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HomeMy WebLinkAbout2002 01 14 Regular D Interlocal Agreement Fiber Optic Conduit and CableJanuary 14, 2002 Regular Agenda Item "D" Page 1 of 2 COMMISSION AGENDA ITEM D January 14, 2002 Meeting Consent Informational Public Hearing Regular X MI;r. ~,n~/ Dept. Authorization REQUEST: City Manager requesting the City Commission to approve an interlocal agreement between the City, Seminole County and Seminole County School Board granting reciprocal licenses for the installation and maintenance of fiber optic conduit and cable on City and School Board property. PURPOSE: This agenda item is needed to cure an existing installation problem and to provide a means for the City, County and School Board to share fiber optic conduit and cabling. CONSIDERATIONS: In August the City became aware of fiber being installed in City conduit crossing under State Road 434, and conduit and cabling being installed on City property at City Hall. The County through the County Traffic Engineering Department was performing the installation. The purpose of this installation was to connect Winter Springs High School with existing County fiber located on the south side of S.R. 434. When the City discovered this, fiber had already been run through the City's conduit located under S.R. 434 and conduit and fiber had already been installed on City Hall property. We do not know if the fiber was connected to the High School. Unfortunately, a portion of the installation was located in an area planned for expansion of the City Hall/Town Center retention pond and will have to be relocated. After discovering the installation, Winter Springs Information Systems Director, Joanne Dalka advised Seminole County Traffic Engineer, Dave Muniz and Seminole County School Network Regular Agenda Item "D" January 14, 2002 Page 2 of 2 Architect, Mike Nikitenko of the situation. Extensive discussions have followed in an attempt to resolve the issue. A three-party reciprocal licensing agreement appears to be the best way to successfully resolve the issue. The reciprocal licensing agreement provides for the following: 1. Authority for the County and the School Board to install fiber optic cabling in the City's conduit running under State Road 434. 2. Authority for the County to install fiber optic conduit and cabling in a 15-foot wide area running westward along the City property line adjacent to SR 434 and the eastern side of the western City Hall property line. 3. County and School Board agreement to relocate that portion of the conduit located outside the 15-foot license area to a location within the 15-foot license area. 4. Authority for the City to utilize conduit on School Board property in which to install City fiber optic cable. 5. Authority for the City and County to install conduit and cabling on school property in a location acceptable to the school, and as further shown on Exhibit "B", for the purpose of connecting City properties located in Central Winds Park with City Hall. FUNDING: There are no new budget requests for the execution of this agreement. The cost of running the cable will be brought to the Commission at a future date. RECOMMENDATION: It is recommended that the City Manager be authorized to execute the attached Interlocal Licensing Agreement between the City, Seminole County and the Seminole County School Board. ATTACHMENTS: Interlocal Licensing Agreement COMMISSION ACTION: EXHIBIT "B" Exhibit "B" will be developed by the School Board prior to this agreement being executed. Sent By: BROWN,wARD,SALZh9AN&WEISS,P.A.; 407 425 9596; Jan-9-02 4:56PM; Page 2/11 FIBER OPTIC NETWORK YNTERLOCAL AGR_ 'EMIT THIS INTF.RLOCAL AGREEMENT' ("Agreement"} is made and entered into this ~Y of , 2002, by and between the CITY OF WINTF,R SPRINGS, a Florida municipal corporation (hereinafter "Winter Springs"), SEMINOLE COUNTY, a. T'lurida charter county (hereinafter "Seminole County"j, and the SE,MINULE COUNTY SCHOOL BOARD (hereinafter "School Board"j. WITNESSETH: WHEREAS, the subject matter of this ]nterlocal Agreement is limi ted to the installation and maintenance of a portion of the Seminole