876-Fiber Optic Communication 27 It: 22
FIBER OPTIC COMMUNICATION NETWORK
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered this ~-~%y of~2001, by
and among The City of Sanford whose address is 300 N. Park Ave., Florida 32771,
hereafter referred to as CITY, and Seminole County Government, a political 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.
WITNESSETH:
WHEREAS, this Agreement is authorized under the provisions of Chapter 163, Florida
Statutes, which authorizes the exercise by Agreement of two (2) or more public agencies
of any power common to them; and
WHEREAS, both parties desire to enter into an Agreement for the use of the Fiber Optic
Communication Network (FOCN); and
WHEREAS, the shared FOCN will enhance the ability of the parties to serve the
residents and citizens of Seminole County through improved local government resources.
SECTION 1. PURPOSE
The purpose of this Agreement is to set forth the terms and conditions associated with
provisions for the shared use of the FOCN by the CITY.
SECTION 2. TERM
The initial term of this Agreement begins upon execution of the parties to this Agreement
and shall remain in effect until terminated by either party after first giving a 30 day
written notice.
SECTION 3. SHARING AND OWNERSHIP
(a) The COUNTY shall provide adequate physical fiber counectivity to CITY from the
existing FOCN and the planned future expansions by the COUNTY.
(b) The COUNTY shall provide reasonable planning and construction management
assistance to CITY for the construction of any new link needed to complete the
desired counectivity as requested by CITY.
(c) The COUNTY shall be responsible for the maintenance of the FOCN and render all
necessary services as soon as the schedules permit based upon the critical importance
of the service needed as determined by the Wide Area Communication Network Task
Force.
(d) CITY agrees to pay its fair share of the maintenance activities and provide funds for
construction of new link(s) required for its use as detailed in Section 4 of this
Agreement.
SECTION 4. BUDGET, FUNDING AND ACCOUNTING.
CITY shall pay the required maintenance charges for the segments of the FOCN provided
to CITY for its use as specified in the Exhibit "A" of this Agreement at the rate specified
for the links used by CITY. This charge shall be for the purpose of routine maintenance
and emergency repairs; providing locating services to others when requested, and data
transport services provided. The COUNTY shall submit an invoice on a semi-annual
basis on January 1 and July 1 of each year for these charges. CITY shall pay the invoices
within 30 days of the date of the invoice. The COUNTY shall update the information
provided in Exhibit "A' and "B" as changes occur. A new Exhibit "A" and "B" shall be
furnished to CITY within 15 days of the change. All new charges due to a change in
Exhibit "A" and "B" shall be appropriately pro-rated to reflect the date of the change.
CITY shall be responsible for providing adequate funds for construction of any new
link(s) required solely for its use. All joint projects shall by funded jointly by the parties
based upon a fair share contribution of the construction costs as mutually agreed by the
parties. All funds required for the construction of new projects shall be deposited into the
appropriate account as specified by the COUNTY prior to commencement of the project.
SECTION 5. NON-WAIVER.
Nothing herein shall be construed as waiving any protections or immunities provided by
common law or Florida law to any Participant or to any officers or employees of the
Participant. The failure to enforce any portion or section of this Agreement shall not be
construed to constitute a waiver of the portion or section, or any portion or section of this
Agreement, at that time, or at any time in the future.
SECTION 6. LIABILITY FOR INSTALLATION, OPERATION, AND
MAINTENANCE OF COMMUNICATION EQUIPMENT AND MATERIALS.
CITY shall be liable for all claims, damages, losses, and expenses due to the installation,
operation, and maintenance of hardware, software, and communication devices required
for participation in FOCN physically located at CITY's property or required solely for its
use, including damage to property not owned by CITY's where such damage is
attributable to CITY's acts in installing, operating, and maintaining its own equipment.
SECTION 7. INSURANCE REQUIREMENT.
