HomeMy WebLinkAboutSeminole County 1975 434 & Lake Drive
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AGREEMENT
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THIS AGREEMENT is made and entered into thlS .-:.70 __' ay
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WINTER ("SPRINGS, FLORIDA, hereinafter referred to as the "City"
, A.
D. 1975, by and between the CITY OF
and the COUNTY OF SEMINOLE, FLORIDA, hereinafter referred to as
the "County".
WHEREAS, the City and County have determined that
Hayes Road serves a joint city and county purpose by virtue of
its location as a connecting road between State Road 434 and
Lake Drive; and
WHEREAS, the City and County have mutually agreed to
join together for the purpose of building a bridge over Gee
Creek, utilizing funds of both City and County; and
WITNESSETH, that the City and the County hereby agree
to participate in the building of the Hayes Road Bridge in the
following manner:
1. PLANS. The construction plans to be utilized shall
be supplied by CAL CONKLING and CLARK DIETZ & ASSOC., consulting
engineers for the City. A copy of the aforementioned constructio
plans exhibiting the approval of both the City and the County is
attached hereto and becomes a part of this agreement.
2. PERFORMANCE. The County shall provide all labor an
materials, machinery, and supplies necessary to construct the
Hayes Road Bridge in accordance with the approved plans.
3. PAYMENT. The City agrees to pay to the County the
sum of $5,500.00 for the work to be performed, and this said sum
shall be paid:contemporaneously with the execution of this con-
tract, the receipt of which by the County is hereby acknowledged.
4. COMMENCEMENT. The County agrees to commence con-
struction as soon as materials can be ordered and work forces
scheduled, and shall pursue construction of the project without
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interruption until final completion.
caused their names to be affixed hereto by the proper officers
IN WITNESS WHEREOF, the parties to this agreement have
thereof and have affixed their respective seals on the day and
year first above written.
ATTEST
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City C erk
ATTEST
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Clerk
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CONTRACT
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THIS AGREEMENT made and entere 1nto t 1S <:-~O _ ay
ofd;'/)7f,..~y, .lp~, 1975, by and between the BOARD OF COUNTY
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COMMISSYONERS OF SEMINOLE COUNTY, FLORIDA, hereinafter referred
hereinafter referred to as "Second Party", both of whom under-
to as "First Party" and the CITY OF WINTER SPRINGS, FLORIDA,
stand and agree as follows:
to regulate and control unrestrained and vicious dogs within
WHEREAS, the parties hereto have the common power
their geographic jurisdictions; and
the First Party for said services; and
WHEREAS, the Second Party desires to contract with
services under the terms and conditions hereinafter set forth;
WHEREAS, First Party is agreeable to providing these
and
of Section 163.01, Florida Statutes, which authorizes the
WHEREAS, this contract is authorized by the provisions
exercise by agreement of two or more public agencies of any
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,;
power common to them:
PURPOSE OF AGREEMENT
the manner hereinafter set forth:
Party to provide the following services to the Second Party in
1. The purpose of this agreement is for the First
dogs; protect against nuisances caused by dogs, and protect
a) Regulate and control unrestrained and vicious
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against rabies through a program of dog vaccination and
licensing within the geographical limits of the Second Party.
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ADMINISTRATIVE AGENT
officers.
administer this agreement by and through its departments and
2. First Party is designated as the party to
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SERVICES PROVIDED
3. ~e services to be provided pursuant to this
agreement by the First Party shall be as specified in
Ordinance No.
of the ordinances of Seminole County,
Florida, a COpy of which is attached hereto and by reference
made a part hereOf.
Said ordinance having been enacted under the
authority of Article VIII, Section l(f), of the COnstitution
of the State of Florida, under authority of Florida Statutes,
Chapter 125 (1971), and under the general Home Rule Power
of Seminole County, Florida.
