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
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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-
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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
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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.
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"
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.
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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"
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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
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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
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> > -----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
>
>
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