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416-Used Oil Receptacle USED OIL RECEPTACLE AGREEMENT T~'~IS AGREEMENT iS made and entered this , 19 ~/, by and between SEMINOLE COUNTY, a polit~ ical s bdivision of the State of Florida, whose address is Seminole u County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY", and the CITY OF SANFORD, whose address is Post Office Box 1778, Sanford, Florida 32772-1778, hereinafter referred to as "CITY". WITNESSETH: W~EREAS, Chapter 163, Florida Statutes, encourages local government units to make the most efficient use of their powers to provide services and facilities in accordance with the needs and development of local communities; and WHEREAS, the placement of a used oil collection center in the CITY will serve the public and enhance the COUNTY'S efforts to assure proper disposition of used oil in Seminole County; and WHEREAS, the parties agree that collection of used oil serves a public purpose which can be achieved through the cooperative efforts of the CITY and COUNTY. NOW THEREFORE, in consideration of the mutual covenants and promises stated herein, the parties hereto agree asfollows: SECTION 1. TERM. The term of this Agreement is from the date of execution by COUNTY through September 30, 1991. This Agreement shall ~utomatically be renewed thereafter for successive periods not to exceed one (1) year each, unless earlier terminated as provided herein. SECTION 2. RESPONSIBILITIES OF COUNTY. (~) The COUNTY shall be responsible for selection and placement of a used oil receptacle in a public area within the CITY. (b) The COUNTY shall be responsible for draining the used oil receptacle upon notification from CITY that the receptacle needs to be drained. (c) The COUNTY shall be responsible for all maintenance services related to the used oil receptacle. SECTION 3. RESPONSIBILITIES OF CITY. (a) The CITY shall select a public area within the CITY for placement of the used oil receptacle. (b) The CITY shall be responsible for monitoring the oil level in the receptacle and contacting the Seminole County Departbent of Environmental Services when the receptacle needs to be drained. SECTION 4. TERMINATION. This Agreement may be terminated, in whole or in part, by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. SECTION 5. INDEMNIFICATION. The COUNTY agrees to indemnify, and defend the CITY, its commissioners, officers, employees, and agents against all claims, losses, damages or lawsuits for damages arising from any act, omission, or negligence of COUNTY related to the services provided by COUNTY pursuant to this Agreement. The monetary limitations of Section 768.28, Florida Statutes, (ONE HUNDRED THOUSANDAND NO/100 DOLLARS [$100,000.00] per claim and TWO HUNDRED THOUSAND AND NO/100 DOLLARS [$200,000.00] per occurrence) at the time of execution of this indemnification agreement shall apply to all claims made against COUNTY. SECTION 6. ENTIRE AGREEMENT, (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 7. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: FOR COUNTY Director of Environmental Services Environmental Services Building 3000A Southgate Drive Sanford, Florida 32771 FOR CITY City Manager P. O. Box 1788 Sanford, FL 32772-1788 Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. 3 IN WITNESS WHEREOF, the parties hereto have made and executed this Ac~reement for the purposes herein expressed. ATTEST: ~I~Y OF S ¢ - T R. ~ONAHOE, Clerk By: f Sanford Date: ~ '/3' 9/ ATTEST: BOARD OF COUNTY COMMISSIONERS ~ou.ty cc~is~io.ers ofDate:~ / / ~ / ~ / Seminoie C~unty, Florida. / For use and reliance As authorized for execution by of Seminole County only. the Board of Coun ommis- legal ~ufficiency. u eet HMB/dre 05/02/91 4