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Home My WebLink About2014 02 10 Consent 303 Florida Yards and Neighborhoods Agreement COMMISSION AGENDA Informational Consent X ITEM303 Public Hearings Regular February 10, 2014KLKL 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. The City Commission approved an FYN Agreement with Seminole County at the October 14, 2013 meeting; however, that Agreement was revised by Seminole County and was not executed by the parties. This agenda item identifies the changes and is requesting approval of the revised Agreement. 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 October 14, 2013 City Commission meeting, the Commission approved a 5-  Consent 303 PAGE 1 OF 4 - February 10, 2014 year Agreement with Seminole County for the City's participation in the FYN program. After the October 14, 2013 meeting, Seminole County requested several changes to the Agreement based on input from the participating cities in Seminole County, including the City of Winter Springs. The new Agreement is attached as Exhibit A and the the changes are summarized as follows: Preamble revised to remove the date to avoid conflict with other date  provisions in the agreement The last whereas clause was added to clarify the intent for the term of the  agreement to coincide with fiscal years Section 2 was modified to make the City's payment due within 60 days  following receipt of the County's invoice instead of by January 1 of each year of the agreement Section 3(b) was revised to allow flexibility to the County in issuing the  invoice to the City Section 6(b) incorporates the City's requested change to the indemnification  provision Section 13 was revised and Section 15 was added to allow the agreement to be  executed retroactively after its October 1, 2013 effective date The overall scope of work for the FYN program and the cost to the City have not  changed. The new agreement will run from October 2013 (retroactively) through September 2018, at a cost of $4,000 per year, or $20,000 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 Consent 303 PAGE 2 OF 4 - February 10, 2014 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. 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 Consent 303 PAGE 3 OF 4 - February 10, 2014 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, 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. Exhibit A - Interlocal Agreement (12 pages) Consent 303 PAGE 4 OF 4 - February 10, 2014