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CITYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEM ~. I I BOAl'-..D OF COUNTY CO~~ISSIONEl'-..S PINELLAS COUNTY, FLORIDA DEPARTMENT OF PUBLIC WORKS ~~ R'EllRII"IA~~ FY31'\11 fD '.. rklNE' (e-1 a14~-:f25<",', ~ ., , ~ (' -\ ~ "I .'''''''-,., i'iil._',h 1 ~-' i~iU,.; 90MMISSIONERS JOHN CHESNUT, JR.:. - CHAIRMAN BRUCE TYNDALL- - VICE CHAIRMAN GEORGE GREER CHARLES E. RAINEY BARBARA SHEEN TODD TRAFFIC ENGINEERING , Karch 8, 1988 Kt'.KeitI1Crawford, P.E. DIrector of Traffic EngineerIng City of Clearwater P.O. Box 4748 Clearwater, FL 34618 'Re: Countywide Computerized Traffic Signal System ~ Agreement Pertaining to City of Clearwater Kaintenance and Operation Responsibilities Dear Keith: Enclosed'you will find one sealed and fUlly executed agreement regarding the above subject. We have also enclosed a copy of the Board's action on this matter. This Agreement is forwarded for your_ official file. Should you have any guestions, please do hesitate to give us a call at 462-3198. .~ D. W. Kullis SenioruTraffic Engineer 'Enclosures (2) DWK/ej PWTKEKO:118/2 PINELLAS COUNTY IS AN !=QUAL OPPORTUNITY EMPLOYER ?' I , I v'~ .-' It No. BCC 2/23/88 9:30 A.M. Mitchell #15 AGREEMENTS WITH THE CITIES OF CLEARWATER AND ST. PETERSBURG PERTAINING TO THE CITY MAINTENANCE AND OPERATION RESPONSIBILITIES FOR THE COUNTY- WIDE COMPUTERIZED TRAFFIC SYSTEM - APPROVED FOR EXECUTION County Administrator Fred E. Marquis recommended that the agreements with the Cities of Clearwater and St. Petersburg pertaining to the city maintenance and operation responsibilities for the county- wide computerized traffic system be approved. In his memorandum of February 11, 1988, Mr. Marquis indi- cated, in part, that at the Board's request, individual agreements have been prepared outlining the City of Clearwater's and the City of St. Petersburg's responsibility regarding the countywide computerized traffic system; and that these agreements have been accepted and executed by each of the respective municipalities. Commissioner Todd moved, seconded by Commissioner Greer and carried, that the recommendation of the County Administrator be ~ approved. ~<6 ~' l}:} k .' ~ ~ '. ":.J. I I AGREEMENT FOR MAINTENANCE AND OPERATION OF l.;lTY wwE COMPUTERIZED TRAFFIC SIGNAL SYSTEM THIS AGREEMENT is made and entered into this ::?d /l.,L day of r ~~ ' 1988, by and between PINELLAS COUNTY, a political subdivision of th~ State of Florida, and the CITY OF CLEARWATER, a Florida municipality. WITNESSETH: WHEREAS, Pinellas County (herein, the "County") proposes to spend a portion of the County local option gas tax revenues on the design and installation of a citywide computerized traffic signal system (herein, the "System") serving the City of Clearwater (herein, the "City"); and WHEREAS, the County and the City have determined that it is in the public interest for the City to maintain and operate the System upon the satisfactory completion thereof; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties mutually agree and covenant as fonows: 1. The County shall provide the funding for the design and installation of the System, and shall select, employ and supervise the work of such contractors and professionals as may be necessary for such purposes. As used herein, the "System" includes but is not limited to the computer hardware and software, cable, conduit, traffic signals and appurtenances thereto, necessary to accomplish that portion of the countywide computerized traffic signal system serVing the City, as generally depicted in the schematic drawing attached hereto as Exhibit 1. 2. The City shall be responsible for the maintenance and continuo,us operation of the System or any operable portion thereof upon satisfactory completion of its installation. Completion of installation shall be considered to have occurred upon the joint final acceptance of the contractor's work by the City and County, evidence of which shall be given in writing to the contractor and to each party hereto. The City shall also be responsible for the maintenance and continuous operation of the System or any operable portion thereof during the "burn-in" period between joint conditional acceptance by the City and County and final acceptance except for those responsibilities specifically assigned to the contractor. -1- CLC!.-', Ft1Jd/l~ O~d)37(" Iff:- Q.? 'I..n! (;X .-.: co _c~'~_~~ :,',,- ,-" ,/ ~!"",c:". ':-:,'.C"-"'''':.7.!':':'':7;c'~mj'''f~..:;,:'n:",:::,~,:, ~~~~,",:;'?;~_; Y",,'-;:-'.',~_"'~'::-:>":'.-'~-.'.' "".';'.,-;c-;..'.,'7",- ~ .-.;,_~~r-',1':''''-':'-'''''';~ ~"~""..",,, _,-'...,....".'~<-_"._.. - .'_-C-'_"__~~__,_.,...,........---~"",_..~",,__.,.~.~ '-__,==~-=",",~~=~, '. I I 3. The City shall be responsible for the maintenance and continuous operation of all of the traffic signals that are connected to the System; however, if any of such traffic signals are outside of the corporate limits of the City, the CitY's responsibilities as to any such signals shall be as set forth in separate maintenance agreements for each individual signalized intersection that may be entered into between the County and the City. , 4. The City shall maintain and operate the System in a manner that will promote the safe and efficient movement of highway traffic and pedestrians and that agrees with generally accepted maintenance practices, consistent with the design limitations of the System. 5. The. City shall employ a sufficient number of engineers, analysts, and system operators to properly operate the System, and a sufficient number of qualified traffic signal technicians and electricians to properly maintain the System. 6. The City of Clearwater shall provide the funding for the proper operation and maintenance of the System from within its own funding sources. The City shall not expect to receive any financial assistance from the County local option gas tax revenues for such purposes. However, nothing in this Agreement shall be construed as a pledge by the City of its general revenues or as a bond for which referendum approval is required by the Florida Constitution. 7. This Agreement shall remain in force during the life of the original installed control center equipment. 8. This Agreement is intended solely to define the relationships and duties of each of the parties hereto relative to the other party, and is not intended to and shall not be construed as conferring any right or benefit upon any person not a party hereto. 9. Nothing herein shall be construed as a waiver by either party of any defense or limitation available pursuant to Section 768.28, Florida Statutes, as the same may be amended from time to time. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals the day and year first above written. Countersigned: CITY OF CLEARWATER, a Florida municipality Approved as to form and correctness: ~~ Attest: By: ---.0:.., . By: O^t\~~~ j~,iJ~:> - 2 - .,. ---- , ' " -<~. I I By: Attest: KA.RLE~N F. De BLAKER, CLERK By: /tr. -I( dive J;1~~ Clerk . (Seal) APPROVED AS TO FORM: By: .~,d J.OtHUOJf Cotlnty A:ttomey -3- See Drawings in File