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HomeMy WebLinkAboutSeminole County Interlocal Fiber Agreement 10/13/00 FIBER OPTIC COMMUNICATION NETWORK INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into this /3 day of 6 (' .::IJJ , ,2000, by and between the CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter called the "CITY" and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, here- inafter called the "COUNTY". WIT NE SSE T H: WHEREAS, this Agreement is authorized under the provisions of Chapte~ 163, Florida Statutes, which authorizes the exercise by Agree- ment of two (2) or more public agencies of any power common to them; and WHEREAS, both parties desire to enter into an Agreement for the use of the Fiber Optic Communication Network (FOCN); and WHEREAS, the shared FOCN will enhance the ability of the parties to serve the residents and citizens of Seminole County through improved local government resources, SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the terms and,conditions associated with provisions for the shared use of the FOCN by the CITY. SECTION 2. TERM. The initial term of this Agreement begins upon execution of this Agreement by the parties and the filing of this Agree- ment with the Clerk of the Court in Seminole County, Florida. This Agreement shall remain in effect until terminated by either party after giving a thirty (30) day written notice. By March 1 of each year I COUNTY shall provide CITY with a cost analysis for the next fiscal year. SECTION 3. SHARING AND OWNERSHIP. (a) The COUNTY shall provide physical fiber connectivity as de- scribed in Exhibits "A" and/or "B" to CITY from the existing FOCN and the planned future expansions by the COUNTy, (b) The COUNTY shall provide planning and construction management assistance to the CITY for the construction of any new link needed to complete the connectivity as requested by the CITY. (c) The COUNTY shall be responsible for the maintenance of the FOCN and render necessary services as soon as the schedules permit based upon the critical importance of the service needed as determined by the COUNTY Traffic Engineer and Telecommunications Manager with the advice of the wide Area Communication Network Task Force. (d) The CITY agrees to pay charges as described in Exhibits "A" and/or "B" and pay for construction of new link(s) required for its use as detailed in Section 4 of this Agreement. (e) COUNTY shall own any and all portions of the FOCN (links and/or segments) except for those links and/or segments which are used for the CITY's sole purpose as determined by the COUNTY Traffic Engineer and Telecommunications Manager. SECTION 4. BUDGET, FUNDING AND ACCOUNTING. The CITY shall pay the required charges as specified in Exhibits "A" and/or "B" for the segments of the 'FOCN provided to CITY for its use. This charge shall be for the purpose and routine maintenance and emergency repairs, providing locating services to others when requested and data transport services provided. The COUNTY shall submit an in- voice on a semi-annual basis on January 1 and July 1 of each year for 2 these charges. The CITY shall pay the invoices within thirty (30) days of the date of the invoice. The COUNTY shall update the information provided in Exhibit \I A" and "B" as changes occur. A new Exhibit "A" and "B" shall be furnished to the CITY within fifteen (lS) days of each change, All new charges due to a change in Exhibit "A" and "B" shall be appropriately prorated to reflect the date of the change. The charges provided for in Exhibits "A" and "B" will be reviewed on an annual basis by the County Traffic Engineer and Telecommunications Manager, or upon the CITY's request for additional services and/or installation. The CITY shall be responsible for providing adequate funds for construction of any new link(s) (or replacement of same) required solely for its use. All joint projects shall be funded jointly by the parties based upon a fair share contribution of the construction costs as mutu- ally agreed by the parties. All funds required for the construction of new projects shall be deposited into the appropriate account as speci- fied by the COUNTY prior to commencement of the project. SECTION S. NON-WAIVER. Nothing herein shall be construed as waiving any protections or immunities provided by common law or Florida law to any party to this Agreement or to any officers or employees of the parties. The 'failure to enforce any portion or section of this Agreement shall not be construed to constitute a waiver of the portion or section, or any portion or section of this Agreement, at that time, or at any time in the future. SECTION 6. LIABILITY FOR INSTALLATION, OPERATION AND MAINTENANCE OF COMMUNICATION EQUIPMENT AND MATERIALS. The CITY shall be liable for all claims, damages, losses and expenses due to the installation, opera- tion and maintenance of hardware, software and communication devices re- 3 quired for participation in the FOCN physically located at the CITY's property,or required solely for its use, including damage to property not owned by the CITY where such damage is attributable to the CITY's acts in installing, operating and maintaining its own equipment, SECTION 7. INSURANCE REQUIREMENT. The CITY shall maintain its own protection against claims of third persons and their property aris- ing through or out of the use of FOCN or participation in this Agree- ment. Each party shall maintain its own protection to protect its in- terest under this Agreement, SECTION 8. INDEMNIFICATION. No party under this Agreement shall be cteemed,to assume any liability for the acts, omissions or negligence of the other parties, their officers, employees and agents. SECTION 9. NOTICES. Whenever a party desires to give notice to the other, notice shall ,be sent to: For COUNTY: Robert Zaitooni, Traffic Engineer Seminole County Traffic Engineering 140 Bush Loop Sanford, Florida 32773 C09Y to: Gregory A. Holcomb, Telecommunications Manager Department of Information Technology Seminole County Services Building 1101 East First Street Sanford, Florida 32771' For CITY: Ronald W. McLemore City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Copy to: Joanne Dalka 4 City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. SECTION 10. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modifi- cation, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, except for changes to Ex- hibits "A" and/or "B", as provided in Section 4 of this Agreement. All modifications, amendments, or alterations of this Agreement shall be promptly filed with the Clerk of the Court in Seminole County, Florida. SECTION 11. ALL PRIOR AGREEMENTS SUPERSEDED. This document in- corporates and includes all prior negotiations, correspondence, conver- sations, agreements or understandings applicable to the matters con- tained herein and the parties agree that there are not commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Ac- cordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 12. COMPLIANCE WITH ALL LAWS. Each party agrees that it will perform its obligations hereunder in accordance with all applicable laws, rules and regulations now or hereafter in effect. If any term or provision of this Agreement shall be found to be illegal or unenforce- able then, such term or provision shall be deemed stricken and the re- maining portions of this Agreement shall remain in full force and ef- feet. 5 " SECTION 13. ASSIGNMENTS. The CITY shall not assign this Agree- ment, nor any interest arising herein, without the written consent of the COUNTY. SECTION 14. PUBLIC RECORDS LAW. The parties acknowledge obliga- tions under Chapter 119, Florida Statutes, to release public records to members of the public upon request. The parties acknowledge the re- quirements of other parties to comply with Chapter 119, Florida Stat- utes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 15. SOVEREIGN IMMUNITY. Nothing in this Interlocal Agreement shall be construed as a waiver of the CITY's or COUNTY's right to sovereign immunity under Federal or Florida law. SECTION 16. THIRD PARTY RIGHTS. Nothing in this Interlocal Agreement shall be construed to give any rights or benefits to anyone other than COUNTY and CITY. SECTION 17. INTERPRETATION. Both the CITY and the COUNTY have participated in the drafting of all parts of this Agreement. As a re- sult, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6 IN WITNESS WHEREOF I the parties have executed this Agreement on the dates indicated below. ATTEST: '---!a:a Wflao 'if {( ttJ'ffJtLkU? ""'; . Andrea Lorenzo uaces, Z-<...d''t':':::;) City Clerk THE CITY OF WINTER SPRINGS & ~ .--~ . (/ /1 f?-1/ /-J ,1// ,,~/ ----- By. / ,,'V'o", ' ~nald W. McLemore, City Manager ~ /t/ ~' Date:, :'i,(,d(..111 1i: v 7- / r; - ' U -:; ATTEST: BOARD OF WtINOLE BY:~ CARLTON ~~ ..Y .. E MORSE ----- Clerk to the Board of County Commissioners of Seminole County, Florida. Date: /tJh3/dO For the use and reliance of Seminole County only. Approved as to form and legal SUffAcien~y ~~-( ~ County Attorney As authorized for execution by the Board of County Commission- ers at their /0//0 , 20~, regular meeting. GH 07/25/00 CAGH01\fiberopticwintersprings.doc Attachments: Exhibit "A" Exhibit "B" 7 EXHIBIT "A"- SCHEDULE OF CHARGES FIBER OPTIC COMMUNICATION NETWORK INTERLOCAL AGREEMENT Schedule of maintenance charges Number of Linear Foot of Cable: 18142 L.F. As of 5/11/00 Date Charges per L.F. of Cable: 6.5 Cents per L.F. Total Annual Maintenance Charge: $l179~23 Semi-Annual Invoice Amount: $589.62 (January 1 & July 1 of each year) Distance Calculations By: Dave Muniz Date: 5/11/00 Approved By: Date: Robert B. Zaitooni 8 EXHIBIT "B"- SCHEDULE OF DATA TRANSPORT SERVICE CHARGES FIBER OPTIC COMMUNICATION NETWORK fflTERLOCALAGREEMENT SEMINOLE COUNTY PUBLIC SCHOOLS Service Type: Service Location: Segment One(1): From: Segment Two(2): To: As of (Date) Charge per month per segment: Ethernet lOMbps: $ 150.00 OC3/ATM: $ 750.00 T-1IDSl: $ 500.00 Installation charge per segment: Ethernet: OC3/ATM: T-IIDSI: $ 500.00 $ 750.00 $ 750.00 "Total Charge: Installation: $ Annual: $ Semi-Annual Invoice Amount: $ (After Installation: January I & July 1 of each year) Approved By: Date: Gregory A Holcomb o > > > > > > > > > > > -----Original Message----- > > From: Joanne Dalka > > Sent: Thursday, October 19, 2000 9:44 AM > > To: 'Dave Muniz (Seminole County)' > > Subject: County Fiber >> > Greg: > > Just a reminder. f don't mean to bug you or anything. I was just > > wondering if you had any word on our fiber Interlocal agreement. >> > > Also, this past spring we were talking about connecting our Police > > Department to the County's WAN. for connectivity to S.O., State > > Attorney's Office, Jail, etc. At the time, there were pending projects > > that prohibited us from connecting. What is the status now of these > > projects? Are they done? What will we need to purchase (equipment and > > other) to connect? Please let me know. > > Thanks, . > > Joanne Dalka > > City of Winter Springs > > 2