TRAFFIC MANAGEMENT CENTER OPERATION AND MAINTENANCE INTERLOCAL AGREEMENT BETWEEN CITY OF BRADENTON AND MANATEE COUNTY

Transcription

1 TRAFFIC MANAGEMENT CENTER OPERATION AND MAINTENANCE INTERLOCAL AGREEMENT BETWEEN CITY OF BRADENTON AND MANATEE COUNTY THIS AGREEMENT is made and entered into on the date specified herein by and between the City of Bradenton, a municipal corporation of the State of Florida, and Manatee County, a political subdivision of the State of Florida. WIT N E S SETH: WHEREAS, the City of Bradenton (hereinafter referred to as "the City") and Manatee County (hereinafter referred to as "the County") are authorized to enter into interlocal agreements pursuant to C~apter 163, Florida Statutes; WHEREAS, the development of Intelligent Transportation Systems ("ITS") such as Advanced Traffic Management Systems ("A TMS"), Freeway Incident Management, Advanced Traveler Information, and Emergency Management Systems (hereinafter referred to collectively as "the Systems") is an effective and efficient method to improve public safety and reduce traffic congestion; and WHEREAS, the Florida Department of Transportation ("FDOT") has encouraged the creation of, and agreed to provide funds toward, a unified regional A TMS for Sarasota and Manatee Counties; and WHEREAS, the Sarasota/Manatee Metropolitan Planning Organization ("MPO") and FDOT have allocated funds to locate, develop, and construct an ITS Traffic Management Center and related infrastructure as a step toward development and implementation of ITS applications within Manatee County; and WHEREAS, in May 2005, the Florida Department of Transportation, Sarasota County, Manatee County, the City of Sarasota, and the City of Bradenton entered into an Interlocal Agreement for cooperation and coordination in the operation of a Unified Intelligent Transportation Management System, a copy of which is attached hereto and made a part hereof; and WHEREAS, the May 2005 Interlocal Agreement for cooperation and coordination in the operation of a Unified Intelligent Transportation Management System defines the proportional share allocation based upon population; and WHEREAS, the City will conduct traffic signal management out of the Traffic Management Center; and WHEREAS, the construction of the physical plant, including the Traffic Management Center's central software, fiber-optic communication network, and connected traffic control devices, will require participation from each local government; and

2 WHEREAS, the City and the County have negotiated the terms and conditions of this Agreement; and WHEREAS, the City and the County desire to enter into an interlocal agreement providing for participation and sharing personnel engaged in the Systems. NOW, THEREFORE, it is declared to be the purpose of the Interlocal Agreement to define the nature of the relationship of the parties to this Agreement as related to the operation and maintenance of the Traffic Management Center and related infrastructure, and the Parties agree as follows: 1. TRAFFIC MANAGEMENT CENTER COMPONENTS: The Parties agree that it is the intent that the County will operate and maintain the following components of the Traffic Management Center ("TMC") as located throughout Manatee County, regardless of the City's jurisdictional boundary: TMC Facility - The Parties agree that the County will maintain and operate the TMC facility located at th Terrace East, Bradenton, Florida Central Software and Equipment - The Parties agree that the County will maintain and operate the central traffic control software, video wall, servers, consoles, portable computer hardware, and all components associated with the TMC. Central Software Operations - The Parties agree that the County will provide qualified personnel to operate traffic management functions pursuant to the agreed upon operational procedures. The City of Bradenton Public Works and Utilities Director will have final authority in traffic management operation decisions involving signals within the City's jurisdiction. Fiber-Optic Communication and Network- The Parties agree that the County will maintain the fiber-optic communication network pursuant to the agreed upon operational procedures. This includes the fiber optic cables, splices/connectors, patch panels, boxes, markers, buried cable warning tape, communication hubs, switches, UPS (uninterruptible power supply), converters, cabinets, cabling, and test equipment necessary for communication between all devices and the TMC. In addition, this includes providing the State-required locating of the underground fiber communication facilities. Field Devices - The Parties agree that the County will maintain all the Advanced Traffic Management System devices connected to the TMC. These devices include the Closed Circuit Television ("CCTV") surveillance system and associated appurtenances, the Vehicle Detection Systems ("VDS") and associated appurtenances, and network communication hardware within the traffic signal cabinet. - 2-