County Fiber optic Wide Area Network utilized by the parties; and WHE1tEA5, Winter Springs owns ~ ~^-' ' ~ -tom ol'Ci I Iall Property that it utilizes for Ciber optic ~ 41r-- h~ c f ~~ `ed on Exhibit "A", and ~( V,,, ~~ ~" ~ G ~l r ~ ~ ~~ WHERF,AS, School Hoard has instal ~ ~ ~ { ~ 1~ ,,,~ a~~ anti -~- ~~ . WHEREAS, Scminole County operas ~ ~ ~'t;~ ~ tic ~~- ~~-- ~~ ~~ ' Wide Area Network which connects facilities ou ~~`~ 'al cities throughout Scminole County, Florida; and )' WHEREAS, Winter Springs, Seminole C~ _„ ..,,operate in the installation and maintenance of a portion of the Seminole County Fiber Optic Wide Area Network pursuant to the terms and conditions stated herein; and WHEREAS, the parties deem that this Agreement is in the best interests ofthe public health, JAtJ-D9-2©0~ 1?~D3 4©? ~?5 9595 94:; P.©~ Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jan-9-02 4:56PM; Page 3%it safety, and welfare. NOW, THEREFORE, in consideration of the covenants and agreement hereinafter set forth, to be kept and performed by the pazties, Winter Springs, Seminole County and School Board agree as follows: 1 • REC_tTALS. The foregoing recitals are true and correct and are incorporated herein by refcrc~ice as a material pars of this Agreement. 2. DEFINITInNS. Unless the context in which the word is used cleazly indicates otherwise, the following words shall have the meaning hereafter ascribed: 2.1 "Agreement" or "lnlerlocal Agzeement" shat I mean this interlocal Agreement between Winter Springs, Seminole County, and School Bvard. 2.2 "City Hall Property" shall be the real property owned by the City and that has an address of 1126 Ea.St State ttoacl 434, Winter Springs, Flvrida 32708. A depiction of said Property is contained on L-:xhibit "A". ?.3 "Winter Springs" shall mean the City of Winter Springs, a Florida municipal corporation and its officers and employees. 2.4 "School Boazd" shall mean the School Board of Seminole County, Florida, a.nd its officers and employees. 2.5 "Seminole County" shall mean Seminole County, a Florida charter county and its offrec~rs and employers. 3. CnNDITIONS )PRECEDENT. All rights, obligations and liabilities ofthe parties under this Agreement shall be subject to the sltisfaction of the following conditions precedent: 3.1 The complete execution of this Agreement by the parties. -2- JA~d-D9-?©0Z 1703 40? a?5 9596 94i P. 03 Sent By: BROWN,WARO,SALZh9AN8~WEISS,P.A.; 407 425 9596; Jan-9-02 4:56PM; Page 4/11 3.2 The apprnval of this Agreement by the City Commission of Winter Springs, Florida, the Board of County Commissioners of Seminole County, rlorida, and tl~e School Board of Seminole County, Florida. 3.3 The Agreement being tiled with the Clerk of the Circuit Court in and l~r Seminole County, Florida, pursuant to Section l 63.01(11), Florida Statutes. 4. STATUTORY AUTHORITY. 'this Agreement shall beconsidered an /Lgreement pursuant to Section 163.01, Florida Statutes. A true and correct copy of this Interlocal Agreement shall be filed with the Clerk ol`the Circuit ('ourt in and for Seminole County, Florida, by Winter Springs and Winter Springs shal(provide Seminole County and School Board with a recorded copy ol`the lnterlocal Agreement upon receipt from the Clerk of the Circuit Court. 5. TERM. This Agreement may be terminated by mutual written Agreement of the parties. Said termination Agreement shall be recorded pursuant to Section 5 of this Agreement. 7. STATE ROAD 434 CONDUIT. The City agrees to allow the School Boazd and Seminole County to install fiber optic cables through the City owned conduit running under State Road 434 at the location depicted on Exhibit "A". Said fiber optic cables shall be installed and maintained by School Board and Seminole County in a manner so as to not interfere with the City's use of the conduit. H. SCIIOOL BOARD LI NSE TO I1~F CITY PROPERTY. The City hereby grants to the School Board and Seminole County a fifteen (15) foot license under and across City Hall Property. Said license area shalt run along the western boundary of City Hall Property and adjacent to a portion of State Road 434, as more Particularly depicted on Exhibit "A". The license shall be fur the sole purpose of installing and maintaining conduit which shall run fiber optic cables -3- SA~J-09-z0D2 17 ~ D3 4~7 425 9596 94`": P. D4 Sent By: BR04VN,WARD,SALZMANBWEISS,P.A.; 407 425 9596; Jan-9.02 4:57PM; Page 5111 to Schoo113oard Property located directly to the north ol`City Hall Property. 