1132-Traffic Signal Maintenance SEMINOLE COUNTY - CITY OF SANFORD
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
THIS AGREEMENT is entered into on the _~__ day of~p~. i
2006, between SEMINOLE COUNTY, a political subdivision of the State of
Florida, whose address is Seminole County Services Building, 1101 East
First Street, Sanford, Florida 32771, hereinafter referred to as the
"COUNTY", and the CITY OF SANFORD, a Florida Municipal Corporation,
whose address is 300 North Park Avenue, Sanford, Florida 32771,
hereinafter referred to as the ~CITY".
WITNES SETH:
WHEREAS, Florida law provides for interlocal
agreements between
cities and counties for the performance of the respective administrative
and service functions, and Chapter 125, Florida Statutes, grants
in the public interest;
counties broad home rule powers to perform acts
and
WHEREAS, the CITY and the COUNTY recognize that there is a need to
develop a coordinated effort for the repair of traffic signals in order
and efficient flow of
maintain
into a mutually
all traffic
covenants herein
to facilitate traffic engineering and the safe
traffic in Seminole County; and
WHE]~S, the CITY and the COUNTY desire to enter
beneficial relationship whereby the COUNTY will
signals owned or partially owned by the CITY.
NOW, THEREFORE, in consideration of the mutual
contained, it is hereby agreed as follows:
SECTI0~ 1. RESPONSIBILITIES OF '£'~ COUNTY.
(a) Maintenance Service. The COUNTY will provide maintenance
service for all traffic signals owned or partially owned by the CITY
that have been
ENGINEER. A specific
of this Agreement
incorporated herein
"Traffic Signals".
agreed to by the COUNTY through its COUNTY TRAFFIC
listing of said traffic signals within the scope
is contained in Exhibit "A", attached hereto and
by reference, and hereinafter referred to as the
The COUNTY will maintain the Traffic Signals to the
extent of the COUNTY's capability (in terms of ordinary maintenance and
repair) and will charge the CITY an Annual Maintenance Fee for said
services. Further, the COUNTY shall seek additional compensation from
the CITY for costs it incurs above
and beyond normal routine
maintenance, to include, but not be limited to: mast arms, controller
and/or cabinet replacement, emergency preemption (Opticom) equipment,
video and loop detection equipment, etc. These additional costs will
not exceed actual cost to the COUNTY.
(b) Changes to Inventory of
Traffic Signals Subject to this
Agreement. The parties agree that the COUNTY TRAFFIC ENGINEER, within
his/her discretion, may acknowledge additions of new signals or
subtractions of signals to/from the inventory of Traffic Signals subject
to this Agreement as contained in Exhibit "A". As such, the CITY may
request that a traffic signal be added to or subtracted from this
Agreement by making such request in writing directly to the COUNTY
TRAFFIC ENGINEER at the address listed in Section 8 of this Agreement.
Such acceptance of responsibility for the maintenance of a new traffic
signal or for the removal of a traffic signal from the inventory of
Traffic Signals as contained in Exhibit ~'A" will not be effective until
the CITY receives a written notification of such acceptance of addition
or removal from the COUNTY TRAFFIC ENGINEER. The CITY and COUNTY agree
that the provisions of this Agreement including, but not limited to,
provisions regarding maintenance and costs, will be applicable to
traffic signals added to or removed from the inventory of Traffic
Signals subject to this Agreement.
(c) Maintenance Standards. The Traffic Signals will be
maintained in accordance with the most current manual of uniform traffic
devices promulgated by the State Department of Transportation pursuant
to Section 316.0745, Florida Statutes.
(d) Request for Payment. The COUNTY agrees to send requests for
payment of its Annual Maintenance Fee as calculated in Section 3 hereof
on a yearly basis. Requests for payment for any additional charges as
outlined in section (a), above, which exceed those in Section 3 hereof
shall be billed as incurred.
SECTION 2. i~ESPONSIBILITIES OF THE CITY.
(a) Payment. The CITY agrees to Day an Annual Maintenance Fee
for the services provided by the COUNTY pursuant to this Agreement,
Section 1 (a). Further, the CITY shall reimburse the COUNTY for any
costs the COUNTY incurs above and beyond normal routine maintenance as
described by Section 1 (a) of this Agreement. The CITY will also be
responsible for the power costs of traffic signal(s) as set forth in
Section 5 of this Agreement.
(b) Time. The CITY agrees to
rendered hereunder by COUNTY within thirty (30)
COUNTY'S request for payment.
remit payment for each invoice
days of receipt of the
SECTION 3. CALCULATION OF NORMAL ROUTINE MAINTENANCE CHARGES.
(a) Normal Routine Maintenance. Both parties agree that the CITY
shall pay COUNTY a flat Annual Maintenance Fee for normal routine
maintenance services.
(b) Annual Maintenance Fee Calculation.
(1)
(2)
Both parties agree that the
based on the following:
maintain all of the signals
Annual Maintenance Fee shall be
The calculated total costs to
in the County as documented and
tracked by our computerized work management system
(Maintstar) will be divided by the total number of signals in
the County to arrive at an average per intersection cost.
