HomeMy WebLinkAbout782-Volusia Mosquito 2001/02 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
pohtica~ subdivision of the State of Florida, with administrahve 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 aclministrative offices at 300 North Park Avenue, Sanford, Florida 3277'I,
heroinafter referred to as "CITY"
RECITALS
WHEREAS, the COUNTY ,s authorized by §125.01 (p), Floncla Statutes, to ':enter
into agreements with other governmental agencies within or outside the boundaries of the
county for the joint pe~ormance, or performance by one unit in behaif of the other, of any
of either agency's authorized functions'1. anc~
WHEREAS, public agencies (including COUNTY and CITY) are authorized by
§163.01 (14), Florida Statutes. to "enter into contracts for the performance of service
functions of [such~j public agencies, but shatl not be deemed to authorize the deleOation
of the constitutional or statutory duties of ... county or city officers." the parties expressly
deny any intent, express or impiieC, in this Agreement to provide for a delegation by CITY
of such constitutional or statutory duties to COUNTY; and
WHEREAS, the foregotng authorization for such agreements is granted to counties
and cities for the purpose of permitting "locai governments to make the most effic/ent use
of their powers by enabling thern to cooperate with the other localities on a basis of mutuai
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
cor~tracting with COUNTY for provision ot 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 Purcose. The purpose of this Agreement is for the COUNTY to provide
specified municipal services and equipment to the CITY (hereina~er the "Contract
Services"). at an agreed upon level r~f service ("LOS") as reflected herein, in lieu of the
CITY using its own personnel and equipment therefor.
3. County Departments. COUNTY shaft manage the delivery of the Contract
Services by allocating service task responsibilities along the organization lines of the
COUNTY'S Departments (hereina~er, "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 Valorera 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 valorera 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 shaft be entirely subject to the legislative budgetary
discretion of the CITY and the COUNTY.
5. Division of Management Responsibilibes. The Contract Services specified
in this Agreement reflect the managerial and policy decisions of the CITY. Beyond the
types of services identified heroin, 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
allocsted thereto, including. but not limited to the location, and nature of specific projects.
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
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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 availabte on a regular basin to the City
Manager to provide consultation and recommendations to the City manager ~n his or her
gonerat management decisions as contempiated heroin.
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
serwces either different in kind, or at a higher leve~ than that contemplated heroin. the City
Manager shall make written request therefor to the County Manager. Any agreement
modification to the level of service shah be reguced to writing and approved by both
parties. Any reduction in level of service desired by the CITY shall only be effective at the.
beginning ot a new contract year unless both parties agree otherwise.
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 pamcular 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 all purposes contemplated thereunder,
inciuding, but not limited to initial appointment and probation, promotions, merit and cost-
of-living raises. annual leave and sick leave and disciplinary actions. Any claim of a
disciplinary nature by CITY regarding a COUNTY employee shall be referred to the
Department Director, who shall remain the "appointment authority" for such employee, for
all purposes designated under the 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 on the 4th day of October. 2001, and
shall continue in effect until September 30, 2002. The parties may, by mutual agreement,
renew this Agreement upon the same or modified terms. Should the CITY desire to renew
this Agreement. it sha~i make application in writing therefor, to COUNTY, no later than May
15 of that contract year.
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 16, given no less than 180 days prior to 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 therefor is signed by an empioyee. official, or
representative of the other party
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10. Notice. Notice as required to be given in this Agreement shall be provided
to the following persons:
a. COUNTY: Cindy Coto
County Manager
Thomas C. Kelly Administration Center
123 W. tndiana Avenue
DeLand, Florida 32721
b. CITY: Brady Lessard
Mayor
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
11. Third Parties. tn 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
causo 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 otlqer
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, 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 shafl not invalidate the remainder of this Agreement, unless
such judgment renders the purpose or performance of this Agreement no longer practical
tor either party.
PART II. Specific Services
Article One. Public Works Services
1 Mosquito and Midge Control Mosquito and midge control services at the
request of the CITY upon notification to and availability from the COUNTY.
East Volusia Mosquito Control District will perform mosquito and midge
larviciding, and surveillance for the City of Sanford (hereinafter the "City") on an "as
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available" basis within Sanford's city boundaries and within the shore line of Lake Monroe,
shown in Exhibit "A". Mosquito and midge trapping will be "as needed for surveillance" in
areas prone to mosquito and midge annoyance. Mosquito and midge complaint
investigation will take place at the direction of the City.
2. Compensation
Personnel for Mosquito Surveillance $28.82/Hr. per person
Landing Rates/Trapping
(Minimum 2 hour charge)
Personnel for Mosquito Larviciding $28.82/Hr. per person
MtDGE CONTROL EQUIPMENT/PERSONNEL:
Larval surveillance boat with personnel $80.00/Hr,
(Minimum 2 hour charge)
Larviciding with boat and sprayer with
personnel $80.00/Hr
(Minimum 2 hour charge)
Adult surveillance (trapping) with personnel $28.82/Hr, per person
(Minimum 2 hour charge)
CHEMICALS:
Chemical will be charged at the purchase cost to the County plus five
percent (5%) for handling costs,
The CITY shall pay the COUNTY for mosquito and midge control services within 30
days of receipt by CITY of COUNTY invoice for services.
PART III. Miscellaneous
1. Ho(d Harmless and Insurance, The County of Votusia (hereinafter the
"County") wiU indemnify and shall hold harmless the City for the negrigent acts or
omissions of the County's employees
The City shall indemnify and shall hold harmless the County from any and
at{ claims except those which invoive operational acts or omissions of any County
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employee unless said employee was acting at the direction of the City. As the mosquito
and 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 predicated 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. Should the City and the County be found to be joint tort feesors on a
given claim, then each will bear the expense (to the extent they are not covered by
insurance) for its respective share of attorney's fees, costs, and damages. if any. to the
claimant.
Nothing in this agreement shall be deemed to waive the limits of liability
pursuant to Section 768.28, Florida Statutes, or sovereign immunity defense available
against any person other than the parties and nothing in the agreement shall inure to the
benefit of any third person.
The City shall obtain and maintain comprehensive general liability, etc.,
insurance insuring the City and County from loss for acts and omissions arising out of this
contract in a CSL of at least $500,00000 A copy of the present certificate is attached as
Exhibit 'B".
2. Entire Agreement. This Agreement reflects the full and complete
understanding of the parties end may be modified or amended only by a document in
writing executed by all the parties, with the same formalities as this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have caused the same to
be signed by their duly authorized representatives this ~,~k. day of ~-~,'~-x .2001.
ATTEST: COUNTY OF VOLUSIA,-apoliticat'
subdivision of the State of ~orida
Cindy C
ATFEST: CITY OF SANFORD a mun'ci
City Clerk Mayor