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HomeMy WebLinkAbout2010 12 13 Regular 600 Interlocal Agreement With The City Of Oviedo For Joint Economic Task Force COMMISSION AGENDA Consent Informational ITEM 600 Public Hearing Regular X December 13, 2010 Meeting f , gr. / D % Authorization REQUEST: The City Manager and the Community Development Department requests the Commission review and approve an Interlocal Agreement with the City of Oviedo establishing a Joint Economic Development Task Force serving both Oviedo and Winter Springs and authorize the Mayor to execute said Interlocal Agreement. SYNOPSIS: The Winter Springs City Commission and Oviedo City Council met in a joint meeting on Wednesday, September 29, 2010. At the meeting, the consensus of the City Commission and the City Council was to explore establishing a joint economic development entity that would serve both cities. The Winter Springs City Commission and the Oviedo City Council met in a joint meeting on Wednesday, November 10, 2010. At this meeting, the City Commission and the City Council reviewed a draft interlocal agreement establishing a joint economic development task force that would serve both cities. CONSIDERATIONS: The consensus of the City Commission and the City Council at their November 10, 2010 joint meeting was as follows: 1. The task force will be comprised of seven (7) voting members and three (3) ex non - voting members. 2. The voting members shall be appointed to two (2) year terms. 3. Five (5) voting members shall constitute a quorum. 4. The appointment of the chairperson shall alternate on a rotating basis between Winter Springs and Oviedo. The first chairperson shall be appointed by Winter Springs. December 13, 2010 Regular Item 600 Page 2 5. The City Commission and City Council shall each appoint one (1) at -large voting member. 6. The City Commission and City Council shall jointly appoint five (5) voting members as follows: a. Two (2) members from the University of Central Florida; b. One (1) senior staff member designated by the Seminole County Board of County Commissioners; c. One (1) member from the Metro - Orlando Economic Development Commission; and d. One (1) member from Seminole State College. 7. All voting members serve at the pleasure of the City Commission and City Council. 8. The three (3) ex-officio non - voting members shall be: a. The Mayor of the City of Winter Springs b. The Mayor of the City of Oviedo; and c. The President of the Oviedo /Winter Springs Chamber of Commerce. INTERLOCAL AGREEMENT: A copy of the subject Interlocal Agreement is provided as Attachment A to this agenda item. This agreement provides for the following: 1. Creates a Joint Economic Development Task Force comprised of seven (7) voting members and three (3) ex officio non - voting members. 2. The voting members shall be appointed to two (2) year terms expiring on December 31 of each year commencing in the year 2012. Upon expiration of their terms, members may be reappointed by the applicable City. 3. Five (5) voting members shall constitute a quorum. Failure of any voting member to attend two (2) of three (3) consecutive meetings, without good cause and prior approval of the Chairperson, shall be immediate cause for removal by the appointing City. 4. The City Commission and City Council shall each appoint one (1) at -large voting member. 5. The City Commission and City Council shall jointly appoint five (5) voting members as follows: a. Two (2) members from the University of Central Florida b. One (1) senior staff member designated by the Board of County Commissioners; c. One (1) member from the Metro - Orlando Economic Development Commission; and December 13, 2010 Regular Item 600 Page 3 d. One (1) member from Seminole State College. 6. The appointment of the chairperson shall alternate on a rotating basis between Oviedo and Winter Springs. The first chairperson shall be an at -large appointee of the City of Winter Springs and shall serve until the initial term expires on December 31, 2012. 7. The Deputy Chairperson shall be the at -large appointee of the City who does not appoint the Chairperson. 8. All voting members serve at the pleasure of the City Commission and City Council. Each governing body reserves the right to remove and replace any of its appointed members for any reason and agrees to give full consideration to the views of the other local governing body in the case of joint appointees. 9. The three (3) ex officio non - voting members shall be: a. The Mayor of the City of Winter Springs; b. The Mayor of the City of Oviedo; and c. The President of the Oviedo /Winter Springs Chamber of Commerce. 10. The City that appoints the Chairperson shall have the administrative responsibilities relative to the task force such as preparation of agendas and meeting notices; the taking of minutes; and related clerical and logistical matters. 11. The task force shall meet as frequently as the task force deems necessary in order to fulfill its responsibilities. 12. The task force shall neither have the power or authorization to expend any public funds nor the power to pledge the revenues or taxing authority of either City. Further, the task force shall not have contracting authority or the power to contractually bind either City. The expenses and contractual services relating to the task force shall be subject to joint approval by both cities. 13. The task force shall present an annual report to both cities at the end of November reporting the task force's activities during the previous year and any advice or recommendations for the upcoming year. 14. The interlocal agreement and the appointment of all task force members shall remain in effect until either City notifies the other in writing of its desire to terminate the interlocal agreement. Notice of termination shall be delivered on or before September 1 of any calendar year and shall take effect thereafter on December 31 of that year. TASK FORCE APPOINTMENTS: The Oviedo City Council, at their regular meeting of December 6, 2010, approved Resolution 2271 -10 with Winter Springs establishing a Joint Economic Development Task Force. They also December 13, 2010 Regular Item 600 Page 4 nominated Cynthia Sucher as their member from the University of Central Florida (UCF) and Robert Brancheau as their at -large member. Mr. Brancheau is the Senior Director of Planning and Engineering for the Orlando International Airport. The Council also suggested the following members as part of their discussion: • Ed Schons from UCF • Tracy Turk of her designee from the Metro Orlando EDC • Bill McDermott or a senior staff person from Seminole County • Dr. E. Ann McGee or her designee from Seminole Stare College Based upon discussions and a consensus at the November 10, 2010 joint meeting, Winter Springs at -large member will be John Bush who will also serve as Chairperson for the first two (2) years. Pursuant to the previous discussions at the joint meeting and the actions of the Oviedo City Council, the proposed membership if the Joint Economic Development Task Force be: Cynthia Sucher from UCF Robert Brancheau — Oviedo at -large John Bush — Winter Springs at- large, Chairperson • Ed Schons from UCF • Tracy Turk of her designee from the Metro Orlando EDC • Bill McDermott or a senior staff person from Seminole County • Dr. E. Ann McGee or her designee from Seminole Stare College In addition, the Mayors of each city and the President of the Oviedo /Winter Springs Regional Chamber of Commerce would serve as ex- officio, non - voting members. FISCAL IMPACT: As stated above, the city that appoints the Chairperson shall have the administrative responsibilities relative to the task force such as preparation of agendas and meeting notices; the taking of minutes; and related clerical and logistical matters. In the joint meeting, it was agreed that Winter Springs would appoint the first chairperson, to serve until December 31, 2012. The City Clerk has estimated the costs for performing these duties at approximately $770 per meeting. The City Manager will seek a reallocation of current budgeted funds to cover the City Clerk's cost of supporting the meeting of the Joint Economic Development Task Force. COMMUNICATION EFFORTS: This Agenda Item has been forwarded to the Mayor and City Commission; City Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby) City Commission Meeting binder; and is available on the City's Website, LaserFiche, and the City's Server. Additionally, information related to this Agenda Item has been sent to media/press representatives who have requested Agendas /Agenda Item information, all Homeowner's Associations on file with the City, all individuals who have requested Agendas/Agenda Item information, Department Directors; and also posted outside City Hall; posted inside City Hall December 13, 2010 Regular Item 600 Page 5 with additional copies available for the general public; and posted at five (5) different locations around the City. RECOMMENDATION: Staff recommends that the City Commission: 1. Approve the Interlocal Agreement establishing with the City of Oviedo establishing the Joint Economic Development Task Force. 2. If the Commission approves the Interlocal Agreement, staff recommends that the Commission appoint John Bush as Winter Springs' at -large member to the Task Force. 3. Pursuant to previous discussions at the joint meeting with the City of Oviedo and per the actions taken by the Oviedo City Council at their Regular Meeting on December 6, 2010, staff recommends the Commission confirm the remaining membership of the Task Force as enumerated above. If the Commission confirms the individuals listed for membership, staff will work with the City of Oviedo to contact these individuals and make formal requests that they serve on the Task Force. ATTACHMENTS: A Winter Springs /Oviedo Interlocal Agreement relating to a Joint Economic Development Task Force Attachment A CITY OF OVIEDO /CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT RELATING TO A JOINT ECONOMIC DEVELOPMENT TASK FORCE THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2010, by and between the City of Oviedo, Florida, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765, (hereinafter referred to as the "OVIEDO ") and the City of Winter Springs, (hereinafter referred to as the "WINTER SPRINGS "), a Florida municipal corporation, whose address is City of Winter Springs, City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, the parties have the desire to ensure that WINTER SPRINGS and OVIEDO and their environs are desirable for economic development of a positive nature for the benefit of their citizens; and WHEREAS, WINTER SPRINGS and OVIEDO desire to and shall designate an "economic development agency" in accordance with Section 288.075(1)(a)4., Florida Statutes, which consists of municipal officers or employees assigned the duty to promote the general business interests or industrial interests of the municipality or the responsibilities related thereto; and WHEREAS, Section 166.021(9), Florida Statutes, provides as follows: "(9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the State Constitution for municipalities." ; and WHEREAS, Section 187.201(21), Florida Statutes, (part of the State Comprehensive Plan) provides as follows: "(21) THE ECONOMY.- - (a) Goal. -- Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increases per capita income for its residents. 2 (b) Policies.- - 1. Attract new job - producing industries, corporate headquarters, distribution and service centers, regional offices, and research and development facilities to provide quality employment for the residents of Florida. 2. Promote entrepreneurship and small and minority -owned business startup by providing technical and information resources, facilitating capital formation, and removing regulatory restraints which are unnecessary for the protection of consumers and society. 3. Maintain, as one of the state's primary economic assets, the environment, including clean air and water, beaches, forests, historic landmarks, and agricultural and natural resources. 4. Strengthen Florida's position in the world economy through attracting foreign investment and promoting international banking and trade. 5. Build on the state's attractiveness to make it a leader in the visual and performing arts and in all phases of film, television, and recording production. 6. Promote economic development for Florida residents through partnerships among education, business, industry, agriculture, and the arts. 7. Provide increased opportunities for training Florida's workforce to provide skilled employees for new and expanding business. 8. Promote economic self - sufficiency through training and educational programs which result in productive employment. 9. Promote cooperative employment arrangements between private employers and public sector employment efforts to provide productive, permanent employment opportunities for public assistance recipients through provisions of education opportunities, tax incentives, and employment training. 10. Provide for nondiscriminatory employment opportunities. 11. Provide quality child day care for public assistance families and others who need it in order to work. 3 12. Encourage the development of a business climate that provides opportunities for the growth and expansion of existing state industries, particularly those industries which are compatible with Florida's environment. 13. Promote coordination among Florida's ports to increase their utilization. 