HomeMy WebLinkAboutSeminole County Traffic Signal Maintenance Agreement 2006
SEMINOLE COUNTY - CITY OF WINTER SPRINGS
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
September 5, 2006
2006, 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 the
"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 the "CITY".
WIT N E SSE T H:
WHEREAS, Florida law provides for inter local agreements between
cities and counties for the performance of the respective administrative
and service functions, and Chapter 125,
Florida Statutes, grants
counties broad home rule powers to perform acts in the public interest;
and
WHEREAS, the CITY and the COUNTY recognize that there is a need to
develop a coordinated effort for the repair of traffic signals in order
to facilitate traffic engineering and the safe and efficient flow of
traffic in Seminole County; and
WHEREAS, the CITY and the COUNTY desire to enter into a mutually
beneficial relationship whereby the COUNTY will maintain all traffic
signals owned or partially owned by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, it is hereby agreed as follows:
SECTION 1. RESPONSIBILITIES OF THE COUNTY.
(a)
Maintenance Service.
The COUNTY will provide maintenance
service for all traffic signals owned or partially owned by the CITY
that have been agreed to by the COUNTY through its COUNTY TRAFFIC
ENGINEER.
A specific listing of said traffic signals within the scope
of this Agreement is contained in Exhibit "A", attached hereto and
incorporated herein by reference, and hereinafter referred to as the
"Traffic Signals".
The COUNTY will maintain the Traffic Signals to the
extent of the COUNTY's capability (in terms of ordinary maintenance and
repair) and will charge the CITY an Annual Maintenance Fee for said
services. Further, the COUNTY shall seek additional compensation from
the CITY for costs it incurs above and beyond normal routine
maintenance, to include, but not be limited to:
mast arms, controller
and/or cabinet replacement, emergency preemption (Opticom) equipment,
video and loop detection equipment, etc.
not exceed actual cost to the COUNTY.
(b) Changes to Inventory of Traffic Signals Subject to this
Agreement. The parties agree that the COUNTY TRAFFIC ENGINEER, wi thin
These additional costs will
his/her discretion, may acknowledge additions of new signals or
subtractions of signals to/from the inventory of Traffic Signals subject
to this Agreement as contained in Exhibit "Au.
As such, the CITY may
request that a traffic signal be added to or subtracted from this
Agreement by making such request in writing directly to the COUNTY
TRAFFIC ENGINEER at the address listed in Section 8 of this Agreement.
Such acceptance of responsibility for the maintenance of a new traffic
signal or for the removal of a traffic signal from the inventory of
Traffic Signals as contained in Exhibit "AU will not be effective until
the CITY receives a written notification of such acceptance of addition
or removal from the COUNTY TRAFFIC ENGINEER.
The CITY and COUNTY agree
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SECTION 3. CALCULATION OF NORMAL ROUTINE MAINTENANCE CHARGES.
(a) Normal Routine Maintenance. Both parties agree that the CITY
shall pay COUNTY a flat Annual Maintenance Fee for normal routine
maintenance services.
(b) Annual Maintenance Fee Calculation.
(1) Both parties agree that the Annual Maintenance Fee shall be
based on the following:
The calculated total costs to
maintain all of the signals in the County as documented and
tracked
by
our
computerized
work
management
system
(Maintstar) will be divided by the total number of signals in
the County to arrive at an average per intersection cost.
This average cost will be the fee charged to each city and
shall be calculated each year, based on actual cost averages
from the previous year. An amount equal to ten (10) percent
of full signal maintenance cost calculated above shall be
added to the amount otherwise arrived at to determine the
amount to be paid by the City in order to cover risks and
other administrative obligations assumed by the County ln
maintaining City traffic signals.
(2) From the effective date of this Agreement, until changed
pursuant to the criteria contained herein,
the Annual
Maintenance Fee for each signal wi thin the scope of this
Agreement shall be as set forth in Exhibit "A" herein, and
shall be increased from time to time at the request of the
County Traffic Engineer with written notice to the CITY.
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SECTION 4. OWNERSHIP OF TRAFFIC SIGNALS.
(a) Statutory Maintenance Responsibilities. Both parties agree
that Chapter 316, Florida Statutes, provides that County and Municipal
governmental entities may place and maintain traffic control devices
wi thin their respective jurisdictions, according to the DOT manual and
specifications therefore.
(b)
Classes of Signals.
Both parties agree that there are seven
classes of signals:
(1 )
Class 1.
Traffic signals located at the intersection of two
state roads.
(2)
Class 2.
Traffic signals located at the intersection of a
state and county road.
(3)
Class 3.
Traffic signals located at the intersection of two
county roads.
(4 )
Class 4.
Traffic signals located at the intersection of a
county and city road.
(5)
Class 5.
Traffic signals located at the intersection of two
city roads.
(6)
Class 6.
Traffic signals located at the intersection of a
state and city road.
(7)
Class 7.
Traffic signals located at the intersection of a
state, a county, and a city road.
SECTION 5. ALLOCATION OF COSTS.
(a)
Adjustment by Class.
The CITY will be responsible for the
Annual Maintenance Fee for regular service and parts, power costs, as
well as any costs above normal routine maintenance as described in
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Section 1 of this Agreement apportioned according to the class of a
particular traffic signal.
(b)
Designation of Class.
