HomeMy WebLinkAbout1451 Interlocal w/Volusia County for mosquito control ( {5 /
COUNTY OF VOLUSIA INTERLOCAL
AGREEMENT FOR PROVISION OF MUNICIPAL
SERVICES TO THE CITY OF SANFORD
THIS AGREEMENT is entered into by and between the COUNTY OF
VOLUSIA, a political subdivision of the State of Florida, with administrative offices
at 123 West Indiana Avenue, Deland, Florida 32720 -4613, hereinafter referred to as
"COUNTY ", and the CITY OF SANFORD, a municipal corporation duly
incorporated pursuant to the laws of the State of Florida, with administrative offices
at 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as
"CITY ".
RECITALS
WHEREAS, the COUNTY is authorized by Section 125.01 (p), Florida
Statutes, to "enter into agreements with other governmental agencies within or
outside the bounders of the county for the joint performance, or performance by one
unit in behalf of the other, of any of either agency's authorized functions ", and
WHEREAS, public agencies (including COUNTY and CITY) are authorized
by Section 163.01 (14) Florida Statutes, to "enter into contracts for the performance
of service functions of [such] public agencies, but shall not be deemed to authorize
the delegation of the constitutional or statutory duties of ... county or city officers ".
The parties expressly deny any intent, express or implied, in this Agreement to
provide for a delegation by CITY of such constitutional or statutory duties to
COUNTY; and
WHEREAS, the foregoing authorization for such agreements is granted to
counties and cities for the purpose of permitting "local governments to make the most
efficient use of their powers by enabling them to cooperate with the other localities on
a basis of mutual advantage and thereby to provide services and facilities in a manner
and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities." 163.01 (2), Florida Statutes; and
WHEREAS, the City Commission of CITY, after evaluation of options for
the provision to its residents of the municipal services enumerated herein, has made a
legislative determination that the interests of its residents will be best served by
contracting with COUNTY for provision of such services, which services will be
performed by COUNTY personnel; and
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WHEREAS, COUNTY certifies that it either currently has, or will employ, a
sufficient number of personnel, appropriately qualified to perform the services
enumerated therein, and COUNTY is willing to provide such services to CITY.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
PART I. General Provisions
1. The foregoing representations are hereby adopted as a material part of this
Agreement.
2. Purpose. The purpose of this Agreement is for the COUNTY to provide
specified municipal services and equipment to the CITY (hereinafter, the
"Contract Services "), at an agreed upon level of service ( "LOS ") as
reflected herein, in lieu of the CITY using its own personnel and
equipment therefore.
3. County Departments. COUNTY shall manage the delivery of the
Contract Services by allocating service task responsibilities along the
organization lines of the COUNTY' S Departments (hereinafter,
"Department ", as depicted in PART II hereof. The Director of the
applicable Department (or his or her designee) shall be in the COUNTY'S
liaison to CITY for purposes of performance, interpretation and
implementation of this Agreement.
4. No Pledge of Ad Valorem Taxes. The parties agree that this
Agreement does not constitute a general indebtedness of the CITY within
the meaning of any constitutional statutory, or charter provision of
limitation and it is expressly agreed by the parties that the COUNTY shall
not have the right to require or compel the exercise of ad Valorem taxing
power of CITY, or taxation of any real or personal property therein for
payment of any monetary obligations due under the terms of this
Agreement. It is further agreed that this Agreement and any funds called
for to be paid hereunder shall not constitute a lien upon any real or
personal property of CITY, or any part thereof, and that the obligation for
monetary payments called for to be made hereunder shall be deemed to
exist for less than a year at any point in time and shall be entirely subject
to the legislative budgetary discretion of the CITY and the COUNTY.
5. Division of Management Responsibilities. The Contract Services
specified in this Agreement reflect the managerial and policy decisions of
the CITY. Beyond the types of services identified herein, the CITY may
identify the tasks within the scope of this Agreement to be performed by
COUNTY, and the portion of the relevant budget to be allocated thereto,
including, but not limited to the location, and nature of specific projects.
