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2013-67 r INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND THE CITY OF CLERMONT FOR TRAFFIC SIGNAL MAINTENANCE This Interlocal Agreement is made by and between Lake County, Flonda, a political subdivision of the State of Florida, hereinafter the "County," and the City of Clermont, a municipal corporation organized under the Laws of the State of Florida, hereinafter the"City," for traffic signal maintenance. WHEREAS, Section 163.01, Flonda Statutes, known as the Flonda Interlocal Cooperation Act of 1969, allows a public agency to exercise jointly with other public agencies any power,privilege or authority which such agencies share in common; and WHEREAS, Section 125.01(p), Florida Statutes, authonzes the County to enter into agreements with other governmental agencies for performance of one unit on behalf of the other any of either agency's functions; and WHEREAS, on December 18, 2001, the parties did enter into an Interlocal Agreement for Traffic Signal Maintenance; and WHEREAS,the parties now desire to replace the existing agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, premises, covenants and payment hereinafter set forth, and intending to be legally bound, the parties hereby agree as follows. 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Effective Date. This agreement shall become effective on October 1, 2013. 3. Term. This agreement shall have a term of seven (7) years from the effective date. This agreement shall thereafter renew annually until otherwise terminated in accordance herewith. 4. County Obligations. A. The County will provide traffic signal maintenance, both planned and emergency for those signals identified in Exhibit A, attached hereto and incorporated herein by reference. Maintenance shall be in accordance with the most current repair - 1 - 2013/Road Ops/Traffic Signal Maintenance Interlocals/Clermont 6-19-13 manual, and in compliance with standards promulgated by the State Department of Transportation pursuant to Section 316.0745, Florida Statutes. Additional devices may be added throughout the term of this Agreement by written memorandum executed by the County Manager or designee, and by the City Manager or designee. B. The County will provide qualified employees to perform the maintenance needed, and will ensure that such qualified employees will be available at all times, day and night, and will maintain emergency response vehicles for use in performing emergency tasks. C. In the event of major damage to the signal or its component parts which is beyond the County's ability to repair at the scene, the County shall have the option of restoring traffic control by switching the intersection to temporary flash mode until the equipment can be repaired or replaced. D. In the event of damage of a catastrophic nature, or in the event of traffic signal, beacon, warning flasher or school flasher, rebuild or repair, which is deemed to be beyond the County's maintenance capability, the County will employ the services of a contractor to effect the repairs. Selection of a contractor shall be at the County's sole discretion. 5. City's Obligations. A. The City shall pay to the County the annual amount of $2,138.54 per signalized intersection and $534.67 per flashing beacon, warning flasher or school flasher intersection to cover the cost of maintenance, including parts and labor, to be billed annually. Such monies shall be remitted within thirty (30) days of receipt of an annual invoice from the County. The annual amount shall include monthly signal inspections, annual preventive maintenance routines, and planned and emergency maintenance. This amount shall not include repairs catastrophic in nature as set forth in section 4(D) above. The annual amount shall automatically increase by three percent (3%) upon each anniversary date of this Agreement. B. The City shall be responsible for all other operational costs associated with such traffic signals, beacons, warning flashers, school flashers, or flashing beacons, including but not limited to electricity. C. The City shall reimburse the County for all charges levied by the County's contractor retained in accordance with section 4(D) above. The County will bill the City for these repairs at its cost and the City shall reimburse the County immediately upon receipt of such invoice. D. The City shall provide to the County information regarding the installation of any new signals, beacons, warning flashers, or school flashers during the annual period, including signals, beacons, warning flashers or school flashers contained within any area annexed by the City. Such information