This average cost will be the fee charged to each city and
shall be calculated each year, based on actual cost averages
from the previous year. An amount equal to ten (10) percent
of full signal maintenance cost calculated above shall be
added to the amount otherwise arrived at to determine the
amount to be paid by the City in order to cover risks and
other administrative obligations assumed by the County in
maintaining City traffic signals.
From the effective date of this Agreement, until changed
pursuant to the criteria contained herein, the Annual
Maintenance Fee for each signal within the scope of this
Agreement shall be as set forth in Exhibit ~A" herein, and
shall be increased from time to time at the request of the
County Traffic Engineer with written notice to the CITY.
SECTION 4. OWNERSHIP OF TRAFFIC SIGNALS.
(a) Statutory Maintenance Responsibilities.
that Chapter 316, Florida Statutes, provides that
Both parties agree
County and Municipal
governmental entities may place and maintain traffic control devices
within their respective jurisdictions, according to the DOT manual and
specifications therefore.
{b) Classes of Signals.
classes of signals:
(1) Class 1. Traffic
(2)
(3)
(4)
(5)
Both parties agree that there are seven
signals located at the intersection of two
state roads.
Class 2. Traffic signals located at the intersection of a
state and county road.
Class 3. Traffic signals located at the intersection of two
county roads.
Class 4. Traffic signals located at the intersection of a
county and city road.
Class 5. Traffic signals located at the intersection of two
city roads.
(6) Class 6. Traffic signals located at
state and city road.
(7) Class 7. Traffic signals located at
state, a county, and a city road.
the intersection of a
the intersection of a
SECTION 5. /%~LOCATION OF COSTS.
(a) Adjustment by Class. The CITY will be responsible for the
Annual Maintenance Fee for regular service and parts, power costs, as
well as any costs above normal routine maintenance as described in
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Section 1 of this Agreement apportioned according to the class of a
particular traffic signal.
(b) Designation of Class. The class of each traffic signal
described in column 1 of Exhibit ~A" to this Agreement shall be
indicated by corresponding designation in column 2 of Exhibit UA",
attached hereto and incorporated herein by reference.
(c) Cost Percentage Allocation According to
Class of Traffic
Signal.
(1)
power
Class 1, Class 2, and Class
costs, and the COUNTY shall
without assessing any Annual Maintenance
normal routine maintenance.
(2) Class 4.
pay the power
3. The COUNTY shall pay the
maintain the traffic signal,
Fee or any costs above
The entity that installed the traffic signal shall
costs, and the COUNTY and the CITY shall each be
responsible for 50% (fifty percent) of the Annual Maintenance Fee
as well as 50% (fifty percent) of any costs above normal routine
maintenance.
(3) Class 5 and Class 6. The CITY shall pay 100% (one hundred
percent) of the power costs and the Annual Maintenance Fee.
Further, the CITY shall pay 100% (one hundred percent) of any
costs above normal routine maintenance.
(4) Class 7. The entity that installed the signal shall pay 100%
(one hundred percent) of the power costs, and the COUNTY and the
CITY shall each be responsible for 50% (fifty percent) of the
Annual Maintenance Fee. The CITY shall also pay 50% (fifty
percent) of any costs above normal routine maintenance.
SECTION 6. TERM. This Agreement shall take effect on August 1,
2006, and shall remain in force until terminated pursuant to Section 7,
and all payments are made current by the CITY.
SECTION 7. TERMINATION OF THE AGREEMENT.
(a) Either party may terminate this Agreement, at any time, by
giving the other party thirty (30) days written notice thereof. The CITY
shall not be relieved of its obligation to compensate the COUNTY
pursuant to this Agreement for services rendered up to and including the
date of termination.
(b) Termination of this Agreement by the CITY as to Class 4 and
Class 7 traffic signals shall not relieve CITY of its continued
obligation to remit the designated percentage. Failure to remit said
percentage of costs may result in disruption of City road access to the
County roads.
SECTION 8. NOTICES.
(a) Whenever either party desires to give notice unto the other,
notice may be sent to:
FOR THE COUNTY
Deputy County Manager
Seminole County Services Building
1101 East First Street
Sanford, Florida 32773
With a copy to:
Seminole County Traffic Engineer
140 Bush Loop
Sanford, Florida 32773
Either of the parties may change,
FORT HE CITY
City Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
With a copy to:
Sanford Public Works Director
300 North Park Avenue
Sanford, Florida 32771
by written notice as provided herein,
the addresses or persons designated for receipt of notices.
SECTION 9. P. EPRESENTATIONS. The
is Mayor of the City of Sanford; that this
and duly approved for binding execution
required by law; and that the CITY
undersigned to bind the CITY to the terms
this Agreement.