3 2. REIMBURSEMENTS: The Parties agree that in exchange for the services provided by the County in Section 1 above, the City will bear its proportional share of the ongoing operational and maintenance costs of the TMC associated with such operation. The proportion allocation shall be based upon population pursuant to the May 2005 Interlocal Agreement. The County will provide an estimated cost of the above-shared items annually to the City, showing its proportional share based on the latest census. These estimates will be submitted to the City by May 31 of each year and will reflect the City's estimated proportional share of costs for the upcoming fiscal year beginning in October of that same calendar year. The City will review and approve the proposed costs by September 30 each year and will provide payment of the approved annual proportional share within thirty (30) days of said approval. 3. ENTIRETY AND AMENDMENT: This Agreement embodies the entire agreement between the City and the County and shall be amended or modified only by instrument of equal formality executed by the Parties. 4. APPLICABLE LAW: This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 5. ASSIGNMENT: This Agreement shall be binding on the Parties, their representatives, successors, and assigns. No party shall assign this Agreement or the rights or obligation hereof to any other person or entity without the prior written consent of the other party. 6. THIRD-PARTY BENEFICIARIES: This Agreement is solely for the benefit of the Parties hereto, and no right or cause of action shall accrue upon, or by reason thereof, to, or for the benefit of any third party not a party hereto. 7. DISPUTES: Any disputes involving litigation between the Parties shall be subject to the provisions of Chapter 164, Florida Statutes. 8. DURATION AND TERMINATION: This Agreement will renew from year to year unless the governing body of one of the parties rescinds or terminates this Agreement by formal written notice prior to June 1 of any year

4 9. SEVERABILITY: If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not be deemed to affect the other parts of the Agreement, unless the rights and responsibilities of the Parties are materially prejudiced and the intentions of the Parties become of no effect. 10. EXECUTION: This Agreement shall be executed in duplicate with each fully executed copy treated as an original. 11. EFFECTIVE DATE: This Agreement shall take effect upon the filing of a fully executed copy with the Clerk of the Court of Manatee County pursuant to Section (11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective undersigned duly authorized officers as of the dates set forth below. CITY OF BRADENTON, a municipal ~~m?.r.;corporation of the State of Florida ATTEST(Ji RL C~AN YCL~ By: MANATEE COUNTY, FLORIDA, by and through its BOARD OF COUNTY COMMISSIONERS ATTEST: Chairman By: - 4 -

5 TRAFFIC MANAGEMENT CENTER OPERATION AND MAINTENANCE INTERLOCAL AGREEMENT BETWEEN CITY OF BRADENTON AND MANATEE COUNTY TillS AGREEMENT is made and entered into on the date specified herein by and between the City of Bradenton, a municipal corporation of the State of Florida, and Manatee County, a political subdivision of the State of Florida. WIT N E S SETH: WHEREAS, the City of Bradenton (hereinafter referred to as "the City") and Manatee County (hereinafter referred to as "the County") are authorized to enter into interlocal agreements pursuant to Chapter 163, Florida Statutes; WHEREAS, the development of Intelligent Transportation Systems ("ITS") such as Advanced Traffic Management Systems ("ATMS"), Freeway Incident Management, Advanced Traveler Information, and Emergency Management Systems (hereinafter referred to collectively as "the Systems") is an effective and efficient method to improve public safety and reduce traffic congestion; and WHEREAS, the Florida Department of Transportation ("FOOT") has encouraged the creation of, and agreed to provide funds toward, a unified regional A TMS for Sarasota and Manatee Counties; and WHEREAS, the Sarasota/Manatee Metropolitan Planning Organization ("MPO") and FDOT have allocated funds to locate, develop, and construct an ITS Traffic Management Center and related infrastructure as a step toward development and implementation of ITS applications within Manatee County; and WHEREAS, in May 2005, the Florida Department of Transportation, Sarasota County, Manatee County, the City of Sarasota, and the City of Bradenton entered into an Interlocal Agreement for cooperation and coordination in the operation of a Unified Intelligent Transportation Management System, a copy of which is attached hereto and made a part hereof; and WHEREAS, the May 2005 Interlocal Agreement for cooperation and coordination in the operation of a Unified Intelligent Transportation Management System defines the proportional share allocation based upon population; and WHEREAS, the City will conduct traffic signal management out of the Traffic Management Center; and WHEREAS, the construction of the physical plant, including the Traffic Management Center's central software, fiber-optic communication network, and connected traffic control devices, will require participation from each local government; and

6 WHEREAS, the City and the County have negotiated the terms and conditions of this Agreement; and WHEREAS, the City and the County desire to enter into an interlocal agreement providing for participation and sharing personnel engaged in the Systems. NOW, THEREFORE, it is declared to be the purpose of the Interlocal Agreement to define the nature of the relationship of the parties to this Agreement as related to the operation and maintenance of the Traffic Management Center and related infrastructure, and the Parties agree as follows: 1. TRAFFIC MANAGEMENT CENTER COMPONENTS: The Parties agree that it is the intent that the County will operate and maintain the following components of the Traffic Management Center ("TMC") as located throughout Manatee County, regardless ofthe City's jurisdictional boundary: TMC Facility- The Parties agree that the County will maintain and operate the TMC facility located at th Terrace East, Bradenton, Florida Central Software and Equipment - The Parties agree that the County will maintain and operate the central traffic control software, video wall, servers, consoles, portable computer hardware, and all components associated with the TMC. Central Software Operations - The Parties agree that the County will provide qualified personnel to operate traffic management functions pursuant to the agreed upon operational procedures. The City of Bradenton Public Worlcs and Utilities Director will have final authority in traffic management operation decisions involving signals within the City's jurisdiction. Fiber-Optic Communication and Network - The Parties agree that the County will maintain the fiber-optic communication network pursuant to the agreed upon operational procedures. This includes the fiber optic cables, splices/connectors, patch panels, boxes, markers, buried cable warning tape, communication hubs, switches, UPS (uninterruptible power supply), converters, cabinets, cabling, and test equipment necessary for communication between all devices and the TMC. In addition, this includes providing the State-required locating of the underground fiber communication facilities. Field Devices - The Parties agree that the County will maintain all the Advanced Traffic Management System devices connected to the TMC. These devices include the Closed Circuit Television ("CCTV") surveillance system and associated appurtenances, the Vehicle Detection Systems ("VDS") and associated appurtenances, and network communication hardware within the traffic signal cabinet

7 2. REIMBURSEMENTS: The Parties agree that in exchange for the services provided by the County in Section 1 above, the City will bear its proportional share of the ongoing operational and maintenance costs of the TMC associated with such operation. The proportion allocation shall be based upon population pursuant to the May 2005 Interlocal Agreement. The County will provide an estimated cost of the above-shared items annually to the City, showing its proportional share based on the latest census. These estimates will be submitted to the City by May 31 of each year and will reflect the City's estimated proportional share of costs for the upcoming fiscal year beginning in October of that same calendar year. The City will review and approve the proposed costs by September 30 each year and will provide payment of the approved annual proportional share within thirty (30) days of said approval. 3. ENTIRETY AND AMENDMENT: This Agreement embodies the entire agreement between the City and the County and shall be amended or modified only by instrument of equal formality executed by the Parties. 4. APPLICABLE LAW: This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 5. ASSIGNMENT: This Agreement shall be binding on the Parties, their representatives, successors, and assigns. No party shall assign this Agreement or the rights or obligation hereof to any other person or entity without the prior written consent of the other party. 6. THIRD-PARTY BENEFICIARIES: This Agreement is solely for the benefit of the Parties hereto, and no right or cause of action shall accrue upon, or by reason thereof, to, or for the benefit of any third party not a party hereto. 7. DISPUTES: Any disputes involving litigation between the Parties shall be subject to the provisions of Chapter 164, Florida Statutes. 8. DURATION AND TERMINATION: This Agreement will renew from year to year unless the governing body of one of the parties rescinds or terminates this Agreement by formal written notice prior to June 1 of any year

8 9. SEVERABILITY: If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not be deemed to affect the other parts of the Agreement, unless the rights and responsibilities of the Parties are materially prejudiced and the intentions of the Parties become of no effect. 10. EXECUTION: This Agreement shall be executed in duplicate with each fully executed copy treated as an original. 11. EFFECTIVE DATE: This Agreement shall take effect upon the filing of a fully executed copy with the Clerk of the Court of Manatee County pursuant to Section (11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective undersigned duly authorized officers as of the dates set forth below. ~~Qfu., CITY OF BRADENTON, a municipal corporation o the State of Florida MANATEE COUNTY, FLORIDA, by and through its BOARD OF COUNTY COMMISSIONERS Chairman -4-

