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HomeMy WebLinkAboutSeminole County Trailhead-1999 09 13 CITY OF WINTER SPRINGS/SEMINOLE COUNTY BLACK HAMMOCK TRAILHEAD RESTROOM FACILITY INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day of 1999, by and between the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, whose address is Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "CITY" and SEMINOLE COUNTY, a poli ti- cal subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY," and is based on the follow- lng premises: WHEREAS, a portion of the Cross Seminole Trail has been con- structed through the geographic area of the COUNTY and the CITY; and WHEREAS, the COUNTY and the CITY have each recognized the impor- tance of the Trail project to citizens of the CITY and the COUNTY; and WHEREAS, the COUNTY and the CITY have recognized the need for and desirability of a restroom facility located at that part of the trail known as the Black Hammock Trailhead, located wi thin the j urisdic- tional limits of the CITY; and WHEREAS, the COUNTY has requested that the CITY assist the COUNTY in the design for said restroom; and WHEREAS, the COUNTY has requested that the CITY undertake certain maintenance and cleaning responsibili ty for the restroom facilities once completed; and t. WHEREAS, the CITY and the COUNTY recognize the economies of time and cost savings in undertaking the restroom construction and mainte- nance in accordance with this Agreement; and WHEREAS, the CITY and the COUNTY recognize the mutual benefit to the citizens of each in undertaking this public proj ect pursuant to this Agreement; and WHEREAS, this Agreement lS authorized pursuant to the provisions of Chapters 125 and 166, Florida Statutes, and Section 163.01, Florida Statutes, which authorize the exercise by Agreement of two or more public agencies of any power common to them and other applicable law, NOW, THEREFORE, in consideration of the mutual covenants, prom- ises and agreements contained herein, and other good and valuable con- sideration, the receipt and sufficiency of which lS hereby acknowl- edged, it is agreed by the Parties as follows: SECTION 1. PREMISES. Each and all of the foregoing premises are acknowledged to be true and correct and a material part of this Agree- ment upon which the Parties have relied. SECTION 2. DEFINITIONS. (a) "CITY Manager" Ronald W. McLemore, Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. (b) "CITY's Project Manager" - The CITY Manager or his designee shall serve as CITY Project Manager. (c) "COUNTY's Project Manager" - The Parks and Recreation Man- ager shall serve as the COUNTY's Project Manager. Parks and Recrea- tion Manager, 264 W. North Street, Altamonte Springs, Florida 32714. 2 (d) "Construction" - The erection of the restroom facility de- scribed in this Agreement on the Cross Seminole Trail. (e) "Cons truction Contractor" A Florida licensed contractor under contract to the COUNTY to construct the restroom facility. (f) "Handicap Accessible Restroom Facility" - A public restroom facility comprised of two (2) separate restrooms, served by water and sewer provided by the CITY. This restroom facility is sometimes called the Trailhead Restroom Facility in this Agreement. (g) "Routine Maintenance" Daily inspection and cleaning of the building as required including the provlslon of toilet paper, soap, towels, deodorizers, cleaning supplies, garbage bags, and gar- bage collection services needed to maintain the facility in a clean and orderly manner. (h) " Repairs" Repair, rehabili ta tion and replacement of the building components and equipment necessitated by acts of God, vandal- lsm, termites, age and other factors resulting in a functional and/or aesthetic deterioration of the facility. SECTION 3. CONSTRUCTION OF THE RESTROOM FACILITY. The COUNTY shall secure the services of a licensed contractor to construct the restroom facility in accordance with the plans approved by the COUNTY and the CITY. SECTION 4. CONSTRUCTION MANAGEMENT. The COUNTY shall provide the services of a construction manager to administer the construction pro- ject and manage the construction of the restroom facility. The COUNTY may utilize a qualified COUNTY employee it selects to fulfill the con- struction management position. 3 SECTION 5. UTILITIES TO RESTROOM. The CITY hereby agrees to pro- vide the following services with regard to the installation and main- tenance of a restroom facility at the Trailhead: (a) Extend to the Tailhead site all water and sewer lines which may be necessary for operation of the restroom facility. (b) Provide and pay for any and all CITY building permits, plans review, impact fees, utility costs and other governmental per- mits and inspections which may be necessary for the installation and operation of the restroom facility. SECTION 6. ROUTINE MAINTENANCE AND REPAIRS. (a) The COUNTY shall be responsible for repairs to the restroom facility as defined in Section 2(h). (b) The CITY shall be solely responsible for the daily routine maintenance of the restroom facility, as defined in Section 2 (g) . Said maintenance shall include, at a mlnlmum, inspecting and cleaning the facility at least once per day, seven (7) days per week, and more on occaSlons if reasonably necessary. The CITY shall place a sign in a conspicuous place inside the facility stating the CITY lS responsi- ble for the daily maintenance of the facility and include on the sign the telephone number of the CITY's Parks and Recreation Department. The CITY agrees to be solely responsible for the provision of neces- sary supplies for the restroom facility including, but not limited to, toilet paper and soap. The CITY agrees to undertake or secure any maintenance to the facility for which it lS responsible under the terms of this Agreement. 