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1333 Intrlcl w/Volusia Co/midge controlPv°R PUBLIC WORKS DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return original ❑ Return copy Special Instructions: For your files. ❑ Mayor's signature ❑ Recording ❑ Rendering • Safe keeping (Vault) Please advise if you have any questions regarding the above. Thank you! Kris Strine _October 12, 2010 From Date T:\PW FORMS \City Clerk Transmittal Memo - 2009.doc ;R e= TA T-A cT.A 1 �E 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 1 ylll'� N R CI CD I--; C N 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. 2 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 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. 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 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 "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 1, 2010 the date of the signatories of the parties notwithstanding, and shall continue in effect until August 31, 2011. The parties have agreed under the provisions of the prior year agreement relating to midge control through June 30, 2010. 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 3 representative specified in Section 10, 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. 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 Linda Kuhn Mayor, City of Sanford P O 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. 4 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. :11 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. 3 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. ATTEST: y a e nneen ' Couht Manager% perk Date: / h ATTEST: By Janet Dougherty City Clerk \\ Date: % --r I �) 7 COUNTY OF VOLUSIA, a political subdivision of the State of Florida By: rank T Bruno, Jr. County Chair Date: q// � /� /D CITY OF SANFORD, a municipal Corporation Linda Ku Mayor Date: — t Z 4 0_ l;