9 MANATEE COUNTY GOVERNMENT AGENDA MEMORANDUM 25 SUBJECT lnterlocal Agreement with City of Bradenton -Traffic Management Center TYPE AGENDA ITEM Consent DATE REQUESTED June 7, 2011 DATE SUBMITTED/REVISED BRIEFINGS? Who? N/A CONSEQUENCES IF DEFERRED DEPARTMENT/DIVISION Public Works Department Project Management Division ~ May 24, 2011 Delay in participation of TMC Operation & Maintenance ~ch;t;r-~c~-~ - AUTHORIZED BY TITLE p : ~ fz 1;>}1~],1~~ CONTACT PERSON Carmen Shuler-Mosley 'Sage Kamiya PRESENTER/TITLE TELEPHONE/EXTENSION Sr. Fiscal Analyst ext TELEPHONE/EXTENSION Traffic Engineering Div. Mgr. -'"7 ext ADMINISTRATIVE APPROVAL fi~c-- ACTION DESIRED INDICATE WHETHER 1) REPORT; 2) DISCUSSION; 3) FORM OF MOTION; OR 4) OTHER ACTION REQUIRED Authorization for the Chairman to execute the attached lnterlocal Agreement for joint participation between Manatee County and the City of Bradenton for the operation and maintenance of the Traffic Management Center (TMC). ENABLING/REGULATING AUTHORITY Federal/State law(s), administrative ruling(s), Manatee County Comp Plan/Land Development Code, ordinances, resolutions, policy Florida Statutes, Chapter 163 Check appropriate box BACKGROUND/DISCUSSION,1\ See Page 2 v'(/ai "'YOA ~~.s'~. -utq'\1 COUNTY ATIORNEY REVIEW u' ~~ ~Ctu. ~o,, <:~ cov,l} Co.ff. Wl).: ~~&-... [g) REVIEWED 4011/i,~.t~l/s Written Comments: C8J Attached 0 Available from Attorney (Attorney's initials:_) D D D NOT REVIEWED (No apparent legal issues.) NOT REVIEWED (Utilizes exact form or procedure previously approved by CAO.) OTHER A TI ACHMENTS: (List in order as attached) INSTRUCTIONS TO BOARD RECORDS: "/1iR._ ~o/r/t! 1. lnterlocal Agreements (2 copies) 2. Regional System lnterlocal Agreement, CAO Memo dated 2/28/11 if"'~~ Return one executed original to ~as Ci~f Bradenton and one executed copy to Carmen Mosley, Fiscal Services Division, Public Works Department, carmen.mosley@mymanatee.org COST: $495,565 SOURCE (ACCT # & NAME): Transportation Trust /Traffic Management Center COMMENTS: lnterlocal Agreement provides for cost sharing of annual operating costs between Manatee County and City of Bradenton AMT./FREQ. OF RECURRING COSTS: (ATTACH FISCAL IMPACT STATEMENT) $495,565 (Estimated Annual) Operating Budget Agenda Memorandum Form last revised: September 28, 2005

10 AGENDA MEMORANDUM (continued) Page 2 BACKGROUND/DISCUSSION The Florida Department of Transportation (FOOT) has encouraged the creation of, and has agreed to provide funds toward, a unified regional Advanced Traffic Management System for Sarasota and Manatee Counties. In May 2005, the Florida Department of Transportation, Sarasota County, Manatee County, the City of Sarasota, and the City of Bradenton entered into an lnterlocal Agreement for cooperation and coordination in the operation of a Unified Intelligent Transportation Management System. The May 2005, lnterlocal Agreement defines a proportional share and allocation of costs, based on population. The City of Bradenton will conduct traffic signal management out of the Traffic Management Center located within Manatee County's Public Safety building. The Manatee County Advanced Traffic Management System, Phase I and Phase II projects, will include the City of Bradenton and the City of Palmetto within the project limits. Operation and maintenance of the system is expected to begin on Phase I in July 2011, and Phase II in September The City of Bradenton has agreed to participate in the operation and maintenance of the communication network and connected traffic control devices. Participation is also expected from Sarasota County, the City of Sarasota and FOOT. The City of Bradenton and Manatee County Public Works staff have negotiated the terms and conditions of this Agreement. The City of Bradenton and Manatee County desire to enter into an lnterlocal Agreement providing for the participation and sharing of personnel engaged in the operation and maintenance of the Traffic Management Center and related infrastructure. The City of Bradenton will bear its proportional share of the ongoing operational and maintenance costs of the Traffic Management Center associated with such operation, and proportional allocation shall be based upon population pursuant to the May 2005 lnterlocal Agreement. RECOMMENDATION Staff recommends favorable action.

