HomeMy WebLinkAbout915-Old Sanford Lib. Shared Use
Inc.; Sanford Chamber of Commerce; or other City sponsored organizations with the
consent of the COUNTY, and finds that the public health, safety and welfare will be served
through the shared use of the building with the CITY.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
promises contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
Section 1: Recitals. The above recitals are true and correct and form a material
part of the Agreement upon which the parties have relied.
Section 2: Obliclations of COUNTY and CITY.
(A) The CITY and the COUNTY agree to joint use of the property and building
known as the Old Sanford Library (hereinafter referred to as the "Building"), located at 230
East First Street, Sanford, Florida. The COUNTY shall occupy 1400 square feet and the
CITY shall occupy 2000 square feet in said Building, allocated as shown on Exhibit "A",
attached hereto and incorporated herein.
(B) The CITY shall be responsible for all interior renovations to the Building,
including those renovations necessary to secure the library storage area used by the
COUNTY, The CITY shall also be responsible for all utility and custodial costs associated
with the Building.
(C) The COUNTY and the CITY will equally share the costs of window repair and
repainting. The COUNTY shall pay fifty percent (50%) and the CITY shall pay fifty percent
(50%) of the total cost. The COUNTY's participation under this Section shall not exceed
fifteen thousand dollars ($15,000.00). The CITY shall be responsible for performing
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window repair and repainting and shall receive COUNTY approval of the contractor and
repair costs prior to commencing work. Prior to any work commencing, the proposed
contractor and the proposed costs of all work shall be determined. After said
determination, the CITY and the COUNTY shall jointly approve the contractor and price
before issuing a notice to proceed to the contractor.
(D) The COUNTY agrees to pay its portion of the costs as stipulated above to
the CITY within thirty (30) days of the conclusion of the renovation and upon presentation
of invoices from the CITY detailing the work performed and costs expended. The
· COUNTY Director of Library and Leisure Services is responsible for ensuring performance
of the term of this Agreement and shall approve the payment request prior to the payment.
(E) The space shared by the COUNTY and the CITY shall be used exclusively
for Library purposes, for use by the City Police Department, Sanford Mainstreet, Inc.;
Sanford Chamber of Commerce or other CITY sponsored organizations or other CITY
approved uses that will not adversely impact the shared use of the shared space. The
CITY will notify the COUNTY of other proposed uses and provide the COUNTY with the
opportunity to comment upon same. Other uses of the Building may be permitted upon
adoption of an addendum to the Agreement.
(F) The CITY and the COUNTY agree to shared use of the Building until a
COUNTY library building is expanded or a new COUNTY public library is constructed, at
which time the provisions of this Agreement shall terminate and the COUNTY shall execute
documents to revert the Building back to the CITY.
(G) CITY employees shall not be permitted to use the North Branch Library staff
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parking lot located to the west of the North Branch Library.
Section 3: Coml~liance With Local And State Law. The CITY and the COUNTY
shall comply with applicable State and local laws, regulations and ordinances, which by
reference are hereby incorporated as if fully set forth herein, including but not limited to,
the following:
(A) Chapter 112, Florida Statutes, concerning conflicts of interest.
(B) Any and all laws, rules and regulations relating to the matters set forth or
implied in this Agreement.
Section 4: Maintenance Of Records.
(A) The parties shall, at a minimum, maintain all records required by Federal,
State and local laws, rules and regulations and procedures.
(B) The parties shall maintain such records, accounts and property and
personnel records as deemed necessary by Florida law or otherwise typical in sound
business practices to assure proper accounting of funds and in compliance with this
Agreement.
(C) All records and contracts, of whatsoever type or nature, required under the
Scope of this Agreement shall be available for audit, inspection and copying at any time
during normal business hours and as often as the other party may deem reasonably
necessary. Each party shall have the right to obtain and inspect any audit pertaining to
the performance of the Agreement made by any Federal, State or local agency. Each
party shall retain all records and supporting documentation applicable to this Agreement
for a minimum of five (5) years after resolution of the final audit and in accordance with
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Florida law.
Section 5: Liability.
(A) Except for reimbursement as specifically set forth herein, the COUNTY shall
not be liable to any person, firm, entity, or corporation who contracts with or who provides
goods or services to the CITY in connection with the services hereunder, or for debts or
claims accruing to such parties against the CITY. The Agreement shall not create a
contractual relationship, either expressed or implied, between the COUNTY and any other
person, firm, entity or corporation supplying any work, labor, services, goods or materials
to the CITY as a result of this Agreement.
(B) The CiTY shall not be liable to any person, firm, authority or corporation who
contracts with or provides services or goods to the COUNTY in connection with the
COUNTY'S use or the premises.
Section 6: Subcontracts. All contracts made by the CITY to perform activities
described in this Agreement shall comply with applicable laws, rules and regulations set
forth in this Agreement. Any additional work or services subcontracted hereunder by the
CITY shall be specified by written agreement and subject to this Agreement.
Section 7: Indemnification.
(A) To the extent permitted by law, each party shall hold harmless, and indemnify
the other party from and against any and all liability, loss, claims, damages, costs,
attorney's fees and expenses of whatsoever kind, type or nature which the other party may
sustain, suffer or incur or be required to pay by reason of the loss of any monies paid to
whomsoever resulting out of fraud, defalcation, dishonesty offallure of the party to comply
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with applicable laws, rules or regulations; or by reason or as a result of any act or omission
of the part in the performance of the Agreement or any part thereof; or be reason of a
judgment over and above the limits provided by the insurance required hereunder; or by
any defect in the construction of the project; or as may otherwise result in any way or
instance whatsoever.
