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Item C12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18. 2001 Division: Public Warks Bulk Item: Yes L No Department: Public Works Management AGENDA ITEM WORDING: Approval of amendment to agreement with City Electric System concerning traffic signal and street light maintenance to correct the term of the initial agreement. ITEM BACKGROUND: Original agreement contained an incorrect commencement date. PREVIOUS REVELANT BOCC ACTION: Approval of initial agreement on December 13, 2000. CONTRACT/AGREEMENT CHANGES: Amend Section 5 to correct commencement date of agreement from January 1, 2000 to January 1, 2001. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: n/a BUDGETED: Yes No COST TO COUNTY: REVENUE PROD UCING: Yes No --1L- AMOUNT PER MONTH Year APPROVED BY: County Atty. --1L- OMB/Purchasing--X.- Risk Management --2L- DIVISION DIRECTOR APPROVAL: ~~ Dent Pierce DOCUMENTATION: Included x To Follow Not Required_ DISPOSITION: AGENDA ITEM #~~ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS~ARY Contract with: City Electric System Contract # Effective Date: Expiration Date: 1/1/01 9/30/01 Amendment to a reement concernin traffic si nal and street the term of the initial a reement shown in Section 5, Pa e 2. Contract Manager: Beth Leto (Name) 4560 (Ext. ) Public Works - #1 (Department/Stop #) Agenda Deadline: April 4, 2001 CONTRACT COSTS Total Dollar Value of Contract: Budgeted? YesC8J No 0 Grant: $ County Match: $ $100.00 Current Year Portion: $100.00 Account Codes: 102-22504-530460 Estimated Ongoing Costs: $ (Not included in dollar value above) ADDITIONAL COSTS /yr. For: (e.g., maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Comments: Changes .~~ F~~I~' Ye~[f~~% I~~' ~\ YeSONO~' lJo-.c ~1Do,^, ~\ YesONo~ .~ a # YeSONO~~ Date Out ~:~g County Attorney Division Director OMB Fornl Revised 2/27/01 MCP #2 Amendment to Agreement (Traffic Signal and Street Light Maintenance) This amendment to agreement is made and entered into this day of , 2001, between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (County) and CITY ELECTRIC SYSTEM, a governmental corporation (CES), in order to amend that certain agreement approved by the County on December 13, 2000, as follows: 1. Section 5 is amended to read as follows: "The initial term of this agreement is from January I, 2001 until September 30, 2001 with automatic renewal on October 1 of each year after 2001, unless either party notifies the other in writing on or before July 1 of its intent not to renew the agreement as of October 1st." 2. In all other respects, the original agreement between the parties remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor / Chai rman (Seal) Attest: CITY ELECTRIC SYSTEM By By Title: Title: B AGREEMENT FOR TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE THIS AGREEMENT is entered into this 1$ ik" day of ~. ,200~, by And between MONROE COUNTY, a political subdivision of the State of Florida, whose address is Public Service Building, 5100 College Road, Key West, FI 33040 [hereafter County], and CITY ELECTRIC SYSTEM, a governmental corporation created by a special act of the State legislature, whose address is 1001 James Street, Key West, FI 33040 [hereafter CES]. WHEREAS, the County is responsible for maintaining certain traffic signals and street lights on Stock Island and Big Pine, Florida; and any future fraffic signals or street lights that maybe added within the CES service area, and WHEREAS, CES represents that it is professionally and technically capable of maintaining the Stock Island and Big Pine traffic signals and street lights and any future traffic signals or street lights that may be added deSires to do so; now therefore. IN CONSIDERATION of the mutual promises and covenants set forLh below, the. parties agree as follows:' . 1. a] CES shall, when requested by the County,. maintain' the traffic signals and street lights located on'Stock Island and Big Pine. The traffic signals and street lights that are to be maintained pursuant to this agreement are more particularly described in Exhibit A which is attached to this agreement and made a part of it The maintenance services must be provided in a reasonable, prudent and timely manner. b] The COUNTY shall pay CES $100'per year for this maintenance service described in subparagraph 1a] in advance on or before January 1st of each year this agreement remains in effect. 2. CES agrees to furnish the parts and labor necessary to perform the maintenance services described in subparagraph 1 a] at no additional cost beyond the price set forth in subparagraph 1b]. Except, however, the . COUNTY will reimburse CES its cost in purchasing and installation of Poles, Foundations, Cabinets, Controllers, Signals Heads, Conductors I Conduit and any Computerized equipment and any additional equipment or material necessary to complete the request of the COUNTY. In order to be reimbursed CES must provide an invoice showing its cost hi a format satisfactory to the County Clerk of the Circuit Court. 3. a] CES's maintenance responsibilities under this agreement do not include any obligation to construct new facilities, or to assume any liability or responsibility for the control of traffic, except as required to provide the maintenance services required by subparagraph 1 a): Neither does CES have any responsibility for making decisions, judgments, or planning, regarding traffic safety, location of traffic signals, and street lights, the kinds and types of such devised purchased by the County, computer hardware and software to operate such equipment, or any other matters that lie within tbe duties and obligations of the County as a governmental entity to help protect the health safety, and welfare of the citizens of Monroe County and the-traveling public. CES is responsible for compliance with standard traffic procedures required by tile Florida Department of Transportation while performing the maintenance services required by subparagraph 1 a] . p b] Nothing in this agreement may be construed to reduce the obligation of the County to provide for the operation of the traffic signals and street lights nnd the parties specifically agree that CES, by entering into this Agreement, does not assume and is not obligated to assume any responsibility for the operation and control of the signals and lights. 4. The parties to this agreement stipulate that each is a governmental agency as . defined by Florida Statutes and .represents to the other that it has purchased suitable Public Liability, Vehicle Liability, arid Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims within the limitations or FS 768.28 and 440, arising out of the activities governed by this agreement. . Eac h party shall be responsible for any acts of negligence on the part of its emj doyees, agents, contractors and subcontractors and shall defend, ind! mnify and hold the other party harmless from all claims arising out of sue 1 actions to the extent authorized by FS 768.28 5. ThE initial term of this agreement is from January 1, 2000 until September 3D,: ~001 with automatic renewal on October 1, of each year after 2001 unless eitr 3r party notifies the other in writing on or before July 1 of its intent not to ren ~w the agreement as of October 1. 6. Thi 3 is the entire agreement between the parties, superseding all prior oral or wri ten agreements or negotiatidns, and no alteration or modification or an- 3ndment to this agreement shall be valid unless the same be reduced to wri ing and signed by the parties hereto. 7. Thh; agreement shall be binding on the successors and assigns of .he respective parties, and shall be construed in accordance with the laws of the State of Florida, and shall be interpreted without regard to arty or parties deemed to have drafted it. ~ (j\:l co7J i" I <'I, ~S WHEREOF, the parties hereto have set their hands c:nd seals ff 1~ e ?t ~ the year first above written. ~ ' lJ BOARD OF COUNTY COM~ISSIONERS .~'+"" ~ ,WDANNY L. KOLHAGE -...~ _ ~ ~-Ol?) K: ~Cs~d (~~Ierk By Mayor/Chairperson [SEAL] ATfEST: CITY ELECTRIC SYSTEM EXHIBIT II All C1l..t.rr0lL0K./ I' ! 2.71 Q6 Ll$T c:t==- Tr2bPRc.. ~JGt..JA' L~ ~o ~T U~~ ,~'/~ CclJJrf ~ ~ 1?E:~~'6LE- T.~ M..Alt-..JTAI~1 ~. 4=Pty;.~T~l1o.j. c:rr-r p( M_IeJc A4dJ~ AIZE.4-: -Fl2a1 ~rtu C.~EL 70 ~ 0'UE J;::/2Jt:X:>.c;~. Tl2AJ=RC. <EI~? O-l LJ~~. o.E.. . } ~~ 2 rvk.'\b~ D U . '5 .3120 P~1TlEiq (EL1~~-r ~~) -4 ~ LeAl=: r=::LVO. +=tA5U ~~o...( ? \l \\. 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