14. Encourage the full utilization by businesses of the economic development enhancement programs implemented by the Legislature for the purpose of extensively involving private businesses in the development and expansion of permanent job opportunities, especially for the economically disadvantaged, through the utilization of enterprise zones, community development corporations, and other programs designed to enhance economic and employment opportunities." ; and WHEREAS, the parties desire that the economies of WINTER SPRINGS and OVIEDO be vibrant, creative, flexible, dynamic and modern as well as be economies that attract and retain high quality businesses and economic generators to WINTER SPRINGS and OVIEDO; and WHEREAS, WINTER SPRINGS and OVIEDO desire that the maximum possible level of cooperation, collaboration and coordination occur between WINTER SPRINGS and OVIEDO and the State of Florida, regional economic development entities, Seminole County, other local government entities and private sector organizations; and WHEREAS, WINTER SPRINGS and OVIEDO have concluded that a positive means and method to economically develop WINTER SPRINGS and OVIEDO in the aforedescribed effective and beneficial manner would be to create an Economic Development Task Force serving both WINTER SPRINGS 4 and OVIEDO; and WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the public health, safety and welfare of their citizens and maintain a high quality of life for the citizens of WINTER SPRINGS and OVIEDO; and WHEREAS, it is mutually agreed by the WINTER SPRINGS and OVIEDO that it is desirable and in the best interests of the citizens of WINTER SPRINGS and OVIEDO for WINTER SPRINGS and OVIEDO to cooperate in their economic development activities and programs; and WHEREAS, it is beneficial to the public for the parties to this Interlocal Agreement to work together in a spirit of harmony and cooperation; and WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the health, safety and welfare of the citizens of their respective jurisdictions by ensuring sound and beneficial economic development; and WHEREAS, this Interlocal Agreement is authorized pursuant to the provisions of Chapters 163, 166, Florida Statutes, and other applicable law, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth 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 this Interlocal Agreement upon which the parties have relied. 5 SECTION 2. CREATION OF THE WINTER SPRINGS - OVIEDO ECONOMIC DEVELOPMENT TASK FORCE; PROCEDURES. (a). A Joint Economic Development Task Force of WINTER SPRINGS and OVIEDO is hereby created. (b). The Joint Economic Development Task Force of WINTER SPRINGS and OVIEDO shall consist of seven (7) voting members who shall be appointed for two (2) year terms expiring on December 31 of each year commencing in the year 2012 and three (3) ex officio non - voting members. The initial appointed voting members shall serve their initial term until December 31, 2012. Upon expiration of their terms, members may be reappointed by the applicable local governing body. A quorum of the Joint Economic Development Task Force shall be constituted of five (5) voting members. Failure of any voting member to attend two (2) of three (3) successive meetings of the Joint Economic Development Task Force, without good cause and without prior approval of the Chairperson, shall be immediate cause for removal by the appointing local governing body. The appointing local governing body shall promptly fill any vacancies on the Joint Economic Development Task Force and the vacancy shall be filled for the remainder of the unexpired term of office. (c). The power to appoint the Chairperson of the Joint Economic Development Task Force shall alternate on a rotating basis between OVIEDO and WINTER SPRINGS every two years. The initial Chairperson shall be the at- large appointee of WINTER SPRINGS and shall serve until the initial term expires on December 31, 2012. The Deputy- Chairperson shall be the at -large 6 appointee of the local governing body who does not appoint the Chairperson. The Deputy- Chairperson shall have the power to chair meetings of the Joint Economic Development Task Force in the absence of the Chairperson. (d). The governing bodies of WINTER SPRINGS and OVIEDO shall each appoint one (1) at large voting members to the Joint Economic Development Task Force. (e). The governing bodies of WINTER SPRINGS and OVIEDO shall jointly appoint five (5) additional voting members to the Joint Economic Development Task Force as follows: (i) two (2) members who are employees of the University of Central Florida; (ii) a senior Seminole County staff member designated by the Board of County Commissioners of Seminole County to represent the County; (iii) a member employed by the Metro - Orlando Economic Development Commission; and (iv) a member employed by Seminole State College. (f). All appointed voting members of the Joint Economic Development Task Force serve at the pleasure of the local governing body appointing the member or both local governing bodies if a joint appointee. As such, each governing body reserves the right to remove and replace any of its appointed members for any reason and agrees to give full consideration to the views of the other local governing body in the case of joint appointees. (g). In addition to voting members, the following ex officio and non- voting members shall serve on the Joint Economic Development Task Force: (i) the mayors of OVIEDO and WINTER SPRINGS; and (ii) the President of the 7 Oviedo/Winter Springs Chamber of Commerce. These members may fully participate in the discussions and proceedings of the Joint Economic Development Task Force, but may not vote on any matter. The governing bodies of OVIEDO AND WINTER SPRINGS may jointly appoint other ex officio members to the Joint Economic Development Task Force if deemed necessary in the future., (h). The local governing body having the power to appoint the Chairperson shall concurrently have the administrative responsibilities relative to the Joint Economic Development Task Force while that local governing body's appointed member serves as Chairperson. Such responsibilities shall include, but not be limited to, the preparation of agendas and meeting notices, the taking of minutes, and related clerical and logistical matters. The preparation of agendas shall be coordinated between OVIEDO and WINTER SPRINGS in advance of publication to the Joint Economic Development Task Force in order to give each party the ability to place matters before the Task Force for information purposes or advice. (i). The Joint Economic Development Task Force shall meet as frequently as the Task Force deems necessary in order to fulfill its responsibilities, or as jointly deemed necessary by the governing bodies of OVIEDO or WINTER SPRINGS for special purposes. The frequency of meetings shall be determined by a majority vote of the Joint Economic Development Task Force membership. All meetings of the Joint Economic Development Task Force shall be duly noticed and open to the public at all times. Meetings shall take place in the jurisdictional limits of either the City of OVIEDO or City of WINTER 8 SPRINGS unless otherwise authorized jointly by the local governing bodies of OVIEDO and WINTER SPRINGS in accordance with law. The Joint Economic Development Task Force shall be allowed to approve by -laws for the conduct of their meetings; provided, however, such by -laws shall not conflict with the provisions of this Interlocal Agreement or any implementation memorandum or memoranda approved by the city managers pursuant to Section 5 herein. Minutes of the meetings of the Joint Economic Development Task Force shall be prepared and maintained in accordance with the requirements of controlling law. (j). The Joint Economic Development Task Force shall neither have the power or authorization to expend any public funds nor the power to pledge the revenues or taxing authority of WINTER SPRINGS and