(B) In the event that any action, suit or proceeding is brought against either party
upon any alleged liability arising out of the Agreement, or any other matter relating to the
Agreement, the other party shall provide notice in writing thereof to the other party by
registered or certified mail addressed to the other party at its address provided herein.
Upon receiving notice, the party receiving notice, at its own expense, shall diligently
defend against the action, suit, or proceeding and take all action necessary or proper
therein to prevent the obtaining of a judgment against the party providing notice.
Section 8: Insurance. Each party shall carry and maintain in full force and effect
throughout the term of this Agreement, either liability insurance or a liability self-insurance
program to, at a minimum, the limit of liability set forth in Section 768.28, Florida Statutes,
as same may from time to time be amended.
Section 9: Assiclnments. Neither party shall assign the Agreement nor any
interest herein without the prior written consent of the other party,
Section10: Headincls. Allarticlesanddescriptiveheadingsofparagraphsinthis
Agreement are inserted for convenience only and shall not affect the construction or
interpretation hereof.
Section11: Termination. This Agreement may be terminated in accordance with
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the terms and conditions set forth under this Agreement.
Section 12: Notice. Whenever either party desires to give notice unto the other,
notice may be sent to:
For County:
J. Kevin Grace, County Manager
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
For City:
Mayor
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Either of the parties may change, by written notice as provided herein, the addresses or
persons for receipt of notice.
Section 13: Severability. If anyone or more of the covenants or provisions of the
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 the
Agreement, and shall, in no way, affect the validity of the remaining covenants or
provisions of the Agreement.
Section 14: Conflict Of Interest.
(A) Both parties agree that they will not engage in any action that would create
a conflict of interest in the performance of their respective obligations pursuant to this
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Agreement or which would violate or cause others to violate the provisions of Part Ill,
Chapter 112, Florida Statutes, relating to ethics in government.
(B) The CITY hereby certifies that no officer, agent or employee of the COUNTY
has any material interest (as defined in Section 112,312(15), Florida Statutes, as over five
percent (5%)) either directly or indirectly, in the business of the CITY to be conducted
here, and that no such person shall have any such interest at any time during the term of
this Agreement.
(C) Pursuant to Section 216.347, Florida Statutes, each party hereby agrees that
monies that may be received from the other party pursuant to this Agreement will not be
used for the purpose of lobbying the Legislature or any other State or Federal Agency.
Section 15: Entire Agreement / Effect On Prior Aareement, This instrument
constitutes the entire agreement between the parties and supersedes all previous
discussions, understandings and agreements, if any, between the parties relating to the
subject matter of the Agreement. Amendments to and waivers of the provisions herein
shall be made by the parties in writing by formal amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day hereinabove first written.
ATTEST: CITY OF SAN FORD
C-k rC erk
N I, IEi'K:-
Date
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ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
I McLain, Chairman
County Commissioners of Seminole
County, Florida
Date
For the use and reliance of Seminole As authorized for execution by the Board
County only. Approved as to form and of County Commissioners at their __
legal sufficiency. /a_-// ,2001, regular
meeting.
Coun orn ~ ~ ~
i:~lng%cities%2.001~sanford~shard USe agr-libraW
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Seminole Cd:, r:y Seminole County;!; ::,!400 :sq- ft.
City of Sanford 2000 sq:;?ft, '
i ~, Total:3400:sq..ft,2 .
~ ~ ~ ,, ,, ~- --~ ,,.,, ,',, ,,. "' "Exhibit 'A'
Fropoeea Floor Plan
'REQUISITION ON PURCHASING AGENT
, ..d~:O.DE.~.~Eo"O,,,.~--.TE.,~'EO.~E,.No. 25001
APPROVED DATE REQUISITIONEF~
ORDERED: ~_////./,../~/~
RO. NO:. ~ ~
........... i
MATTEINI PAINTING
2864 Copper Ridge Court. Lake Mary, FL 32746 (407) 323--8942(407) 221-7982
PROPOSAL SUBMITTED TO: Mr. Dwight (Butch) Willey
COMPANY: City of Sanford/Public Works Department
ADDR.ESS: 800 W. Fulton Sla'eet/P.O Box 1788
CITY, STATE: Sanford, FL 32772-1788
PI-iONE NO: (:407) 302-1017
FAX NO: (407) 330-3601
We hereby propose to furnish the materials and perform the labor nec.~r:au3t for the completion of
3) Interior prep, painting of all windows domain stairs.
4) Exterior pressure washing of cornpl~e building "',
separate p~ice:S~250:00 C %;
s> co,~,~t wit, be ~a~ h d~,n ,po, job./~7~
with .. ,:
Total price $ ~,300.00
All rnaterit~l is guaranteed to be as specifie~k az~[ the above to b~ performed in accordance with
the drawings and specifications submitted for above and completed in a subslam'ial workratantlike
rammet for the sum of Dollars.
With payments to be made as follows: Deposit required
Deposit Total bahnee
ACCEPTANCE OF PROPOSAL
The above prices specificatio~ and coadit.on ~re sailsfaUlty and h~by acr_,epted. Yea are
authorized to do the work as specified. Payment_~ will be made as outlined above.
Dare
Signature:
PROPOSAL NO.
Signature: