INTERLOCAL AGREEMENT FOR INTERSECTION IMPROVEMENTS TO COURT STREET BY THE CITY OF CLEARWATER
I
INTERLOCAL AGREEMENT
FOR
INTERSECTION IMPROVEMENTS TO COURT STREET BY THE CITY OF CLEARWATER
PROJECT NAME: COURT STREET INTERSECTION IMPROVEMENTS
PROJECT LIMITS: INTERSECTION OF COURT STREET, OAK AVENUE AND CHESTNUT
STREET
PROJECT NO. N/A
This Agreement, made and entered into on the IA--day of ,
2008, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter
called COUNTY, and the City of Clearwater, hereinafter called CITY.
WITNESSETH:
WHEREAS, this Agreement is made and entered between parties pursuant to Section
163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and
WHEREAS, the CITY intends to construct intersection improvements to Court Street,
Oak Avenue and Chestnut Street, hereinafter referred to as the PROJECT; and
WHEREAS, the CITY'S plans for the PROJECT have been provided to the COUNTY
and the COUNTY has had an opportunity for input into the development of said plans; and
WHEREAS, the COUNTY and the CITY have determined that it would be in the best
interest of the general public and to the economic advantage of both parties to enter into this
Agreement for the PROJECT; and
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter
contained, it is mutually agreed by and between the parties hereto as follows:
SECTION 1
PINELLAS COUNTY RESPONSIBILITIES
1.1 The COUNTY shall reimburse the CITY for fifty percent (50%) of the actual
construction expenses up to an amount not to exceed Four Hundred Thousand and
00/100 Dollars ($400,000.00), which shall be comprised of the following:
A. Cash contribution not to exceed Three Hundred Ninety Thousand Two
Hundred and 001100 Dollars ($390,200.00)
B. In-kind contribution of Nine Thousand Eight Hundred and 00/100 Dollars
($9,800.00)
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1.2 To meet the in-kind contribution the COUNTY will supply the signal control
system and cabinet for the Court Street / Osceola Avenue / Oak Avenue intersection.
This equipment will be compatible with the proposed Advanced Traffic Management
System / Intelligent Transportation System to be installed by the COUNTY or the
Florida Department of Transportation at a future date. This equipment will be installed
by the CITY or the CITY'S contractor.
SECTION 2
CITY OF CLEARWATER RESPONSIBILITES
2.1 The CITY will be responsible for all aspects of the PROJECT
2.2 The CITY has prepared, at its expense and not reimbursable under this
agreement, the design plans and specifications for the PROJECT. A copy of the final
plans and specifications will be provided to the COUNTY prior to advertising for
construction. The plans and specifications will be signed and sealed by a Registered
Professional Engineer in the State of Florida.
2.3 The CITY will obtain all necessary permits required for construction of the work.
2.4 The CITY will provide the necessary surveying work for the PROJECT.
2.5 The CITY will ensure the PROJECT is constructed in substantial accordance
with the plans and specifications as prepared by the CITY.
2.6 The CITY will be responsible for the bidding, award, construction inspection and
construction management of the PROJECT.
2.7 The CITY will require the successful contractor to:
(a) Indemnify, hold harmless, pay on behalf of and defend the COUNTY and its
agents and employees from and against all damages, losses and expenses,
including, but not limited to, attorneys' fees, arising out of or resulting from
the performance of the PROJECT;
(b) Provide a dual oblige bond in the full amount of the PROJECT , naming the
CITY and the COUNTY as obliges; and
(c) Provide insurance coverage with the COUNTY and the CITY named
additional insured entities and certificate holders in the sum of $500,000.00
per occurrence and $1,000,000.00 in the aggregate;
(d) Upon completion of the entire PROJECT, the CITY will insure that any
warranty, including materials, equipment, workmanship and closeout
documents, by the contractor constructing and/or installing facilities in
accordance with this Agreement, is passed to the COUNTY under the same
terms and conditions as that warranty applies to facilities constructed or
installed on behalf of the CITY.
2.8 The CITY shall provide invoices to the COUNTY for reimbursement for
construction expenditures for the PROJECT as specified in Section 1.1. Invoices
for construction services shall be accompanied by appropriately executed pay
applications submitted by the contractor and approved by the CITY. The
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COUNTY reserves the right to verify in the field actual progress prior to
approving request for reimbursement.
All invoices for reimbursement shall be submitted to:
Barbara A. Kuhl, C.P.M.
Director of Financial Services and Contracts
Pinellas County Public Works Department
440 Court Street, 4th Floor
Clearwater, Florida 33756
SECTION 3
RESPONSIBILITIES OF THE PARTIES
The COUNTY and the CITY shall be fully responsible for their own acts of negligence
and their respective agents' acts of negligence, when such agents are acting within the
scope of their employment; and shall be liable for any damages resulting from said
negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is
intended to serve as a waiver of sovereign immunity by either the COUNTY or the CITY.
