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HomeMy WebLinkAboutSeminole County Bridge Inspection Aggreement 1980 07 22.•---, A G R E E M E N T THIS AGREEMENT made and entered into this ~~d~-ay of _, A. D. ,~~.'~~,~~ by and between the COUNTY OF SEMINOLE, FLORIDA, hereinafter referred to as "COUNTY", and the CITY OF WINTER SPRINGS, FLORIDA, hereinafter referred to as "CITY", both of whom understand and agree as follows: WHEREAS, the parties hereto have the common power to inspect bridges for structural soundness and safety by a quali- fied bridge inspector within their geographic jurisdictions as required by Section 338.071, Florida Statutes; and WHEREAS, the CITY desires to contract with COUNTY for said services; and WHEREAS, COUNTY is agreeable to providing these ser- vices under the terms and conditions hereinafter set forth; and WHEREAS, this contract is authorized by the provisions of Section 163.01, Florida Statutes, which authorizes the exer- cise by agreement of two or more public agencies of any power common to them. NOW, THEREFORE, in consideration of the mutual cove- pants herein contained, the COUNTY and CITY agree as follows: PURPOSE OF AGREEMENT 1. The purpose of this Agreement is for the COUNTY to provide the following services to the CITY in the manner herein- after set forth: a. Utilizing certified bridge inspectors from the Engineering Division of the Seminole County Public Works Department, the COUNTY will inspect, in accordance with Section 338.071, Florida Statutes, 1977, defined bridges owned by the CITY as to structural soundness and safety thereof for the pas- sage of traffic thereon. b. The bridges to be inspected shall be in accordance with a list of bridges and their locations which shall be furnished by the CITY to the COUNTY upon execution of this Agreement, and to which bridges may be added or deleted from time to time at the direction of the CITY. c. Initial inspections will be performed by the COUNTY as soon as practicable after execution of this Agreement, and subsequent inspections shall be performed at regular inter- vals thereafter not to exceed two (2) years. d. The COUNTY will make written reports of all inspections on the format designated by the Florida Department of Transportation and shall forward same to the Department. A copy of each report shall be furnished to the CITY. ADMINISTRATIVE AGENT 2. COUNTY is designated as the party to administer this Agreement by and through its departments and officers. COST COMPUTATION 3. In order to cover the COUNTY'S average bridge inspection costs consisting of office and field payroll expense, vehicle mileage, photographic materials, reporting and filing procedures, the CITY agrees to reimburse the COUNTY according to the following fee schedule: a. For initial inspection: Per bridge - $250.00; provided, however, if as-built engineering plans are furnished to the COUNTY, deduct $125.00 from the initial inspection fee. b. For subsequent inspections: $125.00. Per bridge - -2- DUTIES AND LEVEL OF SERVICES 4. No officer or department of COUNTY shall perform for CITY any function not within the scope of the duties of such officer or department in performing the same kind of services for COUNTY. Except as otherwise hereinafter provided for, the level of service shall be the same basic level of service that is and shall be hereafter, during the term of the Agreement, provided by COUNTY within its geographic jurisdiction. Rendition of service, standards of performance, discipline of officers and employees, and other matters incident to performance of services and control of personnel shall remain in COUNTY. In event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level or manner of performance of such service, the determination thereof made by the Director of Public Works of COUNTY shall be final and conclusive subject to subsequent termination of this Agreement, by the CITY pursuant to paragraphs 11 and 12 of this Agreement. FUND APPROPRIATION 5. No service shall be performed hereunder unless CITY shall have available funds previously appropriated to cover the cost thereof. EMPLOYEE STATUS 6. Persons employed by the COUNTY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workmen's compensation, unemployment compen- sation, civil service or other employee rights or privileges granted by the operation of law or by CITY to officers and employees of CITY. -3- COOPERATION 7. To facilitate performance under this Agreement, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees. LIABILITY 8. CITY shall indemnify and save the COUNTY harmless from and against all liability, claims for damages, and suits for any injury to any person or persons, or damages to any property of any kind whatsoever arising out of or in any way connected with the services provided for in this Agreement or any act or omission in any manner related to said services irrespective of negligence, actual or claimed, upon the part of the COUNTY, its agents or employees, except gross negligence of COUNTY, its agents or employees. This Agreement by CITY to indemnify and hold the COUNTY harmless shall include all charges, expenses and costs including attorney fees incurred by the COUNTY on account of or by reason of any such injuries, damages, liability, claims, suits or losses and on damages growing out of same. INSPECTION CHARGE ADJUSTMENT 9. COUNTY shall have the right to adjust the fee schedule as set forth in paragraph 3 to reflect any increased costs associated with the COUNTY's inspection of CITY's bridges. Such increased adjustments to become effective on October 1st contingent upon two (2) months' written notice of such deter- mination of the necessity for an adjustment as a result of in- creased costs. BILLING 10. COUNTY performing the services hereunder shall render to CITY at the close of each six-month period an itemized -4- .r statement covering all services performed during the prior six (6) months, and CITY shall pay COUNTY for such services within twenty (20) days after receipt of such statement. If such payment is not received by COUNTY within thirty (30) days after billing, COUNTY may satisfy such indebtedness from any funds of CITY on deposit with COUNTY without giving further notice to CITY of its intention to do so. TERM OF CONTRACT 11. This contract shall become effective on the date first above written and shall run for a period ending September 30, A. D., 1984, and at the option of the governing body of CITY, with the consent of the governing body of the COUNTY, shall be renewable thereafter for successive periods not to exceed two (2) years each. RENEWAL 12. This Agreement may be renewed by mutual agreement in writing between the COUNTY and the CITY not later than two (2) months preceding the expiration date and shall be upon such terms and conditions as set forth in such renewal agreement. Notwithstanding the provisions of this paragraph, either party may terminate this Agreement as of the first day of October of any year upon notice in writing to the other party of not less than two (2) calendar months prior to the date of ter- urination. CONTRACT CONTROL 13. This Agreement is designed to cover specific services which may be supplied by COUNTY and the various depart- ments thereof. In the event there now exists any prior agreement -5- or contract covering services to be provided under this contract, this contract with respect to such services, shall be controlling as to the duties and obligations of the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof. This Agreement is signed and executed this o,~~~ ay of A. D., BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA ATTEST: MARY T. NORTON, City C~erc~- • ~ 1 ) B ' y BILL k.I~;CHHOFP, CHAIRMAN ~ ATTEST: ~~ AR HUR H. BECKWITH, JR. C. r to the Board of County Commissioners in and for Seminole County, Florida -6-