AGREEMENT RE RES 95-70 SAND KEY BURIED UTILITIES ASSESSMENT
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PINELUS COUNTY GOVERNMENT IS COMMIITED 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 TODA Y AND TOMORROW
INTERGOVERNMENTAL
AGREEMENT
BETWEEN
PINELLAS COUNTY
AND THE
CITY OF CLEARWATER
TO
PROVIDE FUNDING
FOR
BRIDGE IMPROVEMENTS
AGREEMENT PREPARED BY
DEPARTMENT OF PUBLIC WORKS ENGINEERING DEPARTMENT
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ILC ._WID
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THIS AGREEMENT, 'entered Into pursuant to Section 163.01, Florida .JaMes, this day of
. 1997, by and between Pinellas County, Florida, a political subdivision and a chartered
county of the State of Florida, hereinafter called the "COUNTY", and the City of ClcarwalCr, a municipal
corporation of the State of Florida, hereinafter called the "CITY",
WITNESSETH, that;
WHEREAS, the CITY has presented to the COUNTY the need for replacing the existing bascule bridge structure along
State Road 60 at the Intercoastal Waterway, which is more particularly described as the Memorial Causeway
East Bridge; with a high profile fIXed span bridge sll\lcturc to optimize traffic flow, hereinafter called the
PROJECT;
WHEREAS, the COUNTY has reviewed the PROJECT and confirms itualue to both the CITY and the COUNTY;
and
WHEREAS, the' CITY and the State of Florida's Department of Transportation, hereinallcr _called the
"DEPARTMENT' have entered into a sep8J1lte Joint Participation AgJeCment, to construct the PROJECT; and
WHEREAS, the CITY intends to provide advance funding to the DEPARTMENT for the construction of the
PROJECT; and
WHEREAS, the COUNTY and CITY agree that a high profile fIXed span bridge will act as a signature piece as the
entrance to Clearwater Beach and the Downtown Business District; and '
WHEREAS, the COUNTY intends to grant $10,000,000 of funding to the CITY to assist with the direct capita] bridge
construction expenditures of this PROJECT.
NOW, THEREFORE, in consideration of the mutua] promises herein contained, it is hereby agreed by and between
the parties as follows:
SECfION I
INTENT OF AGREEMENT
lbe PROJECT is defined as the Design, Right-<>f-Way Acquisition, and Construction ofa new fixed span Memorial
Causeway East Bridge. lbe estimated totaI cost for this PROJECT is $39,900,000. lbe intention of this Agreement is
to provide for COUNTY participation in funding assistance to the CITY for this effort, in an amount not to exceed
$]0,000,000.
SECfION Z
BACKGROUND
lbe CITY wishes to expedite the PROJECT in advance of the DEPARTMENT's Schedu]ed Work Program. To
facilitate this advancement, the CITY will initiate the funds and manage the PROJECf's design phase, to begin no later
than the Fourth QuarterofFiscallml98.
Under terms set forth under a separalC Joint Participation Agreement entered into between the DEPARTMENT and the
CITY; the DEPARTMENT will manage the construction phase of the PROJECT. lbe CITY has agreed to provide the
DEPARTMENT with $36,900,000 of advance funding; or the portion thereof, necessal)' 10 cany out each of the
programmed phases as shown in the DEPARTMENT's Adopted Worlc Program. lbese phases include Right-<>f-Way
Acquisition, Construction and CEI. The CITY bas agreed to provide payment to the DEPARTMENT of these advance
funds by June 30 prior to the fiscal year in which each phase is to begin as programmed in the DEPARTMENT's
Adopted Work Program. lbe DEPARTMENT will ultimate]y reimburse the CITY with up to $13,000,000 for this
PROJECT as set forth in the terms of their separate Agreement
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SECfION 3
DEFINITION OF FISCAL YEAR
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For the purposes of this Agreement, all references to "Fiscal Year or Years" shall refer to the DEPARTMENT's Fiscal
Year, which begins July I and ends on June 30 of any year.
