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HomeMy WebLinkAbout2013 10 14 Consent 302 Florida Yards and Neighborhoods Program Agreement COMMISSION AGENDA     Informational Consent X ITEM302 Public Hearings Regular       October 14, 2013KSKL Regular MeetingCity ManagerDepartment         REQUEST: The Public Works Department / Stormwater Division Requests City Commission authorization to enter into an Agreement with Seminole County for participation in the Florida Yards and Neighborhoods Program and to fund the five-year program from the Stormwater Utility Fund in the amount of $20,000 ($4,000 per year).   SYNOPSIS: The Florida Yards and Neighborhoods Program (FYN) is a public environmental educational program administered by Seminole County through the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS).  City participation in the FYN Program offers an opportunity to cost effectively meet the City's obligation to obtain Florida Department of Environmental Protection (FDEP) pollutant load reduction credits towards the City’s Lake Jesup Total Maximum Daily Load (TMDL) allocation.  CONSIDERATIONS:   The Florida Yards and Neighborhoods Program (FYN) is a public environmental  education program administered by Seminole County through the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS) Cooperative Extension Service Office.   At the November 24, 2008 City Commission meeting, the Commission approved an  agreement with Seminole County for participation in the Florida Yards and Neighborhoods Program (FYN) for five years from 2009-2013.  That agreement expired in September 2013.  This agenda item is for a new agreement that will run from October 2013 through September 2018, at a cost of $4,000 per year, or $20,000 Consent 302 PAGE 1 OF 4 - October 14, 2013 for the five-year contract term.   City participation in the FYN Program offers an opportunity to cost effectively obtain  the City's required Florida Department of Environmental Protection (FDEP) pollutant load reduction credits towards the City’s Lake Jesup Total Maximum Daily Load allocation.  The City’s Lake Jesup TMDL allocation requires a reduction in the total quantity of phosphorous in surface water (stormwater) discharging to Lake Jesup in a given year.  FDEP has committed to providing a 3% reduction in a city’s allocation for participating in the FYN Program.  An additional 2% reduction is available if a city participates in FYN and adopts a series of local land development codes or ordinances that require improved practices in landscaping, irrigation, fertilizer, and disposal of pet waste.   FYN addresses the problems of pollution, water shortages and disappearing habitats  by enlisting Floridians in the effort to protect our natural resources. The program, which is implemented through the 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.   Participation the Florida Yards and Neighborhoods (FYN) Program provides the  following activities:                                                         The Seminole County FYN Coordinator will coordinate FYN office activities a. in Seminole County and maintain an office presence for the program through personal participation FYN Coordinator will handle standard office duties, keeping contact records, b. maintain database of participants in FYN workshops, establish a FYN website, conduct mail-outs and compile survey responses.  Help with FYN presentations, coordinate events, publicity, reports, and invoices Assist the City of Winter Springs in meeting the goals and objectives of their c. National Pollutant Discharge Elimination System Permit (NPDES) & Total Maximum Daily Loads (TMDL’s) Help identify and work with appropriate City of Winter Springs staff, to d. establish partnerships with the business community, local governments, environmental agencies, civic and environmental organizations, and others. Consent 302 PAGE 2 OF 4 - October 14, 2013 Submit monthly progress reports and a summary report at the end of the fiscal e. year that includes a final program assessment for all phases of the FYN Program Submit information upon request for articles and program updates to be f. included in the City’s publications and other approved publications and on the City’s Web site. Provide information for press releases a minimum of two weeks in advance. Coordinate and conduct one (1) FYN New Resident Landscaping Workshops g. within the City of Winter Springs. Conduct up to two (2) presentations at Homeowner Associations within the h. City of Winter Springs. Conduct up to two (2) Countywide BMP (Best Management Practice) 6 hour i. Trainings.  One will be in the fall and one in the spring. Participate at one (1) event in the City that could promote FYN by utilizing a j. display, handing out brochures/handouts and talking to citizens. Distribute FYN flyers and brochures at all FYN functions.  Assistance with k. development and distribution of utility bill stuffers and mail-outs concerning stormwater management and pollution prevention once per year.  Track and report quantity distributed. Track and provide per event and year-end report on amount of attendance / l. participation and quantity of educational materials. Provide all of the UF/IFAS FYN materials for FYN landscaping workshops, m. HOA meetings, and City Hall.   Under the new agreement, the annual cost to the City for participating in the program  is $4,000.  The annual cost for the previous five years was $3,000.  Staff requested a budget breakdown from Seminole County to justify the cost increase.  According to Seminole County Staff, the total annual cost of the FYN program in Seminole County is $123,000, broken down as follows:   FYN Agent Salary – now $55,000  / previously at $40,000  Broadcast of Public Service Announcements (PSA’s) with WKMG - $40,000  Redesign of the Florida Friendly Demonstration Garden - $10,000  Developing the 3 PSAs - $12,000  Creating and implementing and new fertilizer PSA, along with educational  materials to hand out - $6,000 All seven cities in Seminole County are asked to contribute $4,000 each on an  annual basis, and the remainder is covered by Seminole County.  Of the $123,000 total budget, $95,000 is funded by Seminole County and the remaining $28,000 is funded by the seven cities (including Winter Springs) at $4,000 each. FISCAL IMPACT: The total cost of the City's participation in the FYN program is $20,000 over the five-year contract term ($4,000 per year).  Funding for the first year in the amount of $4,000 is budgeted in the Stormwater Utility Fund, line code 3810-53188. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, Consent 302 PAGE 3 OF 4 - October 14, 2013 City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   RECOMMENDATION: Staff recommends the City Commission authorize entering into a five-year Agreement with Seminole County for participation in the Florida Yards and Neighborhoods Program, at a total cost of $20,000 ($4,000 per year), funded by the Stormwater Utility Fund, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents.  ATTACHMENTS: 1. Interlocal Agreement (12 pages) Consent 302 PAGE 4 OF 4 - October 14, 2013 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". W I T N E S S E T H: 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/100 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 will be in the form of educational instruction and implementation for nutrient source control in order 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 s 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. ATTEST: CITY OF WINTER SPRINGS By:____________________________________ ANDREA LORENZO-LUACES, City Clerk CHARLES LACEY, Mayor Date:_____________________________________ \[Balance of this page intentionally left blank; signatory page continues on page 8.\] __________________________________________________________ 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 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 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 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 zperez@winterspringsfl.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 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 zperez@winterspringsfl.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 publications and other approved publications and on the Cit 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. 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 3 of 4 th Deliverables: For the purposes of this contract, all due dates will be the 5 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 4 of 4