HomeMy WebLinkAboutSeminole County Interlocal Maintenance of Landscaping 2004 CERT.SEMINOLE COUNTY AND CITY OF WINTER SPRINGS
INTERLOCAL AGREEMENT FOR
.MAINTENANCE OF LANDSCAPING, HARDSCAPING, AND STREETLIGHTING
(SR 434 ACCESS MANAGEMENT PROGRAM)
THIS INTERLOCAL AGREEMENT ( "Agreement") is made and entered into this
day of IA _, 2004, by and between SEMINOLE COUNTY, a political subdivision of
the State of Florida, whose address is Seminole County Services Building, 1101 East First
Street, Sanford, Florida 32771, hereinafter referred to as the "COUNTY ", and the CITY OF
WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road
434, Winter Springs, Florida 32708, - hereinafter referred to as the "CITY ".
WITNESSETH:
WHEREAS, the COUNTY has entered into a Local Agency.Program Agreement with the
State of .Florida, Department of Transportation ( "FDOT "), a copy of which is attached hereto
and incorporated herein by this reference (the "LAP Agreement "), to design and construct
access management improvements to State Road 434 from US 17 -92 to State Road 419'(the
"Project"); and
WHEREAS, part of the Project involves coordination with the CITY regarding
landscaping in the right of way; and
WHEREAS, the landscaping, once installed, will require maintenance; and
WHEREAS, the Project also includes installation of lighting fixtures along the roadway,
which fixtures, once installed, will also require maintenance; and
WHEREAS, the Project also includes installation of hardscape features including
stamped asphalt, which improvements, once installed, will also require maintenance; and
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SWOLE UN TY; OR A
BY
D UTY CLERK
WHEREAS, the CITY has agreed to. perform the required maintenance. of the
landscaping, hardscaping and lighting fixtures; and
WHEREAS, the parties have previously entered into_ that certain interlocal agreement
regarding administration of the CITY's share of the voter approved local option sales surtax
dated February 12, 2002 (the "2002 Sales Tax Interlocal "); and
WHEREAS, the CITY has agreed to use a portion of the.proceeds of the voter approved
local option sales surtax allocated to the CITY for CITY Transportation Improvement Projects to
fund the construction of the Project; and
WHEREAS, the parties wish to amend the 2002 Sales Tax Interlocal accordingly; and
WHEREAS, this Agreement provides a public benefit, furthers a public purpose, serves
the public interest and is consistent with the provisions of Chapters 125, 163 and 166, Florida
Statutes, and other_ applicable law.
NOW, THEREFORE, in consideration of the premises and the promises, covenants,
agreements and commitments contained herein and other good and valuable consideration, the
receipt, adequacy and sufficiency 'of which are hereby acknowledged as to both parties, the
parties agree as follows.
Section 1. Recitals. The foregoing recitals are true and correct and form a material
part of this Agreement upon which the parties have relied.
Section 2. Tenn. This Agreement shall become effective upon approval by the
governing bodies of the COUNTY and the CITY and shall remain in effect for an initial term of
four (4) years and thereafter until terminated in accordance with Section 7 hereof.
Section 3. COUNTY's .Duties. The COUNTY's obligations under this agreement
consist of completion of the design and construction of the Project in accordance with the LAP
Agreement, MOT requirements and the landscaping plans. prepared by TEI Engineers. and
Planners, Inc. and dated September 22, 2003, which by this reference are incorporated herein.
The COUNTY has no other obligations to the CITY. This agreement is not intended to create
any third party rights in the CITY regarding agreements mentioned herein to which the CITY is
not a party.
Section 4. CITY's Duties. In addition Wall other covenants, obligations, duties and
responsibilities set forth herein, during the course of this Agreement. the CITY shall, at its
expense and . in accordance with Exhibit "L" of the LAP Agreement, maintain all landscaping
planted . as part of the Project. CITY may use its own forces or a contractor to perform the
required landscape maintenance. In addition, the CITY shall, at its expense and in accordance
with Exhibit "RL' of the LAP Agreement, perform maintenance upon the lighting fixtures
installed as part of the Project.
Section 5. The LAP Agreement. The CITY shall, at all times, perform its services in
strict accordance with the terms and conditions of the LAP Agreement. All obligations of the
COUNTY running to MOT under the LAP Agreement shall become obligations of the CITY to
the COUNTY under this agreement. In the event of any conflict between this agreement and
the LAP Agreement the more stringent provision shall control. For purposes of this paragraph,
more stringent means, for example and not by way of limitation, shorter time to take an action or
refrain from acting,. being obligated to continue performing for a longer time, establishing a
longer time for audit or .records retention, or providing greater access to records. The CITY
shall not knowingly act or fail to act if such action or failure to act would place the COUNTY in
breach of any of the terms of the LAP Agreement.
Section 6. Amendment to the 2002 Sales Tax Interlocal. The 2002 Sales Tax
Interlocal is hereby amended to authorize the COUNTY to use up to. $320,000 of the funds
allocated by that agreement to CITY Transportation Improvements to pay for construction of the
Project as defined. here in.
Section 7. Remedies. Each party shall have any and all remedies as permitted by
law; provided, however, that the parties agree 'to provide for positive dialogue and
communications if disputes or disagreements arise as to the interpretation or implementation of
this Agreement and 'agree to comply with the alternative dispute resolution processes set forth
in any interlocal agreement relating to said subject.
