782-Volusia Mosquito 2002/03 (Not Dated)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 §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 therefor.
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 Pledqe 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 Manaqement 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 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 therefor 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 allocatemanpowerandequipmentforthe
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 the COUNTY Merit Rules. Such COUNTYemployees 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 October, 2002, and
shall continue in effect until September 30, 2003. The parties may, by mutual agreement,
renew this Agreement upon the same or modified terms. Should the CITY desire to renew
this Agreement, it shall 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 cedified mail, return receipt requested, and the date of the
notice shall be the date the receipt therefor 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:
Cindy Coto
County Manager
Thomas C. Kelly Administration Center
123 W. Indiana Avenue
DeLand, Florida 32721
Brady Lessard
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 orfor 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 16,1, 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 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 Midqe Control. Mosquito and midge control services at the
request of the CITY upon notification to and availability from the COUNTY.
Volusia CountyMosquito Control will perform mosquito and midge larviciding,
and surveillance for the City of Sanford (hereinafter the "City") on an "as available" basis
within Sanford's city boundaries and within 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
Landing Rates/Trapping
(Minimum 2 hour charge)
$28.85/Hr. perperson
Personnel for Mosquito Larviciding
$28.85/Hr. per person
MIDGE CONTROL EQUIPMENT/PERSONNEL:
Larval surveillance boat with personnel
(Minimum 2 hour charge)
$80.00/Hr.
Larviciding with boat and sprayer with
personnel
(Minimum 2 hour charge)
$80.00/Hr.
Adult surveillance (trapping) with personnel
(Minimum 2 hour charge)
$28.85/Hr. per person
CHEMICALS:
Chemical will be charged at the purchase cost to the County plus five
percent (7%) 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.
PARTIII. Miscellaneous
1. Hold Harmless and Insurance. The County of Volusia (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.
Should the City and the County be found to be joint tort feasors 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 $500,000.00. A copy of the present certificate is attached as
Exhibit "B".
2. Entire A,qreement. 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 alt 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 _ day of ,2002.
-~ounty Manager
ATTEST:
'J~n~t Dougherty
City Clerk
COUNTY OF VOLUSlA, a political
subdivisi~on of the State o/f/Florida
Ann McFall, Chair
CITY OF SANFORD, a municipal
cor~n --
Bra~:Les~sar~d~~'~
Mayor