2017 Touch a Truck Interlocal INTERLOCAL AGREEMENT BETWEEN
SEMINOLE COUNTY AND THE CITY OF SANFORD
FOR SEVERE WEATHER AWARENESS WEEK
TOUCH-A-TRUCK PUBLIC OUTREACH SPECIAL EVENT
THIS INTERLOCAL AGREEMENT is made and entered into by and between
SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose
address is Seminole County Services Building, 1101 E. First Street, Sanford, Florida 32771,
hereinafter referred to as "COUNTY", and the CITY OF SANFORD, a Florida municipal
corporation, whose address is 300 N. Park Avenue, Sanford, Florida 32771, hereafter referred to
as "CITY".
WITNESSETH:
WHEREAS, COUNTY plans to hold a Severe Weather Awareness Week — Touch-a-
Truck Public Outreach Event (the "Special Event") at Fort Mellon Park in Sanford, Florida on
Saturday, January 28, 2017; and
WHEREAS, the Special Event is beneficial to the citizens of both CITY and COUNTY;
and
WHEREAS, the parties desire to enter an agreement formalizing the respective
responsibilities of the parties as to insurance and indemnification in connection with the Special
Event,
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between the parties, and for the mutual benefit of
COUNTY and CITY and their respective citizens, the parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material part
of the agreement upon which the parties have relied.
Interlocal Agreement between Seminole County and City of Sanford
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Touch-a-Truck Public Outreach Event CLERK E*f Wk f IRCUlf COURT
Page I of 7 Atli)COMPTROL i is,
SEMI LE COU FLORID
DEPUTY CLERK
Section 2. COUNTY Responsibilities.
(a) COUNTY will take all reasonable precautions for the safety of the public and will
provide reasonable protection to prevent damage, injury, or loss to all persons and property in
association with the Special Event.
(b) COUNTY will comply with all laws, ordinances, rules, regulations, and other
orders regarding the safety of persons or property, or their protection from damage, injury, or loss
with regard to the Special Event.
(c) COUNTY will ensure that the Special Event complies with all trademark and
copyright laws, and all other laws relating to intellectual property rights in every respect.
(d) In any emergency affecting the safety of persons or property, COUNTY will act
with care and discretion to prevent threatened damage, injury, loss, or death.
(e) If COUNTY receives notice, in any manner, of any lawsuit or claim arising from
the Special Event, COUNTY will promptly notify CITY in writing of such claim or lawsuit.
Section 3. CITY Responsibilities.
(a) CITY will make Fort Mellon Park available to COUNTY for the Special Event on
Saturday, January 28, 2017.
(b) CITY will take all reasonable precautions for the safe condition of the Fort Mellon
Park property prior to the Special Event.
(c) In any emergency affecting the safety of persons or property, CITY will act with
care and discretion to prevent threatened damage, injury, loss, or death.
(d) If CITY receives notice, in any manner, of any lawsuit or claim arising from the
Special Event, CITY will promptly notify COUNTY in writing of such claim or lawsuit.
Interlocal Agreement between Seminole County and City of Sanford
for Severe Weather Awareness Week
Touch-a-Truck Public Outreach Event
Page 2 of 7
Section 4. Insurance Requirements. CITY accepts the Certificate of Insurance which
COUNTY has provided CITY in connection with this Special Event, and which is attached to this
Agreement as Exhibit 1.
Section 5. Indemnification.
(a) COUNTY expressly acknowledges and accepts its responsibility under applicable
law and, to the extent permitted by law, agrees to indemnify, defend, and hold CITY harmless for
loss,damage, or injury to persons or property arising out of or resulting from COUNTY's activities
under this Agreement, unless, however, such claim or demand arises out of or results from the
negligence of CITY, its servants, agents, employees, or assigns. This provision is not to be
construed as a waiver by COUNTY of its sovereign immunity, except to the extent waived
pursuant to Section 768.28, Florida Statutes (2016), as this statute may be amended from time to
time.
(b) CITY expressly acknowledges and accepts its responsibility under applicable law
and, to the extent permitted by law, agrees to indemnify, defend, and hold COUNTY harmless for
loss, damage, or injury to persons or property arising out of or resulting from CITY's activities
under this Agreement, unless, however, such claim or demand arises out of or results from the
negligence of COUNTY, its servants, agents, employees, or assigns. This provision is not to be
construed as a waiver by CITY of its sovereign immunity, except to the extent waived pursuant to
Section 768.28, Florida Statutes (2016), as this statute may be amended from time to time.
