CONSTRUCTION OF ARTIFICIAL FISHING REEF AT PIER 60
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INTERGOVERNMENTAL CONTRAC :1
BETWEEN
PINELLAS COUNTY
AND THE
CITY OF CLEARWATER, FLORIDA
THIS CONTRACT is hereby made and entered into this ~
day oS~ . 1986, by and between PINELLAS COUNTY, FLORIDA,
hereinafter referred to as the COUNTY, and the CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as the CITY.
WITNESSETH'
WHEREAS, the CITY has secured all permits necessary for the construction
of an artificial fishing reef at the city-owned Big Pier 60, located in the
Gulf of Mexico at Clearwater Beach; and
WHEREAS, the city has received a construction grant from the Florida
Department of Natural Resources whereunder work performed by employees of the
Ci ty. or the use of IDa terials or equipment of the Ci ty are not eligible
expenditure items.
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WHEREAS, the COUNTY is willing to transport and place concrete reef-
building 'materials consisting of pipe, piles, slabs and similar materials
approved by the CITY, on the reef site, utilizing a county-owned self
propelled barge; and
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WHEREAS, ,the CITY is willing to reimburse the COUNTY for the cost of
transporting said materials under a reef construction grant provided by the
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Florida Department of Natural Resources;
NOW, THEREFORE, in consideration of the mutual obligations, agreements
and undertakings contained herein, the parties covenant and agree as follows:
1. The term of this Contract shall be from March 1, 1986 to December
31,1986.
2. The COUNTY agrees to load reef building materials at the County
Artificial Reef staging area located at Sand Key Park, Clearwater, Florida, to
and to emplace said materials on the reef site at locations to be designated
transport said materials via county-owned barge to the Big Pier 60 reef site,
by the CITY.
3~ The CITY and the COUNTY agree that materials will be transported
under this Contract at such times that will not interfere with the normal
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operation of the county barge only when sufficient reef building materials are
available to constitute a barge load equivalent to that normally carried by the
county-owned barge when engaged in construction of county offshore reefs.
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The City's Harbormaster shall be informedt in advancet of the date and time
each barge load is to be transported under this Contract.
4. The CITY agrees to pay the COUNTY the sum of two hundred dollars
($200.00) per hour during each and every hour the county barge is engaged in
loadingt,' transporting and off-loading materials at the reef site and in
returning to the reef staging area.
Payments will be made monthlYt upon submission by the COUNTY of an invoice
substantiating total transportation hours. The total sum to be paid to the
COUNTY by the CITY shall not exceed twenty thousand dollars ($20,000.00).
5. The City covenants and agrees that it will indemnify, hold harmless
the County and all of the County's officers, agents and emmployees from any
claint losst damaget costt charge or expense rising out of any actt action,
neglect or omissiort by the City during the performance of this Contractt
whether direct or indirectt and whether to any person or property to which the
County or said parties may be subject except that neither the City nor any of
its subcontractors will be liable under this section for damages arising out
of injury or damage to persons or property directly caused or resulting from
the sole negligence of the County or any of its officerst agents or employees. *
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6. In the event sufficient budgeted funds are unavailable for the
period subsequent to the expiration of the current fiscal year, September 30,
1986t the County shall notify the City of such occurrence and the Contract
shall be deemed to terminate on the last day of the current fiscal year
without penalty or expense to the County.
7. The City represents" and warrants that it has the legal authority and
necessary permits to perform the work which is the subject of this Contract.
8. The duties and obligations of the COUNTY under this Contract shall
not be assigned.
9. This Contract may be terminated by eith~I'party upo.nthegivlng of
thirty (30) days advance written notice to the other party. Provided,
howevert that the termination of this Contract shall not release the CITY of
any obligationst and/or responsibilities that may have occurred and/or accrued
prior to said termination.
* T~is paragraph 5 shall not be construed to provide that either party may be held
. l\_ l~able to any person not a party to this contract to any extent greater than the
~ limits of liability set forth in Section 768.28, Florida Statutes, and neither
party waives any defenses it may have under that Section against claims from such
persons. The City agrees to control access to the pier and adJacent_~ach areas
while the County-owned barge is working at the reef. ~~~ ~ ~~G
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10. The City'~ Harbormaster is designated as the City's Official in
charge of the reef c~struction project. il
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
properly executed and attested to by their respective authorized officia
allan the day and year first ahove written. ~
ATTEST: ~ARL.EEN F. De BLAI<!:R, CLERK
By: --.,;.b '-I:: /~m_.n__________FOR PINELLAS COUNTY: Chalrman
ATTEST: Dcpllty Clerk
ATTEST:
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, Cit! Clerk
APPROVED AS T
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OFFICE OF COUNTY {\llUrWEY
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Attorney
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By
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