4 SECTION 7. FACILITY OPERATION TIMES. The Parties agree that the Restroom Facility shall remain open during daylight hours. shall be responsible for opening and closing the facility. The CITY SECTION 8. EMPLOYEE STATUS. Persons employed by the COUNTY or the CITY, respectively, in the performance of services and functions pursu- ant to this Agreement shall have no claim to pension, workers' compensa- tion, unemployment compensation, civil serVlces, or other employee rights and privileges granted by operation of law or otherwise by the other party to this Agreement or the officers and employees of the non- employing party. SECTION 9. LIABILITIES AND RESPONSIBILITIES OF PARTIES. (a) The parties hereto, and their respective officers and employ- ees, shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. (b) All of the privileges and immunities from liability, exemp- tions from laws, ordinances and rules, and all pensions and relief, disabili ty, workers' compensation, and other benefits which apply to the activity of officers or employees of either party when performing their respective functions within the territorial limits for their re- specti ve agencies shall apply to the same degree and extend to the performance of such functions and duties extra-territorial pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for In- Jury to personnel, and for loss of damage or equipment shall be borne by the party employing such personnel and owning such equipment, and 5 all Parties shall carry sufficient insurance to cover all such li- abilities. SECTION 10. TERMS OF CONTRACT. This Agreement shall be in ef- fect on the date that it is fully executed by the Parties for a period of one (1) year, and shall be automatically renewed for successive one (1) year terms unless terminated as provided below. SECTION 11. TERMINATION. The Parties hereto, or any of them in- dividually, reserve the right to terminate and declare null and void this Agreement, with or without cause, upon ninety (90) days written notice to the other party. SECTION 12. NOTICES. All notices, requests, demands, elections, consents, approvals, designations and other communications of any kind shall be in writing and addressed to the parties as follows: For COUNTY: County Manager County Services Building 1101 East First Street Sanford, Florida 32771 For CITY: City Manager Winter Springs City Hall 1126 East State Road 434 Winter Springs, Florida 32708 SECTION 13. CONFLICT OF INTEREST. The Parties agree that they will not engage in any action that would create a conflict of interest in the performance of their obligations pursuant to this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. 6 SECTION 14. APPLICABLE LAW. The laws of the State of Florida shall govern the validity, performance, and enforcement of this Agree- ment. SECTION 15. SEVERABILITY. If anyone or more of the covenants or provisions of this Agreement shall be held to be contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall, for any reason whatsoever, be held invalid, then such covenants or provisions shall be null and void, shall be deemed separable from the remaining covenants or provisions of this Agreement, and shall iTI no way affect the validity of the remaining covenants or provisions of this Agreement. SECTION 16. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire Agreement of the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof as well as any previous agreements presently in effect between the Parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed ln writing in a document of equal dignity herewith and duly signed by all Parties. 7 IN WITNESS HEREOF, the Parties, by and through their undersigned duly authorized representatives, have executed this Agreement on the dates set forth below. ~L/ W ness If d~P~ ~tness CITY OF WINTER SPRINGS By.-;f~t./. m~ Date: S~pt~~bpr 13, 1999 As authorized by the CITY the Sppt~~h~:: 13, 1999, E , . CR,,-P,' .gu1rlr) " ('" -! I r\ , i \ \, ;l--.. l~ ~ <\ ~NDREA LORENZO.!-LUCAS Interim City Clerk Commission on Agenda Item ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: MARYANNE MORSE Clerk to the Board of County Con~issioners of Seminole County, Florida. CARLTON HENLEY, Chairman ;)ate: For the use and reliance of Seminole County only. Approved as to form and legal sufficiency As authorized for execution by the Board of County Con~issioners at their , 1999, regular meeting. County Attorney GAH/1pk 09/91/99 \\CA CSB\SYS\Ca\Users\CALK01\MYDOCS\AGT\trai1headrestroom.doc 8