CITY shall maintain its own protection against claims of third persons and their property
arising through or out of the use of FOCN or participation in this Agreement. Each party
shall maintain its own protection to protect its interest under this agreement.
SECTION 8. INDEMNIFICATION. No party under this Agreement shall be deemed
to assme any liability for the acts, omissions, or negligence of the other parties, their
officers, employees and agents.
SECTION 9. NOTICES.
Whenever a party desires to give notice to the other, notice may be sent to:
FOR COUNTY
Original to: Copy to:
Robert Zaitooni, Traffic Engineer G~egory A. Holcomb,
Seminole County Traffic Engineering Telecommunications Manager
140 Bush Loop Seminole County
Sanford, Florida 32773 Department of Information Technologies
150 Bush Blvd. Suite 3-105
Sanford, Florida 32773
FOR THE CITY
Donna Watt, Finance Director
City of Sanford
300 N. Park Ave.
Sanford, Florida 32771
Parties may change, by written notice as provided herein, the addresses or persons for
receipt of notices.
SECTION 10. AMENDMENT.
Amendments to this Agreement may be initiated by any parties. Amendments to this
Agreement shall be executed in writing by the governing bodies of all parties with the
same formality as the adoption of this Agreement.
SECTION 11. SUPERSEDENCE.
This Agreement constitutes the entire agreement among the parties with respect to the
subject matter. All prior agreements, representation, statements, negotiation, and
undertakings are superseded hereby.
SECTION 12. COMPLIANCE WITH ALL LAWS. Each party agrees that it will
perform its obligations hereunder in accordance with all applicable laws, rules and
regulations now or hereafter in effect. If any term or provision of this Agreement shall be
found to be illegal or unenforceable then, such term or provision shall be deemed stricken
and the remaining portions of this Agreement shall remain in full force and effect.
SECTION 13. ASSIGNMENTS.
The CITY shall not assign this Agreement, nor any interest arising herein, without the
written consent of all other parties.
SECTION 14. PUBLIC RECORDS LAW.
The parties acknowledge obligations under Chapter 119, Florida Statutes, to release
public records to members of the public upon request. The parties acknowledge the
requirements of other parties to comply with Chapter 119, Florida Statutes, in the
handling of the materials created under this Agreement and that said statute controls over
the terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated below.
,,/;T' BOARD OF COUNTY COMMISSIONERS
' ~ ~, FLORIDA ~
ANN DICK VAN DER WEIDE, Chairman
Clerk to the Board of
County Commissioners of
Seminole County, Florida
For the use and reliance As authorized for execution by
of Seminole County only. The Board ofC unty C mmis-
Approved as to form and sioners at their, ~{ 3
legal sufficiency 200 I, regular meeting.
EXHIBIT "A"- SCHEDULE OF CHARGES
FIBER OPTIC COMMUNICATION NETWORK
INTERLOCAL AGREEMENT
Schedule of maintenance charges
Number of Linear Foot of Cable: L.F. As of
Date
Charges per L.F. of Cable: 6.5 Cents per L.F.
Total Annual Maintenance Charge: $
Semi-Annual Invoice Amount: $
(January 1 & July lofeach year)
Distance Calculations By: Date:
Approved By: Date:
Robert B. Zaitooni
EXHIBIT "B"- SCHEDULE OF SERVICE CHARGES
FIBER OPTIC COMMUNICATION NETWORK
INTERLOCAL AGREEMENT
Schedule of maintenance charges
Service Type:
Service Location:
Segment One(l): From:
Segment Two(2): To:
As of
(Date)
Charge per month per segment: Ethemet 10Mbps: $150.00
OC3/ATM: $ 750.00
Installation charge per segment: Ethemet: $500.00
OC3/ATM: $750.00
Total Charge: Installation: $
Annual: $
Semi-Annual Invoice Amount: $
(After Installation: January 1 & July lof each year)
Approved By: Date:
Gregory A. Holcomb