1~he School Boazd and Seminole County agree to also allow the City to install lber optic cables through said conduit. The City fiber optic cables shall be installed and maintained by the City in a manner so as to not interfere with the School Board's and Seminole County's use of the conduit. 9. RELOCATION Ol~ EXISTIN(: CONDUIT ON CITY HALL PROPERTY, Within sixty (b0) days of the effective date of this Agreement, the School Aoard and Seminole County agree to relocate to the fifteen (15) foot license area described in Paragraph S, all existing School Board and Semi Hole County fiber optic conduit located on City Hal l Property and not already located within the license area. 10. CITY LICENSE TO UTiLi7E SCHOOL BOARD PROPERTY. The School Boazd hereby grants to the City a license to utilise existing School Board conduit located under School Board property located and depicted on Exhibit "B". 'fhe School Roard also lrants to the City a fifteen (15) root license under anti across School Board Property located and depicted on b;xhibit "B". The license shall be for the sole purpose of allowing the City to install and maintain fiber optic cables from City Hall to Central Winds Park. The City fiber optic cables installed in School Board conduit shall be installed and maintained by the City in a manner so as to not interfere with the School Hoard's use of the conduit. 11. NOTIC F.S. All notices and correspondence shall be (i) hand delivered (with signed acknowledgment of receipt or affidavit of deliveryj, (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 tv their agents or attorneys, at the addresses set I:orth below or at such other addresses as -4- JA~d-09-?002 17 03 407 ~2S 9595 94i P.05 Sent By: BROWN,WARD,SAL2MAN&WEISS,P.A.; 407 425 9596; Jan-9-02 4:57PM; the parties hereto shall designate to each other in writing. (a) if to Winter Springs: CITY OI' WINTER SPRINGS Attention: City Manager 1126 East State Road 434 Winter Springs, PL 32708 Telephone: 407-327-1800 facsimile: 407-327-6912 (b) if to Seminole County: SEMiNOLE COUNTY Attention: County Manager 1 I O1 East First Street Sanford, Florida 32771 Telephone: 40 7-665-7211 Facsimile: 407-665-7958 (c) ifto School Board: SEIviINOLE CUUNTY SCHOOL BOARD Attention: Superintendent 400 East [,ake Marv boulevard Sanford, Florida 32773-7127 Telephone: 407-320-0000 Facsimile: 407-320-0281 Page 6/tt Any notice or demand so given, delivered or made by United States Mail, shall be decrned so given, delivered or made three (3) days after the same is deposited in the [Jnited States mail, registered or certified, return receipt requested, addressed as above rrovidcd, with postage thereon prepaid. Any such notice, demand or ducurnent hand delivered or made by overnight catTier shall be deemed to be given, delivered or made upon delivery (or attempted delivery, if deliver i~ nut accepted) ot'the same at the address where the same is to be given, delivered or made. 12. SEVERABILITY. It is further understood and agreed that in the event any -5- JAhJ-09-?00~ 1703 407 425 9596 94X P. 06 Sent By: BROWN,wARD,SAL2h1AN&wEISS,P.A.; 407 a25 9596; Jan-9.02 4:57PM; Page 7111 provision of this Agreement shall be adjudged, decreed, held, or ruled to be invalid, such provision or s 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. 13. >yON-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), 14. CAPTIONS Captions and headings in this Agreement are for convenich~ce only and shall nut be relied upon in construing the meaning of this Agreement or any of its provisions. l5. CHOICE OF LAW• VFNUE. This Agreement has been made and entered into in the State of Florida, Cotmty of Seminole, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. 