SECfION 4
COUNTY'S COMMITMENT
As a means of assisting with CllY to advance the PROJECT; together with the intention of minimizing the CllY's
overall bond indebtedness toward same, the COUNtY intends to provide the CllY with a grant totalling SIO,ooo,ooo,
of County local option sales tax funding. See Exhibit " A", attached hereto and incorporated by reference. This grant
will be paid to the CllY in two (2) separate installments ofS5,OOO,Ooo each, over two (2) consecutive fiscal years.
The COUNlY agrees to provide the rust payment by June 30 of the Fiscal Year. prior to year the Constroction phase
of the project is programmed to commence in the DEPARTMENT's Adopted Work Program, bowever, in no case is the
COUNlY obligated to provide funds earlier than October I, 2000. The second payment will be made by June 30 of the
subsequent year. Actual payments are subject to fiscal funding by the Board of County Commissioners in those budgeted
years.
SECfION 5
CITY'S COMMITMENT
5.1 PROJECT DESIGN
Since the PROJECT has probable impaclto COUNlY property, the cm agrees to coordinate the PROJECT's
design effort directly with Mr. Carl Barron, Director of the COUNlY's Department of General Services, in
order to minimize damages to COUNtY property to the extent thal such design changes do not materially
interfere with the construction of the bridge.
5.2 REQUEST FOR FUNDING
The CllY agrees to initialetwo requests for payment, in writing, to the COUNTY alleast forty-five (45) days
prior the dale of expected payment need for funds, to coincide with the installments outlined in Section 4.
5.3 INDEMNITY
The CITY covenants and agrees that it shall indemnify and hold the COUNTY and its officers, agents and
employees hannless from any claim, loss, damage, cost, charge or expense arising from !be PROJECT, whether
direct or indirect, and whether to any person or property for damage directly caused or resulting from the
negligence of the cm or any of its officers or employees, The cm shall not be liable under this Section for
damages arising out of injwy or damage to persons or property directly caused or resulting from the negligence
of the COUNTY or any of it officers or employees.
5.4 COST OF ADMlNISlRATION
The CllY sba1I administer the project without cost to the COUNlY, other than as stated in Section 4 above.
5.5 REFUND OF GRANT
If constroction of PROJECT does not begin within five (5) years of the advance of funds from the COUNTY"
the CllY will refund all advanced funds from the COUNTY together with any interest earned on these
proceeds. This paragraph sba1I not apply if such delay is for any Act of God or other reasons beyond !be control
of the CllY, in which case an extension of time may be granted as an Amendment to this Agreement
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SECfION 6
OFFICIAL NOTICE
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All notices required by law and by this Agreement to be given by one party to the other shall be in writing and shall be
sent to the following respective addresses:
As to City:
City of Clearwater Engineering Services
P.O. Box 4748
Clearwater, FL 33758-4748
Attn: Mr.Richard E. Baier, P.E
Tel: (813) 562-4747
As to County:
Pinellas County Depar1ment of Public Works
315 Court Street
Clearwater, FL 33756
AllII: Mr. Tom Murren, Engineering Specialist
Tel: (813) 464-458S
SECfION 7
OWNERSHIP OF PROJECf
Upon completion of construction, the DEPARTMENT or the CI1Y shall retain ownership and remain in control of the
improved facility and shall be responsible for all future maintenance of the facility. The COUNTY will have no
obligation beyond grant.
SECfION 8
AUDIT REQUIREMENTS
8.1 Both parties records shall be open to inspection and subject to examination, audit, and/or reproduction during
nonnal wnrking hours by eilher parties agents or authorized representative to the extent necessary to adequately
pennit 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 neceswy tn substantiate charges related to this Agreement.
They shall also include, hut not be limited to, those records necessary to evaluate and verify direct and indirect
costs, including overhead allocations as Ihey may apply to costs associated wilh Ihis Agreement.
8.2 For the pwpose 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
worlc, and until three (3) years after Ihe date offmal payment by the parties pursuant to this Agreement.
8.3 The parties agent or authorized representative shall have access to all facilities and all necessary records in
order to cooduct audits in compliance with this Section. The parties agent or authorized representative shall
give the other party reasonable advance notice of intended inspections, examinations, and/or audits.
SECfION 9
TERMINATION OF AGREEMENT
This Agreement may be tenninated by either party upon thirty (30) days written notice to the other party should either
party fail substantially to penonn in accordanCe with the tenns of this Agreement through no fault of the other party.
