HomeMy WebLinkAboutSeminole County School Board Interlocal Agreement Message Board - 2010 09 13Prepared by and return to:
City of Winter Springs
Attention: Anthony A. Garganese, City Attorney
1126 East State Road 434
Winter Springs, FL 32708
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MARYNK MORSE, CLERK OF CIRCUIT MIRT
SEMINOLE COLWY
BK 07472 Pgs 0993 - 1005; (13P9s)
CLERK' S # 2010127356
RECORDED 11/02/2010 11139111 AN
RECORDINS FEES 112.00
RECORDED BY J Eckonroth(all)
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF WINTER SPRINGS, AND
THE SCHOOL BOARD OF SEMINOLE COUNTY
THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into this
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\2:ti�day of Oc.- �otb�R 2010, by and between the CITY OF WINTER SPRINGS, a
Florida municipal corporation (hereinafter "Winter Springs ") and the SCHOOL BOARD OF
SEMINOLE COUNTY, (hereinafter "School Board ").
WITNESSETH:
WHEREAS, this Agreement is authorized pursuant to Section 163.01, Florida Statutes;
and
WHEREAS, the traveling public within the City of Winter Springs has historically been
able to identify the location of public schools and public school - related messages within the
Seminole County Public Schools by viewing the identifying message(s) depicted on an existing
permanent sign which is currently erected at or near the front entrance of a school; and
WHEREAS, the parties desire to commission an update and modification to, or
replacement of, such existing permanent sign currently erected at specified school(s) within the
Seminole County Public Schools by authorizing an electronic message board feature and
establishing general sign specifications for the electronic message board feature; and
WHEREAS, the purpose of the electronic message board feature is to permit a public
school to use advances in technology to communicate more effectively with the public through the
electronic display of a variety of public service announcements selected and controlled by the
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parties in accordance with the use policy established by this Agreement; and
WHEREAS, the use of the permanent sign at a public school to electronically display
public service announcements and governmental messages selected and controlled by the parties is
appropriate for the public schools in question; and
WHEREAS, the use of the permanent sign at a public school to electronically display
public service announcements selected and controlled by the parties is also consistent with the
image of the public school that the parties wish it to project to all who attend, frequent, or travel by,
the public school; and
WHEREAS, the public school will pay for and erect the modifications to, or replacement
of, the permanent sign and the public school will assume full responsibility for providing
construction, maintenance and security for the sign; and
WHEREAS, the United States Supreme Court has recognized that the government can
speak for itself and is entitled to select the views it wants to express and that permanent monuments
and signs can represent government speech. See, e.g., City of Pleasant Grove v. Summun, 129
S.Ct. 1125 (2009) (Placement of a permanent monument in a public park viewed as government
speech and not subject to First Amendment scrutiny); Wells v. City and County of Denver, 257 F.
3d 1132 (10` Cir. 200 1) (City acted within its rights to control the contents of its own speech by
prohibiting private holiday display on steps of city building); and
WHEREAS, the parties will exercise complete supervision and control over the electronic
message board content, which will be limited to public service announcements related to the
administrative, educational, and other public business of the public school; public health concerns or
emergencies, such as "boil water alerts," and "amber or silver alerts"; and, if space allows, notices
of school - sponsored events of general public interest in accordance with policies established by the
public school; and
WHEREAS, it is also the intent and purpose of the electronic message board to allow the
public school to promote its views and therefore, the electronic message board shall not be used
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by any private business or to promote any businesses or private events; and
WHEREAS, the parties deem it necessary for the benefit of the public health, safety and
welfare to enter into this Interlocal Agreement.
NOW, THEREFORE, in consideration of the covenants and Agreement
hereinafter set forth, to be kept and performed by both parties, the parties agree as follows:
1. RECITALS The foregoing recitals are true and correct and are incorporated
herein by reference as a material part of this Agreement.
