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