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.
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(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.
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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.
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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
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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.
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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.
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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
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