HomeMy WebLinkAboutBus Shelter & Bench Interlocal 2015 INTERLOCAL AGREEMENT
This Interlocal Agreement is entered into this 5th day of
March , 2015, by and between the BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision
of the State of Florida, hereinafter referred to as the "County", and the CITY OF
CAPE CANAVERAL, FLORIDA, A political subdivision of the State of Florida,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the County has the authority to provide written authorization
to a qualified entity for installing and operating TRANSIT SHELTERS AND
BENCHES for the comfort and convenience to the general public, or at
designated stops on official bus routes pursuant to Florida Statute 337.408; and
WHEREAS, the County desires to enter into an Agreement with the City to
maintain existing TRANSIT SHELTERS AND BENCHES, as identified in
Attachment A and future installation of TRANSIT SHELTERS AND BENCHES,
as funding permits; and
WHEREAS, the City has secured property and locations for TRANSIT
SHELTER AND BENCH for use within the City of Cape Canaveral in compliance
with rules set forth in Florida Administrative Code 14-20; and
NOW, THEREFORE, in consideration of the covenants herein contained,
it is mutually agreed between the parties as follows:
SECTION 1. MAINTENANCE OF SHELTERS AND BENCHES: The
City agrees to provide general cleaning, maintenance and trash removal for the
each TRANSIT SHELTER AND BENCH, identified in Attachment A and future
mutually agreed upon TRANSIT SHELTERS AND BENCHES, to include labor
costs associated with repair of items located on and in the TRANSIT SHELTERS
AND BENCHES. The County agrees to provide repair parts and materials to the
City for necessary repairs to the TRANSIT SHELTERS AND BENCHES,
identified in Attachment A. The City shall post a contact number on or near the
TRANSIT SHELTER/BENCH for reporting of cleanliness issues.
SECTION 2. PURCHASING AND LOCATION: The County does hereby
agree to provide TRANSIT SHELTERS AND BENCHES for locations at mutually
agreed upon and designated stops on official bus routes within the City, as future
funding permits. Purchasing of these TRANSIT SHELTERS AND BENCHES by
the County (Space Coast Area Transit) will be in accordance with Federal Grant
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and County purchasing guidelines. Future locations will be incorporated into
Attachment "A".
SECTION 3. SHELTER/BENCH DESIGN, MAINTENANCE: TRANSIT
SHELTER AND BENCH size, shape, configuration and location of each and
every shelter/bench shall be subject to approval by the County. Approved design
will be based upon mutually agreed requirements and specifications identified by
the County and City. Design, plans and specifications for, and erection of
shelters and benches shall be in accordance with provisions outlined under
paragraphs 14-20.001 through 4-20.005 of the Florida Administrative Code
(FAC) and Sections 337.408 and 337.409 of the Florida Statutes.
SECTION 4. SHELTER/BENCH INSTALLATION: The City shall comply
with all applicable state, federal, and local laws, ordinances, rules and
regulations in the construction, erection, installation and maintenance of the
TRANSIT SHELTERS AND BENCHES, including without limitation, permitting.
Installation is inclusive of all site planning, the pouring of concrete or pavement
slabs for the purpose of providing a foundation for the TRANSIT
SHELTER/BENCH and construction of the TRANSIT SHELTER/BENCH, in
accordance with the vendor's installation specifications. Prior to the installation of
a SHELTER/BENCH, the City and the County shall mutually agree upon the
appropriate costs associated with these actions and the City will invoice the
County (Space Coast Area Transit) for such costs. The County shall remit
payment in accordance with the Florida Prompt Payment Act, Florida Statute
section 21.70, et. seq.
SECTION 5. TERM AND USE: Each and every TRANSIT SHELTER
AND BENCH operated under this Agreement within the City shall be available to
the general public on a gratis basis. The term of this Agreement is for a period of
ten (10) years. Either party may terminate this Agreement for any reason. In the
event either party elects to terminate this Agreement, the terminating party shall
give written notice of termination at least sixty (60) days prior to desired
termination. It is mutually agreed upon by the City and County that the display
cases located on the TRANSIT SHELTERS will not be utilized for paid or
sponsored advertisement, but for public service message material, as mutually
authorized by both parties. In the event of Agreement termination, the County
(Space Coast Area Transit) will be responsible for the costs associated with the
replacement, removal or relocation of the TRANSIT SHELTER OR BENCH
structure. If deemed necessary and agreed upon by both parties, costs
associated with removal of the TRANSIT SHELTER OR BENCH concrete pad or
pavement and electrical connection will be equally shared between the City and
County.
SECTION 6. SIGNAGE: Signs, messages, and advertising in any form
shall be prohibited on all TRANSIT SHELTERS AND BENCHES unless
otherwise authorized by this Agreement or the City code. However, even if
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otherwise authorized, said signs, messages, and advertising shall be approved
by both the County Manager and the City Manager.
SECTION 7. UTILITIES: The City agrees to pay all reasonable charges
for the electrical utility lighting costs for the TRANSIT SHELTERS AND
BENCHES listed in Attachment "A", and any future mutually agreed upon
TRANSIT SHELTER OR BENCH.
SECTION 8. DAMAGE: The County agrees to repair, replace, and/or
reimburse the City for any and all damages caused to property and equipment
owned by the City and resulting from the action of County employees. The
County shall cause such repair, replacement and/or reimbursement to occur
within a reasonable amount of time thereby affording no undue hardship to the
City
The City agrees to repair, replace, and/or reimburse the County for any
and all damages caused to property and equipment owned by the County and
resulting from the action of City employees. The City shall cause such repair,
replacement and/or reimbursement to occur within a reasonable amount of time
thereby affording no undue hardship to the County.
