2011-67 INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF CLERMONT, FLORIDA
AND
LAKE COUNTY, FLORIDA
FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS
THIS AGREEMENT is made and entered into by and between the City of Clermont,
Florida, a municipal corporation organized under the laws of Florida, hereinafter referred to as
"CITY ", and Lake County, Florida, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY ".
RECITALS
WHEREAS, the COUNTY and the CITY are authorized to enter into this Agreement by
Sections 125.01 and 125.0101, Florida Statutes, which permit the COUNTY to enter into
agreements with other governmental agencies for the performance of governmental functions by
one unit on behalf of the other, and to enter into contracts to provide services to municipalities;
and
WHEREAS, Section 163.01, Florida Statutes, entitled the "Florida Interlocal
Cooperation Act of 1969 ", authorizes public agencies to enter into agreements to make the most
efficient use of their powers, and enables them to cooperate with other localities in order to
provide services and facilities; and
WHEREAS, the COUNTY operates its own sign shop and has staff who inspect and
maintain traffic signs;
WHEREAS, traffic signs need to be inspected regularly and repaired and replaced when
necessary, and it is in the best interests of both the COUNTY and the CITY to develop a
coordinated program for the inventory and assessment of traffic signs to facilitate the CITY's
compliance with the Manual on Uniform Traffic Control Devices, and to promote the safe and
efficient flow of traffic in and about Lake County;
NOW, THEREFORE, in consideration of the foregoing recitals, promises and mutual
covenants contained herein, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein.
2. Purpose. The purpose of this Agreement is for CITY to obtain traffic sign
inspection, assessment and maintenance services for all traffic signs on CITY - maintained
streets from the COUNTY, and for CITY to secure COUNTY's on -call services for
emergency and non - emergency repair work to stop and yield signs.
3. Definitions. As used in this Agreement:
A. "Deficient Sign" means a sign that does not meet the minimum
retroreflectivity requirement, or a sign that is missing, damaged or vandalized.
B. "Deficient Sign Assembly" means that the support post holding a sign or signs is
damaged and must be reinstalled or replaced, or that one or more of the signs on
the support post do not meet the minimum retroreflectivity requirement, or that
one or more of the signs on the support post are missing, damaged or vandalized.
C. "Emergency Repair" generally means work required to remedy any
condition that impairs the functionality and/or visibility of a "stop" or "yield"
sign, and specifically means work performed under the accelerated time frame
descnbed in Section 4.C. of this Agreement.
D. "Sign Assembly" means a support post and all signs attached to that post.
E. "Street Sign" means a sign indicating the name of a street, as opposed to a traffic
or directional sign.
F. "Traffic Sign" means a sign that controls traffic and that is referenced in the
Manual on Traffic Control Devices (MUTCD) and the Florida Department of
Transportation (FDOT) Design Standards manual. Non - standard signs not
referenced within or recommended by the MUTCD or FDOT Design Standards,
including but not limited to decorative signs, novelty signs such as `Slow -
Children at Play', `Deaf Child Area', `Blind Child Area', and advertising signs,
shall not be considered Traffic Signs for purposes of this Agreement.
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4. COUNTY Obligations. COUNTY agrees as follows:
A. Inspection, Inventory and Initial Repair or Replacement Phase. COUNTY
shall inspect and inventory all Traffic Signs on CITY - maintained streets. During
the initial inspection and inventory, should COUNTY find a Deficient Traffic
Sign, COUNTY shall repair or replace it. COUNTY shall prepare and maintain a
sign inventory for CITY with the information contained in Exhibit "A ", attached
hereto and incorporated herein by reference. It is anticipated that the inspection,
inventory, and initial repair or replacement phase will take approximately twelve =
(12) months.
B. Maintenance Phase. During or after the inspection, inventory and initial repair
or replacement phase, COUNTY shall continue to maintain all of the Traffic
Signs in the inventory. Each sign in the inventory shall be inspected at least once
every twelve (12) months. COUNTY shall repair or replace any Traffic Sign
which becomes deficient for any reason upon becoming aware of such deficiency,
whether observed through inspection or upon being notified by CITY. Unless an
emergency descnbed in Section 4.C. below exists, such repair or replacement
shall take place within seven (7) days from COUNTY becoming aware of the
need for repair or replacement. COUNTY shall maintain and update the
inventory by adding any new signs or deleting any signs no longer within the
CITY's jurisdiction.
C. On -Call Emergency Repair for Stop and Yield Signs. COUNTY shall
provide CITY a twenty -four (24) hour point of contact, to include name and
phone number, who may be contacted by CITY at any time for Emergency Repair
to "stop" and "yield" signs. COUNTY shall respond to emergency calls within a
maximum of three (3) hours, with response time within one (1) hour by phone to
the CITY designated representative and with COUNTY staff on -site within two
(2) hours after telephone contact, except when compliance with any government
law or regulation, acts of nature, fires, strikes, national disasters, wars, riots,
transportation problems and/or any other cause whatsoever beyond the reasonable
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control of the COUNTY renders such timely performance impossible. In such
case, COUNTY shall respond to such emergency call as soon as possible.
D. MUTCD Compliance and Standards. All work performed by the
COUNTY shall be performed in accordance with the most current MUTCD
manual, and in compliance with standards promulgated by the State Department
of Transportation and the Florida Statutes.
E. Qualified Employees. The COUNTY shall provide qualified employees and
materials to perform all tasks and work under this Agreement.
