HomeMy WebLinkAboutCB Beach Cleaning Equipment 6/19/08 1
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INTERLOCAL AGREEMENT
FOR BEACH CLEANING EQUIPMENT
THIS INTERLOCAL AGREEMENT FOR BEACH CLEANING EQUIPMENT
( "Agreement ") is entered into this day of , 2008 by and between the
CITY OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation, and the CITY OF
CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation.
WITNESSETH:
WHEREAS, the City of Cocoa Beach ("Cocoa Beach") and the City of Cape Canaveral
( " Cape Canaveral ") are governmental entities organized and operating under the laws of Florida;
and
WHEREAS, Cocoa Beach and Cape Canaveral desire to participate in and share the
responsibilities associated with the purchase, use and maintenance of certain beach cleaning
equipment ( "Equipment ") for the benefit of the beaches located within the municipal boundaries
of each city; and
WHEREAS, the cities desire to set forth their mutual agreement to jointly purchase, use
and maintain the Equipment under the terms and conditions stated herein; and
WHEREAS, it is the intent and purpose of this Agreement to encourage a spirit of
cooperation between the cities for purposes of improving the quality of the beaches for the benefit
of the citizens of Cocoa Beach and Cape Canaveral; and
WHEREAS, the parties believe that this Agreement is in the best interests of the public
health, safety, and welfare of the citizens of the City of Cocoa Beach and the citizens of the City
of Cape Canaveral.
NOW THEREFORE, for good and valuable consideration in which the parties agree has
been exchanged, and for the mutual promises contained herein, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and incorporated herein by
i reference.
2.0 Statutory Authority. This Agreement shall be considered an Interlocal Agreement
pursuant to Section 163.01, Florida Statutes.
3.0 Equipment. The Equipment subject to the terms of this Agreement consists of a
tractor and Barber beach rake. The purchase price for the Equipment is Eighty -One Thousand Six
Hundred Eighty -One and 60/100 Dollars ($81,681.60).
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1 4.0 Purchase of Equipment. Cocoa Beach and Cape Canaveral hereby acknowledge
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that a third party has offered to grant money toward the purchase of the Equipment in an amount
1 equal to approximately one -third (1/3) of the cost of the Equipment. Cocoa Beach and Cape
Canaveral shall be equally responsible for the remaining purchase price of the Equipment after
applying the grant. In the event the third party does not grant any money toward the purchase of
the Equipment, or should the third party grant less than one -third (1/3) of the purchase price of the
Equipment, Cocoa Beach and Cape Canaveral shall remain equally responsible for the purchase
price of the Equipment, or may unilaterally elect to terminate this Agreement.
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5.0 Ownership of Equipment. Cocoa Beach and Cape Canaveral shall maintain joint
title and ownership of the Equipment. Neither party hereto shall sell, mortgage, assign, transfer,
I lease, loan, part with possession of, or encumber the Equipment, or permit any lien to be filed
thereon.
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6.0 Storage of Equipment. Cape Canaveral shall be responsible for storing the
Equipment and shall make the Equipment available to Cocoa Beach upon receiving reasonable
notice from Cocoa Beach that it desires to use the Equipment. The parties hereto may establish
a mutually agreeable schedule for use of the Equipment not inconsistent with the terms of this
Agreement.
7.0 Maintenance and Operation of Equipment. Cocoa Beach and Cape Canaveral
agree to maintain and operate the Equipment as follows:
7.1 Maintenance. Cocoa Beach and Cape Canaveral shall be equally
responsible for one -half (Y2) of the repair and maintenance expense required to keep
the Equipment in good operating condition, appearance and protected from
deterioration.
7.2 Operation. The Equipment shall only be used in a manner contemplated
by the Equipment manufacturer. Operation of the Equipment shall be limited to
those Cocoa Beach and Cape Canaveral employees trained specifically in the
Equipment's proper operation. In the event the Equipment is damaged due to any
violation of this subsection, the violating party shall be solely responsible for any
costs associated with repairing or replacing the Equipment.
7.3 Fuel & Wash Down. Immediately following each use ofthe Equipment, the
party using the Equipment shall be responsible for washing it down and
I replenishing all fuel and fluid levels, as needed.
8.0 Insurance. Cocoa Beach agrees to obtain and maintain, throughout the term of this
A greement, insurance coverage to cover any risks of loss, theft, or damage from every cause
whatsoever to the Equipment. Cape Canaveral shall be included in any such insurance policy as
} an "additional named insured" and agrees to reimburse Cocoa Beach for one -half ('/2) of said
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insurance coverage.
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9.0 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or agreements, either
oral or written, and all such matters shall be deemed merged into this Agreement.
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10.0 Attorneys Fees and Costs. In the event any litigation or controversy arises out of
or in connection with the parties hereto, the parties shall bear their own costs and attorneys fees.
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11.0 Governing law and venue. This Agreement shall be governed by the laws of the
State of Florida. The parties hereto agree that for purposes of state court action, venue shall lie
within Brevard County, Florida, and for purposes of federal court action, venue shall lie within
Orlando, Florida.
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12.0 Notices. All notices, consents, requests, instructions, approvals, deliveries of
invoices and receipts and other communications provided for herein shall be validly given in
writing, or as otherwise provided:
To: City of Cape Canaveral
Attention: Public Works Director
601 Thurm Boulevard
Cape Canaveral, FL. 32920
And to:
City of Cocoa Beach
Attention: Public Works Director
1600 Minutemen Causeway
1 Cocoa Beach, Florida 32931
13.0 Term. The parties agree that the term of this Agreement shall be for the useful life
of the Equipment.
14.0 Modification. Any modification to this Agreement shall be in writing and approved
by both parties with the same formalities as this Agreement.
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15.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of Cocoa Beach's
or Cape Canaveral's right to sovereign immunity under section 768.28, Florida Statutes, or other
limitations imposed on either City's potential liability under state or federal law. As such, Cocoa
Beach and Cape Canaveral shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Further, Cocoa Beach and Cape Canaveral shall not be
liable for any claim or judgment, or portion thereof, to any one person for more than one hundred
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1 thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled
with all other claims or judgments paid by the State or its agencies and subdivisions arising out
I of the same incident or occurrence, exceeds the sum of two hundred thousand dollars
($200,000.00). This paragraph shall survive termination of this Agreement.
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16.0 Indemnification and Hold Harmless. To the extent permitted by law, each party
agrees to indemnify and hold harmless the other party and the other party's employees, officers,
and attorneys from and against all claims, losses, damages, personal injuries (including but not
I limited to death), or liability (including reasonable attorney's fees), which directly or indirectly
arises out of, or results from their own acts or omissions and the acts and omissions of their
employees, officers, and attorneys pursuant to this Agreement. This paragraph shall survive
termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
y ear written above.
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CITY OF COCOA BEACH: CITY OF CAPE CANAVERAL:
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L1 - i ! Beeler, Mayor Rocky Rande , Mayor
ATTEST: ATTEST:
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#��L �e OAT 7i�._ L4 t
oredana Kalaghchy, City ( 1. k Sus. _Stilts, Ci Clerk
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