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HomeMy WebLinkAboutSeminole County Interlocal Traffic Signal Maintenance CT/'{I.,.I:,;f, ;,j},:'~)'::,' :,~,[;'S!)!~i. f () ;::0 S . ::: i~_ / 89 Hr.!? 29 PI1' 1+: 09 ,', ..'.,-- ,THIS INTERLOCAL AGREEMENT is entered into on the' d-.o'f4.. day C Lt i' :-\ !:'j i j r i' B/i[~LEo(~O~F~_c:.J!1/?/.'_c;; , 1989, between SEMINOLE COUNTY, a political SEMINOLE COUNTY ~ WINTER SPRINGS TRAFFIC SIGNAL MAINTENANCE INTERLOCAL AGREEMENT subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereaftet the referred to as the "COUNTY", and the CITY OF ~INTER -SPRINGS, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs; Florida 32708, hereinafter referred to as the "CITY." WIT N E SSE T H: WBERBAS, the CITY and the COUNTY recognize that there is a need to develop a coordinated effort for the repair of traffic signals; and WHEREAS, the CITY and the COUNTY desire to enter into a , mutually beneficial relationship whereby the COUNTY will maintain certain traffic signals installed by the CITY at a cost basis; and WHEREAS, Florida law provides for inter local agreements between cities and counties for theperforman~e of the respective administrative and service functions, NOW, THEREFORE, in consideration of the mutual covenants herein contained, .it is hereby agreed ~s follows: SECTION 1. RESPONSIBILITIES OF THE-COUNTY. (a) Maintenance Service. The COUNTY will provide main- tenance service for certain, traffic signals installed by the CITY. A specific listing of the traffic signals within ,the scope of this Agreement is contained in column 1 of Exhibit "An, which is attached hereto and incorporated herein by reference. The COUNTY will maintain the traffic signals to, the extent of the COUNTY's capability (in terms of 6rdinary repair and availability of parts). Both parties agree that in the event of major damage to the signal controller and such damage is beyond the COUNTY's ability to repair, it may be necessary to either: 1 (1) Remove the controller and place the signal in temporary flashing mode until the said controller can be repaired elsewhere; or (2) Replace the controller with a back-up unit. In the event the said controller needs to be repaired elsewhere or replaced, CITY agrees to reimburse the COUNTY for all costs of such major repair or replacement, to the extent of the CITY's responsibility for payment of costs as more fully described in Section 5,of this Agreement. (b) Maintenance Standards. The ,traffic signals will be maintained in accordance with the most current repair manual promulgated by the State Department of Transportation pursuant to Se6tion 316.0745, Florida Statutes. (c) Request for Payment. The COUNTY agrees to send requests for payment for the labor component of its charges two (2) times per year. Such requests for payment shall be made in March and September of each year. Requests for payment for the parts components of the services provided herein shall be billed on a quarterly basis. SECTION 2. RESPONSIBILITIES OF THE CITY. (a) Payment. 'l'he CITY agrees to pay for the services provided by the COUNTY on a materials cost, (hereinafter referred to as "PARTS COMPONENT"), and service cost ('hereinafter referred to as "SERVICE COMPONENT") basis. (b) Time. The CITY agrees to honor all requests for payment within thirty (30) days of a request for payment. SECTION 3. CALCULATION OF CHARGES. (a) PARTS COMPONENT. Bo th par ties agree that the PARTS COMPONENT of the charges levied by the COUNTY for services within the scope of this Agreement shall be calculated from the actual cost of the materials used in the repair of the traffic' signals, and that such PARTS ,COMPONENT shall vary with each traffic signal within the scope of this Agreement dependi~g on the amount of repairs don'e. 2 ( b ) S E R V ICE COM P 0 N EN T . Both par tie sag r e e t hat the SERVICE COMPONENT of the charges shall be based on a fractional percentage of the salary of a Senior Signal Technician and the cost of appropriate vehicles. One technician can only maintain fifty (50) traffic signals with an acceptable level of service p~rsuant to the