782-Volusia Mosquito 2008
COUNTY OF VOLUSIA INTERLOCAL
AGREEMENT FOR PROVISION OF MUNICIPAL
SERVICES TO THE CITY OF SANFORD
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TIDS 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 125.01 (P), Florida Statutes, to "enter
into agreements with other governmental agencies within or outside the boundaries 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
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
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 Deoartments. COUNTY shall manage the delivery of the Contract
Services by allocating service task responsibilities along the organi7.8tion lines
of the COUNTY'S Departments (hereinafter, "Department", as depicted in
PART IT 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. 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
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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 agreement modification to the level of service shall
be reduced to 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.
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 all 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 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 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 1st day of February 21, 2008,
and shall continue in effect until February 21, 2009. 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 16, given no less than 90 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
therefore is signed by an employee, official, or representative of the other
party .
10. Notice. Notice as required to be given in this Agreement shall be provided
to the following persons:
a.
COUNTY:
James T. Dinneen
County Manager
Thomas C. Kelly Administration Center
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123 W. Indiana Avenue
DeLand, Florida 32721
b.
CITY
Linda Kuhn
Mayor
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
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 of any other reason.
12. Disoute 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.
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.
V olusia County Mosquito Control will perform mosquito and midge
larviciding, and surveillance for the City of Sanford (hereinafter the
"City") routinely with in Sanford's city boundaries and within Lake
Monroe. Midge complaint investigation will take place at the direction of
the City.
2. Compensation
Listed below are labor, equipment and material rates that will be used when
calculating the actual cost for service.
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Labor Personnel for Mosquito and Midge Services:
Labor rates per hour: (inspector, spray tech, equipment operator, etc.)
Time: (Hours x Hourly rate) x 2.74 =
There will be overtime charge for work that extends beyond normal work hours.
Overtime: (Hours x Hourly rate) x 2.74 x 1.5 =
Materials and Chemicals:
All materials that are used will be billed at actual cost + 13.5% overhead fee.
Equipment:
Spray truck (large)
(herbicide, larvicide or barrier)
$14.001Hr.
UL V Spray truck
$18.001Hr.
Airboat
$ 23.001Hr.
Kicker boat
$ 14.001Hr.
Helicopter (with spray system)
$ .3 5 per acre
The CITY shall pay the COUNTY for mosquito and midge control services
within 30 days of receipt by CITY of COUNTY invoice for services. County will
invoice City within 30 days of previous months work.
PART III. Miscellaneous
1. Hold Harmless and Insurance. The County of V olusia (hereinafter the
"County") will indemnify and shall hold harmless the City for the
negligent acts or omissions of the County's employees.
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
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.
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
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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 in this section shall be deemed to relieve or limit the amounts to be paid
by the City for services rendered by County. Nothing in this Agreement 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
oflaw.
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 $500,000,00. A copy of the present certificate is
attached as Exhibit "B".
2. Entire A~ement. 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.
IN WITNESS WHEREOF, the parties to this Agreement have caused the same
to be signed by their duly authorized representatives this I..!i day of lJp/J,J ) ,2008.L!
AimST:.
COUNTY OF VOLUSIA, a political
subdivision of the State of Florida
By: ~f /-L.--o)
Frank T. Bruno, Jr.
County Chair
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. ~ T. Dinneen
CotmtY Manager
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ATTEST:
CITY OF SANFORD, a municipal
Corporation
By: q;;1ttfi<. &3Y~~ <:
et Dougherty U' Linda uhn
City Clerk Mayor
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