INTERLOCAL FOR MEMORIAL CAUSEWAY BRIDGE REPLACEMENT REC. 04/17/00 OR 10880 PG 502
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PINELMS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY,
SIJPERIOR 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
MEMORIAL CAUSEWAY BRIDGE REPLACEMENT
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AGREEMENT PREPARED BY
DEPARTMENT OF PUBLIC WORKS ADMINISTRATION
oo~o 7/ ~03
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I P INELLFlS COUNTY FLFI,
OFF,REC,8K 10880 PG 503
INTERLOCAL AGREEMENT
BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER
FOR MEMORIAL CAUSEWAY BRIDGE REPLACEMENT
THIS AGREEMENT, entered into on the
7
day of
of Florida,
2000, between PINELLAS COUNTY, a political subdivision of the
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
1969,11 and
WHEREAS, there exists a need for replacement of the existing bascule
bridge structure along Gulf-to-Bay Boulevard (SR 60) at the Intercoastal
Waterway; which is more particularly described as the Memorial Causeway East
Bridge with a high profile fixed bridge span structure to optimize traffic flow,
hereinafter referred to as the PROJECT, and
WHEREAS, the COUNTY has reviewed the PROJECT and confirms its value to
both the CITY and the COUNTY, and
WHEREAS, the CITY and the State of Florida s Department of Transportation,
hereinafter called the: DEPARTMENT have entered into a separate Joint
Participation Agreement to construct the PROJECT, and
WHEREAS, the COUNTY and the 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 $10,000,000.00 of funding to the CITY
to assist with the direct capital bridge construction expenditures of this
PROJECT.
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~ PIN~LLRS COUNTY FLR
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NOW THEREFORE, in consideration of the mutual promises herein contained,
it is hereby agreed by and between the parties as follows:
SECTION 1
INTENT OF AGREEMENT
The PROJECT is defined as the Design, Right-of-Way Acquisition, and
Construction of a new fixed span Memorial Causeway East Bridge. The estimated
total cost for this PROJECT is $39,900,000. The 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 $10,000,000.
SECTION 2
DEFINITION OF FISCAL YEAR
For the purposes of this Agreement all references to "Fiscal Year or Years"
shall refer to the DEPARTMENT'S Fiscal Year which begins July 1, and ends on June
30 of any year.
SECTION 3
COUNTY'S COMMITMENT
As a means of assisting the CITY to advance the PROJECT, together with the
intention of minimizing the CITY'S overall bond indebtedness toward same, the
COUNTY intends to provide the CITY with a grant totaling $10,000,000 of COUNTY
local option sales tax funding. This grant will be paid to the CITY in two (2)
separate installments of $5,000,000 each, over two consecutive fiscal years.
The COUNTY agrees to provide the first payment by June 30 of the Fiscal Year
prior to the fiscal year the Construction phase of the PROJECT is programmed to
commence in the DEPARTMENT'S Adopted Work Program, however, in no case is the
COUNTY obligated to provide funds earlier than October 1, 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.
SECTION 4
CITY'S COMMITMENT
4.1 PROJECT DESIGN
Since the PROJECT has probable impact to COUNTY property, the CITY agrees
to coordinate the PROJECT'S design effort directly with Mr. Carl Barron,
Director of the COUNTY'S Department of General Services, in order to
minimize damages to COUNTY property to the extent that such design changes
do not materially interfere with the construction of the bridge.
4 . 2 REQUEST FOR FUNDING
The CITY AGREES TO INITIATE TWO (2) requests for payment, in writing, to the
COUNTY at least forty-five (45) days prior the date of expected payment to
coincide with the installments outlined in Section 3.
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~NELLAS COUNTY rLA
<_~,REC ,SK 10SSO PG 505
4.3 INDEMNITY
The CITY covenants and agrees that it shall indemnify and hold the COUNTY
and its officers, agents and employees harmless from any claim, loss,
damage, cost, charge or expense arising from the PROJECT, whether direct or
indirect, and whether to any person or property for damage directly caused
or resulting from the negligence of the CITY or any of its officers or
employees. The CITY shall not be liable under this Section for damages
arising out of injury or damage to persons or property directly caused or
resul ting from the negligence of the COUNTY or any of its officers or
employees.
