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Interlocal w/Sem County - Animal Control ServicesINTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITIES OF ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY, LONGWOOD, OVIEDO, SANFORD, AND WINTER SPRINGS FOR ANIMAL CONTROL SERVICES THIS INTERLOCAL AGREEMENT is made and entered into by and between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1141 E. 1 st Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY", and the following Florida municipal corporations: the CITY OF ALTAMONTE SPRINGS, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701; the CITY OF CASSELBERRY, whose address is 95 Triplet Lake Drive, Casselbeny, Florida 32707; the CITY OF LAKE MARY, whose address is 100 N. Country Club Road, Lake Mary, Florida 32746; the CITY OF LONGWOOD, whose address is 175 W. Warren Avenue, Longwood, Florida 32750, the CITY OF OVIEDO, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765, the CITY OF SANFORD, whose address is 300 N. Park Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, whose address is 1126 E. State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY" or "CITIES" WITNESSETH: WHEREAS, Section 163.0 1, Florida Statutes (2018), authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with 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; and Interlocal Agreement between Seminole County and Municipalities CERTIFIED COPY- GRANT MALO`r for Animal Control Services CLERK OF THE CIRCUIT COURT Page 1 of 17 AND COMPTROLLER ` SEMI OLE COUNTY, FLO IDA 8 DEPUTY CLERK WHEREAS, Section 163.01(4), Florida Statutes, provides that public agencies of the State of Florida may exercise jointly any power, privilege, or authority, which such agencies share in common and which each might exercise separately; and WHEREAS, COUNTY and CITIES are political subdivisions of Florida, which are recognized as "public agencies" within the meaning of Section 163.01(3)(b), Florida Statutes (2018); and WHEREAS, the parties to this Agreement have the common power to regulate and control animals within their respective geographic jurisdictions; and WHEREAS, CITIES desire that Parts I and II of Chapter 20 of the Seminole County Code (2018), which includes Sections 20.01-20.150 and is commonly referred to as the "Animal Control Ordinance" be applicable within their geographic boundaries; and COUNTY is agreeable to administering and enforcing these parts of Chapter 20, Seminole County Code, within the geographic boundaries of the CITIES; and WHEREAS, Section 1.4, Seminole County Home Rule Charter, asserts that municipal ordinances prevail over County ordinances to the extent of any conflict; and WHEREAS, Section 163.01(5), Florida Statutes (2018), provides that a joint exercise of power by such public agencies shall be made by contract in the form of an interlocal agreement, NOW, THEREFORE, for and in consideration of the promises, mutual covenants and agreements contained in this Agreement by and between the parties and for the mutual benefit of COUNTY and CITIES, 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 the agreement upon which the parties have relied. Section 2. Purpose. The purpose of this Agreement is to provide for the applicability and enforcement of animal control services as outlined in Parts I and II of Chapter 20, Seminole County Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 2 of 17 Code, commonly referred to as the "Animal Control Ordinance" within the geographic boundaries of CITIES. Section 3. Definitions. The definitions listed in Section 20.01, Seminole County Code, as they may be amended from time to time, apply to this agreement. Section 4. COUNTY Responsibilities. (a) Administrative Agent: COUNTY is designated as the party to administer this Agreement by and through its departments and officers. (b) Services provided: COUNTY shall provide services pursuant to this Agreement as specified in the Animal Control Ordinance of the Seminole County Code, as it may be amended from time to time. (c) Services to be provided at no cost: COUNTY shall provide to CITIES the services described above at no cost. CITIES hereby authorize COUNTY and its designated officers and agents to enter into the geographical limits of the CITIES for the purpose of taking custody of animals, impounding these animals in the facilities of COUNTY, and performing any and all other acts set forth in the Animal Control Ordinance. (d) Duties and levels of service: No officer or department of COUNTY may perform for the CITIES any function not within the scope of the duties of such officer or department in performing the same kind of services for COUNTY. Except as otherwise stated in this Agreement, COUNTY shall provide a level of services to CITIES that is the same basic level of services that COUNTY provides for COUNTY's County -wide responsibilities. Rendition of service, standards of performance, discipline of officers and employees, and other matters incident to performance of service and control of personnel will remain with COUNTY. In the event of a dispute between parties as to the extent of the duties and functions to be rendered in this Agreement, or the level or manner of performance of such service, the County Manager of COUNTY is granted the authority Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 3 of 17 to make the final and conclusive determination, except CITIES