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HomeMy WebLinkAboutItem #04 Water Atlas Interlocal Agreement with Orange County be cen ter of Good S � �..-_ AGENDA ITEM COVER SHEET Meeting Date: October 2, 2012 Item # / Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: i ` G Subject: Water Atlas Interlocal Agreement with Orange County. Background Summary: The Orange County Water Atlas project has been in effect for six years. It is a geographic -based website that provides information regarding data collected in watersheds throughout the County. The site receives over 4 million hits per year, reducing staff time needed for answering water resource questions and provides the citizens of Ocoee with immediate access to information. New additions for 2012 include an online curriculum, a watershed excursion page, and access to FLIP, a smart phone application for identifying invasive plant species. The site can be accessed at www.orange.wateratlas.org. Partnership in the Water Atlas allows the City to receive NPDES (National Pollutant Discharge Elimination System) illicit discharge education and water quality monitoring reporting credit in addition to TMDL (Total Maximum Daily Load of potential pollutants in water bodies) education credit. The City of Ocoee is a co- permitee on the Orange County NPDES permit and participates in the collection of data on water quality and lake levels within Ocoee for the Water Atlas project. The agreement is for a three (3) year term with annual financial support from the City in the amount of $2,286.00. Public Works recommends City Commission approval to participate in the Water Atlas through execution of the Interlocal Agreement for Watershed Atlas Project. Issue: Request authorization to participate in the Watershed Atlas Project through an interlocal agreement with Orange County. Recommendations Recommend Commission approval of Orange County, Florida and City of Ocoee, Florida Interlocal Agreement for Watershed Atlas Project with annual support from the City in the amount of $2,286.00 as funded from the Stormwater Division. Attachments: Interlocal Agreement for Watershed Atlas Project Financial Impact: The $2,286.00 contribution is adequately funded in the Public Works Department's Stormwater Division budget. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: Ordinance First Reading y;, Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept.LZ -- N/A Reviewed by ( ) N/A 2 06/08/12 ORANGE COUNTY, FLORIDA and CITY OF OCOEE, FLORIDA INTERLOCAL AGREEMENT for WATERSHED ATLAS PROJECT THIS INTERLOCAL AGREEMENT is made and entered into this day of 2012, by and between Orange County, a charter county and political subdivision of the State of Florida ("County "), and the City of Ocoee, a municipal corporation existing by and under the laws of the State of Florida ( "Ocoee "). WITNESSETH: WHEREAS, the County and the University of South Florida ( "USF ") have entered into a contract dated June 1, 2012 ("Contract") where USF has implemented the Watershed Atlas Project ("Project'); and WHEREAS, under the Contract, the County has agreed to pay USF a designated sum for the annual maintenance of the Project; and WHEREAS, the Project will provide the County and Ocoee with information about their water quality and other watershed related projects and information; and WHEREAS, both parties now desire to renew the Contract for a period of thirty -six (36) months; and WHEREAS, Ocoee has agreed to assist the County in paying for the maintenance of the Project. NOW, THEREFORE, in consideration of the promises contained herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Term and Termination. This agreement shall commence on , 2012 ( "Commencement Date ") and shall be for a period of thirty -six (36) months. However, this agreement can be terminated by either party, with or without cause, upon no less than sixty (60) days notice in writing to the other party. Such notice shall be delivered by certified mail or in person to the business address of the party upon whom such notice is served. Section 2. Ocoee's Contribution. Ocoee has appropriated for the period commencing on June 1, 2012 and ending on May 31, 2015, the total sum of six thousand eight hundred fifty -eight dollars ($6,858), to be used by the County solely for the purpose of maintaining the Project. Ocoee's contribution shall be made to the County in three (3) payments during the term of this agreement. The first payment, in the amount of two thousand two hundred eighty -six dollars ($2,286.00), shall be due thirty (30) days from the Commencement Date. The second and third payments, in the amounts of two thousand two hundred eighty -six dollars ($2,286.00) each, shall be due on the first and second anniversary, respectively, of this agreement. Section 3. Use of Funds. The County shall use Ocoee's funds solely for the maintenance of the Project. Section 4. Right to Inspect and Audit Books. The County will utilize such accounting procedures and practices in maintenance of the records of receipts and disbursements of the funds contributed by Ocoee as will be in accordance with generally accepted accounting principles. All such records shall be open to inspection by Ocoee or by its designees during normal business hours for a period of three (3) years from the expiration of this agreement. Any cost incurred by the County