4.4 COST OF ADMINISTRATION
The CITY shall administer the PROJECT without cost to the COUNTY, other than
as stated in Section 3 above.
4 . 5 REFUND OF GRANT
If construction of the PROJECT does not begin within five (5) years of the
advance of funds from the COUNTY, the CITY will refund all advanced funds
from the COUNTY together with any interest earned on these proceeds. This
paragraph shall not apply if such delay is for any Act of God or other
reasons beyond the control of the CITY, in which case an extension of time
may be granted as an Amendment to this Agreement.
4.6 PARKING EXPANSION AND REDEVELOPMENT
1. The CITY incorporates, within the Memorial Causeway Bridge Replacement
Project the redesign, reconstruction, and funding for the redevelopment
of the parking lot south of the Courthouse impacted by the road
improvements. The CITY will put forth every effort to accomplish a
minimum of sixty (60) parking spaces with the specific design approval
by the COUNTY'S Director of the General Services Department.
2. The CITY incorporates, within the Memorial Causeway Bridge Replacement
Project the redesign, reconstruction, and funding for the redevelopment
of the parking lot west of the Courthouse impacted by the road
improvements. The CITY will put forth every effort to accomplish a
minimum of 131 parking spaces with the spe~ific design approval of the
COUNTY'S Director of the General Services Department.
3. The CITY acknowledges that there is nothing in the current Land
Development Code (LDC) impeding addition of another parking level to
the existing structure in the parking lot northwest of the Courthouse.
The CITY will commit to work with the COUNTY to maximize expansion of
this parking gaDage.
4. The CITY maintains, as part of the PROJECT and future consideration,
the intersections of Court Street and Oak Avenue, and Chestnut Street
and Oak Avenue as signalized intersections for the protection of
pedestrians needing access to the COUNTY'S Clearwater Campus.
5. The COUNTY will convey and/or exchange to the CITY all property required
for the right-of-way shown on the final PROJECT plans, and as may be
deemed necessary for the construction, following resolution of parking
and compensation issues.
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I F'INEI.I.AS
OFF ,REC,8K
SECTION 5
COUNTY FI.A
10880 F'G 50S
OFFICIAL NOTICE
All notices required by law and by this Agreement to be given by one (1) party
to the other shall be in writing and shall be sent to the following respective
addresses:
COUNTY:
Pinellas County Department of Public Works
Attn: Jerry C. Herron, Public Works Financial Manager
440 Court Street
Clearwater, FL 33756
Telephone: (727) 464-3251
CITY:
City of Clearwater
Attn: Mahshid D. Arasteh, P.E.
P.O. Box 4748
Clearwater, FL 33758-4748
Telephone: (727) 562-4750
SECTION 6
OWNERSHIP OF PROJECT
Upon completion of construction, the DEPARTMENT or the CITY 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 the granting of funds per this Agreement.
SECTION 7
AUDIT REQUIREMENTS
7.1 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 Agr~ement. 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.
7.2 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 work,
and until three (3) years after the date of final payment by the parties
pursuant to this Agreement.
7.3 The parties 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 parties agent or authorized
representati ve shall give the other party reasonable advance notice of
intended inspections, examinations, and/or audits.
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IINELLAS
OFF ,REC,8K
COUNTY FLA,
10880 PG 507
SECTION 8
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 9
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 supersede all previous communications, representations,
and/or agreement, whether written or verbal, between the parties hereto. This
Agreement may be modified only in writing executed by all parties.
SECTION 10
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 Board of County Commissioners
By: ~ 1-~
~ {/ Mayor
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By : ~ A...-.. JI'
zU:1-f City ~nager
ATTEST:
Ci ty Clerk
By:
(AL ,- Q#6
vice Chairman
ATTEST:
Karleen F. De Blaker, Clerk"
By: C '~[ JL O.
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APPROVED AS TO FORM:
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Office of City Attorney
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By:
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Office 0 County Attorney
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