HomeMy WebLinkAboutSeminole County Interlocal First Amendment to Fiber Optic Communication Network
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FIRST AMENDMENT TO FIBER OPTIC COMMUNICATION NETWORK
INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT is made and entered into this /V
day of
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20~ and is to that certain Agreement made and
entered into on the 13th day of October, 2000 between the CITY OF WINTER
SPRINGS, a municipality incorporated under the laws of the State of
Florida, whose address is 1126 East State Road 434, Winter Springs,
Florida 32708, hereinafter referred to as the UCITY" 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, hereinafter referred to as UCOUNTY".
WIT N E SSE T H:
WHEREAS, the COUNTY and the CITY have heretofore entered into the
Fiber Optic Communication Network Interlocal Agreement, the UAgree-
ment" dated and executed on the 13th day of October, 2000; and'
WHEREAS, the CITY and the COUNTY have mutually determined that
certain amendments and grammatical corrections to Sections 4, 9, and
10 of the Agreement are necessary and desirable for their mutual
fiscal and management practices, to enhance their performance and to
better serve the needs of their citizenry and the public interest in
general; and
WHEREAS, this First Amendment To Interlocal Fiber Optic Communi-
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cation Network Interlocal Agreement, the UAmendment" is authorized by
Chapter 163, Florida Statutes and Section 10 of the Agreement,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements contained herein, the CITY and the COUNTY agree to amend the
Agreement as follows:
1. Section 4 of the Agreement is hereby amended to revise the
stated billing cycles to coincide with both the COUNTY'S and the
CITY'S fiscal year by revising the semi-annual billing cycles from
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January 1 and July 1 to an annualized billing cycle of October 1, to
correct a minor scrivener's error and to provide a new form of notice
Section 4 shall henceforth read as
required charges as specified in Exhibits "A" and/or "B" for the
segments of the FOCN provided to the CITY for its use, This charge
shall be for the purpose of routine maintenance and emergency repairs,
providing locating services to others when requested, and data trans-
port services provided. The COUNTY shall submit an annual invoice on
October 1 of each year for these charges coming due during that fiscal
year. The CITY shall pay the invoices within 30 days of the date of
the invoice. The COUNTY shall update the information provided in
Exhibit "A" and "B" as changes occur. A new Exhibit "A" and "B" shall
be furnished to the CITY within 15 days of the change. All new charges
due to a change in Exhibit "A" and "B" shall be appropriately prorated
to reflect the date'of change. The charges provided for in E~hibits
"A" and "B" will be reviewed on an annual basis by the COUNTY Traffic
Engineer and Telecommunications Manager, or upon the CITY'S reque.s t
for additional services and/or installation.
Revised forms of Exhib-
its "A" and "B" which are, designed to accommodate the annualized
October 1 billing cycle are attached hereto and incorporated by
reference. '
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 mutually agreed by the' parties. All funds required for the con-
struction of new projects shall be deposited into the appropriate
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account as specified by the COUNTY prior to commencement of the
project.
2, Section 9 of the Agreement is hereby amended to remove
references of named individuals to whom notices should be sent and to
provide that notices be sent to certain officials designated by title of
their position instead.
Accordingly, Section 9 of the Agreement shall
be amended to read as follows:
SECTION 9. NOTICES. Whenever a party desires to give notice to
the other, notice shall be sent to:
For COUNTY:
with copy to:
Seminole County Traffic Engineering
140 Bush Loop
Sanford, Flprida 32773
Department of Information Technology
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For CITY:
with copy to:
City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
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,
3.
Section 10
is hereby amended to allow for certain
administrative changes regarding billing cycles and payment dates,
routine changes to r~tes and charges and for substitution of contact
persons or officials to be accomplished without the need for subsequent
formal amendment to the Agreement.
Section 10 shall henceforth read as
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follows:
SECTION 10.
MODIFICATIONS, AMENDMENTS OR ALTERATIONS.
No
modification, amendment or alteration in the terms or conditions
contained herein shall be ,effective unless contained, in a written
document executed with the same formality and of equal dignity herewith;
provided, however, no formal amendment shall be required for mere
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changes or substitutions of designated contact persons per Section 9
hereof, or with respect to changes in Exhibits "A" and "B" as provided
in Section 4 hereof.
The foregoing notwithstanding, the parties may
also make changes to the frequency and stated dates of billing and
payment cycles without the need for formal amendment to this Agreement
by a letter of understanding executed by the officials of both parties
designated to receive notices under Section 9 of this Agreement.
4. Except as herein modified, all terms and conditions of the
Agreement shall remain in full force and effect for the term of the
Agreement, as originally set forth in said Agreement.
~N ~TNESS WHEREOF, the CITY and the COUNTY hereto have executed
this instrument for the purpose herein expressed.
ATTEST:
CITY OF ~rr~T~R SPRINGS
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By:
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Date:
ATTES':[':
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Cl k'.. the Board of
County Commissioners of
Semipole County, Florida.
For the use and reliance
of Seminole County only.
Approved as to form and
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County Attorney ,
By:
Chairman
Date:
If) -lr-~:3
As authorized for execution by
the Board of County Commissioners
at their / cf (J2U. , 20 rJ$
regular meeting.
P:\Users\CAAS01\Agreements\lst Amend To FOCN -Winter springs.doc
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EXHIBIT "A" - SCHEDULE OF CHARGES
FIBER OPTICCOMMUNICA TION NETWORK
INTERLOCAL AGREEMENT
CITY OF WINTER SPRINGS
Schedule of Mainteance Chan!es '
City Hall to Police Department
Police Department to Seminole County Public Safety
18,142 L.F.
38,260 L.F.
Number of Linear Foot of Cable: 56.402 L.F.
Charges per L.F. of Cable: .13 cents per L.F.
Total Annual Maintenance Charge: $ 7332.26
Distance Calculations by:
Date:
David Muniz
Approved By:
Date:
Melonie C. Barrington
Revised
Effective
10/1/02
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EXHIBIT "B"- SCHEDULE OF DATA TRANSPORT SERVICE CHARGES
FIBER OPTIC COMMUNICATION NETWORK
INTERLOCALAGREEMENT
Schedule of maintenance chames
Service Type: Ethernet 10Mbps
Service Location: Winter Springs City Hall
Segment One(l): From:
Segment Two(2): To:
As of
(Date)
Charge per month per segment:
Installation charge per segment:
Ethernet 10Mbps: $150.00
Ethernet: $
Total Charge:
Installation:
Annual:
$
$1800.00
Approved By:
Date:
Gregory A: Holcomb