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602-GIS GEOGRAPHIC INFORMATION SYSTEM INTERLOCAL AGREEMENT 19 ~, by and among the CITY OF SANFORD, whose address is City Hall, 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as CITY, the PROPERTY APPPa~ISER FOR SEMINOLE COUNTY, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as PROPERTY APPRAISER, and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinaf- ter 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, the COUNTY and PROPERTY APPRAISER entered into an Agreement on January 28, 1993, known as the Geographic Information System (GIS) Interlocal Agreement; and WHEREAS, the GIS Interlocal Agreement contemplated and made provisions for additional participants; and WHEREAS, the shared GIS will enhance the ability of the parties to serve the residents and citizens of Seminole County through improved local government resources; and WHEREAS, the CITY has requested a copy of the GIS digital base map. CERTIFIED COPY t MARYANNE WORSE CLERK OF CIRCUIT COURT SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions associated with provisions of the GIS digital base map to the CITY. SECTION 2. TERM. The initial term of this Agreement begins upon execution by all parties to this Agreement and ends September 1, 1996, or upon the commencement date of a subsequent, superseding agreement among the parties, whichever occurs first. This Agreement shall be automatically renewed for subsequent one {1) year periods unless superseded as provided above or terminated as provided for in this Agreement. SECTION 3. SHARING AND OWNERSHIP. (a) The COUNTY and PROPERTY APPRAISER shall provide to the CITY a copy of the GIS digital base map covering the corporate limits of the CITY in an Arc/Info export file format on magnetic tape or other suitable media. (b) The CITY will provide to the COUNTY and PROPERTY APPRAISER, upon its completion, their GIS layered data, including, but not limited to: zoning, future land use, existing land use, and street centerlines in an Arc/tnfo readable format on magnetic tape. (c) The CITY shall be responsible for funding the acquisi- tion, installation and maintenance of hardware (such as local processors, terminals and plotters), software, staff, materials and training required for its participation in the GIS. (d) The COUNTY and PROPERTY APPRAISER are supplying the digital GIS base map to the CITY, AS IS, without any warranty of any kind or nature, express or implied warranties of fitness for a 2 particular purpose. The CITY shall be solely responsible for the selection, use, implementation and/or modification of the GIS digital base map. SECTION 4. BUDGET, FUNDING AND ACCOUlqTING. The COUNTY and the PROPERTY APPRAISER have funded the development costs in acquiring and implementing the GIS. The CITY acknowledges that if in the future it desires to become an on-going participant in the GIS, it shall contribute to the COUNTY and PROPERTY APPRAISER a sum of money sufficient to reimburse its fair share of that portion of the COUNTY and PROPERTY APPRAISER'S investment in the GIS, which the CITY is expected to utilize. The amount of this contribution shall be negotiated during the approval process and shall be included in a subsequent written agreement. The written agreement will also identify the Data Standards, Operating Standards and Procedures, and Exchange Standards in which the CITY will be responsible for compliance. SECTION 5. NONWAIVER. 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 GIS EQUIPMENT AND MATERIALS. The CITY shall be 3 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 GIS physically located at the CITY'S property or required solely for its use, including damage to property not owned by the CITY'S where such damage is attributable to the CITY'S acts in installing, operating, and maintaining its own equipment. SECTION 7. INSURANCE REQUIREMENT. The CITY shall maintain its own protection against claims of third persons and their property arising through or out of the use of GIS 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 assume 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 Director, Central Services Department SBminole County Services Building 1101 East First Street Sanford, Florida 32771 FOR PROPERTY APPRAISER Bill Suber, Property Appramser Seminole County Services Building 1101 East First Street Sanford, Florida 32771 4 FOR CITY City of Sanford 300 North Park Avenue 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 writingby 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 5 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 WITN~.SS W}tEREOF, the parties have executed this Agreement on the dates indicated below. WITNESSE : PROPERTY APPRAISER FOR .. SEMINOLE COUNTY By: y Appraiser ATTEST: BOARD OF COUNTY COMMISSIONERS o ' ' , FLORIDA DICK VAN DER WEIDE, Chairman f county Commissioners of Date: Seminole County, Florida. For the use and reliance As authorized for execution by of Seminole County only. t.he Board of C.ount , Cqr~,mis- leg~_fZic ' cy. A HB/gn 3/11/96 GISINTL. SNF 6