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HomeMy WebLinkAbout2012 11 19 Consent 204 Trail Overpass Interlocal AgreementCOMMISSION AGENDA ITEM 204 November 19, 2012 Special Meeting Informational Consent X Public Hearings Regular KS KL City Manager Department REQUEST: Public Works Department Requests the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass SYNOPSIS: This interlocal agreement is needed to address maintenance responsibilities of the Cross Seminole Trail Pedestrian Bridge over SR 434 clarifying the County will be responsible for functional maintenance of overpass drainage, painting and pressure washing. CONSIDERATIONS: This interlocal agreement is needed to clarify maintenance responsibilities of the Cross Seminole Trail Pedestrian Bridge over SR 434. The City and Seminole County originally entered into an interlocal agreement in 1999 addressing trail realignment and trail maintenance in the Town Center. It was amended in 2002 to further address design standards and trail maintenance in the Town Center. A 2nd amendment was approved in 2007 to expand the City's trail maintenance responsibility from Central Winds Park to Layer Elementary. This allowed for the highly successful tree plantings along this corridor by the Urban Beautification Division. Maintenance of the trail bridge was not addressed in detail in any of the agreements or amendments. Recent discussions have occurred with the County over the need to pressure wash the trail bridge. Although the County originally requested the City undertake this task, nowhere in Consent 204 PAGE 1 OF 2 - November 19, 2012 the original or amended agreements did the City assume this responsibility. This agreement memorializes that the County will be responsible for functional maintenance of the overpass including drainage, painting, and pressure washing. The City's responsibilities remain unchanged and include trash pickup and maintenance of landscape and irrigation. The City's responsibilities are included in current Urban Beautification maintenance contracts. FISCAL IMPACT: No change to the current City costs for trail maintenance. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: It is recommended that the City Commission Approve the Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of the Trail Overpass and authorize the City Manager to execute any and all applicable documents. ATTACHMENTS: 1. Interlocal Agreement Between Seminole County and the City of Winter Springs for Maintenance of Trail Overpass Consent 204 PAGE 2 OF 2 - November 19, 2012 INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF WINTER SPRINGS FOR MAINTENANCE OF TRAIL OVERPASS (Over State Road 434) This Interlocal Agreement is made and entered into this day of 2012, 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 "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 "CITY." WITNESSETH: WHEREAS, COUNTY's Public Works Capital Program included the construction of a pedestrian trail overpass within the CITY over State Road 434; and WHEREAS, it had been previously contemplated that the COUNTY would delegate to the CITY some of the maintenance responsibilities for this trail overpass, NOW, THEREFORE, for and in consideration of the promises, mutual covenants and agreements contained herein by and between the parties and for the mutual benefit of the COUNTY and CITY, and their respective citizens, 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. COUNTY Responsibilities. The COUNTY will be responsible for functional maintenance of this trail overpass along with the drainage associated with the function of this trail overpass including painting and pressure washing of the structure as needed. Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 1 of 7 Section 3. CITY Responsibilities. The CITY's responsibilities are: (a) Litter and trash pickup on the trail overpass including ramp, span and surrounding trail corridor according to the frequency of regular maintenance of CITY parks. (b) Routine maintenance to keep the debris and dirt build -up to a minimum on the trail overpass including ramp, span and surrounding trail corridor. (c) Weed control of the structures and ramps. (d) Landscaping, sprinkler and grounds maintenance. (e) Provide irrigation water for the landscaping if a sprinkler system is present. Section 4. Insurance Requirements. (a) Each party shall maintain adequate insurance coverage to protect its own interests and obligations under this Agreement. (b) The CITY shall require that all contractors employed to perform the maintenance responsibilities specified in this Agreement are sufficiently insured and are liable for the payment of reasonable compensation to COUNTY for property damaged or destroyed during the course of this maintenance work. The COUNTY has the right to set and modify from time to time the types of coverages and policy limits for this insurance by written notice to the CITY. Section 5. Indemnification. (a) COUNTY expressly acknowledges and accepts its responsibility under applicable law, and to the extent permitted by law, agrees to indemnify, defend and hold CITY harmless for loss, damage, or injury to persons or property, arising out of or resulting from COUNTY's activities described in Section 2 above or other authorized use of the trail overpass, unless, however, such claim or demand arises out of or results from the negligence of CITY, its servants, agents, employees, or assigns. This provision is not to be construed as a waiver by COUNTY of Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 2 of 7 its sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes. To the extent COUNTY has contract employees or agents performing any work on the trail overpass, COUNTY shall have the CITY added as additional insured prior to the employee or agent performing any work on the trail overpass. (b) CITY expressly acknowledges and accepts its responsibility under applicable law, and to the extent permitted by law, agrees to indemnify, defend and hold COUNTY harmless for loss, damage, or injury to persons or property, arising out of or resulting from CITY's activities or other authorized use of the trail overpass, including those specified in Section 3 above, unless, however, such claim or demand arises out of or results from the negligence of COUNTY, its servants, agents, employees, or assigns. This provision is not to be construed as a waiver by CITY of its sovereign immunity, except to the extent waived pursuant to Section 768.28, Florida Statutes. To the extent CITY has contract employees or agents performing any work on the trail overpass, CITY shall have the COUNTY added as additional insured prior to the employee or agent performing any work on Premises. (c) The principles of comparative negligence apply to loss, damage or injury as specified in subsections (a) and (b) above where the negligence of both City and County and their respective servants, agents, employees or assigns are involved. (d) The parties further agree that nothing contained herein will be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and CITY beyond the waiver provided for in Section 768.28, Florida Statutes. (e) The waiver of a provision in this Section 5 by either party will not constitute the further waiver of this provision or the waiver of any other provision of this Section 6. Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 3 of 7 Section 6. Notice. Any notice delivered with respect to this AGREEMENT must be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return- receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party shall have specified by written notice to the other party delivered in accordance herewith: As to COUNTY: County Engineer Seminole County Services Building 1101 East First Street Sanford, FL 32771 As to CITY: City Manager 1126 East State Road 434 Winter Springs, FL 32708 Section 7. Representations. The undersigned represents that he is Mayor of the City of Winter Springs; that this document has been reviewed and duly approved for binding execution with all the formalities required by law; and that the CITY has likewise authorized the undersigned to bind the CITY to the terms and conditions contained in this Agreement. Section 8. Governing Law. The laws of the State of Florida govern the validity, enforcement and interpretation of this Agreement. Seminole County is the sole venue for any legal action in connection with this Agreement. Section 9. Parties Bound. This Agreement is binding upon and inures to the benefit of CITY and COUNTY, and their successors and assigns. Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 4 of 7 Section 10. Conflict of Interest. (a) The CITY agrees that it shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the COUNTY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (b) The CITY hereby certifies that no officer, agent or employee of the COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5 %) either directly or indirectly, in the business of the CITY to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. (c) Pursuant to Section 216.347, Florida Statutes, the CITY hereby agrees that monies, if any, received from the COUNTY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any State or federal agency. (d) The CITY has the continuing duty to report to the COUNTY any information that indicates a possible violation of this Section. Section 11. Entire Agreement. (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements, negotiations, and previous agreements between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by both parties, except as otherwise specifically provided in this Agreement. Section 12. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, it is the intent of the parties that the invalidity does not Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 5 of 7 affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Section 13. Term. The term of this Agreement is twenty (20) years from the date of execution, unless extended by mutual agreement of COUNTY and CITY. Section 14. Filing of Agreement. It is agreed that this Agreement shall be filed by the CITY with the Clerk of the Circuit Court of Seminole County, Florida, all in accordance with the Interlocal Agreement Act, and that this Agreement shall not become effective until the CITY has so filed the Agreement . IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. ATTEST: CITY OF WINTER SPRINGS Andrea Lorenzo - Luaces, City Clerk By: Charles Lacey, Mayor Date: [Balance of this page intentionally blank; signatory page continues on Page 7] Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 6 of 7 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY, FLORIDA Maryanne Morse Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance Seminole County only. Approved as to form and legal sufficiency. County Attorney By: Brenda Carey, Chairman Date: As authorized for execution by the Board of County Commissioners at its 2012, regular meeting. DGS /dre 08/01/12 p:Ausers \dedge \my documents \agt \winter springs trail overpass maintenance.docx Interlocal Agreement for Maintenance of Trail Overpass Seminole County / Winter Springs Page 7 of 7