HomeMy WebLinkAboutIII(C) Approval And Authorization For Mayor And City Clerk To Execute Interlocal Agreement With Orange County Environmental Protection Department For Spraying Herbicides Agenda 5-02-2000
Item III C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" �._.._MAYOR•COMMISSIONER
Ocoee S.SCOTT VANDERGRIFT
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D CITY OF OCOEE CANNY HO ELL
COMMISSIONERS
150 N.LAKESHORE DRIVE
SCOTT ANDERSON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
n�y� rU (407)656-2322 NANCY J.PARKER
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or G 009 CITY MANAurx
ELLIS SHAPIRO
STAFF REPORT
TO: The Mayor and Board of City Commissioners ll
FROM: Bruce Nordquist, CLP,Director of Recreation �j N
DATE: April 24, 2000
RE: Interlocal Agreement with Orange County-Aquatic Vegetation Control
ISSUE:
Should the Mayor and City Commissioners approve the Starke Lake Interlocal Agreement
between Orange County Environmental Protection Department and the City of Ocoee.
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BACKGROUND & DISCUSSION:
The agreement is part of the"Fish Orlando" project administered by the Florida Fish and Wildlife
Conservation Commission. The purpose of the Interlocal Agreement is to establish the terms and
conditions for the control of aquatic plants in Starke Lake. This agreement will be effective for a
one year period and shall automatically be renewed for successive one year periods unless
terminated by either party.
The aquatic plant control will be accomplished by four applications per year at a cost of$259
per application ($1736/yr.) . Orange County will provide the spraying services at no cost and the
City will pay for the purchase of the herbicides. This cost will be budgeted in the Recreation
Department 00-01 budget and will serve as a maximum amount that Orange County can charge
for the aquatic control services. For the applications before the next budget year funds from the
Recreation Department operating supplies will be utilized. The four applications is the maximum
number needed and there is a good possibility that less than four will be needed to control the
vegetation.
I have attached a letter received from Jim Sweatman, FFWCC with more information on the
program to include the type of herbicide being used and their past experience using this chemical.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners approve the Starke Lake
Interlocal Agreement between Orange County Environmental Protection Department and the
City.
Attachments: Starke Lake Interlocal Agreement
Letter from.Jim Sweatman, FFWCC
PO . (paide•d'
Protect Ocees Water ResourceL�
STARKE LAKE INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered by and between CITY OF OCOEE, a political
subdivision of the State of Florida, whose address is City of Ocoee, 150 N. Lakeshore Dr, Ocoee,
Florida 34761, and ORANGE COUNTY, a political subdivision of the State of Florida, whose
address is 201 South Rosalind Avenue, Orlando, Florida 32801.
- WITNESSETH:
WHEREAS, pursuant to Chapter 163, Florida Statutes, local governments are encouraged
to cooperate on the basis of mutual advantage to provide services that will influence the needs of
local communities; and
WHEREAS, the parties are concerned and interested in the timely and adequate provision
of aquatic vegetation control to Starke Lake in Orange County and
WHEREAS, Starke Lake is within the political boundaries of Orange County; and
WHEREAS, Orange County has expertise in aquatic vegetation control; and
WHEREAS, it has been determined by the parties that aquatic vegetation control can be
accomplished efficiently in the manner set forth in this Agreement; and
WHEREAS, entering this interlocal Agreement is in the best interest of the citizens of
Orange County as it will benefit the health, safety, and welfare of said citizens.
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sS J
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, CITY OF OCOEE and ORANGE COUNTY agree as follows:
SECTION 1. RECITALS. The recitals, above, are true and form a material part of this
Interlocal Agreement.
SECTION 2. PURPOSE. The purpose of this Interlocal Agreement is to establish the
terms and conditions for the control of aquatic plants in Starke Lake in Orange County.
SECTION 3. TERM. This Interlocal Agreement shall commence and become effective
upon execution of the Interlocal Agreement by the parties,the later date of execution controlling.
This Interlocal Agreement shall automatically be renewed thereafter for successive periods of one
(1)year each,unless earlier terminated as provided herein.
SECTION 4. OBLIGATIONS OF CITY OF OCOEE.
(a) CITY OF OCOEE shall be responsible for advancing ORANGE COUNTY 100%
of the annual costs of aquatic plant control necessary in Starke Lake. Aquatic plant control will
be accomplished by herbicide application. Actual costs is defined as the costs of the chemicals
necessary for herbicide application. The annual budgeted amount established by CITY OF
OCOEE shall serve as the maximum amount of actual costs CITY OF OCOEE will be required to
contribute towards aquatic plant control in Starke Lake in any one fiscal year. The amount of
work programmed for any one year and reflected by the actual costs shall be determined by the
annual budgeted amount.
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SECTION 5. OBLIGATIONS OF ORANGE COUNTY.
(a) ORANGE COUNTY shall be responsible for providing all labor, equipment, and
chemicals necessary to conduct herbicide applications as needed to provide aquatic plant control
in Starke Lake.
(b) ORANGE COUNTY is under no obligation to perform any services under the
Agreement until 100% of the actual costs for such services has been received from CITY OF
OCOEE in accordance with Section 6, below, prior to the services being performed.
(c) The amount of work programmed will include control of nuisance plants within
areas enhanced by the Florida Fish and Wildlife Conservation Commission. The Fish Orlando!
coordinator or designee will be consulted as to what is deemed "nuisance"prior to any herbicide
applications.