OVIEDO. Further, the Joint Economic Development Task Force shall not have contracting authority or the power to contractually bind OVIEDO and WINTER SPRINGS. The expenses and contractual services relating to the Joint Economic Development Task Force shall be subject to joint approval by the local governing bodies of OVIEDO and WINTER SPRINGS and shall, absent a specific written agreement to the contrary, be equally apportioned and equally paid. (k) Annually at the end of November, the Joint Economic Development Task Force shall prepare and deliver to the local governing bodies of OVIEDO and WINTER SPRINGS a brief, annual written report of the Joint Economic Development Task Force's activities which occurred during the previous year along with any advice or recommendations for the upcoming year. For example, such relevant advice or recommendations may include, but not be limited to, 9 strategies for achieving the primary objectives set forth in Section 3 of this Interlocal Agreement and ways to improve the role and governance of the Joint Economic Development Task Force for the mutual benefit of WINTER SPRINGS and OVIEDO. SECTION 3. OBJECTIVES The Joint Economic Development Task Force shall have the following two (2) primary objectives: Objective 1: Increasing the non - residential portion of the tax base within each of the cities; and Objective 2: Creating high paying, employment opportunities for residents of OVIEDO, WINTER SPRINGS and Seminole County. SECTION 4. ACTIVITIES The primary objectives set forth in Section 3 shall be realized through the performance of specific activities by the Joint Economic Development Task Force. These activities shall include, at a minimum, the following: 1. Engaging in and promoting activities for purposes of retaining, relocating and recruiting businesses and enterprises to the cities of OVIEDO and WINTER SPRINGS especially those from targeted industries; 2. Promoting, soliciting and coordinating economic development in the cities of OVIEDO and WINTER SPRINGS through existing businesses and economic enterprises within the cities; 3. Participating in the development of primary business recruitment materials and programs within each of the cities; 10 4. Providing suggestions to the OVIEDO City Council and the WINTER Springs City Commission regarding potential economic development opportunities, projects and programs. 5. Serving as ambassadors to the business community by representing the cities' interests in local and regional business development organizations and activities. 6. Supporting the economic development agencies of the cities of WINTER SPRINGS and OVIEDO subject to any applicable confidentiality requirements set forth in controlling law including, but not limited to, Section 288.075, Florida Statutes. SECTION 5. IMPLEMENTATION OF AGREEMENT. The City Managers of WINTER SPRINGS and OVIEDO shall execute a memorandum or memoranda of understanding from time -to -time as may be necessary to implement this Interlocal Agreement; provided, however, any such memorandum or memoranda shall not conflict with the provisions of this Interlocal Agreement. Furthermore, the City Managers of Winter Springs and Oviedo are authorized to take all necessary and appropriate actions to provide support for the activities of the Joint Economic Development Task Force including the preparation of meeting notices and agendas, meeting minutes, and other clerical and logistical support. When formalizing a memorandum of understanding, the city managers of WINTER SPRINGS and OVIEDO shall address the confidentiality of records under the public records laws of the State of Florida in appropriate circumstances when the activities of the Joint Economic 11 Development Task Force will relate to activities in which records are granted a confidential status by controlling law including, but not limited to, the confidentiality requirements of Section 288.075, Florida Statutes.. SECTION 6. INSURANCE AND INDEMNIFICATION. (a). The parties shall maintain their respective insurance programs and policies in effect during the term of this Interlocal Agreement. (b). To the fullest extent permitted by law, each party to this Agreement shall indemnify, save and hold harmless the other party and its agents, servants, officers, officials, attorneys, and employees, or any of them, from and against any and all claims, damages, losses, payments, suits, actions, recoveries, judgments and expenses of every nature and description whatsoever including, but not limited to, claims for property damage, attorneys fees and other legal costs and claims for injury or death of persons brought or recovered against the other party to this Agreement by reason of any act or omission of the responsible party, its respective agents, servants, officers, officials, attorneys, and employees in the execution of the work relating to this Interlocal Agreement. (c). Nothing contained herein shall be construed or interpreted as denying to any party any remedy of defense available to such parties under the laws of the State of Florida, nor a waiver of sovereign immunity of OVIEDO or WINTER SPRINGS beyond the express waiver set forth in Section 768.28, Florida Statutes. 12 SECTION 7. EFFECTIVE DATE. This Interlocal Agreement shall take effect upon signature of both of the parties and the recordation of this Interlocal Agreement in the official public records of Seminole County, Florida as required by Section 163.01, Florida Statutes SECTION 8. TERM. This Interlocal Agreement and the appointment of all members of the Joint Economic Development Task Force shall remain in effect until either WINTER SPRINGS or OVIEDO notifies the other party in writing of its desire to terminate this Interlocal Agreement. Notice of termination shall be delivered on or before September 1 of any calendar year and such termination shall take effect thereafter on December 31 of the year that written notice of termination is timely given. In addition, OVIEDO and WINTER SPRINGS may mutually agree in writing to the termination of this Interlocal Agreement. In the event of termination, the Joint Economic Development Task Force shall continue to function until the termination date becomes effective and the City Managers of WINTER SPRINGS and OVIEDO shall take actions to wind down the operations of the Joint Economic Development Task Force prior to the termination becoming effective. SECTION 9. NOTICES. (a). Notices required or permitted hereunder shall be in writing, or by other electronic means, and be deemed properly made when hand delivered to the 13 position hereinafter designated, or upon deposit in the United States mail, postage prepaid, addressed as set forth herein, or at such other address as shall been specified by written notice to all other parties delivered in accordance herewith. (b). Addresses for receipt of notices are as follows: For WINTER SPRINGS: The City of Winter Springs Attn: City Manager City Hall 1126 East State Road 434 Winter Springs, Florida 32708 For OVIEDO: The City of Oviedo Attn: City Manager 400 Alexandria Blvd. Oviedo, Florida 32765 -5514 (c). Written notice requirements of this Interlocal Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of