HomeMy WebLinkAbout2026-010INTERLOCAL AGREEMENT BETWEEN THE INDIAN RIVER COUNTY, AND
THE CITY OF FELLSMERE REGARDING THE GRADING OF ROADS WITHIN
THE CITY OF FELLSMERE AND VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
THIS INTERLOCAL AGREEMENT (the "Agreement"), made and entered into this
13th day of Imy 2026, between the Indian River County (the "County") and the City
of Fellsmere, a municipal corporation created pursuant to the laws of the State of Florida (the
"City"), provides for the cooperation of the County to grade and maintain roads within the City
and for each jurisdiction to provide Mutual Aid in the form of in-kind services by providing
equipment and personnel to address public works related emergencies and natural disasters.
WITNESSETH:
WHEREAS, the City has requested the County to maintain City dirt roads consisting of
approximately 10.5 miles located generally within the Original Town Site which consists of an
area of approximately one (1) square mile; and
WHEREAS, the City dirt roads are shown on the Street Map dated 10-3-2025, attached
hereto as Exhibit "A" and by this reference made a part hereof, hereinafter referred to as "City
Roads"; and
WHEREAS, the County has personnel and equipment to grade and maintain such City
Roads, through its Road and Bridge Division; and
WHEREAS, the terms and conditions by which the County will maintain the City Roads
are set forth herein; and
WHEREAS, the County and City also desire to establish a voluntary cooperation and
operational assistance mutual aid relationship for disasters or emergencies, whether natural or
manmade; and
WHEREAS, the County and City are close in proximity to each other such that it is to the
advantage of each to receive and extend mutual aid to each other in the form of in-kind services to
adequately respond to disasters or emergencies.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein
contained and assumed, and other good and valuable consideration, the receipt and sufficiency of
which are acknowledged by the parties, the County and City agree as follows:
SECTION 1. RECITALS INCORPORATED.
The above recitals are true and correct and are incorporated herein.
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SECTION 2. DURATION, TERMINATION, AND MODIFICATION.
(a) This Agreement is for two (2) years, and will automatically renew every two (2) years
unless either party provides 60 days written notice of their intent to terminate this Agreement.
(b) This Agreement shall be in effect from the date it is fully executed. This Agreement
may be terminated at any time by the City or County for convenience of either party upon thirty
(30) days written notice.
(c) This Agreement may be modified at any time by the mutual consent of the parties and
in the same manner as its original adoption.
ROAD MAINTENANCE PROVISIONS
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE CITY
(a) The City will budget at least $15,000 each year for stabilizer material.
It is anticipated that the initial cost of stabilization materials will
exceed the estimated $15,000 due to the current condition of the City
Roads.
(b) The City shall be responsible for paying the cost of stabilized material
placed on City Roads to be brough up to acceptable standards.
(c) The City shall be responsible for paying the cost to operate the road
grader as follows:
*All costs to be evaluated annually and subject to change based
upon mutually agreeable terms prior to budget approval for the
following years.
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Cost
Duration
Amount
Grader Operator/Use of
$65.46
Estimated to
$37,705
Grader/Maintenance/Insurance*
per hour
be 16 hours
per week to
be graded
every 10 days
Fuel Cost approximately*
$4.15
$4.15 x 40
$11,952
per
gallons per
gallon
day x 2 x 36
cycles
Estimated annual cost*
J$49,657
*All costs to be evaluated annually and subject to change based
upon mutually agreeable terms prior to budget approval for the
following years.
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(d) The City shall accept and notify the County of all complaints and
calls related to grading and keep records thereof, unless the complaint
is such that the City considers it minor and will undertake a resolution
of the complaint.
SECTION 4. DUTIES AND RESPONSIBILITIES OF THE COUNTY
(a) The County will place the stabilized material necessary to bring all City Roads
identified by this Agreement up to acceptable standards and thereafter to
maintain the City Roads to such standards on a scheduled route pursuant to
existing County policies and procedures.
(b) The cost of hauling the stabilized material, including drivers, dump trucks and
laying the material will be done by the County
(c) The County shall respond to concerns and issues that affect the City Roads.
(d) The County shall notify the City of issues regarding City Roads not covered by
this Agreement.
(e) The County will report the cost of stabilized material at any time requested by
the City within ten (10 days).
(f) The County will absorb the cost of trucking and spreading the stabilized
material, with the expectation that the City pays for said material.
(g) The County will make all reasonable efforts to use the 2024 or 2025 graders.
(h) The County will maintain all necessary documentation related to the Federal
Emergency Management Agency (FEMA) requirements, in order for the City
to file a supportable claim with FEMA for damages and related costs for
reimbursement.
(i) The County estimates that each City Road will be graded every 10 days, but this
is not a guarantee. Should delays in excess of 15 days occur, the County will
notify the City in writing and provide an estimated start up timeframe.
MUTUAL AID PROVISIONS
SECTION 5. PROCEDURES FOR REQUESTING IN-KIND ASSISTANCE.