'the parties agree that venue shall be exclusively in Szminule County, Florida, for all state disputes or actions which arise out nl' or arc based upon this Agreement, and in Orlando, Florida, for all federal diapules or actions which arise out of or are based upon this Agreement. 1G. 1NTF,CRATIQN. Tt-edraning,execution, anddeliveryofthisAgreementbythe 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 a!•e no further or other agreements or understandings, w7itten or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. This Agreement may be amended only by a written instrument executed and recorded with the same forrnalitics as this Agreement. The parties agree that they have both contributed equally to the draping of this -6- JA~J-D9-2©02 17 ~ D3 4D? 4Z5 '3595 94i P. D7 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jan-9.02 4:58PM; Page Bi11 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. 17. ATTORNEXS' FFES. In the event that any party brings suit to enforce any of the provisi ons of Ibis Agreement, each part}' agrees to bear its own cots and expenses of such action including, but not litnitcd to, reasonable attorney's fees, whether at settlement, trial, post judgment, or an appeal. 18. 1 NnEMNIFICATION. To the extent permitted bylaw, and wi shout waiving sovereign. immunity, each party to this Agreement shall be responsible for any and all claims, demands, suites, actions, damages, and cat~.ses of action related to or arisinfi 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 ~f this Agreement. 19. SOVEREIGN IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of Winter Springs', Seminole County's, or the Sclwul 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. 20. ASSIGNMENT PROHIBITED• TIIIRD PARTIES. Nothing under this Agreement shall be construed to give any rightti or benefits in this Ab~reement to anyone other thatl Winter Springs, Seminole County, and the School Board and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Winter Springs, School Board and Seminole County and not for the benefit of any other party. -7- 7AP~l-09-?00Z 17 03 40? ~a?5 9595 9.4 P. 08 Sent By: BROV~'N,NIARD,SAL2MAN&~^IEISS,P.A.; 407 425 9596; Jan-9.02 4:59PM; Page 9/11 1N WITNESS WHEREOF, the pazties hereto have hereunto set their hands and seals this day and year Grst above written. CITY OF WiNTI/'R SPRINGS, FLORIll.A ATTEST: By: Andrea Lorenzo-Luacr9 City Clerk ay: Ronald W. McLemore City Mansigcr SEMINOLE COUNTY, FLORIDA IIy: ATTEST: By: ATTEST: Bv: J. Kevin Cracr County Manager SCHOOL litUARD OF SENiINOLE COUNTY, Fi;ORTDA B}r: Paul J. Hagerty Superintendent ATTACHMENTS: F,xhibit "A": City Property and Conduit Location Exhibit "B": School Board Property and Conduit Location -3- JAhJ-09-2002 17 03 407 425 95'95 94 P. 09 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jan-9-02 4:58PM; Page 10111 ~• ---•---~ -~ - EXHIBIT A ~'H4 .. STrrl~,7 i (i ii;i ri Nl !r, n iEOCx~il ti n,,rNn (.w (1.000 2C)NI~ -AI'- ~ - ~ rs .. 1J. ` //' - . SOS." / ~' ' ~• ~~ ~ .t c~i /'. U A.. ~~ `. ~r~ .,\ ~~ '~. ~wzo-sasnr=-0eoo-ozco ~ ~ ~\ ! `\. C,) JA MICHAEL INC. ~ ~\ ! tt ~ ~ Ftooo zONe -AL•' ~ 'L `• ,\ \ _ ,\ ~ ~~ ~ ~ (,Y(Y OI~ W1Nl~F gPftINGS ~' , ~\ . \ / 8000 7.4NG -AL•:••"~ ~~~ ~ \ ~ ~ i to • . `j i \ ~`-. `~' '~ \\ r 'A 4~ v , ~ ~'a _ ~ \ Of~ f" / ~ ~.y CONDUIT iy ~ '` l~l..:':.. ~~ (; <h.: - ; , i ' ~. ~ ` \ ~j, ~l~// ~'~ ... ~ ~ OLUMBEIIC~ lF~1S d r ~t ~ f•1 ~n0 7CkIF I ~ \ \ OvO ~•~\ ~ v , ,~.. ~~ Gl7n I'ni(: :Ln« ~•~ ........ ..... `~\ . r ~i \\ ra~~.. u. .v .... ~..~ r,.. ~ ' .1 \ ' rrr~ , r 1 J ,i rl_ ~ ,,;..~~~~Ir)r~ JAFJ-D9-2002 17~ 03 407 425 9595 9a%: P. 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jan-9-02 4:58PM; Page 11/tt EXHIBIT "B" JA~J-09-2002 17 03 40? 425 9595 94i P. 11 COMMISSION AGENDA ITEM D January 14, 2002 Regular Meeting Consent Informational Public Hearings Regular X Mgr. / Authorization Dept. REQUEST: City Manager requesting the City Commission to approve an interlocal agreement between the City, Seminole County and Seminole County School Board granting reciprocal licenses for the installation and maintenance of fiber optic conduit and cable on City and School Board property. Per brief discussion with Manager McLemore on April 30, 2002, this Contract will not be executed.