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HomeMy WebLinkAboutSeminole County Florida Yards and Neighborhoods Program - 2013 10 14 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 this day of , 2013, 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 Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 1 of 8 shares for the PSAs are also being sought from other local governments and agencies in the Central Florida broadcast area; and 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 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's payment to COUNTY is due on January 1st of each year this Agreement is in effect. Section 3. COUNTY Responsibilities. (a) COUNTY shall provide a FYN coordinator to perform the Scope specified in Exhibit A. (b) COUNTY shall invoice CITY in the amount of FOUR THOUSAND AND NO/l00 DOLLARS ($4,000.00), subject to the adjustment specified in Section 5 below, each Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 2 of 8 October following execution of this Agreement by both the Chairman of the Seminole County Board of County Commissioners and the Mayor of CITY. (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 PSA's, 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 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 Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 3 of 8 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 5. 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 Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 4 of 8 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 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 Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 5 of 8 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 may be 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 invalid provision or application, and to this end the provisions of this Agreement are declared severable. Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 6 of 8 Section 13. Term. The term of this Agreement is five (5) years from the date of execution, and renews automatically at the end of the initial 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. IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement for the purposes stated herein. ATT ST• CITY OF WIN;``ER SPRINGS 4OP By: i.'1 LORENZO-LUACES,City Clerk C'nor"—LAC " o` Date: October 16, Pay [Balance of this page intentionally left blank;signatory page continues on page 8d Interlocal Agreement between Seminole County and City of Winter Springs For the Florida Yards and Neighborhood Program Page 7 of 8 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 2013,regular meeting. Approved as to form and legal sufficiency. County Attorney DGS/dre 09/30/13 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