as a result of an audit by Ocoee shall be the sole responsibility of and shall be borne by the County. In addition, should the County provide any or all of Ocoee's funds to sub - recipients, then and in that event, the County shall include in written agreements with such sub - recipients a requirement that records of the sub - recipient be open to inspection and audit by Ocoee or its designees. Section 5. Public Records Act. In accordance with Chapter 119 of the Florida Statutes (Public Records Law), any "public record" created or received by either party, including reports, specifications, drawings, maps, and tables, must be made for inspection, and upon request and payment, copying, unless such public record falls within an exception or exemption to the Public Records Act and each page is clearly and conspicuously marked as such. Section 6. Equal Opportunity Employment/Procurement. The County, in performing under this agreement, shall not discriminate against any worker, vendor, employee or applicant or any member of the public because of race, creed, color, sex, age or national origin, nor otherwise commit an unfair employment and/or procurement practice on such basis. Section 7. Indemnification. To the fullest extent permitted by law, each party to this agreement shall be solely responsible for all claims, including, but not limited to, suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs and expenses of whatsoever kind or nature, arising out of its acts, errors and omissions in connection with this agreement, or the acts, errors and omissions of anyone acting under its direction, control and on its behalf, and accordingly, each party shall defend, indemnify and hold harmless the other party, its agents, employees and elected officers, at all times from and against any and all liability, loss or expenses arising from said claims, to the extent allowed by law. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provision of Section 768.28, Florida Statutes. 2 Section 8. Assignment. Neither party may assign its rights hereunder without the prior written consent of the other party. Failure to comply with this section may result in immediate termination of this agreement. Section 9. Notices. All notices permitted or required by this agreement shall be given by hand delivery or sent by certified mail, return receipt requested, addressed as follows: To Orange County: Program Manager, Ecological Assessment 800 Mercy Dr. Ste 4 Orlando, Fl 32808 Phone: 407 - 836 -1400 Fax: 407 - 836 -1441 To Ocoee: Robert Frank City Manager 150 N. Lakeshore Dr. Ocoee, FL 34761 Phone: 407 - 905 -3170 FAX: 407 - 905 -3176 Section 10. Independent Contractor. It is mutually understood and agreed that nothing contained in this agreement is intended, or shall be construed, as in any way creating or establishing the relationship as partners or joint venturers between the parties hereto or as constituting the County as the agent or representative of Ocoee for any purpose or for any manner whatsoever. Section 11. Litigation and Venue. In the event a party deems it necessary to take legal action to enforce any provision of this agreement, venue shall be in the Circuit Court of the Ninth Judicial Circuit in Orange County, Florida. Section 12. Governing Law. The laws of the State of Florida shall govern the validity, performance, and enforcement of this agreement. Section 13. Waiver. Performance of this agreement by any party after notice of default of the terms, covenants or conditions, shall not be deemed a waiver of any right to terminate this agreement for any subsequent default, and no waiver of such default shall be construed or act as a waiver of any subsequent default. Section 14. Amendments. This agreement may be amended only through a written document executed by the parties. Section 15. Remedies. No remedy herein conferred upon any part is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude any other or further exercise thereof. 3 Section 16. Filing. A copy of this agreement may be filed with the Clerk to the Board of County Commissioners for Orange County, Florida. Section 17. No Third - Party Beneficiaries. This agreement does not create, and shall not be construed as creating, any rights enforceable by any person or entity other than the parties to this agreement. Section 18. Severability. In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this agreement and the same shall remain in full force and effect. Section 19. Signatory. Each person executing this agreement represents that he or she has the authority to enter into this agreement on behalf of the entity involved. Section 20. Entire Agreement. This agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof; any representations or statements heretofore made with respect to such subject matter, whether verbal or written, are merged herein. No other agreement whether verbal or written, with regard to the subject matter hereof shall be deemed to exist. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4 IN WITNESS WHEREOF, Orange County and Ocoee have hereunto executed this agreement as of the day and year first above written. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Teresa Jacobs Orange County Mayor Date: ATTEST: MARTHA O. HAYNIE, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk CITY OF OCOEE, FLORIDA By: Its: Date: ATTEST: City Clerk 5