HomeMy WebLinkAbout2011 02 24 Joint Economic Development Task Force Other Referred To By City AttorneyDate: February 24, 2011
The following document was referred to by City
Attorney Anthony Garganese during Agenda
Item "4. Sunshine Law Orientation" at the Joint
Economic Development Task Force Orientation
Meeting on February 24, 2011:
CITY OF OVIEDO /CITY OF WINTER SPRINGS
INTERLOCAL AGREEMENT RELATING TO A JOINT ECONOMIC
DEVELOPMENT TASK FORCE LO ' --
THIS INTERLOCAL AGREEMENT is made and entered into this ay
Of , 20 , 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.
MTNESSETH.
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
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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.
(b) Policies. --
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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.
12. Encourage the development of a business climate that
provides opportunities for the growth and expansion of existing
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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
and OVIEDO; and
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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.
SECTION 2. CREATION OF THE WINTER SPRINGS - OVIEDO
ECONOMIC DEVELOPMENT TASK FORCE, PROCEDURES._
(a). A Joint Economic Development Task Force of WINTER SPRINGS
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(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 four (4) 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
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.
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(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; (ii) the President of the
Oviedo/Winter 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
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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
SPRINGS unless otherwise authorized jointly by the local governing bodies of
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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.
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,
strategies for achieving the primary objectives set forth in Section 3 of this
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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;
4. Providing suggestions to the OVIEDO City Council and the WINTER
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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
Development Task Force will relate to activities in which records are granted a
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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
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.
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
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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
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
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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:
For OVIEDO:
The City of Winter Springs
Attn: City Manager
City Hall
1126 East State Road 434
Winter Springs, Florida 32708
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 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 Interlocal
Agreement or violate any laws pertaining to civil rights, equal protection or
discrimination.
(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
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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 Ill, Chapter 112, Florida Statutes, relating to ,ethics in
government.
SECTION 11. CONTROLLING LAWSNENUElINTERPRETATION.
(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.
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
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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 AGREEMENTIINTEGRATION.
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
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.
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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.
A TT ST.
i
Approved as to form and
legal sufficiency.
�C.
Anthony Garganese, City Attorney
ara J. B�Wr, City Clerk
Approved as t o f and
ffic
j onnie W G r oot � .-
Cha
CITY OF OVIEDO
,. '1...,
Do Persampiere, Mayor G1,
yyyy
•
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CITY OF WINTER SPRIRGS