this Interlocal Agreement. SECTION 10. STANDARDS OF CONDUCT /PUBLIC RECORDS. (a). The parties shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Interlocal Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 14 (b). The parties reserve the right to unilaterally terminate this Interlocal Agreement immediately with written notice if the other party refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the party in conjunction, in any way, with this Interlocal Agreement. (c). The parties shall not engage in any action that would create a conflict of interest or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 11. CONTROLLING LAWSNENUE /INTERPRETATION. (a). This Interlocal Agreement is to be governed by the laws of the State of Florida. (b). Venue for any legal proceeding related to this Interlocal Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (c). This Interlocal Agreement is the result of bona fide arms length negotiations between WINTER SPRINGS and OVIEDO and all parties have contributed substantially and materially to the preparation of the Interlocal Agreement. Accordingly, this Interlocal Agreement shall not be construed or interpreted more strictly against any one party than against any other party. SECTION 12. ASSIGNABILITY. The parties may not assign this Interlocal Agreement to any other party. 15 SECTION 13 . WAIVER. The failure of a party to insist in any instance upon the strict performance of any provision of this Interlocal Agreement, or to exercise any right or privilege granted to the party hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 14. CAPTIONS. Section numbers and other captions contained in this Interlocal Agreement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Interlocal Agreement, or any provision hereto. SECTION 15 . SEVERABILITY. Each provision of this Interlocal Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this Interlocal Agreement. SECTION 16. ENTIRE AGREEMENT /INTEGRATION. This Interlocal Agreement constitutes the complete and entire agreement between WINTER SPRINGS and OVIEDO with respect to the subject matter hereof, and supersedes any and all prior agreements, arrangements or understandings, whether oral or written, between the parties relating thereto, all of which have been integrated herein. SECTION 17. MODIFICATION. This Interlocal Agreement may not be amended, changed, or modified, and material provisions hereunder may not be waived, except by a written 16 document, of equal dignity herewith; provided, however, that this Interlocal Agreement anticipates the entering of memoranda of understanding as set forth in Section 6 herein. SECTION 18. COUNTERPARTS. This Interlocal Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties to this Interlocal Agreement have caused their names to be affixed hereto by the proper officers therein. 17 ATTEST: CITY OF WINTER SPRINGS Andrea Lorenzo - Luaces, City Clerk Charles Lacey, Mayor Approved as to form and legal sufficiency. Anthony Garganese, City Attorney ATTEST. CITY OF OVIEDO Barbara J. Barbour, City Clerk Dominic Persampiere, Mayor Approved as to form and legal sufficiency. Lonnie N. Groot, City Attorney 18 • - � _ .. _ _ _ ��rrraM�r�NN��rf�rN�r�f� , : � , m � n m ,��' m� CITY OF OVIEDO/CITY OF WINTER SPRINGS "' INTERLOCAI AGREEMENT RELATlNG TO A JOtNT ECONOMIC �� DEVELOPMENT TASK FORCE � m m� TH1S INTERLOCAL AGREEMENT is made and entered into this ��'day ° z ;� � �� . of , 20'�,' by and between the Cit�r of Oviedo, Florida, a �, � �� Florida municipal corporation, whose address is 400 Alexandria Boulevard, � � �� d• n Oviedo, Florida 32765, (hereinafter refeRed to as the °OVIEDO") and the City of �� � . _ � Wmter Springs, (hereinafter referned to as the "WINTER SPRINGS"}� a Florida � muniapal corporation, whose address is City of Winter Springs, City Hall, 1126 � r � -- _ _....- - - - -- - -_• m n : East State Road 434, Winter Springs, Florida 32708. � � _ � WlTNESSETH: _ � � WHEREAS, the parties have the desire to ensure that WINTER � � J O SPRINGS and OVlEDO and their environs are desirable for economic ,p ,; �D M�'� � devetopment of a positive nature for the benefit of their citizens; and � � 0 ; WHEREAS, WINTER SPRINGS and OVIEDO desire to and shall � -� ' designate an "economic development agenc�' in accordance with Section '° �. 288.075(1)(a�4., Florida Statutes, which consists of municipal officers or m . � - employees assigned the duty to promote the general business interests or � :-. industrial interests of the municipa{ity or #he responsibilfies refated thereto; and � � _ �, �. � WHEREAS, Section 16fi.021(9}, Florida Statutes, provides as follows: m 0 ' °(9)(a) The Legislature finds and declares that this state faces a � - increasing competition from other states and other countries for the � location and retention of private enterprises within its borders. ° Furthermore, the Legislature finds that there is a need to enhance o and expand economic activity in the municipalities of this state by �, attracting and retaining manufacturing development, business g enterprise management, and other activities conducive to economic � � � 1 1 -�_..� �_-- — - - �� __ . , promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The goveming body of a municipali#y may expend public funds ta attract and retain business enterprises, and the use o# public funds toward the achievement of such economic development goals constitutes a pub[ic purpose. The provisions of this chapter which confer powers and duties on the goveming body of a" � municipality, induding any powers not specifically prohibited by law whicfi can be exercised by the goveming body of a municipality, shall be liberally con�t�ued in order to _effectiyely carry out the _.. . purposes of this subsection. . (c} For the purposes of this subsection, it const�tutes a public purpose to expend public funds for economic development activfies, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of � capital projects for industrial or manufacturing plants, leasing or ,; conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the � aitraction of new businesses to the community. � (d) Nothing contained in this subse�tion shall be construed as a ; limitation on the home rule powers grarrted by the State Constitution for municipa[ities.° ; and WHEREAS, Sedion 187.201(21), Florida Statutes, (part of the Stafe Comprehensive Plan) provides as follows: "(21) THE ECONOMY.— (a) Goal. —Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and � increases per capita income for its residents. (b) Policies.— 2 - -- � - - _ � 1. Attract new job-producing �industries, corporate headquarters, distribution and service centers, regional offices, and research and development faalities to provide quality employment for the residents of Florida. 2. Promote entrepreneurship and small and minority-ovmed business startup by providing technical and information resources, facilitafing capital formafion, and removing regulatory restraints which are unnecessary for the prote�tion of consumers and society. 