INTERLOCAL AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND DEVICES
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SECTION 1
fflTERLOCAL AGREEMENT FOR
MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND DEVICES
THIS AGREEMENT, entered into on the ~day of ~~Q'
20~, between the BOARD OF COUNTY COMMISSIONERS of Pinellas County, a
political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and
the CITY OF CLEARWATER, a municipal corporation of the State of Florida,
hereinafter called the CITY.
WITNESSETH, That:
WHEREAS, this Agreement is made and entered between the parties pursuant to
Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the COUNTY and CITY have previously executed the Countywide
A TMS/ITS Traffic Signal Interlocal Agreement, herein referred to as the A TMS/ITS
Interlocal Agreement, which authorizes the transfer of traffic control authority and
maintenance responsibilities to the COUNTY for roadways, within the CITY'S
jurisdiction, where construction of A TMS/ITS projects is scheduled, or has occurred; and
WHEREAS, the COUNTY has a need to maintain traffic control signals
and devices within the CITY; and
WHEREAS, the CITY has the knowledge, ability, and IS willing to
provide such maintenance services; and
WHEREAS, the COUNTY and the CITY have determined that it would
be in their best interest to coordinate and cooperate in efforts to maintain traffic
control signals and devices at all given locations in a uniform and systematic
manner.
NOW THEREFORE, the COUNTY and the CITY, in consideration of the mutual
covenants hereinafter set forth, agree as follows:
SECTION 2
SERVICES TO BE PROVIDED BY THE CITY
2.1 The CITY shall provide all maintenance services for traffic control signals and
devices situated within the corporate limits of the CITY located on ITS corridors
established under the A TMS/ITS Interloca1 Agreement or any other signal
designated by the COUNTY irregardless of corporate limits. The CITY will plan
and execute the necessary maintenance activities on existing facilities.
Maintenance activities include malfunction response, breakdown response,
preventive maintenance, and response maintenance. Maintenance services shall be
related to the following events:
1. Malfunction-Any event that impairs the operation without losing the display and
sequencing of signal indications to approaching traffic. Malfunctions include
timing, detector, cable, and other similar occurrences.
2. Breakdown-Any event that causes a loss of signal indications to any or all
phases of traffic approaches. Breakdowns include controller unit, cable, loss of
power failures, and signal lamp burnout, which leave no indication visible.
3. Preventive Maintenance-Checks and procedures to be performed
scheduled intervals for the upkeep of traffic signal equipment.
inspection, cleaning, and record keeping.
at regularly
It includes
4. Response Maintenance-The repair or replacement of failed traffic signal
equipment and its restoration to safe, normal operation.
2.2 The following services are excluded under this Agreement and may only be
performed upon written authorization of the COUNTY and acceptance as an
additional service by the CITY.
1. The replacement of concrete strain poles with steel strain poles or mast arms.
2. Operational changes that incorporate modifications to existing equipment and/or
installation of additional equipment.
3. Maintenance associated with a capital improvement and/or private development
project.
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2.3 The following costs are not included in the lump sum fee described in Section 2.]
and will be performed at the CITY'S prevailing rate at the time the services are
provided:
]. The cost associated with repairs or replacements of equipment damaged due to
an accident.
2. The cost of any repairs or replacements directly related to a disaster.
3. Energy cost to operate a traffic control device (COUNTY will pay energy cost
under provisions of the A TMS/ITS Interlocal Agreement).
4. The cost of repairs to non-standard signal devices.
2.4 COUNTY directed projects that will impact signalization.
]. When the COUNTY contracts for new signal installations it shall be the
responsibility of the COUNTY to ensure the signal meets all applicable
COUNTY, CITY and FDOT specifications and advise the Signal Shop of any
inspection schedules. It shall be the contractor's responsibility to ensure all
signal related items meet said specifications or the COUNTY shall be charged
an hourly rate for CITY forces to perform remedial work to conform to
specifications.
2. Any signal related changes/upgrades shall remain the responsibility of the
contractor working for the COUNTY, or the COUNTY itself, until such time
that the CITY accepts maintenance. If the contractor will not respond, the
COUNTY will be billed hourly for CITY forces to perform remedial work to
the traffic control device so it conforms to applicable COUNTY, CITY and
FDOT specifications.
SECTION 3
COMPENSATION TO THE CITY
3. I The COUNTY agrees to pay the CITY the following fees for providing the above
described services:
I. A lump sum fee, as defined in Appendix A, per year for each Signalized
Intersection including Fire Preemption Devices and Pedestrian Mid-block
signals within the CITY/COUNTY jurisdiction.
2. A lump sum fee, as defined in Appendix A, per year for each School Zone
Beacon, Flashing Beacon, or Warning Flasher.
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3. All other services not defined within this contract will be performed at the
CITY'S prevailing rate at the time the services under this clause are to be
provided.
The above lump sum fee amounts shall escalate on October ] 51 of each year by the
percentage increase in the Consumer Price Index (CPI), All Urban Consumers, Not
Seasonally Adjusted, from the previous year, over the life of this Agreement. The
first CPI escalation increase shall take effect on October] 51 2007.
