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Contract 2020-111A#2020-111-A INTERLOCAL AGREEMENT BETWEEN CITY OF CLERMONT AND LAKE COUNTY FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS THIS INTERLOCAL 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'. BEQTALS 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 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 and street 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; and WHEREAS, the CITY and the COUNTY entered into an lnterlocal 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, on November 21, 2019, the COUNTY and the CITY entered into an Amended and Restated Interlocal Agreement for Traffic Sign Maintenance and Emergency Repairs that provides limited obligations on the COUNTY related to CITY stop signs and yield signs, and such agreement expires on September 30, 2020; and WHEREAS, the COUNTY and the CITY seek to now enter into a new agreement that would expand the responsibilities of the parties and provide for a continuing term. 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 incorporated herein. 2. Purpose. The purpose of this Agreement is for the COUNTY to inspect and maintain traffic and street signs on CITY -maintained streets, and for CITY to secure COUNTY's I SAD0CUMENT=0WUBLIC WORU%ip Maiatanmoa AffwnwM also e« 20141CIermont Amrndmen"\ p C1cmwm_3.30.2020.dxx on -call services for emergency and non -emergency repair work to such 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 described in Section 4.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 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. 4. COUNTY Obligations. COUNTY and CITY agree as follows: A. Inspection, Inventory and Initial Repair or Replacement Phase. The COUNTY will inspect and inventory all Traffic Signs and Street Name Signs, on CITY -maintained streets. During the initial inspection and inventory, should the COUNTY find a deficient Traffic Sign or Street Name Sign, the COUNTY will repair or replace it. The COUNTY will prepare and maintain a sign inventory for CITY with the information contained in Attachment "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, the COUNTY shall continue to maintain all of the Traffic Signs and Street Name Signs in the inventory. Each sign in the 2 S:TWUMENT.20WUBL1C WOWNSign Meintenanoa Agreements, dco see 2ol%clermont Aroendmo"gr Clemmv-3.30.2020.doex inventory shall be inspected at least once every twelve (12) months. COUNTY shall repair or replace any Traffic Sign and Street Name 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 described 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. The 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. The COUNTY shall provide the 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. The 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 statT 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, the 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 will provide qualified employees and materials to perform all tasks and work under this Agreement. F. 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 $16.12 per Sign Assembly per year. The COUNTY will be paid for Sign Assemblies within the current inventory, Effective October 1, 2021, and each twelve (12) month period thereafter, the COUNTY may increase the labor charge, but in no event will there be an increase of more than three percent (3%) of the labor charge for the previous twelve (12) month period. As signs are added to the inventory during the yearly term, the COUNTY will bill the CITY on a pro- rated basis for the remainder of the year in which the sign was added. The COUNTY shall provide a prorated refund for any signs that are deleted from the inventory. SMOCUMEWIMOTUBLICWORKS1SIgnMainlmanceAgreemews,also aea 0191C1ermmi1Amendm4nt%AgrCbnnMt3.30.1020,d0ex ii. If the CITY requests the COUNTY repair, replace, or fabricate a Traffic Sign or a Street Name Sign, the COUNTY will charge the CITY, and the CITY agrees to pay to the COUNTY, a rate of $49.48 per sign assembly, plus actual cost of materials. If the CITY supplies to the COUNTY adequate sign materials, the COUNTY agrees not to charge the CITY cost of materials received. iii. The COUNTY may bill the CITY monthly for the charges, rates and costs and will provide a detailed invoice to CITY. G. Return of Removed or Replaced Signs. The COUNTY will promptly return to the CITY any Traffic Signs and Street Name Signs, regardless of their condition, it removes and replaces. 5. CITY'S Obligations. The COUNTY and the CITY agree as follows: A. Payment. The CITY will pay the COUNTY the charges for services provided in paragraph 4(F) above. 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 will 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. The 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 October 1, 2020, and will remain in 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 termination. 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 4 SADOCUMEW 020TUBLIC WORKSWgn Maintenance Agmmtemu, 0130 see 20191CIumont Amendment\Agr Clermom_3.30.2020.doex 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 Street Name 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. 8. Assignment. Neither party may assign this Agreement without the express, prior, and written consent of the other party. 9. 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 10. 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 any engagement whatsoever that it is not fully capable of honoring to its fullest. 11. §Verability If any provision, condition, promise, or part of this Agreement is found or held to be invalid, it is the intent ofthe 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. 12. ModUleation. 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. IN WITNESS WHEREOF the parties hereto have made and executed this 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 ofClermont, Florida, through its Mayor. S 1DOCUMh-17 a020TUBLIC WORKSISign Maintenance Agreamenu. aLo we 0190ernont Aw=(hnw lAgr Clermont 3.30,2020.docx INTERLOCAL AGREEMENT BETWEEN CLERMONT & LAKE COUNTY FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS 2020 CITY OF CLERMONT, FLORIDA Gail L. Ash, M yo This J-1i day of 2020. �.r Tracy Ackroyd Howe, City Clerk Approved m and legality: a ttorney 6 S:\DOCUMEN7\2020\PUB LIC WORKS1Sign ? faintenance Agreements. also see 20MCletrnont AmendmentlAgr Clemtont 3.30.2020.docx INTERLOCAL AGREEMENT BETWEEN CLERMONT & LAKE COUNTY FOR TRAFFIC SIGN MAINTENANCE AND EMERGENCY REPAIRS 2020 BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA — �&L 60np±IYL-A- Leslie Campione, Ch irman This .��d 'y of Q_ 6JL �, 2020. �AOXTY CO 1. "r+NTY 4� Approved as to form and legality; Melanie Marsh, County Attorney 7 S:MCUME-NMOMPUBUC N ORMSigu Maimensnee Agreements, also see 201%Clamonl AmendmmtlAW Clermml 3.30.2020.dwc ATTACIRMNT "A" Sign Inventor +y_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 make repairs or replacements. Street ]Name Sign Fabrication Pricing 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: $49.48 per sign plus cost of materials S;WCUMEN7 OUNPUBLIC WORKS'SignMeintetmnceAgnements,OWSee220'%C' nnW AmendmentXAg,Clnmotn 3.30.2020.d=