SECTION 6. BILLING AND PAYMENT. Sixty(60) days prior to the commencement
of any treatment or series of treatments, an itemized invoice properly dated, describing the
services to be rendered, the actual costs associated with the services to be provided, and all other
information required, is any, by this Agreement shall be sent to City of Ocoee. As to city of
Ocoee, the original invoice shall be sent to:
Director of Ocoee Finance
City of Ocoee Commissioners
150 N. Lakeshore Dr.
Ocoee, Florida 34761
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A duplicate copy of the invoice shall be sent to:
Director, Public Works
370 Enterprise St
Ocoee, Florida 34761-2303
Payment shall be made after review and approval by the parties within thirty(30) days of receipt
of invoices.
Payment shall be sent to:
Environmental Protection Department
800 Mercy Drive
Orlando, Florida 32808
and made payable to Orange County.
In the event of a disagreement over the services to be rendered or the actual costs thereof,
the rendering of such services by Orange County shall be halted or withheld until agreement is
reached between the parties and the agreed upon actual costs are paid to Orange County.
SECTION 7. TERMINATION. This Agreement may be terminated, in whole or in
part, by either party at any time, with or without cause, upon not less than sixty(60) days
written notice delivered to the other party. However, any obligations under this Agreement
incurred prior to the termination date shall survive the termination and be performed or paid, as
the case may be.
SECTION 8. INDEMNIFICATION. Neither party to this Agreement, its officers,
employees and agents shall be deemed to assume any liability for the acts, omissions and
negligence of the other party, its officers, employees and agents.
SECTION 9. ASSIGNMENTS. Neither party to this Agreement shall assign this
Agreement, nor any interest arising herein. Without the written consent of the other.
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SECTION 10. NOTICES. Whenever either party desires to give notice unto the other,
notice may be sent to:
FOR CITY OF OCOEE
Ocoee City Manager
150 N. Lakeshore Dr.
Ocoee, Florida 34761
FOR ORANGE COUNTY
Manager
Environmental Protection Department
800 Mercy Drive
Orlando, Florida 32808
Either of the parties may change, by written notice as provided herein, the addresses or persons
for receipt of notices.
SECTION 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all
services pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules, and
regulation pertaining to, or regulating the provisions of, such services, including those now in
effect and hereafter adopted.
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IN WITNESS WHEREOF, the parties have hereunto set their hands as of the dates
written below.
ORANGE COUNTY, FLORIDA
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BY:
County Chairman
DATE:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk to the Board of County Commissioners
BY:
Deputy Clerk
FOR THE USE AND RELIANCE
OF ORANGE COUNTY ONLY.
APPROVED AS TO FORM
2000
Paul H. Chipok
Assistant County Attorney
CITY OF OCOEE, FLORIDA
BY:
DATE:
ATTEST:
BY:
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MEMORANDUM
DATE; 4/25/00
TO: Bruce Nordquist
FROM: Jim Sweatman
REFERENCE! Starke Lake Vegetation Management
Hi Bruce. Hope you have found,a good replacement for Robert Myers. When and if you get his new
address in Maryland I would like to write him.
This memo is in reference to questions you have regarding the Starke Lake vegetation lnterlocat
Agreement between Ocoee and the Orange County Environmental Protection Department(EPD). Some of
the information I am giving you is from my 4/14/00 meeting with John Pierce(F.PD)at Starke Lake.
First let me state once more in writing why it is necessary to have maintenance control of nuisance
aquatic plants on Starke Lake. The torpedo grass and cattails that were removed along your shoreline this
spring will quickly reinvade the area unless controlled with the herbicide Rodeo. This herbicide,when
applied properly,will not negatively impact the ecosystem;we have been using it successfully for years.
Hyacinths,which have established themselves throughout the entire lake,need to be treated with the
herbicide 2,4-D. Hyacinths left untreated,will quickly shade out native plants,deposit organic material on
the bottom and impact access by covering the entire lake. Removing the hyacinths
mechanically with a harvester involves ripping up native vegetation as well as the hyacinths;furthermore it
is costly. Removing hyacinths by hand requires many volunteers and work days on a regular basis.
Maintenance control of hyacinths(treating the plant when it is very small)with herbicides is cost
effective, deposits the least amount of organic material on the lake bottom and does not significantly impact
the native plants or the ecosystem.
Currently your hyacinths are not what i consider under maintenance control,so John Pierce has
already begun to treat certain sections of the lake(as opposed to the whole lake). By treating the lake in
sections he will not sink too many hyacinths at once creating oxygen problems.Our agency is paying for this
treatment.
According to the proposed interloeal agreement,once the nuisance plants are under control EPD will
treat the lake approximately four times/yr. Ocoee will pay for the herbicide which win be at an estimated
cost of$1,736/yr. This breaks down to$259 per hyacinth treatment and$175 per treatment of the recently
enhanced shoreline. There is a good chance it will require less treatments/ye at a reduced cost,but this is the •
worst case scenario. These costs include the 2,4-D,Rodeo and their associated polymers and Kenetics.
Labor is provided free of charge by the EPD,
if you have any questions before the May 2,2000 Commission meeting,please feel free to page me at
(407)510-0925.
CC: Robert Smith
Bill Coleman
Scott Hardin
Ed Hayes
Rue Hestand
Dean Barber
John Pierce
Beth Jackson
Anna Long