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The COUNTY shall have the responsibility for the operational
management of the actual work. In cases where specific professional
standards are applicable to the design or performance of such tasks, the
COUNTY'S designated officer in charge ( "OIC "), or his or her designee,
shall have the authority for decision making within that realm. The
relevant COUNTY Department Director or the OIC shall be available on a
regular basis to the City Manager to provide consultation and
recommendations to the City Manager in his or her general management
decisions as contemplated herein.
6. Level of Service. COUNTY agrees to provide the personnel and
equipment at the level of service reflected herein. Should the CITY desire
the COUNTY provide services either different in kind, or at a higher level
than that contemplated herein, the City Manager shall make written
request therefore to the County Manager. Any writing and approved by
both parties. Any reduction in level of service desired by the CITY shall
only be effective at the beginning of a new contract year unless both
parties agree otherwise. Although the COUNTY will coordinate times and
dates of midge control services with the CITY, all provisions of such
services shall occur under the direction of the COUNTY.
7. Personnel Matters. COUNTY shall allocate manpower and equipment for
the performance of the Contract Services. On an "as needed" basis. This
Agreement shall not require any particular COUNTY employee to be
dedicated full time to the Contract Services. All COUNTY personnel
assigned to perform Contract Services shall remain subject to COUNTY
merit rules and regulations for at purposes contemplated thereunder,
including, but not limited to initial appointment and probation,
promotions, merit and cost -of- living raises, annual leave and sick leave
and disciplinary actins. Any claim of a disciplinary nature by CITY
regarding a COUNTY employee shall be referred to the Department
Director, who shall remain the "appointing authority" for such employee,
for all purposes designated under COUNTY Merit Rules. Such COUNTY
employees shall have no right to elect or choose any procedures available
to CITY employees.
8. Term. This Agreement shall take effect August 23, 2011 the date of
the signatories of the parties notwithstanding, and shall continue in effect
until August 31, 2012. The parties have agreed under the provisions of the
prior year agreement relating to midge control through June 30, 2011. The
parties may, by mutual agreement, renew this Agreement upon the same
or modified terms.
9. Termination. Either party may terminate this Agreement without
cause or further liability to the other, upon written notice to the party
representative specified in Section 10, given no less than 90 days prior to
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the requested termination date. Such notice shall be delivered by certified
mail, return receipt requested, and the date of the notice shall be the date
the receipt therefore is signed by an employee, official, or representative
of the other party.
10. Notices. Notice required to be given under this Agreement shall be
provided to the following persons:\
a. COUNTY James T Dinnen
County Manager
Thomas C Kelly Administrative Center
123 W Indiana Avenue
DeLand, Florida 32721
b. CITY The Honorable Jeff Triplett
Mayor, City of Sanford
P 0 Box 1788
Sanford, Florida 32772
11. Third Parties. In no event shall any of the terms of this Agreement
confer upon any third person, corporation, or entity other than the parties
hereto any right or cause of action for damages claimed against any of the
parties to this Agreement arising from the performance of the obligations and
responsibilities of the parties herein or for any other reason.
12. Dispute Resolution. Any disputes concerning non - performance, or other
aspects of this Agreement for which either party initiates litigation to enforce
its rights hereunder, shall be subject to the provisions of Chapter 164, Florida
Statutes, and the "Florida Governmental Cooperation Act ".
13. Severability. If any provision of this Agreement is found to be
unconstitutional, illegal, or otherwise unenforceable by judgment of a court of
competent jurisdiction, such judgment shall not invalidate the remainder of
this Agreement, unless such judgment renders the purpose or performance of
this Agreement no longer practical for either party.
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PART II. Specific Services
Article One. Public Works Services
1. Midge Control. Volusia County Mosquito Control will perform midge
surveillance and control for the CITY within the limits of the CITY and within
Lake Monroe. Midge control may include larviciding and diversionary lighting.
Midge complaint investigation will take place at the direction of the CITY. Midge
control services shall be provided by the COUNTY at the request of the CITY to
the OIC and at a time that COUNTY personnel and equipment are available as
determined by OIC. The COUNTY will coordinate times and dates of midge
control services with the CITY. Provision of midge control services shall occur
under the direction of the COUNTY.
2. Compensation
(a). Personnel for midge services will be charged as follows:
Time: Work hours x current hourly rate at time of
service x current overhead rate at time of service.
Overtime: Work hours x current hourly rate at time of service x
1.5.
(b). Equipment consisting of a variety of trucks and boats will be used for
midge control services. Each piece of equipment will be listed on
billing invoice together with the hourly rate current at the time of
service.
(c). All materials and chemicals used for midge control for CITY will be
billed at the actual cost of the material or chemical; the overhead rate
includes any handling charge.
(d). Compensation under this Agreement shall not exceed the total sum of
Sixty -Five Thousand ($65,000.00) dollars absent a supplement
agreement being entered by the parties providing for compensation in
excess of that amount.
3. Payment.
The CITY shall pay the COUNTY for midge control services within 30 days of
receipt by CITY of COUNTY's invoice for services. COUNTY will invoice
CITY monthly for midge control services except for any month in which no
service is provided.
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PART III. Miscellaneous
1. Hold Harmless and Insurance. The COUNTY will indemnify and shall hold
harmless the CITY for the negligent acts or omissions of the COUNTY's
employees. The COUNTY will provide the CITY with evidence of its insurance
program at the request of the CITY.
The CITY shall indemnify and shall hold harmless the COUNTY from any and
all claims except those, which involve operational acts or omissions of any
COUNTY employee unless said employee was acting at the direction of the
CITY. As the midge control services under this contract are on an "as requested
basis ", the CITY shall indemnify and shall hold the COUNTY harmless from any
claim predicted upon the theory that the failure to provide services at a given time
caused damages to the complainant. For those claims arising solely from the acts
or omissions of the CITY, its officers, members, employees, agents or assignees,
the CITY will indemnify and hold the COUNTY harmless. The CITY will
provide the COUNTY with evidence of its insurance program at the request of the
COUNTY.
2. Sovereign Immunity. Each participating party expressly retains all rights,
benefits and immunities of sovereign immunity in accordance with Section
768.28, Florida Statutes. Unless otherwise pre - empted by federal law, this
Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Notwithstanding anything set forth in any section of this
Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver
of immunity of limits of liability of either party beyond any statutory limited
waiver of immunity or limits of liability which may have been adopted by the
Florida Legislature or may be adopted by the Florida legislature and the cap on
the amount and liability of either party for damages regardless of the number or
nature of claims in tort, equity or contract shall not exceed the dollar amount set
by the legislature for tort. Nothing herein shall be deemed to relieve or limit the
amounts to be paid by the CITY for services rendered by COUNTY. Nothing
herein shall inure to the benefit of any third party for the purpose of allowing any
claim against either party, which would otherwise be barred under the Doctrine of
Sovereign Immunity or operation of law.
3. Entire Agreement. This agreement reflects the full and complete
understanding of the parties and may be modified or amended only by a document
in writing executed by all the parties, with the same formalities as this Agreement.
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IN WITNESS WHEREOF, the parties to this Agreement have caused the same
to be signed by their duly authorized representatives on the date set forth below.
AT'' S. 7 COUNTY OF VOLUSIA, a political
/ subdivision of the State of Florida
A � 1 i
By: 4Iwi► ` = • - — _ _ .
/ aid s % le r rank T Bruno, Jr.
unt a . ger /Clerk County Chair
7 44/04 ) Date: i / �'� Date: 1 /
ATTEST: CITY OF SANFO ' t , a municipal
Corporation '
B , ' t` . (/? " . B /
By: sm fit
Janet Dougherty / r Jeff Triplet 11
City Clerk Mayor
Date: q_ /4 Date: r`l aD //
Approved as to form and legal suffi iency.
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.% am L. ert City A ft , / ey
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