Nothing herein shall be construed as consent by the COUNTY or CITY to be sued by
third parties in any matter arising out of this Agreement.
SECTION 4
FISCAL FUNDING
The obligations of the parties are subject to appropriate budgeted funds being available
in each budget year to achieve the purposes of this Agreement. In the event that
sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement
shall terminate on the last day of the fiscal year for which sufficient budgeted funds are
available without penalty to either of the parties.
SECTION 5
MISCELLANEOUS TERMS
5.1 This Agreement contains the entire Agreement between the parties. There are no
promises, terms, conditions or allegations other than those contained herein and
this document shall supersede all previous communications, representations
and/or agreements, whether written or verbal, between the parties hereto. This
Agreement may be modified only in writing executed by all parties. This Agreement shall
be binding upon the parties, their successors, assigns and legal
representatives.
5.2 As required by Section 163.01 (11), Florida Statutes, this Agreement shall be filed
with the Clerk of the Circuit Court of Pinellas County after execution by the parties.
5.3 This Agreement shall take effect immediately upon filing with the Clerk of the
Circuit Court and shall continue in full force and effect until either completion of the
PROJECT or unless and until terminated, in writing, by mutual agreement of both the
CITY and the COUNTY, or extended for a longer term by amendment.
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5.4 This Agreement may be terminated by the COUNTY or CITY upon sixty (60)
days written notice otherwise it will terminate upon completion of performance.
5.5 If the Agreement is terminated before performance is completed, the COUNTY
shall pay the CITY for work satisfactorily performed for which costs can be
substantiated.
5.6 Nothing herein shall be construed to create any third party beneficiary rights in
any person not a party to this Agreement.
5.7 The CITY shall utilize reasonable financial procedures, including adequate
supporting documents, to account for the use of money provided by the COUNTY. The
CITY shall retain all records relating to this Agreement for three (3) years after the final
payment is made.
5.8 The CITY and the COUNTY shall, during the performance of this Agreement,
comply with all applicable provisions of federal, state and local laws and regulations
pertaining to prohibited discrimination.
5.9 The CITY and COUNTY shall operate within strict conformity to all federal, state
and local laws and any rules and regulations adopted thereunder.
5.10 No act of omission or commission of either party, including without limitation, any
failure to exercise any right remedy, or recourse, shall be deemed to be a waiver,
release or modification of the same. Such a waiver, release, or modification is to be
effected only through a written modification to this Agreement.
5.11 This Agreement shall be governed by and be interpreted in accordance with the
laws of the State of Florida. Venue for state court actions shall be in Pinellas County.
Venue for federal actions shall be in the Middle District of Florida, Tampa Division.
5.12 The paragraph headings are inserted herein for convenience and reference only,
and in no way define, limit, or otherwise describe the scope or intent of any provisions
hereof.
SECTION 6
SEVERABILITY
Should any section or part of any section of this Agreement be rendered void, invalid, or
unenforceable by any court of law, for any reason, such a determination shall not render
void, invalid, or unenforceable any other section or any part of any section of this
Agreement.
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SECTION 7
OFFICIAL NOTICE
All notices, requests, demands, invoices or other communications hereunder shall be in
writing and shall be deemed to have been served as of the delivery date appearing upon
the return receipt if sent by certified mail, postage prepaid with return receipt requested,
at the address listed below, or upon the actual date of delivery, if hand delivered to the
address below. Either party may change the below-listed address at which it receives
written notices by providing notice of such change to the other party in accordance with
this paragraph.
COUNTY: Barbara A. Kuhl, C.P.M., Director of Financial Services and Contracts
Pinellas County Department of Public Works
440 Court Street
Clearwater, FL 33756-5139
CITY: Paul Bertels, Traffic Operations Manager
City of Clearwater Public Works Admin./Engineering
P.O. Box 4748
Clearwater, FL 33758-4748
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IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their
duly authorized officers, and their official seals hereto affixed, the day and year first above
written.
City of Clearwater, a municipal corporation
of the State of Florida
By:
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City Manager
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Name: William B. Horne II
ATTEST:
By-
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Name Cynthia E. Goudea
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A ROVED AS OR
Office of the City Attorney"
Camilo A. Soto, Assistant City ATtorney
Pinellas County, Florida, by and through its
Board of County Commissioners
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Chairman
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ATTEST: °.•»' ?''i5V ', Y .'1
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Ken Burke, Clerk of the CircA Oourt
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Deputy Clerk
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APPROVED AS TO FORM:
Office of the County Attorney
Countersigned:
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Frank V. Hibbard, Mayor
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