SECTION 10. ~RNIN~ LAW.
govern the validity, enforcement
Venue for any legal action in
Seminole County.
undersigned represents that she
document has been reviewed
with all the formalities
has likewise authorized the
and conditions contained in
The laws of the State of Florida shall
and interpretation of this Agreement.
connection herewith shall lie only in
SECTION This Agreement is binding upon and
shall inure to the benefit of CITY and COUNTY, and their successors and
assigns.
SECTION 12. CONFLICT OF INTEREST.
(a) The CITY agrees that it will not engage
11. PARTIES BOUND.
in any action that
would create a conflict of interest in the performance of its
obligations pursuant to this Agreement with the COUNTY or which would
violate or cause others to violate the provisions of Part III, Chapter
112, Florida Statutes, relating to ethics in government.
(b) The CITY hereby certifies that no officer, agent or employee
of the COUNTY has any material interest (as defined in Section
112.312(15), Florida Statutes, as over 5%) either directly or
indirectly, in the business of the CITY to be conducted here, and that
no such person shall have any such interest at any time during the term
of this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, the CITY
hereby agrees that monies, if any, received from the COUNTY pursuant to
this Agreement will not be used for the purpose of lobbying the
Legislature or any State or federal agency.
(d) The CITY shall have the continuing duty to report to the
COUNTY any information that indicates a possible violation of this
Section.
SECTION 13. E~TIRE AGREEMENT.
(a) It is understood and agreed that the entire agreement of the
parties is contained herein and that this Agreement supersedes all oral
agreements, negotiations, and previous agreements between the parties
relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in
writing and duly signed by both parties, except as otherwise
specifically provided in this Agreement.
SECTION 14. SEVER~BILITY. If any provision of this Agreement or
the application thereof to any person or circumstance is held invalid,
it is the intent of the parties that the invalidity shall not affect
other provisions or applications of this Agreement which can be given
effect without the invalid provision or application, and to this end the
provisions of this Agreement are declared severable.
SIGNATURE BLOCK BEGINS ON PAGE 10
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement for the purposes stated herein.
ATTEST:
J~%NET R. DOUGHEBTY~ City ~erk
Semino~
NE ~D~S E //
2o the Board of
Con~nissioners of
[e County, Florida.
Date:
CITY OF SANFORD
LINDA KUHN, Mayor
BOARD OF COUNTY CO~AISSIONEKS
S~INOLE COUNTY, FLORIDA
CARLTON HENLEY, Chairman/
Date:
For the use and reliance
of Seminole County only.
Approved as to form and
le~ sufficiency.
County Attorney~.
As authorized for execution by t~_Board
of County CoIr~aissioners at its
2006, regular meeting
AS\dre
06\09\06
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EXHIBIT "A"
SEMINOLE COUNTY -SANFORD
TRAFFIC SIGNAL MAINTENANCE
INTERLOCAL AGREEMENT
Location Class
1 Is' Street / Palmetto Ave. (4/12/05) 5
2 Is~ Street / Park Ave. (4/12/05) 5
3 Is~ Street / Sanford Ave. (4/12/05) 5
4 20t~ Street / Park Ave 5
5 Airport Blvd. at Live Oak 4
6 Celer~ Avenue at Mellonville 4
7 CR 46A at Hartwell Ave 4
8 CR 46A at Rid[~ewood ~.
9 Lake Mar~ at Sir Lawerance 4
10 Lake MaD, Blvd atI-Iidden Lk 4
11 Lake Mary Blvd. At Live Oak 4
12 Park at 13th Street 4
13 Rinehart Rd at Towne Ctr. By. 4
14 Sanford Ave. at Celeq/Ave. 4
15 Seminole Blvd. / Palmetto Ave(5/16/04) 5
I6 SR 46 / Mellonville Ave (9/6/05)(1/2 maintenance cost - overhead beacon) 6
17 SR 46 at Paxk 6
18 SR 46 at Sanford Avenue 7
19 SR 46 at Towne Ctr./Hickman 6
20 St. Johns Pkwa¥.at Rinehart Rd 4
Zl Towne Center at N.Mall Entrance 5
Z2 Towne Center at N.Towne RD 5
Z3 l'owne Centex at South Mall Ent. 5
~.4 rowne Center at St. Johns Pkway 5
25 US 17-92 at 13th Street 7
26 US 17-92 at 15th Street 6
27 US 17-92 at 20th Street 6
28 US 17-92 at 27th Street 7
29 US 17-92 at 3rd Street 6
30 US 17-92 at Park 6
31 US 17-92 at SR 46 6
32 US 17-92 at Wal-Mart Plaza 6
33 US 17-92/FS gl (,~/21/05) 5
Revised Date: July 31, 2006
VARIABLE CHARGES FOR ~-AINTE~ANCE OF TI~AFFIC SIGNALS
The following charges for the Annual Maintenance Fee under Section
3 of this Agreement shall be as follows, subject to being increased by
the County Traffic Engineer pursuant to the terms of this agreement:
1. The Annual Maintenance Fee for signal maintenance within the scope
of this AGREEMENT and to be invoiced annually shall be $3,916.00
per signal.
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