SERVICES TO BE PROVIDED AT NO COST
4. First Party hereby agrees to provide the afore-
mentioned services at no Cost to Second Party and Second Party
hereby agrees to authorize First Party, its designated officers
and agents, to enter into the geographical limits of Second
Party for the purpOse of taking CUstody of dogs, impoUnding said
dogs in the facilities of the First Party, and performing any
and all other acts set forth in Ordinance No.
DUTIES AND LEVEL OF SERVICE
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5. No officer or department of First Party shall
perform for Second Party any function not within the scope of
the duties of such officer or department in performing the Same
kind of services for First Party. Except as otherwise herein_
after provided for, the level of service shall be the Same basic
level of service that is and shall be hereafter, during the. term
of the agreement, provided by First Party within its geographic
jurisdiction. Rendition of service, standards of performance,
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discipline of officers and employees, and other matters inci-
dent to performance of services and Control of personnel shall
remain in First Party. In event of dispute between the parties
as to the extent of the duties and functions to be rendered
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hereunder, or the level or manner of performance of such service,
the determination thereof made by the Chief administrator of
First Party shall be final and conclusive subject to subsequent
termination of this agreement by the Second Party as hereinafter
provided.
EMPLOYEE STATUS
performance of services and functions pursuant to this agree-
6. Persons employed by the First Party in the
ment shall have no claim to pension, workmen's compensation,
unemploYment compensation, civil service or other employee
rights or privileges, granted by the operation of law or by
Second Party to its officers and employees.
COOPERATION
First Party shall have full cOoperation and assistance from
7. To facilitate performance under this agreement
Second Party, its officers, agents and employees.
FIRST PARTY LIABILITY
and negligence of Second Party. Second Party shall hold First
not be deemed to assume any liability for the acts, ommissions,
8. First Party, its officers and employees, shall
Party harmless from, and shall defend First Party and its
officers and employees thereof against any claim for damages
resulting therefrom.
SECOND PARTY LIABILITY
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paYment of salary, wages, or other compensation or entitlements
9. Second Party shall assume no liability for the
to officers, agents, or employees of First Party performing
services hereunder provided in this agreement.
Second Party shall not be liable for compensation
of idernnity to officers or employees of First Party or others
for injury or illness-arising out of performance of this
agreement.
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TERM OF CONTRACT
mentioned above and shall rUn for a period ending
10. This contract shall become effective on the date
, 197__, and at the option of the governing body of
Second Party, with the consent of the governing body of First
Party, shall be renewable thereafter for successive periods not
to exceed five years each.
RENEWAL
notify the governing body of First Party that it wishes to
agreement for any succeeding period, its governing bOdy shall
11. In event Second Party desires to renew this
renew the same, whereupon governing bOdy of First Party not
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later than two months preceding expiration date shall notify
to accept such renewal.
governing bOdy of Second Party in writing of its willingness
either party may terminate this agreement as of the first day of
Notwithstanding the provisions of this paragraph,
October of any year upon notice in writing to the other party of
termination.
not less than three calendar months prior to the date of
PROPERTY DISPOSAL
Party shall remain in the possession and ownership of First
any cause, all property acquired under this agreement by First
12. In the event of termination of this agreement for
Party unless payment therefor is made by Second Party to First
Party.
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CONTRACT CONTROL
services which may be supplied by First Party and the various
13. This agreement is designed to COver Specific
departments thereof. In the ~vent there now exists any prior
agreement or contract COvering services to be provided under
this contract, this contract with respect to such services,
shall be controlling as to the duties and obligations of the
parties.
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PRIOR INCONCSISTENT ORDINANCES
Second Party shall expressly repeal all municipal ordinances or
14. As a condition to entering into this agreement,
of the Ordinances of Seminole County, Florida.
portions thereof which are inconsistent with Ordinance No.
caused their names to be affixed hereto by the proper officers
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thereof. This agreement is signed and executed this~~ ~day
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of<:~::!f~n~~~.rVLI7 C1_, , A. D. 1975.
IN WITNESS ~;nEREOF, the parties to this agreement have
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ATTEST:
CITY OF WI~~ORIDA
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CITY C RK
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BOARD
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ATTEST:
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