3. Maintain, as one of the state's primary economic assets, the environment, including clean air and water, beaches, forests, historic landmarks, arxi agricultural and natural resources. "� 4. Strengthen Florida's position in the wortd ec:onomy through attracting foreign investment and_�romoting intemational banking _.. and trade. � 5. Build on the state's attractiveness to make it a leader in the visual and performing arts and in all phases of fltm, television, and �ecording production. N 6. Promote economic development for Florida residents through � partnerships among education, business, industry, agricufture, and the arts. 7. Provide increased opportunfies for training Florida's workforce :; to provide skilled empbyees for new and expanding business. 8. Promote economic seff-sufficiency through training and ' educational programs which result in produ�tive employment. 9. Promote cooperative employment amangements between - private employers and pubfic sector employment efforts to provide _ productive, permanent employment opportunities for public assistance recipier�ts through provisions of education opportunfies, tax incentives, and employment training. ? 10. Provide for non�fiscriminatory employment opportunities. � 11. Provide quality child day care for public assistance families and others who need it in order to work. 12. Encourage the development of a business climate that provides opportunfies for the growth and expansion of existing 3 � ° - - —= �--�._� - e state industries, particularly those industries which are compatible with Florida's environment. 13. Promote coordination among Florida's ports to increase their � utilization. 14. Encourage the full utilization by businesses of the economic development enhancement programs implemented by the Legislature for the purpose of extensively involving private businesses in the developmerrt and expansion of permanent job opportunities, especially for the economically disadvantaged, through the utilization of enterprise zones, community development corporations, and other programs designed to enhance economic � and employmerrt opportunities." ; and --- - . _ _.- - - - -- _ .. . WHEREAS, the parties desire that the economies of WINTER SPRiNGS � and OVIEDO be vibrant, creative, flexible, dynamic and modern as wefl as be economies that attract and retain high quality businesses and economic � generators to WItdTER SPRINGS and OVlEDO; and WHEREAS, WINTER SPRINGS and OVIEDO desire that the maximum : possible level of cooperation, collaboration and coordination occur between � WINTER SPRINGS and OVIEDO and the State of Florida, regional ec;onomic development entities, Seminole County, other local govemment entities and - private sector organizations; and WHEREAS, WINTER SPRINGS and OVIEDO have concluded that a positive means and method to economically develop WINTER SPRINGS and � OVIEDO in the aforedescribed effective and beneficial manner would be to create an Economic Qevelopment Task Force serving both WINTER SPRINGS and OVlEDO; and 4 -- _ - - -� _ _ ..��� - -- - — - - _ . , WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the public health, safety and welfare of their citizens and maintain a high quality of life for the citizens of WINTER SPRINGS and OVIEDO; and WHEREAS, i� is mutualiy agreed by the WINTER SPRINGS and OVIEDO that it is desirable and in the best interests of the citizens of WINTER SPRINGS and OVIEDO for WINTER SPRINGS and OVIEDO to cooperate in their economic development ac�tivities and programs; and � � WHEREAS, it is beneficial to the public for the parties to this lnterlocal Agreement to work together in a spirit of harmony and cooperation; and � WHEREAS, WINTER SPRINGS and OVIEDO desire to protect the health, safety and weffa�e of the citizens of their respecfiive jurisdictions by ensuring � sound and beneficial economic development; and � WHEREAS, this Interiocal Agreement is authorized pursuant to the provisions of Chapters 163, 166, Florida Statutes, and other applicable law, NOW� THEREFORE, in consideration of the mutual understandings and ; covenants set forth herein and other good and valuable consideration, the receipt :_ and sufficiency of which is hereby acknowledged, the parties agree as folfows: SECTION 1. RECITALS. . The above recitafs are true and correct and form a material part of this Interlocal Agreement upon which the parties have relied. ,. SECTION 2. CREATION OF THE WINTER SPRINGS - OVIEDO � ECONOMIC DEVELOPMENT TASK F�RCE; PROCEDURES. (a). A Joint Economic Development Task Force of WtNTER SPRINGS 5 and OVIEDO is hereby created. (b). The Joint Economic Development Task Force of WINTER . SPRINGS and OVIEDO shall consist of seven {7) voting members who shall be appointed for finro (2) year terms expiring on December 39 of each year commencing in the year 2092 and four (4) ex oflrcio non-voting members. The initial appointed voting members shall senre their initial term until December 31, 2012. Upon expiration of their terms, members may be reappointed by #he applicable local goveming body. A quorum of the Joint Economic Development Task Force shall be constituted of five (5) voting members. Failure of any voting member to attend two (2) of three (3) successive meetings of the Joint Economic Development Task Force, without good cause and without prior approval of the ; j Chairperson, shal[ be immediate cause for removal by the appointing local ; governing body. The appointing local goveming body shall promptfy fill any vacancies on the Joint Economic Development Task Foroe and the vacancy shall : be filled for the remainder of the unexpired term of office. (c). The power to appoint the Chairperson of the Joint Economic Development Task Force shall altemate on a rotating basis be#ween OVIEDO � and V1/1NTER SPRINGS every finro years. The initial Chairperson shall be the at- large appointee of WINTER SPRINGS and shall serve until the initial term expires on December 31, 2012. The Deputy-Chairperson shall be the at-large appointee of the local goveming body who does not appoin# the Chairperson. The Deputy-Chairperson shall have the power to chair meetings of the Joint Economic Development Task Force in the absence of the Chairperson. 6 (d). The goveming bodies of WINTER SPRINGS. and OVIEDO shali each appoint one {1) at large voting members to the Joint Economic Development Task Force. (e). The goveming bodies of WINTER SPRINGS and OVlEDO shall jointly appoint five (5) additional voting members to the Joint Economic Development Task Force as follows: (i) two (2) members who are employees of the University of Cerrtral Florida; (ii) a senior Seminole County staff inember designated by the Board of County Commissioners of Seminole County to represent the County; (ii� a member employed by the Metro-Orlando Economic . Development Commission; arxi (iv) a member employed by Seminote State College. �� (fl. All appointed voting members of the Joint Economic Development Task Force serve at the pleasure of the local goveming body appoinfing the _ member or both local goveming bodies if a joint appoinfee. As such, each governing body reserves the right to remove and replace any of its appointed members for any reason and agrees to give full consideration to � views of the other local goveming body in the case of joint appointees. �_ (g). In addfion to voting members, the following ex officio and non- voting members shall serve on the Joint Economic Development Task Force: (i) the mayors of OVlEDO and WINTER SPRINGS; (ii) the President of the Oviedo�nter Springs Chamber of Commerce; and (iii) a designated member � from the Seminole County Regional Chamber of Commerce. These members may fully participate in the discussions and proceedings of the Joint Economic 7 Development Task Force, but may not vote on any matter. The goveming bodies of OVIEDO AND WiNTER SPRlNGS may jointly appoint other ex officio members to the Joint Economic Development Task Force if deemed necessary in the future., (h). The local governing body having the power to ap�int the Chairperson shall concurrently have the administrative responsibilities relative to � the Joint Economic Development Task Force while that local goveming body's appoirrted member serves as Chairperson. Such responsibilities sha11 indude, but not be limited to, the preparation of agendas and meeting notices, the taking .