TRAIL MAINTENANCE INTERLOCAL AGREEMENTTRAIL MAINTENANCE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND
THE CITY OF CLEARWATER
THIS TRAIL MAINTENANCE INTERLOCAL AGREEMENT (Agreement) is
entered into this % SI day of 4.eten y 2017, by and between Pinellas County, a
political subdivision of the State of Florida, hereinafter the "COUNTY", and the City of
Clearwater, a municipal corporation of the State of Florida, hereinafter the "CITY", and
collectively "Parties".
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 within its adopted Capital Improvement Programs
plans to construct the Pinellas Trail and intersection improvements from SR 590 at CR
535, hereinafter referred to as the "Project"; and
WHEREAS, the CITY supports the COUNTY in implementing the Pinellas Trail
through the CITY for the benefit of all citizens of and visitors to Pinellas County; and
WHEREAS, the COUNTY and the CITY desire to coordinate and cooperate in
their efforts for the construction and maintenance of the improvements.
NOW THEREFORE, the COUNTY and the CITY in consideration of the mutual
promises contained herein, and for other good and valuable consideration, receipt of
which is hereby acknowledged by all Parties, it is hereby agreed by and between the
Parties as follows:
1. The COUNTY will design, and construct a Multi -Use Trail Project as depicted on the
Construction Plans and Specifications of COUNTY PID No. 001020A, NE Coachman Road
at Old Coachman Road Intersection Improvements and COUNTY PID No. 002933A, Ream
Wilson/Pinellas Trail Improvements at Old Coachman Road, a portion of which is the subject
of this Agreement which is depicted on the attached Exhibit A as circle line -type described as
to be built by the COUNTY and maintained and replaced as necessary by the CITY, and more
specifically located on the west side of Old Coachman Road at the intersection of NE
Coachman Road (from approximately 130 feet south to approximately 530 feet north of
the intersection) and on the north side of NE Coachman Road (from Old Coachman Road
to approximately 167 feet to the east) and approximately 500 linear feet of trail approaching
and crossing over Alligator Creek, hereinafter referred to as the Project.
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TRAIL MAINTENANCE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND
THE CITY OF CLEARWATER
2. The COUNTY and the Florida Department of Transportation will fund the construction of
COUNTY PID No. 001020A, NE Coachman Road at Old Coachman Road Intersection
Improvements; and the COUNTY will fund and the CITY will provide partial funding in the
amount of $100,000 through a separate Interlocal Agreement for the design and construction
of a pedestrian bridge and Trail approaches over Alligator Creek as part of COUNTY PID No.
002933A, Ream Wilson/Pinellas Trail Improvements at Old Coachman Road.
3. The CITY, for purposes of construction, grants the use of the CITY's sidewalk and property
along CR 535, and all other CITY properties which are necessary for the construction of the
Project and agrees not to take any action, physical or otherwise, that interferes with the
construction of the Project.
4. During construction of the Project, the COUNTY reserves the right to make all final
engineering judgments and decisions necessary to insure timely completion of the construction
and avoid delays which could affect the construction schedule.
5. Within thirty (30) days after Final Completion in accordance with the COUNTY's contract
with the construction contractor, the COUNTY shall provide written notification to the CITY
that the Project is complete.
6. Upon receipt of the written notice of completion, the CITY agrees to assume operation of the
Project and further agrees to maintain the Project in perpetuity, according to the COUNTY
standards, which include, but are not limited to, the Americans with Disabilities Act, Design
Standards, and the Standard Specifications, as amended from time to time.
7. Maintenance by the CITY shall additionally include, but not be limited to: pavement,
sidewalk, vegetation, repair of slopes/erosion, removal of graffiti, gravity walls, railings,
bridges, signing, pavement markings, and all other features of the Project. The CITY shall
trim landscaping, mow, sweep, edge and provide weed control along the Project. The
CITY shall maintain all landscaping to COUNTY standards or higher and all irrigation
systems in good operational condition. The CITY shall maintain and repair the Project at
its sole cost and expense, in a good and workmanlike manner, and with reasonable care.
8. The CITY shall pay utility bills for lighting and irrigation associated with the Project.
9. The CITY shall conduct an annual inspection of the Project to ensure that any and all safety
deficiencies are addressed.
10. When the Project is at the end of its useful life, the CITY shall prioritize the Replacement
or Reconstruction of the Project as if it was a new project.
11. If at any time the CITY has not performed the maintenance responsibility on the Project in
accordance with this Agreement, the COUNTY shall notify the CITY of the deficiency with
a requirement that it be corrected within a specified time. If the CITY does not address the
deficiency, the COUNTY may perform the necessary maintenance at the CITY's sole cost
Page 2 of 6
TRAIL MAINTENANCE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND
THE CITY OF CLEARWATER
and expense, and send an invoice to the CITY, equal to the cost incurred by the COUNTY
for such maintenance. Any action taken by the COUNTY does not relieve any obligation of
the CITY under the terms and conditions of this Agreement.
