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INTERLOCAL AGREEMENT FOR MAINTENANCE OF REGULATORY ZONE SIGNAGE "~- ! PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER FOR MAINTENANCE OF REGULATORY ZONE SIGNAGE AGREEMENT PREPARED BY DEPARTMENT OF PUBLIC WORKS ADMINISTRATION TABLE OF CONTENTS SECTION PAGE 1 INTENT OF AGREEMENT.. ..... ............. .... ................. ............ ......... ..... ................ ..... ....... ......... 1 2 SERViCES................ .............. .............. ......... ............ ........ ........ ............................. ... ........... .... 2 3 OFFICIAL NOTICE. .., ... ........ ...................... .......... ...... ........ ...... ...... .............. ........ .... ..... .... ........ 2 4 AUDIT REQUIREMENTS ......... ....... .................. ....... ....................................................... .......... 2 5 TERMINATION OF AGREEMENT ............................................................................................ 3 6 ENTIRE AGREEMENT................. ........... ... .... ............ ...... .......................... ..... ........ ......... ... ...... 3 7 AGREEMENT TERM..... ...... ............................ .............. ............... ..........."................ ....... ......... 3 8 FISCAL FUNDING... .............. ..... ................. ........ .... ...... ............ ...... ................... ....... ....... ..... .... 3 9 EFFECTIVE DATE.. ..... ...... ..... ............................ ............ ........ ........ ............................ ..... ......... 4 SECTION 1 INTENT OF INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER FOR MAINTENANCE OF REGULATORY ZONE SIGNAGE THIS AGREEMENT, entered into on the _ day of 2002, between the BOARD OF COUNTY COMMISSIONERS of Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, That: WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," and WHEREAS, the COUNTY and the CITY need maintenance of the existing regulatory signage delineating various boating regulatory zones within the CITY, and WHEREAS, the CITY has made a proposal to the COUNTY and is willing to provide such maintenance services, and WHEREAS, the COUNTY has reviewed the proposal for maintenance of said signage by the CITY and confirms its value to both the COUNTY and the CITY, and WHEREAS, the COUNTY desires to contract with the CITY to provide maintenance of the regulatory signs, and WHEREAS, the COUNTY receives from the State of Florida "Grant" funds derived from boat registration fees, said "Grant" funds to be utilized for enhancing boat activities. NOW THEREFORE, the COUNTY and the CITY OF CLEARWATER in consideration of the mutual covenants hereinafter set forth, agree as follows: g:\users\engza13\documents\agrmts\interloc\ Page 1 of 4 maintenanceregulatoryzonesignagecityofclearwater.doc Q4-29-2002lJBT SECTION 2 SERVICES TO BE PROVIDED BY THE CITY 2.1 The CITY shall provide the replacement signs within navigational zones of previously approved areas in the CITY. Maintenance services shall be. related to the following events: 1. The CITY shall replace any destroyed or damaged regulatory signs and/or piles, previously placed by the COUNTY or the CITY that designate a regularly established boating zone with the CITY for a cost of three hundred and 00/100 dollars ($300.00) per sign, and thirty and 00/100 dollars ($30.00) per linear foot per pile. 2. The COUNTY will not reimburse for the installation of aids to navigation (day markers). 3. The COUNTY will not reimburse for the replacement/installation of signs that are not within a regulatory zone established by ordinance by the CITY. 4. The COUNTY shall pay the CITY, upon receipt of an invoice enumerating precisely, which sign and its location was replaced. Payments shall be in accordance with the Florida Prompt Payment Act. 5. This Agreement provides for reimbursement by the COUNTY of up to twenty-four thousand and 00/100 dollars ($24,000.00) per fiscal year to the CITY. SECTION 3 OFFICIAL NOTICE COUNTY Pinellas County Department of Public Works Attn: James B. Terry, Coastal Coordinator 440 Court Street Clearwater, FL 33756 (727) 464-3251 CITY City of Clearwater Attn: Bill Morris, Harbor Master 25 Causeway Boulevard Clearwater, FL 33767 (727) 467-6954 SECTION 4 AUDIT REQUIREMENTS 4.1 Both parties records shall be open to inspection and subject to examination, audit, and/or reproduction during normal working hours by either parties agents or authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted pursuant to the execution of this Agreement These records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement They shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, including overhead allocations as they may apply to costs associated with this Agreement. 4.2 For the purpose of such audits, inspections, examinations and evaluations, the parties agent or authorized representative shall have access to said records from the effective date of the agreement for the duration of the work, and until three (3) years after the date of final payment by the parties pursuant to this Agreement. g:\users\engza13\documents\agnnts\interloc\ Page 2 of 4 maintenanceregulatoryzonesignagecityofclearwater.doc 04-29-2002lJBT 4.3 The party's agent or authorized representative shall have access to all facilities and all necessary records in order to conduct audits in compliance with this Section. The party's agent or authorized representative shall give the other party reasonable advance notice of intended inspections, examinations, and/or audits. SECTION 5 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice to the other party should either party fail substantially to perform in accordance with the terms of this Agreement through no fault of the other party. SECTION 6 ENTIRE AGREEMENT This document embodies the whole agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supercede 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. SECTION 7 AGREEMENT TERM This Agreement shall remain in effect for a period of two (2) years beginning October 1, 2002 and ending September 30, 2004, unless renewed by mutual agreement of both parties for an additional two (2) years, with unit costs of signs and piles subject to inflationary adjustments, or terminated under other provisions of this Agreement. SECTION 8 FISCAL FUNDING The parties recognize and accept the funding restrictions as set forth in Section 129.07, Florida Statutes (1995), which may affect the COUNTY'S obligations hereunder, which states lilt is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each funds budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded, except as provided in Section 129.06 and any indebtedness contracted for any purpose against either of the funds enumerated in this Chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any Court in this state for the collection of same, and the members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said Boards also shall be liable for the excess indebtedness so contracted for." g:\users\engza13\documents\agrmts\interloc\ Page 3 of 4 maintenanceregulatoryzonesignagecityofclearwater.doc 04-29-2002lJBT SECTION 9 " .. . EFFECTIVE DATE This Agreement shall take effect thirty (30) days after filing with the Clerk of the Circuit Court, as required by Section 163.01 (11), Florida Statutes. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as the day and year first above written. CITY OF CLEARWATER, by and through its City Commission PINELLAS COUNTY, by and through its County Administrator By: Mayor By: Stephen M. Spratt, County Administrator ATTEST: Cynthia E. Goudeau, City Clerk ATTEST: By: By: (Attesting Witness' name/signature) APPROVED AS TO FORM AND CONTENT: APPROVED AS TO FORM: By: By: Office of County Attorney Office of City Attorney g:\users\engza13\documents\agrmts\interloc\ Page 4 of 4 maintenanceregulatoryzonesignagecityofclearwater.doc 04-29-2002lJBT