SECfION 10
ENTIRE AGREEMENT
This document embodies the whole agreement of the parties. There are no promises, tenos, conditions, or allegations
other than those contained herein and this document shall supenede all previous communications, representations, and/or
agreement, wbether written or vetbal, between the parties hereto. This agreement may be modified only in writing
executed by all parties.
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This Ag~menl;shall be bindint. Jon the parties, their successors, assigns and Ie. l-epresenlatives.
SECTION II
EFFECTIVE DATE
This Agreement shalllalke effect thirty (30) days after filing with the Clerk of the Circuit Court, as required by Section
163,01(11), Florida Slatutes.
IN WITNESS WHEREOF,the undersigned have hereunto affixed their hands and seals as of the day and year first
above wrillen.
CITY OF CLEARWATER
a mun ic al corporation of the Slate of Florida
PINELLAS COUNTY, a political subdivision of the
Slale of Florida
By:
By:
Michael J. Roberto, City Manager
Chainnan
COUNTERSIGNED:
A TrEST:
KARLEEN F. DEBLAKER, CLERK
By:
By:
Deputy Clerk
APPROVED AS TO FORM:
ATrEST:
By:
By:
Office of County Attorney
APPROVED AS TO FORM:
BY~'
John Caressas, Assistant City AlIomey
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Exhibit "A"
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Penny for Pineltas
Page 1
Proposed Extension - Final Version
Revised March lJ. 1997
Arterial Roads
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SR060 .. Memorial Cswy Mandalay Blvd Loop Rd D4 New 510,000,000 -
Bridge
SR 611 Ulmerton Rd \l3IhStN US 19 D4 D6 14,000,000 4.45
I Park SII Slarkey Rd Tyrone Blvd EBayllr D4 D6 21,780,000 7,63
131 220d Ave S 58th 51 N l4IhSIN U4 D4 8,085,000 2,00
202 54th Ave N 49th SIN HainesRd U4 D4 6,614,000 1.90
216 620d Ave N Park 51 58th StN U2 02 5,202,000 2.40
233 Oakhurst Rd Park Blvd 1000d Ave N U2 02 1,910,000 1.60
2)3 Oakhurst Rd IlndiBn Rocks Rd 102m! Ave N WB.yllr U2 D4 17,081,000 3.80
296 1020d Ave N Oakhurst Rd 1I3thStN U2 D4 6,949,000 2.25
296 Bryan Dairy Rd Starkey Rd 66th St N D4 D6 9,385,000 2.04
321 Illth SIN 86th Ave N U1metlDn Rd D4 D6 8,803,000 3.01
375 Highland Ave EBayllr Pruid Rd U2 02 8,854,000 2.78
416 BelleairCswy GulCBlviI Indian RDc:b Rd U2 02 25.000,000 1.66
425 Hercules Ave Sunset Poinl Rd Vugini. Ave U2 D2 1,653,000 1,00
432 Mehlenbacltcr Rd lndiBn IlDcks Rd CJcanma Lars U2 02 1,621,000 1.00
SOl Belcher Rd 38thAveN S41h Ave N U2 D2 5,180,000 1.00
501 Belcher Rd SR60 NE Coadunan U4 D4 3,255,000 .80
501 Belcher Rd Alderman Rd Klosterman Rd - , D4 14,777,000 2.05
576 Sunset Point Rd US 19A Keene Rd U2 D2 2,386,000 1.98
511 58th SIN 381h Ave N S4thAveN U2 D4 3,780,000 1.00
581 58thStN S4ChAYeN 70lhAYeN U2 02 633,000 1.00
582 Keystone Rd 1lS19 East Lake Rd U2 D4 14,205,000 3.00
582 Keystone Rd East Lake Rd IIills1>on>u&b Co Une U2 D2 4,400,000 2.81
667 Forest Lakes Blvd SR SIO FJW Coonedor Rd U2 D6 6,648,000 2.05
681 28th SIN 38111 AYe N 62ndAYeN U2 D4 9,343,000 1.50
694 Park Blvd \13th 51 N ScmiDole Blvd D4 D6 3,565,000 .55
TOTAL
5215,199,000
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