2. DEFINITIONS Unless the context in which the word is used clearly indicates
otherwise, the following words shall have the meaning hereafter ascribed:
2.1. "Agreement" or " Interlocal Agreement" shall mean this Interlocal
Agreement between Winter Springs and the School Board.
2.2. "School" shall mean a public school within the Seminole County Public
Schools that is listed in Exhibit "A " , attached hereto and incorporated
herein by this reference.
2.3. "School Board" shall mean the School Board of Seminole County,
Florida.
2.4. "Winter Springs" shall mean the City of Winter Springs, a Florida
municipal corporation and its officers and employees.
3. CONDITIONS PRECEDENT All rights, obligations and liabilities of the
parties under this Agreement shall be subject to the satisfaction of the following conditions
precedent:
3.1 The complete execution of this Agreement by the parties.
3.2 The approval of this Agreement by the City Commission of Winter Springs
and the School Board of Seminole County.
3.3 This Agreement is filed and recorded with the Clerk of the Circuit Court
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in and for Seminole County, Florida, pursuant to Section 163.01(l 1), Florida Statutes.
4. REPRESENTATIONS OF WINTER SPRINGS Winter Springs makes the
following representations to School Board:
4.1. Winter Springs is duly organized and in good standing under the laws of
the State of Florida, and is duly qualified and authorized to carry on the governmental functions
and operations set forth in this Agreement.
4.2. Winter Springs has the power, authority and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by Winter Springs has been duly authorized by the City Commission of Winter Springs;
5. REPRESENTATIONS OF SCHOOL BOARD School Board makes the
following representations to Winter Springs:
5.1. School Board is duly organized and in good standing under the laws of the
State of Florida, and is duly authorized to carry on the governmental functions and operations set
forth in this Agreement.
5.2. School Board has the power, authority, and legal right to enter into and
perform the obligations set forth in this Agreement, and the execution, delivery and performance
hereof by School Board has been duly authorized by the School Board of Seminole County,
6. STATUTORY AUTHORITY
This Agreement shall be considered an
Agreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this
Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Seminole
County, Florida, by Winter Springs and Winter Springs shall provide School Board a recorded
copy of the Interlocal Agreement upon receipt from the Clerk of the Circuit Court.
7. AUTHORIZATION FOR USE OF ELECTRONIC MESSAGE BOARD AT
EXISTING SIGN LOCATION An electronic message board feature may be incorporated
into, or may replace, an existing permanent sign located at or near the front entrance of a School
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in accordance with all terms and conditions of this Agreement ( "Electronic Sign"). The copy
area of the electronic message board feature shall be no greater than twenty -four (24) square feet
and shall be incorporated into the existing or replacement permanent sign located at or near the
entrance of the School. The electronic message board feature must be capable of being
programmed to satisfy the performance standards set forth in Exhibit "B" and of being
reprogrammed to satisfy such performance standards if the standards are modified by the City in
accordance with paragraph 9. The School Board will cooperate with the City in selecting an
electronic message board that is able to meet such performance standards and that meets the
objectives of this Agreement.
The Electronic Sign shall be used exclusively for public service announcements related to
the educational or administrative public business of the School, City messages regarding public
health concerns or emergencies as set forth in paragraph 8, and, if space allows, notices of School -
sponsored events of general public interest in accordance with any other implementing
administrative policies established by the School, or City- sponsored events in accordance with
paragraph 8. The Electronic Sign will not be used to advertise or promote any private business or
to promote any businesses or private events.
8. CITY MESSAGES In the event that the City deems it necessary or advisable to
post an emergency City message on the Electronic Sign, the School shall post such message
immediately upon receiving written notice from the City, or as soon thereafter as possible.
Emergency City messages may include Hurricane or Tornado information, notice of City public
health concerns such as "boil water alerts" or "gas leak alerts ", and emergency alerts for missing
persons often referred to as "amber alerts" or "silver alerts ".