(c) The principles of comparative negligence apply to loss, damage, or injury as
specified in subsections (a) and (b) above where the negligence of both CITY and COUNTY and
their respective servants, agents, employees, or assigns are involved,
Interlocal Agreement between Seminole County and City of Sanford
for Severe Weather Awareness Week
Touch-a-Truck Public Outreach Event
Page 3 of 7
(d) The parties further agree that nothing contained in this Agreement may be
construed or interpreted as denying to any party any remedy or defense available to the parties
under the laws of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and
CITY beyond the waiver provided for in Section 768.28, Florida Statutes (2016), as this statute
may be amended from time to time.
(e) The waiver of any provision in this Agreement regarding insurance by either party
will not constitute the further waiver of this provision regarding indemnification or the waiver of
any other provision of this Agreement.
Section 6. Notice. Any notice delivered with respect to this Agreement must be in writing
and will be deemed to be delivered (whether or not actually received) when (i) hand- delivered to
the person(s) hereinafter designated, or (ii) when deposited in the United States Mail, postage
prepaid,certified mail,return-receipt requested, addressed to the person at the address for the party
as set forth below, or such other address or to such other person as the party may have specified
by written notice to the other party delivered in according to this section:
For COUNTY:
Seminole County Public Safety Department
Attn: Public Safety Director
200 W. County Home Road
Sanford, Florida 32773
For CITY:
City of Sanford
Attn: City Manager
300 N. Park Avenue
Sanford, Florida 32771
Interlocal Agreement between Seminole County and City of Sanford
for Severe Weather Awareness Week
Touch-a-Truck Public Outreach Event
Page 4 of 7
Section 7. Governing Law. The laws of the State of Florida govern the validity,
enforcement, and interpretation of this Agreement. Circuit Court, 18th Judicial Circuit in and for
Seminole County, Florida is the sole venue for any legal action in connection with this Agreement.
Section 8. Parties Bound. This Agreement is binding upon and inures to the benefit of
CITY and COUNTY and their successors and assigns.
Section 9. Dispute Resolution. Either party to this Agreement may notify the other party
that it wishes to commence formal dispute resolution with respect to any unresolved problem under
this Agreement. The parties agree to submit the dispute to a Florida Bar Certified Circuit Court
Civil Mediator for mediation, within sixty(60) days following the date of the notice. The parties
agree that, in the event that any dispute cannot be resolved by mediation, it may be filed as a civil
action in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole
County, Florida which is the sole venue for any such civil action. The parties further agree that
any such action will be tried to the Court and the parties hereby waive the right to jury trial as to
such action.
Section 10. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by both parties, except
as otherwise specifically provided in this Agreement.
Section 11. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the parties that the
Interlocal Agreement between Seminole County and City of Sanford
for Severe Weather Awareness Week
Touch-a-Truck Public Outreach Event
Page 5 of 7
invalidity will not affect other provisions or applications of this Agreement., which can be given
effect without the invalid provision or application, and to this end the provisions of this Agreement
are declared severable.
Section 12. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Section 13. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only,do not constitute a part of this Agreement,and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 14. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
Florid
City of Sanford, F7V
Jeff Triplett, r V
Attest:
CynthiaPorter, City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
Interlocal Agreement between Seminole County and City of Sanford
for Severe Weather Awareness Week
Touch-a-Truck Public Outreach Event
Page 6 of 7
, .,..1 BOARD OF COUNTY COMMISSIONERS
ATTES,C`;- SEMINOLE COUNTY,FLORIDA
By
C T M LOY JO ORAN, airman
Clerk to the Board of
County Commissioners of
Seminole County, Florida. Date:
For the use and reliance of As authorized for execution by the Board of
Seminole County only. County Commissioners at its
201 -7 , regular meeting.
Approved as to form and
legal sufficiency.
unty Attorney
DWM/lpk
12/9/16
P:AUsers\Legal Secretary CSB\Public Safety\2016\Interlocal Sanford(Touch A Truck).docx
Attachment:
Exhibit A—Certificate of Liability Insurance
Interlocal Agreement between Seminole County and City of Sanford
for Severe Weather Awareness Week
Touch-a-Truck Public Outreach Event
Page 7 of 7