In the event that a party to this Agreement is in need of mutual aid assistance, an authorized
representative of the agency requesting assistance shall notify the agency head or his/her designee
from whom such assistance is requested. The agency head or authorized agency representative
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whose assistance is sought shall evaluate the situation and the agency's available resources, consult
with his/her supervisor(s) if necessary and will respond in a manner he/she deems appropriate.
The agency head in whose jurisdiction assistance is being rendered may determine who is
authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and
for what purpose such authority is granted. This authority may be granted either verbally or in
writing as the particular situation dictates.
GENERAL PROVISIONS
SECTION 6. NOTICE.
(a) Unless specified by a party in writing otherwise, all notices, demands, or other
papers required to be given or made by this Agreement, or which may be given or made, by either
party to the other, will be given or made in writing and addressed as follows:
City: City Manager
City of Fellsmere
22 South Orange Street
Fellsmere, FL 32948
with a copy to the City Attorney
County: Indian River County Director of Public Works
180127 1h Street
Vero Beach, Florida 32960-3365
with a copy to the County Attorney
The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified
U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company; or (4) sent
by electronic means. For purpose of duration, termination or modification of this Agreement
electric notification shall not be used.
(b) The parties will consider the effective date of notice to be the date personally
delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery
company, the date the notice was picked up by the overnight letter delivery company from the
party giving notice or if sent by electronic means the date sent with proof of sending.
SECTION 7. INDEMNIFICATION, HOLD HARMLESS
To the extent permitted by law and subject to the limitations of Section 768.28, Florida
Statutes and any subsequent revisions thereto, each party agrees to indemnify, defend and hold
harmless the other and respective elected officials, officers, and employees against any claim,
action, loss, damage, injury, liability, cost or expense, including, but not by way of limitation,
reasonable attorneys' fees and court costs, arising out of injury to persons, including but not limited
to death, or damage to property caused by, directly or indirectly, in whole or in part, the negligence
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of that party, in connection with this Agreement. This Agreement does not provide third parties
with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.
SECTION 8. IMMUNITY.
Nothing contained herein or in any instruments executed pursuant to this Agreement shall
be construed as a waiver or attempted waiver by the County or the City of their sovereign immunity
as it presently exists under the Florida Constitution and the laws of the State of Florida.
SECTION 9. CONSTRUCTION.
The headings of the sections of this Agreement are for the purpose of convenience only,
and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All
pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter,
singular or plural, as the identity of the party or parties may require. The parties hereby
acknowledge and agree that each was properly represented by counsel and this Agreement was
negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a
legal document shall be construed against the draftsperson shall be inapplicable to this Agreement.
SECTION 10. MERGER; MODIFICATION.
This Agreement incorporates and includes all prior and contemporaneous negotiations,
correspondence, conversations, agreements or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements, or understandings of any
nature whatsoever concerning the subject matter of the Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior or contemporaneous representations or agreements, whether oral or written, unless
the provisions of the parol evidence rule applies.
SECTION 11. GOVERNING LAW, VENUE.
This Agreement, including all attachments hereto, shall be construed according to the laws
of the State of Florida. Venue for any lawsuit brought by either party against the other party or
otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event
of federal jurisdiction, in the United States District Court for the Southern District of Florida.
SECTION 12. CONFLICT.
To the extent of any conflict between this Agreement and any existing City or County
agreement, this Agreement will be deemed to be controlling. This Agreement is not intended to
amend or repeal any existing City or County ordinance.
SECTION 13. SEVERABILITY.
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If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such section,
subsection, sentence, clause, phrase, or portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining portions of
this Agreement.
SECTION 14. RECORDATION.
This Agreement shall be recorded in the Office of the Circuit Court in Indian River County.
The City shall share bear the costs of recordation of this Agreement.
SECTION 15. EFFECTIVE DATE.
This Agreement will become effective upon its filing with the Clerk of the Circuit Court of
Indian River County, Florida, as required by Section 163.01 (11), Florida Statutes.
APPROVED this 13th day of ImLa y , 2026
INDIAN RIVER COUNTY, a�f�1%• •.
subdivision of the State Fk'j �a%
By:
Deryl Loar, Chairman :oQ
..,;qG.i :� rte _ •-�,;:
ATTEST: Ryan Butler,
Clerk of Court and Comptroller
By:
Deputy Cle
AP;okhn
By:( /
Titkanich, County Administrator
Apppv,ed asAu- 9rm and legal sufficiency
Hicks, Assistant County Attorney
CITY OF FELLSMERE, a municipal
corporation created pursuant to the laws of the
State of Florida
By:
L���
Je ica Salgado Mayr F F ,
ATTEST: Maria Suarez -Sanchez
City Clerk
By: FFLOR
APPROV D: /
By: rr
Annando/Marti�f><ez�/ City Manager
Approved as to form and legal sufficiency.
By: 14)awk ev,�,/
Warren Dill, Ci y ttorn
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City of Fellsmere Street Map -10-3-2025
10.5 miles of roads require grading.
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Exhibit "A"
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