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Contract 2019-90A2019-90A AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN CITY OF CLERMONT, FLORIDA AND LAKE COUNTY, FLORIDA FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS THIS AMENDED AND RESTATED AGREEMENT ("Agreement") is 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", collectively the "parties". RECITALS WHEREAS, the COUNTY operates its own sign shop and has staff who inspect and maintain traffic and street signs; and WHEREAS, signs need to be inspected and repaired or replaced when necessary, and it is in the best interests of both the COUNTY and the CITY to cooperate for these services; and WHEREAS, the CITY and the COUNTY entered into an Interlocal Agreement for Traffic Sign Maintenance and Emergency Repairs on October 6, 2011, whereby the COUNTY agreed to provide traffic sign inspection, assessment, and maintenance services for all traffic signs on CITY - maintained streets ("2011 Agreement"); and WHEREAS, the 2011 Agreement was amended by the parties by way of a First Amendment dated January 9, 2013: and WHEREAS, the 2011 Agreement was subsequently amended by the parties by a second Amendment dated September 9, 2014; and WHEREAS, the COUNTY and the CITY seek to now restate and amend the Agreement between the parties concerning traffic sign maintenance and emergency repairs. 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. 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 1 SADOCUMENM019TUBLIC WORKSWmendments to Sign Maintenance AgreementslSign Maintenance Agr amd_Clennont_8.19.19.docx 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 described in Section 3(C) of this Agreement. D. "Sign Assembly" means a support post and all signs attached to that post. E. "Street Name 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. The following signs are also excluded from this definition and from this Agreement: "No .Parking" signs, parking lot signs, and trail signs. 3. Agreement. The COUNTY and the CITY agree as follows: A. Inspection and Inventory. COUNTY will inspect and inventory all Traffic Signs, Street Name Signs, Stop Signs and Yield Signs on CITY - maintained streets. COUNTY will prepare and provide CITY with a sign inventory for CITY with the information contained in Attachment "A", attached hereto and incorporated herein by reference. The sign inventory will provide a list of the emergency and non -emergency signs that, as determined by COUNTY, require replacement. Each sign in the inventory shall be inspected at least once every twelve (12) months. COUNTY agrees to provide COUNTY a monthly report indicating which sign(s) on CITY - maintained streets, if any, where inspected that month and whether such sign(s) were in need of replacement. B. Repair for Traffic Signs and Street Name Signs. With the exception of Stop Signs and Yield Signs which are addressed in paragraph 3(C) below, COUNTY has no obligation or duty under this Agreement to repair or replace any Traffic Sign or Street Name Sign on a CITY -maintained street unless requested to do so by CITY in writing. If CITY makes a written request for COUNTY to repair or replace a Traffic Sign or Street Name Sign, CITY agrees to pay COUNTY at the rates listed in paragraph 3(F) below. If COUNTY is requested by CITY to repair or replace a Traffic Sign or Street Name Sign, the County agrees to provide the repair or replacement within seven (7) business days of the CITY's request. 2 SADOCUMEN'R2019TUBLIC WORKS\Amendments to Sign Maintenance Agreements\Sign Maintenance Agr amd_C1ermont_8.19.19.docx C. Repair for Stop Signs and Yield Signs. COUNTY agrees to repair and replace Stop Signs and Yield Signs on CITY -maintained streets during the term of this Agreement. COUNTY shall repair or replace any Stop Sign and Yield Sign which becomes deficient for any reason upon becoming aware of such deficiency, whether observed through inspection or upon being notified by CITY. CITY agrees to pay COUNTY at the rates listed in paragraph 3(F) below for these services. COUNTY agrees to 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. When requested by CITY, COUNTY will 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 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, signs and materials to be provided by the COUNTY to the CITY pursuant to this