F. COUNTY Charges for Service. For the services to be provided pursuant
to this Agreement, COUNTY shall be paid the following amounts:
(i) There shall be a charge for labor calculated at the rate of Ten Dollars and
08/100 ($10.08) per Traffic Sign Assembly per year. COUNTY shall only
be paid for Traffic Sign Assemblies within the current inventory. Each
month the COUNTY shall bill the CITY for labor at the rate of eighty four
cents ($0.84) per Sign Assembly listed in the current inventory. As signs
are added to or removed from the inventory, the billing shall be adjusted
accordingly.
(ii) There shall be a charge for the actual cost to COUNTY for all materials
needed for repair or replacement of Traffic Signs. COUNTY shall bill
CITY monthly for such materials and shall provide a detailed invoice to
CITY for such costs.
(iti) There will not be any other charges to CITY for labor or emergency call
labor.
G. Return of Removed or Replaced Signs. COUNTY shall promptly return to
CITY any Traffic Signs, regardless of their condition, it removes and replaces.
5. CITY'S Obligations.
A. Payment. The CITY agrees to promptly review all invoices transmitted by the
COUNTY and to remit payment within thirty (30) days of receipt.
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B. Changes to Inventory. The CITY shall provide the COUNTY with
information regarding the installation of new signs, removal of existing signs, or
removal of existing signs from the CITY's jurisdiction, during the period of this
Agreement.
C. Additional Costs to CITY. The CITY acknowledges that the COUNTY is using
its own, existing equipment, software and database for purposes of creating and
maintaining the inventory contemplated herein. The CITY agrees that if the
CITY wants its own digital copy of the database at any point during the term of
this Agreement, the CITY will obtain the necessary software at its sole cost.
COUNTY agrees to provide paper copies to CITY upon request if CITY so
desires, with CITY paying the copy costs for such work.
6. Term of Agreement. This Agreement shall become effective on October 1, 2011 and
shall remain m full force until terminated by either party pursuant to the provisions
below:
A. Written Notice of Termination: Either party may terminate this Agreement
without cause by providing written notice to the other one hundred and eighty
(180) days prior to termmation.
B. General Termination Terms: Notice of termination shall be sent to the
addresses shown below, and shall be considered properly given as of the date
received. However, notice of termination, regardless of the party initiating, shall
not relieve the CITY of its obligation to fully compensate the COUNTY for all
services rendered by the COUNTY up to and including the date of termination of
the Agreement. Upon termination of the Agreement by either party, COUNTY
shall transmit to CITY a paper printout of the inventory of Traffic Signs and paper
printouts of all associated data with printing or copy costs paid for by CITY,
unless the CITY has obtained its own software and database capabilities pursuant
to Section 5.C. of this Agreement, in which case the COUNTY shall transmit to
CITY the electronic data itself at no cost to CITY.
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7 . Assignment. No assignment or other transfer of the COUNTY responsibilities under this
Agreement shall be made or granted by COUNTY without the express, prior, and written
consent of the CITY, and without amending or terminating this Agreement, as necessary.
8. Notices. Wherever provision is made in this Agreement for the giving, serving or
delivering of any notice, statement, or other instrument, such notice shall be in writing
and shall be deemed to have been duly given, served and delivered, if delivered by hand
or mailed by United States registered or certified mail or sent by facsimile, addressed as
follows:
COUNTY CITY
Darren Gray, County Manager Wayne Saunders, Clermont City Manager
315 West Main Street, Suite 308 685 W. Montrose St., 3` Floor
Post Office Box 7800 Clermont, FL 34711
Tavares, Florida 32778 -7800
With a copy to: With a copy to:
Jim Stivender Preston Davis, Public Services Director
Director, of Pubhc Works City of Clermont Public Services Dpt.
P.O. Box 7800 400 12 Street
Tavares, FL 32778 -7800 Clermont, FL 34711
and
Dennis Warren, Roads Superintendent
Lake County Road Operations Division
P.O. Box 7800
Tavares, FL 32778 -7800
9. Entire Agreement. This document embodies the entire agreement between the parties.
It may not be modified or terminated except as provided herein.
10. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate
the remaining provisions.
11. Modification. No modification, amendment or alternation of the terms or conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
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Agreement between Lake County and the City of Clermont for Traffic Sign Maintenance and Emergency Repairs
IN WITNESS HERETO, the parties to this Agreement, by their signatures, have caused
this Agreement and all its parts to be fully executed this 1 day of t c , 2011.
COUNTY
ATTEST: LAKE COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
R i
'0 ° k
ly Jei ifer
per .o he : oar ' Co ty • airm.
_CorAmiss oners of ounty, Florid /,,
This (.' day of (9 Cf , 2011
Approved as to form and legality:
10
Sanford A. Minkoff
County Attorney
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Agreement between Lake County and the City of Clermont for Traffic Sign Maintenance and Emergency Repairs
CITY
ATTEST: CITY OF CLERMONT
'llarAJOAL i4
:%
Tracy Ackroyd, City Clerk a'Tuurville, Jr., Mayor
This / day of � e,p 2011
Approved as to form and legality:
41 01k i
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EXHIBIT "A"
Scope of Services
Sign Inventory Includes:
Field Work:
• Record sign information
o Record location, road ahead, road back, travel direction, side of the road
o Record setback and height
o Record sign legend
o Record sign size
o Record sign sheeting matenal
o Record post type and size
o Assign and attached support number
o Assign sign ID
o Record sign retroreflectivity reading
o Take Picture
o Assess condition, assess compliance with MUTCD and make repairs or replacements.
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