INTERLOCAL MAINTENANCE AGREEMENT TO INSTALL AND MAINTAIN MARQUE SIGN FOR DUKE ENERGY TRAIL BRIDGE OVER US HWY 19 BRIDGE #159018PINELLAS 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
COUNTY COMMISSIONEDOARD OF
RS
INTERLOCAL MAINTENANCE AGREEMENT
BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER
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TO
INSTALL AND MAINTAIN MARQUE SIGN
FOR
DUKE ENERGY TRAIL BRIDGE OVER US HWY 19
BRIDGE #159018
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SECTION 1
INTENT OF AGREEMENT
THIS AGREEMENT, made and entered into on the day of
20 by and between Pinellas County, a political subdivision of the State of Florida,
hereinafter called the "COUNTY", and the City of Clearwater, a municipal corporation of
the State of Florida, hereinafter called the "CITY".
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 CITY and COUNTY desire to provide the best and most efficient
service possible to all of its respective citizens relative to maintenance of bridges, and
WHEREAS, the Duke Energy Trail Bridge over US Highway 19, also known
as Bridge #159018 (hereinafter "BRIDGE") is fully contained within the municipal limits
of the CITY and provides direct service to citizens of the CITY, and
WHEREAS, the CITY now desires to install City Marque Sign on the BRIDGE
and assume full maintenance responsibility of the fence/cage only as it pertains to the
sign location and its effect on the cage and its connections to the BRIDGE deck (the
"PROJECT"), in accordance with the limits shown on Exhibit A which is attached hereto
and incorporated herein, and
WHEREAS, the CITY will be responsible for all aspects of the PROJECT, and
WHEREAS, the COUNTY and the CITY are authorized under Section 335.0415,
Florida Statutes, 1995, to enter into agreements with other governmental entities, to
provide for the transfer of maintenance responsibilities of public roads and facilities; and
WHEREAS, the CITY will provide all funding for and/or perform the various
improvements and maintenance.
NOW THEREFORE, in consideration of the covenants and agreements hereafter
contained, it is mutually agreed by and between the parties hereto as follows:
SECTION 2
RESPONSIBILITIES OF THE PARTIES
2.1 The COUNTY agrees to allow the CITY to install a marque sign on the BRIDGE.
2.2 The COUNTY hereby transfers full maintenance responsibilities and relinquishes
all jurisdictional authority and liability for the PROJECT.
2.3 CITY will maintain and accept responsibility for all signage, fencing, fence posts,
pedestals, bolts, electrical conduit, lighting, any meters, wires, and concrete
where the pedestals are attached to the BRIDGE in the area depicted on Exhibit
A. Any cleaning, painting, rust protection, and concrete repairs within the
PROJECT limits depicted on Exhibit A are responsibility of the CITY.
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2.4 CITY shall be responsible for payment of electricity to power company.
2.5 The CITY agrees that it shall fulfill its maintenance responsibilities in a manner so
as not to harm any aspect of the BRIDGE.
2.6 The CITY will be responsible for all aspects of the PROJECT.
2.7 Upon completion of the PROJECT, the CITY shall be responsible for ongoing
maintenance as described above as part of its operating and maintenance
activities. COUNTY will include the Marque Sign in scope of the periodic bridge
inspection efforts and distribute reports to the CITY for consideration.
2.8 The COUNTY and the CITY shall be fully responsible for their own acts of
negligence and their respective agents' acts of negligence, when such agents
are acting with in the scope of their employment; and shall be liable for any
damages resulting from said negligence to the extent permitted by Section
768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by either the COUNTY or the CITY. Nothing herein shall be
construed as consent by the COUNTY or CITY to be sued by third parties in any
matter arising out of this Agreement. The CITY agrees to indemnify and pay the
costs of defense should the COUNTY be sued for the CITY's installation,
maintenance, and operation of the PROJECT, however the CITY is not liable for
the COUNTY's sole negligence.
SECTION 3
AGREEMENT OF TERMS, FILING, EFFECTIVE DATE AND TERMINATION
3.1 This Agreement contains the entire 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. This
Agreement may be modified only in writing executed by all parties. This
Agreement shall be binding upon the parties, their successors, assigns and legal
representatives.
3.2 As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed
with the Clerk of the Circuit Court of Pinellas County after execution by the
parties, and shall be effective upon filing.
3.3 This Agreement shall take effect immediately upon filing with the Clerk of the
Circuit Court and shall continue in full force and effect unless and until
terminated, in writing, by mutual agreement of both the CITY and the COUNTY.
3.4 This Agreement may be terminated by the COUNTY upon sixty (60) days written
notice otherwise it will terminate upon replacement of the bridge.
3.5 If the Agreement is terminated before replacement of the BRIDGE the CITY will
remove all project installations and return the BRIDGE to the original condition.
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3.6 Replacement of the BRIDGE remains the responsibility of the COUNTY. If the
CITY desires a sign on the replacement bridge, a new agreement must be
executed.
SECTION 4
MISCELLANEOUS PROVISIONS
4.1 Any amendment to or modification of the Agreement or any alteration, extension,
supplement or change of time or scope of the work shall be in writing and signed
by both parties.
4.2 If any word, clause, sentence or paragraph of the Agreement is held invalid, the
remainder of this Agreement shall remain valid and binding on both Parties.
4.3 This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
4.4 Nothing herein shall be construed to create any third party beneficiary rights in
any person not a party to this Agreement.
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SECTION 5
OFFICIAL NOTICE
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed
by their duly authorized officers, and their official seals hereto affixed, the day and year
first above written.
CITY OF CLEARWATER PINELLAS COUNTY
A municipal corporation of the State of A political subdivision of the State of Florida
Florida
By:
�,, , 4-11
By:
Jon Jennings, City Manager
COUNTERSIGN:
By: '
754%/
/14246(
Frank Hibbard, Mayor
ATTEST:
Barry A. Burton, County Administrator
WITNESS:
By:
Rosemarie Call, City Clerk
APPROVED AS TO FORM:
By:
APPROVED AS TO FORM:
By:
Laura Mahony, Senior AssistaCity Jewel White, County Attorney
Attorney
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