12. This Agreement may be terminated under either of the following conditions: (a) by the
COUNTY, if the CITY fails to perform its duties under this Agreement, following ten (10)
days written notice; or (b) by the CITY at any time prior to the COUNTY's award of the
Construction Contract.
13. 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: Rahim Harji, P.E., Director, Public Works
Pinellas County Public Works
22211 U.S. Hwy 19 North, Bldg #1
Clearwater, FL 33756
CITY:
James (Jim) Halios
Parks, Planning & Projects Manager
City of Clearwater
100 South Myrtle Avenue
Clearwater, FL 33765-1945
E-mail: James.Halios@MyClearwater.com
14. This Agreement shall be binding upon the Parties, their successors, assigns and legal
representatives.
15. This Agreement shall be governed, interpreted, and constructed according to the laws of the
State of Florida.
16. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall remain in full force and effect,
provided that the part of this Agreement thus invalidated or declared unenforceable is not
material to the extended operation of this Agreement.
17. Both Parties acknowledge that the records relating to this Agreement and the carrying out of
the obligations hereunder are subject to the provisions of Florida Statutes, Chapter 119.
18. Both Parties agree to hold the other harmless as to their own acts of negligence. Liability for
the portions of the Project prior to construction remain unchanged. The COUNTY agrees
that during Construction, prior to the COUNTY providing notice of completion to the CITY,
the CITY shall not be liable for the acts of the COUNTY or the COUNTY's construction
contractor. After receipt of the written notice of completion, the CITY accepts liability for
the maintenance of the Project and agrees, to the fullest extent permitted by law, to indemnify
and defend the COUNTY from all claims arising from any alleged failure to maintain the
Page 3 of 6
TRAIL MAINTENANCE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND
THE CITY OF CLEARWATER
Project. This provision is not intended to serve as a waiver of Sovereign Immunity or to
authorize any third -party claims or litigation arising hereunder.
19. This Agreement may be modified at any time, in writing only, and upon approval and
execution by all Parties.
20. Fiscal Non -Funding: In the event that sufficient funds are not available for a subsequent
fiscal year, this Agreement shall terminate on the last day of the then current fiscal year
without penalty or expense to the COUNTY.
21. This document, including Exhibits hereto, embodies the whole 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.
22. Prior to its effectiveness, this Agreement and subsequent amendments thereto must be filed
with the Clerk of the Circuit Court of Pinellas COUNTY.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 4 of 6
TRAIL MAINTENANCE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND
THE CITY OF CLEARWATER
IN WITNESS WHEREOF, the parties hereto, governed by the laws of Florida, have caused
these presents to be executed by their duly authorized officers and their official seals hereto
affixed, the day and year first above written.
PINELLAS COUNTY, a political
subdivision of the State of Florida,
acting by and through its County Administrator
BY: ek&
Name: Mark S. Woodard
Title: County Administrator
APPROVED AS TO FORM
OFFICE OF COUNTY ATTORNEY
By 3.-t+c6:-: -4-cktc.rn
Page 5 of 6
City Signature Page
Trail Maintenance Interlocal Agreement
Between Pinellas County and the City of Clearwater
Countersigned:
—Ct2or%R n CrC -FOS
George N. Cretekos
Mayor
Approved as to form:
Matthew M. S
Assistant City
h
orney
CITY OF CLEARWATER, FLORIDA
BY: ki:J'1.0.,L4.8.4L0,-.
Attest:
William B. Horne, II
City Manager
Rosemarie Call
City Clerk
Page 6 of 6
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002933A
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BRIDGE —
DUKE ENERGY TRAIL
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PROPOSED RECONSTRUCTED TRAIL TO BE BUILT B INELLAS COUNTY & BE MAINTAINED & REPLACED AS NECESSARY BY CLEARWATER
▪ TRAIL MAINTAINED BY CLEARWATER
TRAIL MAINTAINED BY COUNTY
• ■ ■ ■ PROPOSED TRAIL TO BE MAINTAINED BY COUNTY
TRAIL IN FDOT R/W & MAINTAINED BY CLEARWATER
■ ■ • • PROPOSED NEW TRAIL TO BE BUILT BY PINELLAS COSINTY Sc BE MAINJAINED Sc REPLACED AS NECESSARY BY CLEARWATER
REV. NO
DATE
DESCRIPTION
REV. BY
PROJECT:
MAINTENANCE AGREEMENT
FOR TRAIL
DESCRIPTION:
LOCATION MAP 1
PUBLIC WORKS
14 S. FT. HARRISON AVE.,
CLEARWATER, FL 33756
EXHIBIT A