Section 8. Termination. Unless terminated in accordance with this Section, this
Agreement shall automatically renew on an annual basis. After the initial term, either party may
terminate this agreement upon six (6) months written notice.
Section 9. Force Majeure. In the event any party hereunder fails to satisfy a
requirement imposed in a timely manner, due to a hurricane, flood, tornado, or other Act of God
or force majeure, then said party shall not be in default hereunder, but shall fulfill such
requirement as soon thereafter as may be practicable.
Section 10. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and the. successors in interest, transferees and assigns of the
parties. This Agreement shall not be deemed to pledge the full faith and credit of the COUNTY.
Section 11. Assignment. The Agreement may not be assigned by either party without
the prior written approval of the other party. Funding by a special tax or assessment district or
unit shall not affect the CITY's continuing obligations under this Agreement.
Section 12. Public Records. The parties shall allow public access to all documents,
papers, letters or other materials which have been made or received in conjunction with this
Agreement, subject to exceptions to public records laws as set forth in the Florida Statutes and
with records retention accomplished in accordance with Florida law.
Section 13. Records and Audits. The parties shall each maintain in their respective
places of business any and all books, documents, papers and other evidence pertaining to
work performed pursuant to this Agreement. Such records shall be available at all reasonable
times during the term of this Agreement and for so long as such records are. maintained
thereafter. Records shall be maintained in accordance with Florida law and generally accepted
accounting ' and auditing principles. Each party shall allow public access to all documents,
paper, letter or other materials made or received in conjunction with this project.
Section 14. Notice /Designated Contact for Approval.
(a) Whenever either party desires to give notice unto the other, notice shall be sent
for the COUNTY: COUNTY Engineer
Reflections Plaza
520 West Lake Mary Boulevard, Suite 200
Sanford, FL 32773
with copies to: COUNTY Manager .
Seminole County Services Building.
1101 East First Street
Sanford, FL 32771
for the CITY: CITY Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
(b) Either of the parties may change, by written notice as provided herein, the
address or person for receipt of notices, or invoices. All notices will be effective upon receipt.
Section 15. Indemnification. The CITY hereby agrees, to the maximum extent
authorized by law, to indemnify, defend and hold the COUNTY harmless from and against any
and all costs, damages, expenses, losses, claims, injuries, lawsuits and liabilities arising or
resulting from or in connection with the CITY's or its officers', employees', agents', successors'
or assigns' actions or activities relating in any way to the CITY's performance of this
Agreement, and any and all claims and actions. brought by third parties resulting from or arising
in connection with said actions. Nothing herein shall be construed'to waive any provision of
statutory or constitutional law regarding sovereign immunity, including but not limited to F.S.
Section 768.28.
Section 16. Conflict of Interest. The COUNTY and the CITY agree that neither will
engage in any action that would create a conflict of interest in the performance of its obligations
pursuant to this Agreement, nor violate or cause others to violate the provisions of Part III,
Chapter 112, Florida Statutes, relating to ethics in government.
Section 17. Dispute Resolution. The parties shall attempt to resolve any and all
disputes hereunder through a collaborative and mutually acceptable informal process. In the
event that formal dispute resolution processes become necessary, the parties recognize that
such matters will be subject to the processes and procedures set forth in the agreement entitled
"Interlocal Agreement On Mediation And Intergovernmental. Coordination," dated January 24,
1995.
Section 18.. Governing Law /Attorneys' Fees. This Agreement shall be construed and
interpreted according to the laws of the Florida. In the event of litigation between the parties
arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover
reasonable trial and.appellate attorneys' fees and costs.
Section 19. Construction of Agreement. This Agreement shall not be constructed
more strictly against one party as the draftsman, because both the COUNTY and the CITY
have contributed materially to the preparation hereof.
Section 20. Compliance with Laws and Regulations. In providing all services
pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provisions of, such services, including those now in
effect and hereafter adopted.. Any violation of .said statutes, ordinances, rules, or regulations
shall constitute a material breach of this Agreement, and shall entitle the non - violating party to
terminate this Agreement immediately upon delivery of written notice of termination to the
violating party.
Section 21. Counterparts. This Agreement may be executed in multiple counterparts,
each of which, when executed and delivered, shall be an original, but all counterparts shall
together constitute one and the same instrument.
Section 22. Headings. All sections and descriptive headings in this Agreement are
inserted for convenience only, and shall not affect the construction or interpretation hereof.
Section 23. Entire Agreement. This Agreement constitutes the entire agreement of
the parties with respect to the subject matter hereof, and may not be modified or amended
except by the authorized signatures of both parties on a document of equal dignity herewith
IN WITNESS WHEREOF, the parties hereto have and made and executed this
Agreement for the purposes herein stated on the date first above written.
ATTEST:
�►NDREA L R�NZ -L ACE s
o u
City CI
CITY OF WINTER SPRINGS
l
B y: !
J N F. BUSH, MAYOR
Date; February 26, 2004
.Appr d a to form and legal sufficiency.
Anthony A. Garganese .
City Attorney
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
By:
MA N M SE DARYL G. MCLAIN, Chairman
rk to the Board of
County Commissioners of Date: _V y
Seminole County, Florida.
For the use and reliance of
County only. Approved
as to form and legal
sufficiency.
L�
ounty Attomey
As authorized for execution by the Board Seminole
of County Commissioners at its 9-3
2004, regular meeting
f
(Inter1ocal Agreement = SR 434
Access Management Project)