retain the exclusive right to withdraw from or terminate this Agreement as provided in Section 21 prior to the initial date of the dispute. (e) Venue: Venue for enforcement of the COUNTY ordinance by COUNTY employees shall be through the County Court, or in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida or Animal Control Board and not the CITIES' Code Enforcement Board or Special Magistrates. Section 5. CITIES' Responsibilities. (a) Cooperation: To facilitate performance under this Agreement, CITIES and their officers, agents, and employees shall provide COUNTY their full cooperation and assistance. (b) Municipal Ordinance Conflicts: In accordance with Section 20.02, Seminole County Code, the governing bodies of CITIES shall repeal all municipal ordinances or portions of them inconsistent with the Animal Control Ordinance. Alternatively, each respective CITY, and not COUNTY, is responsible for enforcing any conflicting ordinance of that CITY within the geographical boundaries of such CITY that maintains the conflicting ordinance. CITIES that adopt inconsistent or conflicting provisions shall be responsible for enforcement. Section 6. Liability. Each party to this Agreement, its officers, employees, and agents do not assume and specifically disclaim any liability for the acts, omissions, or negligence of the other party, its officers, employees, or agents, arising from or related to this Agreement except as otherwise provided by this Agreement. Section 7. Employee Status. (a) COUNTY Employ: Persons employed by COUNTY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of CITIES, nor do these employees have any claims to pensions, workers' compensation, Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 4 of 17 unemployment compensation, civil service, or other employee rights or privileges granted to CITIES' officers and employees either by operation of law or by CITIES. (b) CITY Employees: Persons employed by CITIES in the performance of services and functions pursuant to this Agreement are deemed not to be employees or agents of COUNTY, nor do these employees have any claims to pensions, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Section 8. Notice. Any notice delivered with respect to this Agreement must be in writing and will be deemed to be delivered, whether or not actually received, when (i) hand -delivered to the persons designated below, (ii) mailed by UPS or FedEx, (iii) by electronic mail with read receipt requested, or (iv) when deposited in the United States Mail, postage prepaid, certified mail, return -receipt requested, addressed to the person at the address for the party as set forth below, or such other address or to such other person as the party may have specified by written notice to the other parry delivered according to this section: As to COUNTY: County Manager Seminole County Government 1101 E. lst Street Sanford, Florida 32771 As to CITY OF ALTAMONTE: City Manager City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, Florida 32701 AS TO CITY OF CASSELBERRY: City Manager City of Casselberry 95 Triplet Lake Drive Casselberry, Florida 32707 Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 5 of 17 City Manager City of Lake Mary 100 N. Country Club Road Lake Mary, Florida 32746 AS TO CITY OF LONGWOOD: City Manager City of Longwood 175 W. Warren Avenue Longwood, Florida 32750 AS TO CITY OF OVIEDO: City Manager City of Oviedo 400 Alexandria Boulevard Oviedo, Florida 32765 AS TO CITY OF SANFORD: City Manager City of Sanford 300 N. Park Avenue Sanford, Florida 32771 AS TO CITY OF WINTER SPRINGS: City Manager City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Section 9. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Section 10. Parties Bound. This Agreement is binding upon and inures to the benefit of CITIES and COUNTY, and their successors and assigns. Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 6 of 17 Section 11. Conflict of Interest. (a) The parties shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with another party or parties, or that would violate or cause third parties to violate the provisions of Part 111, Chapter 112, Florida Statutes (2018), as this statute may be amended from time to time, relating to ethics in government. (b) Each party hereby certifies that none of its officers, agents, or employees have any material interest, which is defined in Section 112.312(15), Florida Statutes (2018), as over 5%, as this statute may be amended from time to time, either directly or indirectly, in the business of the other parties to be conducted here, and that no such person will have any such interest at any time during the term of this Agreement. (c) Each party has the continuing duty to report to the other parties any information that indicates a possible violation of this Section. Section 12. Dispute Resolution. in place of the procedures in Chapter 164 of the Florida Statutes, any party to this Agreement may notify the other party or parties, in writing, that it wishes to commence formal dispute resolution with respect to any unresolved problem under this Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as provided in Section 9 above, is the sole venue for any such civil action. The parties further agree that any such action will be tried to the Court, and the parties hereby waive the right to jury trial as to such action. Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 7 of 17 Section 13. Entire Agreement. (a) It is understood and agreed that the entire agreement of the parties is contained in this Agreement, which supersedes all oral agreements, negotiations, and previous agreements between the parties relating to the subject matter of this Agreement. (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 all parties, except as otherwise specifically provided in this Agreement. Section 14. Assignment. This Agreement may not be assigned by any party without the prior written approval of the other parties. Section 15. Severability. If any provision of this Agreement or the application of this Agreement to any person or circumstance is held invalid, it is the intent of the parties that the invalidity will not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Section 16. Public Records Law. (a) CITIES and COUNTY acknowledge each other's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute maybe amended from time to time, to release public records to members of the public upon request. CITIES and COUNTY further acknowledge that all parties are required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute maybe amended from time to time, in the handling of the materials created under this Agreement and that this statute controls over the terms of this Agreement. Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 8 of 17 (b) Failure to comply with this Section will be deemed a material breach of this Agreement, for which the non -breaching party may terminate this Agreement immediately upon written notice to the breaching party. Section 17. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. Section 18. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. Section 19. Effective Date. The Effective Date of this Agreement will be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of the parties. 1, Section 20. Term of Contract. This Agreement shall remain in effect from the Effective Date until such time as the parties elect to terminate this Agreement in accordance with Section 21 of this Agreement. However, termination or withdrawal of a CITY will not affect the effectiveness of this Agreement between COUNTY and the remaining CITIES. Section 21. Termination or Withdrawal. A party may terminate or withdraw from this Interlocal Agreement with ninety (90) days' written notice, pursuant to Section 8 above, to the non -terminating party(ies). Upon a CITY's termination or withdrawal of this Agreement, the terminating CITY shall be responsible for animal control services within its geographic boundaries. IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 9 of 17 tQ �ti•� � err i County - ioners of Seminole County,_ Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. =Wilms 20 R. I1 BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLQRIDA CAREY, Chairman 0�ILS As authorized for execution by the Board of County Commissioners at its 1 , 20 lq , regular meeting. MMWlpk/arg 125/19 TX=s\Legal Seaetary CSB\Animal ServicesUnterlocal Ag mncot with Municipalities for Animal Control Services Jao25(19).docx [The balance of this page is left intentionally blank; signatory pages follow.] Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 10 of 17 ATTEST: k JK Pr1'1 ANGI APPERSOW, eity Clerk Approved as to form and CITY OF ALTAMONTE SPRINGS By -6&Yj-.6� PAT BAT S, Mayor Date: 3 /s'11 R [The balance of this page is left intentionally blank; signatory pages follow.) Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 11 of 17 ATTEST: ONNA G. GARDNER, City Clerk Approved as to form and Legal sufficiency. CATHERINE D. REISCHIVIANN City Attorney CITY OF CASSELBERRY By: C�— CHARLENIff GLANCM016r Date: 1 X2(5 [The balance of this page is left intentionally blank; signatory pages follow.] Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 12 of 17 ATTEST: (?,, a t=tn A. FOSTER, City Clerk Approved as to fo .-n and Legal sufficiency. rjo\,� CATHERINE D. REISCHNIANN City Attorney 0 DAVID J. MFJ&DR, Mayor C Date: r� HCl / z tQ © / c [The balance of this page is left intentionally blank; signatory pages follow.] •STS . Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 13 of 17 Approved as to form and Legal sufficiency. DANIEL LAN LE City Attorney CITY OF LONGWOOD By: B ARIS, Mayor Date: fil& t'/ j1 Y. [The balance of this page is left intentionally blank; signatory pages follow.] Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 14 of 17 ATTEST: k)c'nf— BARBARA B46BOUR, City Clerk Approved as to form and Legal sufficiency. CITY OF OVIEDO By: DOMIN ERSAMPIERE, Mayor Date: [The balance of this page is left intentionally blank; signatory pages follow.] Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 15 of 17 ATTEST: 680 1 e I jmZ100, POQ kt TRACI HOUCHIN, City Clerk Approved as to form and Legal sufftcient_y. Lary Huorney CITY OF By: JEFF TRI I*W*.- H ;jam, Mayor ad l q [The balance of this page is left intentionally blank; signatory pages follow.] Interlocal Agreement between Seminole County and Municipalities for Animal Control Services Page 16 of 17 ATTEST: t ANDR A LOR.ENZO-r,UACES, City Clerk Approved as to form and Legal sufficiency. Al -l -- ANTHONY GARGANESE City Attorney CITY OF WINTER SPRINGS By: CHARLES Y, ayor Date: Mie balance of this page is left intentionally blank.] Interlocal Agreement between Seminole County and Municipalities for Animal Cootrol Services Page 17 of 17