�. of minutes, and related clerical and logistical matters. The preparation of agendas shall be coordinated befinreen OVIEDO and WINTER SPRINGS in � advance of publication to the Joint Economic Development Task Force in order to give each party the ability to place matters before the Task Force for information purposes or advice. (i). The Joint Economic Development Task Force shall meet as ; frequently as the Task Force deems necessary in order to fuffill its responsibilities, or as jointly deemed necessary by the governing bodies of OVIEDO or WINTER SPRINGS for special purposes. The frequency of ineetings shall be determined by a majority vote o� the Joint Economic Development Task � Force membership. All meetings of the Joint Economic Development Task Force : shall be dufy noticed and open to the public at all times. Meetings shall take place in the jurisdictional limits of either the City of OVIEDO o� City of WINTER ' SPRINGS unless othervvise authorized jointly by the local goveming bodies of 8 OVIEDO and WINTER SPRINGS in accordance with law. The Joint Economic Development Task Force shall be allowed to approve by-laws for the conduct of their meetings; provided, however, such by-laws shail not conflict with the provisions of this Interlocal Agreement or any implementation memorandum or memoranda approved by the city managers pursuant to Section 5 herein. Minutes of the meetings of the Joint Economic Development Task Force shall be prepared and maintained in accordance with the requirements of controlling law. Q). The Joirrt Economic Development Task Force shall neither have the power or authorizafion to expend any public funds nor the power to pledge the revenues or taxing authority of WINTER SPRINGS and OVIEDO. Further, the Joint Economic Development Task Force shatl not have contracting authority or � the power to contra�tually bind OVfEDO and WINTER SPRINGS. The expenses and contractual servioes relating to the Joint Economic Development Task Force shall be subject to joint approval by the loca! goveming bodies of OVIEDO and ' WINTER SPRiNGS and shall, absent a specific written agreement to the contrary, be equally apportioned and equally paid. (k) Annualfy at the end of November, the Joint Economic Development Task Force shall prepare and deliver to the local goveming bodies of OVIEDO and WINTER SPRINGS a brief, annual written report of the Joint Economic Development Task Force's actnrities which occurred during the previous year � along with any advice or recommendations for the upcoming year. For example, suct� relevant advice or recommendafions may include, but not be limited to, strategies for achieving the primary objectives set forth in Section 3 of this 9 Interlocal Agreement and ways to improve the role and govemance of the Joint Economic Development Task Force for the mutual berief�t of WINTER SPRINGS � and OVIEDO. SECTION 3. OBJECTIVES The Joint Economic Development Task Force shall have the following two ' (2) primary objectives: Objective 1: Incxeasing the non-residential portion of "the tax base �within each of the cities; and Objective 2: Creating high paying, employment opportunities for residents of OVIEDO, WINTER SPRINGS and Seminole County. SECTtON 4. ACTIVITfES The primary objectives set forth in Section 3 shall be realized through the >i i performance of specific activities by the Joint Economic Development Task Force. These activities shall include, at a minimum, the following: ; 1. Engaging in and promoting activities for purposes of retaining, relocating and recruiting businesses and enterprises to the cfies of OVIEDO and WINTER SPRINGS especially those from targeted industries; 2. Promoting, soliciting and 000rdinating economic development in the cities of OVIEDO and WINTER SPRINGS through existing businesses and economic enterprises within the cities; 3. Participating in the development of primary business recruitrr�ent materials and programs within each of the cities; 4. Providing suggestions to the OVIEDO City Counci! and the WINTER 10 . Springs City Commission regarding potential economic development opportunities, projects and programs. 5. Senring as ambassadors to the business community by representing the . cities' interests in local and regional business deve{opment organizations and activities. 6. Supporting the economic development agencies of the cities of WiNTER SPRINGS and OVIEDO subject to any applic�ble confidentiality requirements set forth in controlling law including, but not limited to, Section 288.075, Florida Statutes. SECTION 5. IMPLEMENTATION OF AGREEMENT. The City Managers of WINTER SPRINGS and OVIEDO shall execute a ;; memorandum or memoranda of understanding ftom time-to-time as may be necessary to implement this Interlocal Agreement; provided, however, any such memorandum or memoranda shall not conflict with the provisions of this Interlocal Agreement Furthermore, the City Managers of Winter Springs and Oviedo are authorized to take all necessary and appropriate actions to provide support for the activities of the Joint Economic Development Task Force including the preparation of ineeting notices and agendas, meeting minutes, and other clerical and logistical support. When formalizing a memorandum of understanding, the city managers of WINTER SPRtNGS and OVIEDO shall � address the confidentiality of records under the public records laws of the State of Floricfa in appropriate circumstances when the activities of the Joint Economic : Development Task Force will relate to activities in which records are granted a - 11 confidential status by controlling law including, but not limited to, the confidentiality requirements of Section 288.075, Florida S#atutes.. SECTION 6. INSURANCE AND INDEMNIFICATION. (a). The parties shall maintain their respective insurance programs and policies in efFect during the term of this Interlocal Agreement. (b). To the fullest extent permitted by law, each party to this Agreement shall indemnirfy, save and hold harmless the other party and its agents, servants, officers, offiaals, attomeys, and employees, or any of them, from and against any . and all