SECTION 9. ATTORNEY'S FEES AND COSTS: In the event of any
litigation between the parties arising out of this contract, each party will bear its
own attorney's fees and costs.
SECTION 10. SEVERABILITY: If any section, paragraph, sentence,
clause, phrase, or word of this Agreement is, for any reason held by a Court to
be unconstitutional, inoperative, or void, such holding shall not affect the
remainder of this Agreement.
SECTION 11. HOLD HARMLESS/INDEMNIFICATION: The City, to the
extent permitted by law, agrees to fully indemnify, defend, and hold the County,
its officers, agents, and employees harmless against any claims for bodily injury,
sickness, disease death or personal injury, or damage to property or loss of use
resulting there from, including attorneys fees and court costs, arising out of this
Agreement, or any services provided by the City pursuant to this Agreement, if
such claims are as a result of the City's sole negligence.
The County, to the extent permitted by law, agrees to fully indemnify,
defend, and hold the City, its officers, agents, and employees harmless against
any claims for bodily injury, sickness, disease death or personal injury, or
damage to property or loss of use resulting there from, including attorneys fees
and court costs, arising out of this Agreement, or any services provided by the
County pursuant to this Agreement, if such claims are as a result of the County's
sole negligence.
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In agreeing to this provision neither party intends to waive any defense or
limited of sovereign immunity to which it may be entitled under Section 768.28,
Florida Statutes or otherwise provided. The parties acknowledge specific
consideration has been exchanged for this hold harmless/indemnification
provision.
SECTION 12. EFFECTIVE DATE: This Agreement shall be effective
upon signing of both parties.
SECTION 13. JURISDICTION, VENUE, AND CHOICE OF LAW: All
questions pertaining to the validity and interpretations of the Agreement shall be
determined in accordance with the Laws of the State of Florida. Any legal action
by either party against the other concerning the Agreement shall be filed in
Brevard County, Florida, which shall be deemed proper jurisdiction and venue for
the action.
SECTION 14. AUDITING, RECORDS AND INSPECTIONS: In the
performance of this Agreement, the City and County shall keep books, records
and account of all activities related to the Agreement, in compliance with
generally accepted accounting procedures. Books, records, and accounts
related to the performance of this Agreement shall be open to inspection during
regular business hours by authorized representatives of both entities for a period
of three (3) years after termination of this Agreement. All books, records, and
accounts related to the performance of this Agreement shall be subject to the
applicable provisions of the Florida Public Records Act, Chapter 119, Florida
Statutes.
SECTION 15. ENTIRE AGREEMENT: This Agreement, including the
exhibits, riders and/or addenda, if any attached hereto, sets forth the entire
Agreement between the parties. This Agreement shall not be modified except in
writing and executed by all parties.
SECTION 16 NOTIFICATION: Notification should be sent to the
following personnel and addresses:
David L. Greene, City Manager James P. Liesenfelt, Transit Director
City of Cape Canaveral Space Coast Area Transit
PO Box 326 401 S.Varr Avenue
Cape Canaveral, FL 32920 Cocoa, FL 32922
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IN WITNESS WHEREOF, the party has hereto set their hands and seals
the day and year first above written.
WITNESS: BREVARD COUNTY BOARD OF
COUNTY COMMISSIONERS
BY: 0.0 - sz,', g .�--� BY: ‘ s 1‘121
Jim Liese ISTransit rvices Director
Reviewed for lit al fore at and Content
By: WY?
Matthew Soss, A st. Co. Atty.
ATTEST: CITY MANAGER OF CAPE
CANAVERAL, FLORIDA
BY: CypBY: 60.+..4ria—
David L. Greene
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ATTACHMENT A
TRANSIT SHELTER and BENCH Locations in the City of Cape Canaveral
Location Type ID
West Side SR A1A(Astronaut Blvd) @ Burger King/Residence Inn Shelter 11236
West Side SR A1A(Astronaut Blvd) &W. Central Blvd @ Radisson Resort Bench 11232
West Side SR A1A(Astronaut Blvd) &Columbia Drive Shelter 10716
West Side SR A1A(N Atlantic Ave) & International Drive Shelter 10717
West Side SR A1A(N Atlantic Ave) &Tyler Ave @ Trailer Park Bench 11289
West Side SR A1A(N Atlantic Ave) & Fillmore Ave @ IAP Services Bench 11209
West Side SR A1A(N Atlantic Ave) &Cocoa Palms Drive Bench 11212
West Side SR A1A(N Atlantic Ave) & Holman Ave Bench 10714
West Side SR A1A(N Atlantic Ave) &Wilson Ave @ Costa del Sol Bench 11251
East Side SR A1A(N Atlantic Ave) &Grant Ave @ City Sign Bench 11211
East Side SR A1A(N Atlantic Ave) & Pierce Ave @ Shell Station Bench 11208
East Side SR A1A(N Atlantic Ave) & Mango Manor Drive @ Perlas de Mar Bench 11206
East Side SR A1A(N Atlantic Ave) @ Southgate Mobile Homes Shelter
East Side SR A1A(N Atlantic Ave) & Eberwein Dr @ Port Canaveral Trailer
Park Bench 10715
East Side Ridgewood Ave&Washington Ave Bench 11215
South Side Polk Ave @ Cape Canaveral Library Shelter 11283
North Side Caroline Ave @ Palms East Bench 11205
East Side Rosalind Ave @ Cape View Elementary School Bench 11213
North Side Canaveral Blvd & N Atlantic Ave @ 7-11 Shelter 11214
North Side Caroline Ave &Canaveral Blvd Bench 11265
South Side Polk Ave& Ridgewood Ave Bench 759330
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