In addition to emergency messages, the School Board shall post notices of City sponsored
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events occurring within the City under the following terms and conditions:
(a) For each academic school year (approximately August through May), notices of
City sponsored events shall not exceed more than four "signature" City events
such as the Winter Springs Arts Festival, Hometown Harvest, the Holiday Tree
Lighting, and the Highland Games.
(b) For each summer break when school is not in session, the school shall notice the
City's annual Fourth of July event and such other City sponsored events mutually
agreed to by the parties.
(c) Notices of City sponsored events shall occur daily within the week prior to the
special event including the day(s) of the event.
(d) Notices shall be posted in conjunction with any other school notices being posted
on the Electronic Sign.
(e) At such time as the School is used for City special events parking, the Electronic
Sign shall provide notice of the availability of the event parking.
9. SIGN PERFORMANCE STANDARDS Sign Performance Standards
applicable to the Electronic Sign are set forth in Exhibit "B " , attached hereto and incorporated
herein by this reference. The School shall be bound by the Sign Performance Standards. The
City may, from time to time, modify or update such Sign Performance Standards in the sole
discretion of the City Commission. In the event such modifications or updates are approved by
the City Commission, (1) the City shall provide written notice to the School pursuant to
paragraph 11 herein, and (2) upon receipt of such notice by the School, such modifications or
updates to the Sign Performance Standards are fully and completely incorporated into this
Agreement as if specifically set forth herein, and the School shall be required, at the School's
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expense, to comply therewith.
10. COMPLIANCE WITH CITY CODE AND PERMITS REQUIRED The
School Board acknowledges and agrees that it shall be required to comply with all City codes,
policies, rules, and restrictions in addition to the terms and conditions of this Agreement. The
School Board further acknowledges and agrees that the electronic message board authorized
under this Agreement is a de minimis exception to the City Sign Code and that nothing herein
shall authorize the School Board to install any other electronic message boards unless authorized
by this Agreement or City Code. The School Board further agrees to execute any permit
application from the City of Winter Springs, Florida, which is necessary to modify or construct
the Electronic Sign at the School. All permit application fees shall be paid by the School Board.
11. NOTICES All notices and correspondence shall be (i) hand delivered (with
signed acknowledgment of receipt or affidavit of delivery), (ii) delivered by registered or
certified mail, return receipt requested, or (iii) delivered by overnight carrier with signed
acknowledgment of receipt. All such notices and correspondence shall be sent to the respective
parties, with copies forwarded to their agents or attorneys, at the addresses set forth below or at
such other addresses as the parties hereto shall designate to each other in writing.
(a) if to Winter Springs:
City of Winter Springs
City Manager
1126 East S.R. 434
Winter Springs, FL 32708
Telephone: 407 - 327 -5957
Facsimile: 407 - 327 -6686
(b) if to School Board: Seminole County School Board
Superintendent
400 East Lake Mary Boulevard
Sanford, FL 32773 -7127
Telephone: 407 - 320 -0000
Facsimile: 407 - 320 -0281
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Any notice or demand so given, delivered or made by United States Mail, shall be
deemed so given, delivered or made three (3) days after the same is deposited in the United
States mail, registered or certified, return receipt requested, addressed as above provided, with
postage thereon prepaid. Any such notice, demand or document hand delivered or made by
overnight carrier shall be deemed to be given, delivered or made upon delivery (or attempted
delivery, if deliver is not accepted) of the same at the address where the same is to be given,
delivered or made.
12. TIME: GOOD FAITH COOPERATION Time is of the essence of this
Agreement and every term and provision of this Agreement. The parties shall continue to
cooperate in good faith with each other to effectuate the intent and purpose of this Agreement.
13. SEVERABILITY It is further understood and agreed that in the event any
provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such
provision or a portion thereof shall be deemed severable, and it shall not invalidate or impair the
Agreement as a whole or any other provision of the Agreement.
14. NON - WAIVER No covenant, term, condition (or breach thereof), shall be
deemed waived, except by written consent of the party against whom the waiver is claimed. A
waiver of any covenant, term, or condition (or breach thereof), shall not be deemed to be a
waiver of any other covenant, term or condition (or breach thereof).
