscal year that includes a final program
assessment for all phases of the FYN Program to Zynka Perez, Stormwater Utility
Manager, Public Works Department, at zperezAwinterspringsfl.org or City of Winter
Springs, 1126 East State Road 434,Winter Springs, FL 32708.
7. Submit information upon request for articles and program updates to be included in
the City's publications and other approved publications and on the City's Web site
and provide information for press releases a minimum of two weeks in advance.
8. Coordinate and conduct one (1) FYN related workshop within the City of Winter
Springs.
9. Coordinate and conduct one (1) presentation at Homeowner Associations within the
City of Winter Springs.
10. Conduct up to two (2) Countywide BMP (Best Management Practice) 6 hour
Trainings. One will be in the fall and one in the spring.
11. Participate at one (1) event in the City that could promote FYN by utilizing a display,
handing out brochures/handouts and talking to citizens.
12. Implement an education outreach plan for the new "Fertilizer Ordinance," which
needs to be implemented by the end of 2013, per our NPDES Permit (posters, utility
bill inserts,brochures).
13. Distribute FYN flyers and brochures at all FYN functions.
14. Provide all necessary documentation needed for the annual NPDES report (Park
III.A.6) and create the necessary SOPs for the FYN Program required in the annual
NPDES report.
15. Track and provide per event and year-end report on amount of attendance /
participation and quantity of educational materials.
16. Provide all of the UF/IFAS FYN materials for FYN landscaping workshops, HOA
meetings, and City Hall.
EXHIBIT A
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Deliverables: For the purposes of this contract, all due dates will be the 5th day of the
following month unless otherwise stated.
Description Due Date
Submit monthly progress Reports October,November,December,
January, February, March, April,
May,June, July, August&
September
Submit an annual (end of each fiscal year) summary report September
Budget-$4,000.00 annually—October 1,2013—September 30,2018
p:\users\dedge\my documents\agt\winter springs fyn scope of work 2013.doc
EXHIBIT A
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