Institute of Transportation Engineers' Standards, hereinafter referred to as the "ITE." (c) Salary Adjustments. Both parties agree that the starting salary of appropriate Senior Signal T~chnician may be increased by the COUNTY's Board of County Commissioners. If the salary. is increased, the underlying assumptions heretofore expressed shall be rendered invalid. If the starting salary ofa Senior Signal Technician is increased, the costs per year/per signal shall be automitically increased in order to compensate for the said salary increase. (d) Vehicle Cost Increases. Both parties agree that if the purchase price or the useful life of a new vehicle differs from those used at the time of execution of this Agreement, the assumptions underlying the SERVICE COHPONENT shall be rendered inval id. Both par ties ag ree tha t should the pil rchase p rice 0 r the useful life of said newly purchased appropriate vehicles differ from those in service at the time of execution of this Agreement, that the vehicle cost component of the SERVICE COHPONENT will be automatically adjusted in order to reflect said changes. Both parties further agree that the determination of a vehicle"suseful life shall be within the sole discretion of the COUNTY. (e) Charges. Both parties agree that fro'm effective date Agreemen,t until changed, pursuant to the criteria of this contained herein, the SERVICE COHPONENT of the yearly charge for each signal for signal maintenance within the scope of this Agreement shall be: FIVE HUNDRED NINETY-ONE AND NO/IOO DOLLARS ($591.00) per signal, per ,year. 3 SECTION 4. ADJUSTMENTS IN THE COSTS PER SIGNAL PER YEAR BASED ON LOCATION OF THE SIGNAL. (a) Statutory Naintenance Responsibilities. Both parties agree that Chapter 316, Florida Statutes, regulates the rnain- tenance responsibilities of the various governmental entities primarily responsible for traffic signal maintenance. (b) Classes Of Signals. Both parties ag~ee ,that the percentage responsibility indicated by Chapter 316, shall not be altered by this Agreement. Consequently, there are seven (7) classes of traffic signals, to wit: ( 1 ) Class 1- Traffic signals located at the intersec- tion of two State roads. ( 2 ) Class '2. Traffic signals located at the intersec- tion of a State and county road. ( 3 ) Class 3. Traffic signals located at the intersec- tion of two county roads. ( 4 ) Class 4. Traffic signals located at the intersec- tion of county and city roads. ( 5 ) Class 5. Traffic signals located at the intersec- tion of two city roads. ( 6 ) Class 6. Traffic signals located at the intersec- tion of a State and a city road. ( 7 ) Class 7. Traffic signals located at the intersec- tion of a State ,and a county and a city road. SECTION 5. ADJUSTMENT OF MAINTENANCE RESPONSIBILITY PURSUANT TO CLASS OF TRAFFIC SIGNAL INVOLVED. (a) Adjustment By Class. The flat rate charge for the SERVICE COMPONENT of the, charges for maintenance services furnish,ed by the COUNTY within the scope of this Agreement and the PARTS COMPONENT of the charges for repair services within the scope of this Agreement may be adjusted depending on the class of a particular traffic signal. (b) Determination Of Class. The class of each traffic signal described in, Column 1 of Exhibit "A" to this Agreement shall be indicated by a corresponding designation letter (A-Z) in Column 2 of Exhibit "A", which is attached hereto and incor- porated herein by reference. 4 (c) Schedule Of Adjustment Vis-A-Vis Class Of Traffic Signal. (1) Class 1. The COUNTY shall pay the power costs, and the COUNTY shall maintain the traffic signal, pursuant to an agreement with the State. (2) Class 2. The COUNTY shall pay the power costs, and the COUNTY shall maintain the traffic signal, pursuant to an agreement with the State. (3) Class 3. The COUNTY shall pay the power costs, and the COUNTY shall maintain the traffic signal, pursuant to an agreement with the State. (4) Class 4. The entity who installs the signal shall pay the power costs, and the COUNTY and the CITY shall each share fifty percerit (50%) of the maintenance costs, pursuant to this Agreement. (5) Class 5. The