shall be given to the County before - 2- 2013/Road Ops/Traffic Signal Maintenance Interlocals/Clermont 6-19-13 • construction plans are approved, or the annexation is finalized, and the County shall retain the right of review and comment on the construction plans, or proposed annexation. The County shall automatically add such new signals, beacons, warning flashers and-school flashers to this Agreement and the City shall include the new traffic signals, beacons, warning flashers, and school flashers when calculating the amount payable to the County under this Agreement. The amount payable shall be prorated for each traffic signals, beacons,_warning flashers, school'flashers, or flashing beacons as of the date of the device comes on-line, or the date the device is annexed, prior to the annual renewal hereof. 6. Termination. This agreement may be terminated by either party without cause with one hundred twenty(120)days notice to the non-terminating party. 7. 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, addressed as follows. COUNTY CITY Public Works Department Darren Gray do Engineering Director City Manager 437 Ardice Avenue P.O. Box 120219 Eustis, Florida 32726 Clermont, Florida 34712 Notice sent by facsimile transmission shall not be accepted. 8. Entire Agreement. It is mutually agreed that the entire agreement between the parties is contained herein, and that neither party has made any statement, promise or agreement, or taken upon itself any engagement whatsoever that it is not fully capable of honoring to its fullest. 9. Prior Agreements. The previous agreement entered into between the parties dated on or about December 18, 2001 shall be terminated effective September 30, 2013. 10. Severability. If any provision, condition, promise, or part of this agreement is found or held to be invalid, it is the intent of the parties that the remaining provisions are unaffected and will be honored by the parties To this end, the provisions of this agreement are declared severable 2013/Road Ops/Traffic Signal Maintenance Interlocals/Clermont6-19-13 IN WITNESS HERETO, the parties to this agreement, by their signatures, have caused this agreement and all its parts, to be fully executed this day of CI" , 2013. COUNTY ATTEST: LAKE COUNTY,through its BOARD OF COUNTY COMMISSIONERS • Neil ell C ;rk Leslie Campione of th- Bo. d o Coungbb Chairman Commissioners of Lake •County, Florida This day of b( 4O SI 1 C , 2013. Approved as to form . d legality: t� 4 - Sanford A. Minkoff, County Attorney -4- 2013/Road Ops/Traffic Signal Maintenance Interlocals/Clermont_6-19-13 • Interlocal agreement between Lake County, Florida and the City of Clermont for Traffic Signal Maintenance. CITY OF CLERMONT , r r 6, Title: „ a c� . ATTEST: City C erk Approved as to s rm an' legality: ` II 10411 c •o - - 5 - 2013/Road Ops/Traffic Signal Maintenance Interlocals/Clermont 6-19-13 J - Exhibit A City of Clermont Carkgsaph ID Melor Road Sloe Strut A Side Street B Landmark CL-S-001 SR 50 Bloxhe n Ay CL-8-002 SR 50 CR 561112th ST CA-003 SR 50 EAST AV CA-004 8R 50 Mh ST CL-S-005 SR 60 5th.ST CA-006 8R 50 Grand Hwy CL-S-007 US 27 Hooks St CA-008 SR 50 US 27 RAMPS CL-S-011 SR 50 Fee Station f 1 CA-186 SR 50 Oakley Seaver Dr. CL-S-248 Harhwod Marsh Rd Fke Station 62 Fire Sta 2 CA-251 Citrus Tower By Grand Rahway CL-S-276 QWs Tow By North Ridge By CL-S-358 Mrs Tower BY Oakley Seaver Dr. CL-S-053 SR 50 Hancock Rd N Hancock Rd CL-S-055 US 27 Coos Tower By CL-S-061 CR 50tOIdiwy50 North Hancock Rd CL-S-063 US 21 Harwood Marsh Rd Vista Del Lago CL-S-275 US 27 Colo Tourer By Hammock Ridge Rd CL-S-289 Oho Toaer By Hooks St CA-291 Hancock Rd Hooks St CLS•294 US 27 Slaves Rd 'CL-S-296 SR 50 Sandhil View By CL-S-363 Citrus Tower By Steins Rd CL-S-388 Hooks St Exca'kb x Rd CA-095 Gbus Tamer By Johns Lake Rd CL-F-009 US 27 Hooka St NB Flasher(Signal Ahead) CL-F-010 US 27 Hooks St SB Flasher(Banal Ahead) Cl-F-297 Crtrus Toni By Oakley Seaver NB Flasher CL-F-298 Gtrus lowar By Oakley Seaver SB Flasher CL-F-360 North Hancock Rd West Para By SB Flasher CL-F301 North Hancock Rd West Pohl By NB Flasher CL-SF-014 Blount Clermont Elam NB School Flasher CL-SF-015 Bloxam Ciemnont Bern SB School Flasher CL-SF-016 East Ay Cypress Rklge Elan Na School Flasher CL-SF-017 East Ay Cypress Ridge Elem SB School Flasher CL-SF-249 Hancock Rd Windy HS Middle NB School Flasher CAF-250 Hancock Rd Windy Hi HMO SB School Flasher CL-SF-240 Johns Lake Rd ES lost Lake Elem EB School Flasher CAF-236 Jars Was Rd WB lost Lake Elm WB School Flasher CL-SF-297 Hancock Rd East Ridge Hgh NB S SB School Flasher Page 1 -6- 2013/Road Ops/Praffrc Signal Maintenance Interlocals/Clermont 6-19-13