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 -
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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.
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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
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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
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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
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