876-1st Amendment to Fiber Optics THIS
entered
SANFORD,
Florida,
FIRST AMENDMENT TO FIBER OPTIC COMMUNICATION NETWORK
INTERLOCAL AGREEMENT
FIRST AMENDMENT is made and entered into this /~/
20dj and is to that certain Agreement
into on the 22nd day of March, 2001, between the
day of
made and
CITY OF
a municipality incorporated under the laws of the State of
whose address is 300 North Park Avenue, Sanford, Florida 32771,
hereinafter referred to as the "CITY" 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,
hereinafter referred to as "COUNTY".
WITNE S SETH:
WHEREAS, the COUNTY and the CITY have heretofore entered into the
Fiber Optic Communication Network Interlocal Agreement, the "Agree-
ment'' dated and executed on 22nd day of March, 2001; and
WHEREAS, the CITY and the COUNTY have mutually determined that
certain amendments and grammatical corrections to Sections 2, 4, 9,
and 10 of the Agreement are necessary and desirable for their mutual
fiscal and management practices, to enhance their performance and to
better serve the needs of their citizenry and the public interest in
general; and
WHEREAS, this First Amendment To Interlocal Fiber Optic Communi-
cation Network Interlocal Agreement, the "Amendment" is authorized by
Chapter 163, Florida Statutes and Section 10 of the Agreement,
NOW, THEREFORE, in consideration of the mutual understandings and
agreements contained herein, the CITY and the COUNTY agree to amend the
Agreement as follows:
1. Section 2 of the Agreement is hereby amended to provide for
a deadline date of March 1 of each year for submission by the COUNTY
of a cost analysis to the CITY. Accordingly, Section 2 of the Agree-
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ment is hereby amended to read as follows:
SECTION 2. TERM. The initial term of this Agreement begins upon
execution of this Agreement by the parties hereto and shall remain in
effect until terminated by either party after first giving a 30 day
written notice. By March 1 of each year, COUNTY shall provide CITY
with a cost analysis for the next fiscal year.
2. Section 4 of the Agreement is hereby amended to revise the
stated billing cycles to coincide with both the COUNTY'S and the
CITY'S fiscal year by revising the semi-annual billing cycles from
January 1 and July 1 to an annualized billing cycle of October 1, to
correct a minor scrivener's error and to provide a new form of notice
of changes to rates and charges. Section 4 shall henceforth read as
follows:
SECTION 4. BUDGET, FUNDING AND ACCOUNTING. The CITY shall pay the
required charges as specified in Exhibits '~A" and/or nB" for the
segments of the FOCN provided to the CITY for its use. This charge
shall be for the purpose of routine maintenance and emergency repairs,
providing locating services to others when requested, and data trans-
port services provided. The COUNTY shall submit an annual invoice on
October 1 of each year for these charges coming due during that fiscal
year. The 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 nB" shall
be furnished to the CITY within 15 days of the change. All new charges
due to a change in Exhibit UA" and nB" shall be appropriately prorated
to reflect the date of change. The charges provided for in Exhibits
"A" and "B" will be reviewed on an annual basis by the COUNTY Traffic
Engineer and Telecommunications Manager, or upon the CITY'S request
for additional services and/or installation. Revised forms of Exhib-
its "A" and "B" which are designed to accommodate the annualized
October 1 billing cycle are attached hereto and incorporated by
reference.
The CITY shall be responsible for providing adequate funds for
construction of any new link(s) (or replacement of same) required
solely for its use. Ail joint projects shall be 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 con-
struction of new projects shall be deposited into the appropriate
account as specified by the COUNTY prior to commencement of the
project.
3. Section 9 of the Agreement is hereby amended to remove
references of named individuals to whom notices should be sent and to
provide that notices be sent to certain officials designated by title of
their position instead. Accordingly,
be amended to read as follows:
SECTION 9. NOTICES. Whenever
the other, notice shall be sent to:
For COUNTY:
Seminole County Traffic Engineering
140 Bush Loop
Sanford, Florida 32773
Section 9 of the Agreement shall
a party desires to give notice to
with copy to:
Department of Information Technology
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
For CITY:
Finance Director
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Parties may change, by written notice as provided herein,
or persons for receipt of notices.
4. Section 10 is hereby amended to allow for certain
administrative changes regarding billing cycles and payment dates,
the addresses
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routine changes to rates and charges and for substitution of contact
persons or officials to be accomplished without the need for subsequent
formal amendment to the Agreement. Section 10 shall henceforth read as
follows:
SECTION 10. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. NO
modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith;
provided, however, no formal amendment shall be required for mere
changes or substitutions of designated contact persons per Section 9
hereof, or with respect to changes in Exhibits ~A" and mB" as provided
in Section 4 hereof. The foregoing notwithstanding, the parties may
also make changes to the frequency and stated dates of billing and
payment cycles without the need for formal amendment to this Agreement
by a letter of understanding executed by the officials of both parties
designated to receive notices under Section 9 of this Agreement.
5. Except as herein modified, all terms and conditions of the
Agreement shall remain in full force and effect for the term of the
Agreement, as originally set forth in said Agreement.
IN WITNESS WHEREOF, the CITY and the COUNTY hereto have executed
this instrument for the purpose herein expressed.
ATTEST: CITY OF SANFORD
Date:
ATTEST:
Seminole County, Florida.
By:
Date:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
Chairman
For the use and reliance
of Seminole County only.
Approved as to form and
Co-un~y At tbrney
As authorized for execution by
the Board of Count%, Commissioners
at their/~L~- . , 20~
regular meeting.
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