CITY shall pay one hundred percent {100%) of the power ~osts, and the CITY shall pay one hundred percent (100%) of the maintenance costs, pursuant to the terms of this Agreement. (6) Class 6. Th e CITY shall pay one hund red pe rcent (100%) of the power costs, and the CITY shall pay one hundred percent (100%) of the maintenance costs, pursuant to the terms of this Agreement. ( 7 ) Class 7 . The entity who . ins t a II's the signal shall pay one hundred percent (100%) of the power costs, and the COUNTY and the CITY shall each share fifty percent (50%) of the maintenance costs, pursuant to this Agreement. SECTION 6. TERM. This Agreement shall take effect on October 1, 1988, and shall remain in force until terminated. SECTION 7. TERMINATION OF THE AGREEMENT . Either party may cancel this ,Agreement at any time, by giving the other party thirty (30) days' written notice thereof. In the event of termination under this section, the CITY shall not be relieved of its obligation to compensate the COUNTY for services rendered up to and including the date of termination, nor shall the CITY be relieved of its obligations under Sections 9 and 11 of this Agreement. 5 SECTION 8. NOTICES. Whenever either party desires to give notice unto the other, notice may be sent to: FOR THE COUNTY Steve Decker, Traffic Engineer 280 Bush Boulevard Sanford, Florida 32773 FOR THE CITY Dick Rozansky, City Manager 1126 E. SR 434 Winter Springs, Florida 32708 Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. SECTION 9. INDEMNIFICATION. The CITY shall indemnify for and save the COUNTY harmless from and against all liability, claims for damages, arid 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 in any act or omission in any manner related to said services irrespective of negligence, actual or claimed, upon the part of the COUNTY, itscommi~~ioners, officers, agen~s or employees. This Agreement by CITY to indemnify and ,hold the COUNTY harmless shall include all charges, expenses and costs, including reasonable attorneys' fees, both at trial and on appeal, incurred by the COUNTY on account of or by reason of such injuries, damages, liability, claims, suits or losses and on damages growing out of same. SECTION 10. 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 and negotiations between the parties relating to the subject matter hereof as well as any previous agreements pres~ntly in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 11. AGENCY RELATIONSHIP. Both parties agree that the COUNTY will perform the ,duties required under the terms 6 // ~/ ./ of this Agreemerit without the intent of reaping a financial gain, and that the charges for services rendered pursuant to the terms of this Agreement do not include an II insurance cost" or a "risk component." The parties further agree that the COUNTY shall be considered the Agent of the CITY in the performance of the duties contained herein, and that this Agreement creates an agency relationship. SECTION 12. SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circum- stance is held invalid, it is the intent of the COUNTY that the invalidity shall not 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 th1s Agreement are declared. severable. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. ATTEST.: CITY OF WINTER :h t{ /uri -,r , M'ARY 1ffiRTON~ity Clerk' ATTEST: ~N!~~ tferA to ~~:S:oard of County Commissioners of Seminole County, Florida. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: SANDRA S. GLENN Chairman' Date:, ~CJ./%/ For the use and reliance of Seminole County only. ~ DGA/lf 10/14/88 DGA/tmt 10/19/88 As authorized ~or execution by the Board of County Commis- sioners at their ,;.n~~ /~ , 19~, regular meeting. "7 ......~ COLUMN 1 COLUMN 2 LOCATION OF TRAFFIC SIGNALS WITHIN THE SCOPE OF THIS AGREEMENT SIGNAL CLASS AS SPECIFIED IN SECTION 5 OF THIS AGREEMENT A. SR 434/Edgemon B. SR 434/Sheoah Blvd. C. SR 434/Moss D. SR 434/Hayes E. TuscawillajWinter Springs F. Tuscawilla/Trotwood A. 6 B. (; C. 6' ,D. 6 ' E., 4 F. 4 EXHIBIT "A" TO SEMINOLE COUNTY - WINTER SPRINGS TRAFFIC SIGNAL MAINTENANCE INTERLOCAL AGREEMENT DATED: , 19