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12/13/2000 Agreement 1Dannp lL. 1&olbage BRANCH OFFICE 3117 OVERSEAS mGHWA Y MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 PAX (305) 289-1745 CLERK OF mE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 ~ '. BRANCH OFFICE 88820 OVERSEAS InGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: February 26,2001 TO: Dent Pierce, Director Public Works Division AITN: Beth Leto, Administrative Assistant Public Works Division Pamela G. Hanc~ Deputy Clerk UV FROM: At the December 13, 2000, Board of County Commissioners meeting the Board granted approval and authorized execution of an Agreement for Traffic Signal and Street Light Maintenance between Monroe County and City Electric System to maintain traffic signals and street lights from Stock Island to Big Pine Key. Enclosed please find a duplicate original of the above for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents County Attorney Finance File/ AGREEMENT FOR TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE THIS AGREEMENT is entered into this 13~ day of j&u,. ,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, Rorida; and any future traffic 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 forth below, the. parties agree as follows: ' 1. a] CESshall, 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, 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 in 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 the 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 the Florida Department of Transportation while performing the maintenance services required by subparagraph 1 a] . 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 and 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, and 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. Each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions to the extent authorized by FS 768,28 5. The initial term of this agreement is from January 1, 2000 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 1. 6. This is the entire agreement between the parties, superseding all prior oral or written agreements or negotiations, and no alteration or modification or amendment to this agreement shall be valid unless the same be reduced to writing and signed by the parties hereto. 7. This agreement shall be binding on the successors and assigns of the 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. ~~CO~~ ~ l' \~ t ~ SS WHEREOF, the parties hereto have set their hands and seals ~ d the year first above written. BOARD OF COUNTY COMMISSIONERS . DANNY L. KOLHAGE .....". ~ 'CLERK, / ,-J <. <.~ ~ veor. ~.,e ~\~\J (BY==i"~ By 0 . ~ "- epu Clerk Mayor/Chairperson [SEAL] ATTEST: ~A~~ Title h.te;. ~ I CITY ELECTRIC SYSTEM , Nov-27-00 11:05A MCPW ENG/CONST MGT 305-t-2B9-t-6075 P.02 EXHIBIT "A" Ck..v-r~K/ I J I Z.7! CO LIST Cf=.. TQc~c... "'$~A. L~ ~D ~T U~UT? ~ ~ ~ ~ ~Leu=.. ~ I.A.Al~TA'~1 ~ 1=~T~-n~. crry 1=( ~~/l:!JC. ~~ .AJz6A..: ~ C:-r'tU C,J V'-&..JEL 70 ~ lAJu=. E:lUr:x::rz:... Tr?AFFK.. ~t;:J Lot.L-? aJ (j ..-s. o..E . I ~~ 2 ~~)N l> II , ;!J l2D p~~ ~J;;Zr=~1 f=t4~ ) 4- ~ l/)N::. I=:LVI;>. ~5U ~~ ~ 'l '\. Rrze:... 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