The class of each traffic signal
described in column 1 of Exhibit "A" to this Agreement shall be
indicated by corresponding designation in column 2 of Exhibit "A",
attached hereto and incorporated herein by reference.
(c) Cost Percentage Allocation According to Class of Traffic
Signal.
(1)
Class 1, Class 2, and Class 3.
The COUNTY shall pay the
power costs, and the COUNTY shall maintain the traffic signal,
wi thout assessing any Annual Maintenance Fee or any costs above
normal routine maintenance.
(2)
Class 4.
The entity that installed the traffic signal shall
pay the power costs, and the COUNTY and the CITY shall each be
responsible for 50% (fifty percent) of the Annual Maintenance Fee
as well as 50% (fifty percent) of any costs above normal routine
maintenance.
(3)
Class 5 and Class 6.
The CITY shall pay 100% (one hundred
percent) of the power costs and the Annual Maintenance Fee.
Further, the CITY shall pay 100% (one hundred percent) of any
costs above normal routine maintenance.
(4) Class 7. The entity that installed the signal shall pay 100%
(one hundred percent) of the power costs, and the COUNTY and the
CITY shall each be
responsible
for
50% (fifty percent)
shall also pay 50%
of the
(fifty
Annual Maintenance
Fee. The
CITY
percent) of any costs above normal routine maintenance.
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SECTION 6. TERM.
This Agreement shall take effect on August l,
2006, and shall remain in force until terminated pursuant to Section 7,
and all payments are made current by the CITY.
SECTION 7. TERMINATION OF THE AGREEMENT.
(a) Either party may terminate this Agreement, at any time, by
giving the other party thirty (30) days written notice thereof. The CITY
shall not be relieved of its obligation to compensate the COUNTY
pursuant to this Agreement for services rendered up to and including the
date of termination.
(b) Termination of this Agreement by the CITY as to Class 4 and
Class 7 traffic signals shall not relieve CITY of its continued
obligation to remit the designated percentage.
Failure to remit said
percentage of costs may result in disruption of City road access to the
County roads.
SECTION 8. NOTICES.
(a) Whenever either party desires to give notice unto the other,
notice may be sent to:
FOR THE COUNTY
FOR THE CITY
Deputy County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32773
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
With a copy to:
With a copy to:
Seminole County Traffic Engineer
140 Bush Loop
Sanford, Florida 32773
Winter Springs Public Works Director
1126 East State Road 434
Winter Springs, Florida 32708
Either of the parties may change, by written notice as provided herein,
the addresses or persons designated for receipt of notices.
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SECTION 9. 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 10. GOVERNING LAW. The laws of the State of Florida shall
govern the validity, enforcement and interpretation of this Agreement.
Venue for any legal action in connection herewith shall lie only in
Seminole County.
SECTION 11. PARTIES BOUND .
This Agreement is binding upon and
shall inure to the benefit of CITY and COUNTY, and their successors and
assigns.
SECTION 12. CONFLICT OF INTEREST.
(a) The CITY agrees that it will 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%)
ei ther 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.
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(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 shall have the continuing duty to report to the
COUNTY any information that indicates a possible violation of this
Section.
SECTION 13. 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 shall be valid only when expressed in
wri ting and duly signed by both parties,
specifically provided in this Agreement.
except
as
otherwise
SECTION 14. SEVERABILITY.
If any provision of this Agreement or
the application thereof to any person or circumstance lS held invalid,
it is the intent of the parties 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 this Agreement are declared severable.
SIGNATURE BLOCK BEGINS ON PAGE 10
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, ,
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for the purposes stated herein.
ATTEST:
Clerk
CITY OF WINTER SPRINGS
AJ)~
JOHN F. BUSH, Major
By:
~
rJi'l t p: ~\A.~\.2 I o.(Dc) c..--
I n
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
Date:
q -5--0 to
For the use and reliance
of Seminole County only.
As authorized for execution by ~e Board
of County Commissioners at its ~-;2~ ,
2006, regular meeting
Approved as to form and
legal sufficiency.
~tJM,/~ ~
County Attorney
liJl-Ofo
AS\dre
06\09\06
P:\USERS\DEDGE\MY DOCUMENTS\AGT\WINTER SPRINGS TRAFFIC SIGNAL AGREEMENT.DOC
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EXHIBIT "A"
SEMINOLE COUNTY - WINTER SPRINGS
TRAFFIC SIGNAL MAINTENANCE
INTERLOCAL AGREEMENT
The traffic signal(s) covered by this AGREEMENT are located at the
following intersections:
Location
Class
1 SR 419 at Edgemon Dr. 6
2 SR 434 / Vistawilla Drive 6
3 SR 434 / Winding Hollow Blvd. 6
4 SR 434 at Edgemon 6
5 SR 434 at Hayes 6
6 SR 434 at Moss 6
7 SR 434 at Sheoah Blvd. 6
8 Tuscawilla at Trotwood 4
9 Tuscawilla at Winter Springs 4
10 SR 434 / Doran Drive 6
VAR:IABLE CHARGES FOR MAINTENANCE OF TRAFFIC SIGNALS
The following charges for the Annual Maintenance Fee under Section
3 of this Agreement shall be as follows, subject to being increased by
the County Traffic Engineer pursuant to the terms of this agreement:
1. The Annual Maintenance Fee for signal maintenance within the scope
of this AGREEMENT and to be invoiced annually shall be $3,916.00
per signal.
Revised Date: JUly 31, 2006
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