11 Page 1 of 1 Maggie Riester From: carmen.mosley@mymanatee.org Sent: Wednesday, June 08, :04 PM To: Maggie Riester Subject: Re: 6/7/11 BCC Agenda item 25 Maggie, You can return it to me and I will mail it out. Thanks, Carmen Shuler-Mosley Sr. Fiscal Analyst Manatee County Government Public Works Department (941) ext (941) fax carmen.mosley@mymanatee.org From: To: Date: Subject: Maggie Riester <maggie.riester@manateecierk.com> "'carmen.mosley@mymanatee.orgm <carmen.mosley@myrnanatee.org> 06/08/ :47 AM 617/11 BCC Agenda item 25 Carmen, The agenda package for this item (lnterlocal Agreement with the City of Bradenton) had instructions for me to send one original agreement to Mayor Poston. No cover letter or addressed envelope was included in the package. Since I do not have County letterhead or envelopes, would you prefer that I return the original to you for mailing or would you like to furnish the letter and envelope so I may mail the agreement? Please let me know so I may process this package. Thanks, Maggie Riester Board Records For R.B. "Chips" Shore Manatee County Clerk of the Circuit Court & Comptroller maggie. riester@manateeclerk.com (941) ext "Pride in Service with a Vision to the Future" Florida has a very broad Public Records Law. This agency is a public entity and is subject to Chapter 119 of the Florida Statutes, concerning public records. communications are covered under such laws & therefore e-ma11 sent or received on this entity's computer system, Including your address, may be disclosed to the public or media upon request. 6/8/2011

12 (: CONTRACT NO. J...o 6 S-3~/c BCC APPROVED.s-la.r\d 2305 ~U~E~~elL AGREEMENT FOR COOPERATION AND!,ARlCn ~ON IN THE OPERATION OF A UNIFIED INTELLIGENT ;~~~!;.~ Q :, 1. f~w,"ation. MANAGEMENT SYSTEM BY. AND BETWEEN ~~ t! S~. LORIDA DEPARTMENT OF TRANSPORTATION, THE CITY AND COUNTY OF SARASOTA, MANATEE COUNTY, AND THE CITY OF BRADENTON THIS AGREEMENT,.made and entered into on the date specified herein, by and. between the Florida Department of Transportation, the City and County of Sarasota, Manatee CoUnty, and the City of Bradenton. WITNESSETH WHEREAS, the development of Intelligent Transportation Systems (JTS) such as Advanced Traffic Management Systems (A 1MS), Freeway Incident Managemen~ Advanced Traveler Information and Emergency Management Systems is an effective and efficient method to improve public safety and reduce traffic congestion; and WHEREAS, the Florida Department of Transportation (FD01) has encouraged the creation of, and agreed to provide funds toward, a unified regional A TMS for Sarasota and Manatee Counties; and WHEREAS, the Sarasota/Manatee Metropolitan Planning Organization (MPO) voted to list the Sarasota-Manatee A1MS project on its project priority list and its FY 2004/05 through 2008/09 Transportation Improvement Program for allocation of federal and state :fundfug; and WHEREAS, in February of 2004, 1}le Counties of Sarasota and Manatee, and the Cities of BqtdentoQ and Sarasota, entered into a Memonui.dum of Understanding committi.tig to "a single regional ITS Traffic Management Center'' to be located in Manatee County including the related transportation system infrastructure, and directed their respective staffs to negotiate this Agreement; and WHEREAS, the :rvtpo governing board, at its May 24, 2004 meeting. voted to endorse the AlMS Master Plan and Conceptual Design developed by the FDOT; and WHEREAS, the FDOT has adopted an ITS Master Plan for I-75 in Manatee, S~ta and Charlotte Counties and desires the co-location of its future Incident Management Center withiri the regional Traffic Management Center; and WHEREAS, the MPO and FDOT have allocate4 funds to locate, develop and construct an ITS Traffic Management Center and related infrastructure as a step toward development and implementation of ITS applications within Manatee County; and. P~e 1 of 1