Agreement, the CITY agrees to pay the COUNTY as follows: (i) There shall be a labor charge calculated at the rate of $15.65 per Sign Assembly per year. (ii) If CITY requests COUNTY to repair, replace, or fabricate a sign (including Traffic Sign, Street Name Sign, Stop Sign, or Yield Sign) COUNTY will charge CITY and CITY agrees to pay to COUNTY a rate of $48.04 per sign assembly, plus actual cost of materials. If CITY supplies to COUNTY adequate sign materials, COUNTY agrees not to charge CITY cost of materials received. COUNTY may bill CITY monthly for the rates and costs and will provide a detailed invoice to CITY. 3 S:\DOCUMENT\2019\PUBLIC WORKS\Amendments to Sign Maintenance Agreements\Sign Maintenance Agr amd_Clennont_8.19.19.docx 4. Return of Removed or Replaced Siizns. COUNTY shall promptly return to CITY any Traffic Signs, Street Name Signs, Stop Sign and Yield Sign 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. 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 upon execution of the parties and shall automatically terminate on September 30, 2020 ("termination date"). On September 30, 2020, this Agreement will be considered terminated and COUNTY will have no further obligation under this Agreement. Within forty-five (45) days of this termination date, CITY shall pay to COUNTY any balance due to COUNTY for work, costs, materials, and services provided to CITY by COUNTY under this Agreement. 7. Assignment. Neither party may assign this Agreement without the express, prior, and written consent of the other party. 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, addressed as follows: COUNTY Lake County Manager 315 W. Main Street P.O. Box 7800 Tavares, Florida 32778 CITY Clermont City Manager 685 W. Montrose Street Clermont, Florida 34711 9. Entire Agreement. This document embodies the entire agreement between the parties, and that neither party has made any statement, promise or agreement, or taken upon itself 4 SADOCUMENT12019TUBLIC WORKMAmendments to Sign Maintenance Agreements\Sign Maintenance Agr amd_C1etmont_8.19.19.docx any engagement whatsoever that it is not fully capable of honoring to its fullest. 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. AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN CLERMONT & LAKE COUNTY FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS 2019 10. 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. 11. Prior Agreements. All other agreements, whether oral or in writing, including the 2011 Agreement, between the parties regarding traffic sign maintenance and emergency repairs will be considered terminated as of the effective date of this Agreement. IN WITNESS WIIEREOF the parties hereto have made and executed this Amended and Restated Interlocal Agreement on the respective dates under each signature: Lake County, Florida, through its Board of County Commissioners, signing by and through its Chairman, and the City of Clermont, Florida, through its Mayor. CITY CITY OF CLERMONT, FLORIDA Gail L. Ash, Mayor This _e_ day of , 2019. AT ESTn Tracy Ackroyd Howe, City Clerk Appro e"s form and legality: Daniel F. antzaris, City Attorney S:IDOCUMENT\2019TUBLIC WORKS\Amendments to Sign Maintenance Agreements\Sign Maintenance Agr amd_C1ennont_8.19.19.docx AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN CLERMONT & LAKE COUNTY FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS_2019 COUNTY BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA Leslie C mpione, Chairman S f' This �2-11ay of 0- .uL , 2019. A- S '~ Gary�i. ❑on ; Cler Board omm' sioners of Lake C ty, Florida Approved as to form and legality: U Melanie Marsh, County Attorney 6 SADOCUMEN712019TUBLIC WORKSUrnendments to Sign Maintenance AgreementslSign Maintenance Agr amd_Clermont_8.19.19.docx ATTACHMENT "A" Si Inventon Includes: o 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 material 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 suggested make repairs or replacements. Street Name Sign Fabrication PriciLig: Size: 9' x 24", 30", 36", 42", 48", or 54" Type: Two signs single faced back to back will be considered one street name sign Number: Usually two street name signs per location Pricing: $48.04 per sign plus cost of materials 7 SADOCUMENT12019\PUBLIC WORKS1Amendments to Sign Maintenance Agreements\Sign Maintenance Agr amd_Clermont _8.19.19.docx