15. CAPTIONS Captions and headings in this Agreement are for convenience
only and shall not be relied upon in construing the meaning of this Agreement or any of its
provisions.
16. CHOICE OF LAW, VENUE This Agreement has been made and entered into
in the State of Florida, County of Seminole, and the laws of such state shall govern the validity
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and interpretation of this Agreement and the performance due hereunder. The parties agree that
venue shall be exclusively in Seminole County, Florida, for all state disputes or actions which
arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or
actions which arise out of or are based upon this Agreement.
17. INTEGRATION The drafting, execution, and delivery of this Agreement by
the parties has been induced by no representations, statements, warranties, or agreements other
than those expressed herein. This Agreement embodies the entire understanding of the parties,
and there are no further or other agreements or understandings, written or oral, in effect between
the parties relating to the subject matter hereof unless expressly referred to herein. The parties
agree that they have both contributed equally to the drafting of this Agreement and this
Agreement shall not be construed more favorably against the other in the event of any conflict
with regards to the terms and conditions used herein. Reference herein to a whole paragraph
number or subsection number shall include all subsections thereto (i.e. 9 includes 9. 1, etc and 9.3
includes 9.3.1, etc.).
18. ATTORNEYS' FEES In the event that any party brings suit to enforce any of
the provisions of this Agreement, each party agrees to bear its own costs and expenses of such
action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial, post
judgment, or an appeal.
19. COUNTERPARTS This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be considered an original
Agreement; but such counterparts shall together constitute but one and the same instrument.
20. INDEMNIFICATION To the extent permitted by law, and without waiving
sovereign immunity, each party to this Agreement shall be responsible for any and all claims,
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demands, suites, actions, damages, and causes of action related to or arising out of or in any way
connected with its own actions and omissions, and the actions and omissions of its personnel, in
performing its obligations pursuant to the terms and conditions of this Agreement.
21. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be
construed as a waiver of Winter Springs's and School Board's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on their potential liability under
state or federal law.
22. ASSIGNMENT PROHIBITED, THIRD PARTIES Unless otherwise agreed
in writing by Winter Springs and School Board, this Agreement shall not be assigned in whole or
in part. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than Winter Springs and School Board and all duties and
responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of Winter Springs and School Board and not for the benefit of any other party.
(Signature Page Follows)
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
this day and year first above written.
COUNTY OF (Q , �J-
CITY OF WINTER SPRINGS, FLORIDA
By: "'
M Z JOHN F. BUSH
Notary Public State of Florida
r Andrea Lorenzo•Luaces
My Commission DD664334
Ex ires 0510912011
SWORN to an SUBSCRIBED before me this Q of S Ii� — , 2010 by
who presented his/her as identification.
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Witnesses:
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Print Name:
COUNTY OF
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SEMINOLE COUNTY SCHOOL BOARD
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SWO CRIBED before me this _ day of
, who presented his/her
as identification.
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Witnesses:
EXHIBIT "A"
Indian Trails Middle School
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EXHIBIT "B"
SIGN PERFORMANC STANDARDS:
Messages displayed through the electronic message screen must be a static, stationary display
and may not scroll, blink, flicker, flash, twirl, pulsate, project animated images or videos, or
imitate movement in any manner. In addition, the copy area will not change more frequently than
every five (5) seconds, and shall take no more than two (2) seconds to transition between
messages. When the copy area changes, the screen shall not produce a visible flash or other side
effect. These restrictions shall not prohibit the dissolving, fading or replacing of one message
with another message. The electronic message board shall have a dimmer control to produce a
distinct illumination change from a higher illumination level (not to exceed 6,000 NITs, which is
the standard measure of brightness for electronic signs) during daytime use to a lower
illumination level (Not to exceed 500 NITs) during nighttime use and to account for adverse
weather conditions that reduce the amount of sunlight.
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