claims, damages, losses, payments, suits, actions, recoveries, judgments and expenses of every nature and descxiption whatsoever including, but not limited to, claims for property damage, attomeys fees and other legal costs and �� claims for injury or death of persons brought or recovered against the other party � to this Agreement by reason of any act or omission of the responsible party, its ; respective agents, servants, officers, officials, attomeys, and employees in the , execution of the work relating to this Interlocal Agreement. �� (c). Nothing con#ained herein shall be construed or interpreted as denying to any party any remedy of defense available to such parties under the - laws of the State of Florida, nor a waiver of sovereign immunity of OVIEDO or WlNTER SPRINGS beyond the express waiver set forth in Section 768.28, � Florida Statutes. SECTION 7. EFFECTIVE DATE. This Interlocal Agreement shall take effect upon signature of both of the parties and the recordation of this Interlocal Agreement in the official public �: 12 records of Seminole County, Florida as required by Section 163.01, Fforida Sta#utes SECTION 8. TERM. This Interlocal Agreement and the appointrnent of all members of the Joint Economic Development Task Force shall remain in effect until either WINTER SPRINGS or OVlEDO notifies the other party in wr�ing of its�desire to terminate this Interlocat Agreement. Notice of terrnination shall be delivered on or before September 1 of any calendar year and sucfi termination shall take effect thereafter on Deoember 31 of the year that written notice of terminatbn is timefy given. In addition, OVIEDO and WINTER SPRINGS may mutually agree in � writing to the termination of this Interlocal Agreement. In tf�e event of :: termination, the Joint Economic Development Task Force shall continue to function until the termination date becomes effective and the City Managers of WINTER SPRINGS and OVIEDO shall take actions #o wind down the operations of the Joint Economic Development Task Force prior to the termina#ion becoming effective. SECTION 9. NOTICES. (a). Notices required or permitted hereunder shall be in writing, or by other � electronic means, and be deemed properly made when hand delivered to #he position hereinafter designated, or upon deposit in the United States mail, � postage prepaid, addressed as set forth herein, or at such o#her address as shall 13 been specified by written notice to all other parties delivered in accordance � herewith. (b). Addresses for receipt of notices are as follows: For WINTER SPRINGS: The City of Wir�ter Springs Attn: City Manager City Hall � 1126 East State Road 434 Wirrter Springs, Florida 32708 � � For OVIEDO: Th�..City of Quiedo . . _ __ _ .. Attn: City Manager 400 Alexandria Btvd. Oviedo, Florida 32765-5514 {c). Written notice requirements of this Interlocal Agreement shall be � strictly construed and such requirements are a condfion precedent to pursuing � � any rights or remedies hereunder. Computer notification (e-mails and message boards) shall not constitute proper wriiten notice under the terms of this Interlocal Agreement. � SECTION 10. STANDARDS OF CONDUCTIPUBLIC RECORDS. (a}. The parties shall not discriminate on the grounds of race, color, religion, sex, or national origin in the perFormance of work under this Inter{ocal Agreement or violate any (aws pertaining to civil rights, equal protection or discrimination. • (b). The parties reserve the right to unilaterally terminate this Interlocal Agreement immediately with written nodce if the other party refuses to allow � public access to all documents, papers, letters, or other materials subject to 14 provisions of Chap#er 119, Florida Sfafutes, and other appiicable law, and made or received by the party in conjunction, in any way, with this Interlocal Agreement. {c). The parties shall not engage in any ac�ion that would create a canflict of interest or which would violate or cause others to violate the provisions of Part Ill, Chapter 112, Florida Stafutes, relating to .ethics in government. � - SECTION 11. CONTROLLING LAWSNENUE/INTERPRETATION. � (a). This Interlocal Agreement is to be govemed by the laws of the State of Florida. {b). Venue for any legal proceeding related to this Interiocal Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, s . F{orida. (c). This Interlocal Agreement is the resuft of bona fide arms length negotiations between WINTER SPRINGS and OVIEDO and all parties have contributed substantially and materia{ly to the preparation of the Interlocal Agreement. Accordingly, this Interlocal Agreement shall not be construed or . interpreted more strictly against any one party than against any other party. SECTION 12. ASSIGNABtLITY. The parties may not assign this Interlocal Agreement to any other party. � SECTION 13 . WAIVER The failure of a party to insist in any instance upon the strict performanoe of any provision of this Interlocal Agreement, or to exercise any right or privilege � 15 . _ � . grantetJ to the party hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall corrtinue in force. SECTION 14. CAPTIONS. Section numbers and other captions contained_ in this Interlocal Agreement are for referenoe purposes oniy and are in no way intended to describe, interpret, define, or fimit the scc�pe, extent or intent of this Interlocal Agreement, or any provision hereto. � � � SECTION 15 . SEVERABILITY. � Each provision of this InterEocal Agreement is intended to be severable. If - any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or inva{idity sha(I not affect the remainder of this Inte�local Agreemerit. � SECTION 1fi. ENTIRE AGREEMENT/tNTEGRATION. " This Interlocal Agreernent consti#utes the complete and entire agreement ; between WINTER SPRINGS and OVIEDO with respect to the subject maiter hereof, and superse�es any and all prior agreements, arrangements or understandings, whether oral or written, between the parties relating thereto, all of which have been integrated herein. SECTION 17. M4DIFICATION. - This Interlocal Agreement may not be amended, changed, or mod�ed, and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith; provided, however, that this Interlocal Agreement anticipates the entering of inemoranda of understanding as set forth in Section 6 herein. 16 SECTION 18. COUNTERPARTS. This Interlocal Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken : together, shall consti#ute one and the same document. IN WITNESS WHEREOF, the parties to this (nterlocal Agreement have caused their names to be afF'rxed hereto by the proper officers,tjiereir���,, _ �, � , �= �,4'!,......,��� A ST.• CITY OF W�J�'F�S�Ril�S��'•.,�' �'. ., ; � o �'� '! :� "s --- �� --�- - - � � ��.; . , ,� . , . e� . . Charles Lacey o : r► = � . : v- _ ;� � . �.. p : Approved as to form and �'� � ":'�SE3���= �, legal sufficiencY• �''`�►...,,.,... .. � � � - Anthony Garganese, City Attomey ATTEST.• CITY OF OVIEDO ♦ �'H��� ara J. B r, City Clerk Do ' Persampiere, Mayor .••' Gf t �""•, ,• ,. ;• f ` � ' ��AI i � ...' ���.' Approved as to form and � . . � eoI legal s ncy. . i = <- . : *� �. =^'z - • o Z � f � t _ ti • � � ��� i •�'••,.�►��� ^� � onnie N. Groot, C' A ey y �, t ;o ,.•� -��..,,.,..�,• ,,. 17