3.2 The COUNTY shall pay the CITY for ] 00% of the total annual amount due each
year, by March 151. The CITY'S fiscal year begins on October ] 51 and ends on
September 301h. Payments shall be in accordance with the Loca] Government
Prompt Payment Act.
3.3 The initial total annual amount due the CITY shall be calcu]ated based on the signa]
or device locations listed in Appendix A to this Agreement.
3.4 The CITY'S and COUNTY'S performance and payment pursuant to this agreement
are authorized and defined within the A TMS/ITS Interloca] Agreement executed
May] 8, 2006.
3.5 In no event shall the total compensation or payment to the CITY from the
COUNTY exceed $500,000 in any Agreement year.
SECTION 4
GENERAL PROVISIONS
4. I This agreement is not intended to affect ownership of any traffic control signals, or
devices. The COUNTY shall retain responsibility for all traffic control signals or
devices referenced in this Agreement.
4.2 Services to be performed by the CITY under Section 2. I sh;lll be as determined by
the CITY, with no notice required to be given to the COUNTY.
SECTION 5
ADDITIONAL LOCATIONS
The COUNTY Director of Public Works or designee shall be responsible for submitting
an updated Appendix A to the CITY by September] 51 of each Agreement year, detailing
any traffic control signals or devices installed or acquired at additional locations within
the ITS corridors, for which the COUNTY requires maintenance services to be
performed, as required under the A TMS/ITS Inter]oca] Agreement. The amounts in this
Agreement are effective from October] 51 through September 30th for each fiscal year.
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SECTION 6
ADDITIONAL SERVICES
The CITY shall not enter into Additiona] Services that would require additional
compensation from the COUNTY without advance written approval by the COUNTY.
SECTION 7
AGREEMENT TERM
This Agreement shall remain in effect until May ] 8, 20] 6, or for the life of the
A TMS/ITS ]nter]oca] Agreement, beginning with a retroactive date of January] 5" 2007.
This Agreement may be renewed subject to execution of a written renewal agreement
between the COUNTY and CITY. Each renewal period may not exceed (] 0) years.
There is no limit to the number of renewals unless so specified in a subsequent renewal
agreement. This Agreement shall be terminated upon mutua] consent of the parties or by
either party, upon forma] written notice received prior to January] 51 of any calendar year
with termination becoming effective October 151 of the same calendar year.
SECTION 8
MISCELLANEOUS PROVISIONS
8.] Either party upon thirty (30) days written notice may terminate this Agreement if
conditions arise, such as lack of available funding, that dictate it is in the public
interest to terminate.
8.2 This document embodies the whole Agreement of the parties. There are no
promised, terms, conditions, or allegations other than those contained herein and
this document shall supercede all previous communications, representations, and/or
Agreements, whether written or verba], between the parties hereto. This Agreement
may be modified only in writing, executed by all parties. This Agreement shall be
binding upon the parties, their successors, assignees, and legal representatives.
8.3 Each party, without waiving its sovereign immunity, is responsible, to the extent
provided by law, for their own negligence in the performance of the agreement.
8.4 Any amendment to, or modification of, this Agreement or any alteration, extension,
supplement, change of time, or scope of the work shall be in writing and signed by
both parties.
8.5 If any word, clause, sentence, or paragraph of the Agreement is held invalid, the
remainder of this Agreement would continue to conform to the intent of this
Agreement.
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8.6 This Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
8.7 Nothing herein shall be construed to create any third party beneficiary rights in any
person not a party to this Agreement.
SECTION 9
OFFICIAL NOTICE
All invoices or notices required by law or by this Agreement to be given by one (l) party
to the other, shall be in writing, and shall be sent to the following respective addresses:
l. COUNTY: Director of Financial Services & Contracts
Pinellas County Department of Public Works Administration
440 Court Street
Clearwater, FL 33756
2. CITY/TOWN: Traffic Operations Manager
100 S. Myrtle Avenue
P.O. Box 4748
Clearwater, FL 33756
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SECTION 10
TN WITNESS WHEREOF, the parties hereto have caused these present to be executed by
their duly authorized officers, and their official seals hereto affixed, the day and year first
above written.
~J.T~lr
PTNELLAS COUNTY, by and through its
Bo r f County Commissioners
By: William B. Horne II
Title: City Manager
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WITNESB:
ATTEST:
APPROVED AS TO FORM:
ByJiUi
Office of City Attorney
Pamela K. Akin, City Attorney
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Countersigned:
By: ~~F~
~ V. Hibbard, Mayor
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APPENDIX B
Annual Traffic Signal Rates
Per Location
Locations With Complete LED Installation. Including Pedestrian Indicators
Fully Signalized Intersection
Pedestrian Mid-block Signal
Fire Preemption signal
$ 3,010
$ 3,0]0
$ 3,0]0
Location Without Complete LED Installation
Fully Signalized Intersection
Pedestrian Mid-block Signal
Fire Preemption Signal
$ 3,270
$ 3,270
$ 3,270
Additional Costs
Per Location
Flashing Signal-School, Pedestrian, or Warning $ 379
Fire Preemption Devices at a Fully Signalized Intersection $ 379
Red Light Running Devices at a Signalized Intersection $ 26]
Talking Pedestrian Features $ 522
Countdown Pedestrian Features $ 26]
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