13 .,. WHEREAS, Manatee and Sarasota Counties, and the Cities of Bradenton and Sarasota. currently manage and operate separate traffic control systems for themselves and for other local jurisdictions; and WHEREAS~ the jurisdictions owning and maintaining significant traffic control systems within the two-county area have negotiated the terms and conditions of this Agreement; and WHEREAS, Manatee Cowtty has taken the lead to iden~fy and secure a location for the regional Traffic Management Center (TMC) to house not only that center but other CowttyspecUicfUnctions;and WHEREAS, this 1MC must be located and constructed within Manatee County in order to oomply with provisions of Florida Law related to funding with Sunshine Skyway Bridge toll revenues; and WHEREAS, the construction of the physical plant~ including fiber-optic networks, will require cooperation from each local government. NOW, THEREFORE, it is declared to be the purpose of this Inter~ocal Agreement to defuie the nature of the relationship of the parties to this Agreement as related to the construction and operation of an ITS/AlMS Traffic Management Center and related infrastructure add the parties agree as follows: 1. J.NfELLIGENT TRANSPORTATION SYSTEM COMPONENTS The parties agree that it is their intent to design, construct, and operate the following components of an Intelligent Transportation System/ A TMS: Local/County/State Roads ITS - The parties agree that there shall be a unified Intelligent Transportation System/AlMS in place and operational for all geographical areas currently served by the individual traffic management systems of Sarasota County, Manatee County, the City of Saras~ta and the City of Bradenton, and that such system shall be operated from the Traffic Management Center. The parties further agree that the system shall be developed in two phases as follows: Phase I - The first phase shall be the construction and operation of the system within the Manatee County and City of Bradenton traffic control service area. The sjstem shall. be constructed pursuant to th~ Sarasota/Manatee A TMS Master Plan & Conceptual Design, which is incorporated herem by reference. It is anticipated that this first phase will be completed and operational by August 1, Page2of 7

14 -' Phase IT - The second phase shall be the Construction and operation of the system within the Sarasota County/City of S~ta traffic control service area. The system shall be constructed plu'suant to the Sarasota/Manatee A 1MS Master Plan & Conceptual Design, which is incorporated herein by reference. It is anticipated that this second phase will be funded and under construction by January 1, Additional phases may be designed arid agreed to by the parties_ subsequent- to the construction of these phases. The parties have intentionally phased the construction of the system so as to allow the parties to observe the system' s operation, jncluding any faults or Uiiforeseen problems, and to make corrections or adjustments to design or operation policy prior to the second phase being built To this end, there shall be provided office space, equipment storage and meeting facilities sufficient to house traffic control staff from all parties as soon as the Center opens so that all staff may 1) observe the-operations of the system within Manatee County, 2) build relationships between employees of each jurisdiction to facilitate the eventual joint operations of the sy~em within the region, and 3) to permit all staff to help develop and become familiar with operating procedures and policies of the Center. Interstate Management and Traveler Information Systems - The parties agree that the FOOT has targeted~ year 2012 to implement an Interstate Incident Management System and Traveler Information System which will permit advanced electronic traffic monitoring and traffic incident management through the use of cameras and sensors to respond to emergencies and manage interstate traffic on a near real time basis. At such time as these systems are construe~ the parties agree that FOOT staff shall be allocated equipment and personnel space within the regional Traffic Management Center. Highway Patrol - The parties acknowledge that while there is no outstanding request at the time of execution of this Agreement, there may in the future be a request from the Florida Highway Patrol for an allocation of equipment or personnel space within the Traffic Management Center, and any such request will be negotiated with the Highway Patrol by the parties to this Agreement at that ~e, subject to availability of space and facilities i. TRAFFIC MANAGEMENT CENTER FACILITY AND INFRASTRUCI'URE The parties agree that a new TMC shall be constructed.to house the various ITS/ATMS operational components contemplated in this Agreement. The parties also agree that the TMC shall be located off 9f U.S. Highway 301, within Manatee County, and within 5 miles of its border with Saraso~ County. Page3 of 7

15 The TMC shall be designed and constructed so as to provide adequate parking, facilities, space and equipment storage for the staff of each party assigned to work at the TMC; as reflected in the Manatee County Traffic Management Center Facility Requirements Report, which is incorporated herein by reference. The parties also acknowledge that as a part of Manatee County's land acquisition for the 1MC site, Manatee County may elect to construct and staff a new Emergency Operations Center (EOC) or other similar. governmental facilities. The parties agree that Manatee County shall be. solely responsible for the land cost, construction and operation of these ancillary facilities, and that their operation shall not in any way impair the operations of the TMC. 3. CAPITAL FUNDING AND OPERATIONAL COSTS For Phase I, the FDOT will allocate such Skyway Toll Revenue Credit funds as are allocated by Florida law in the :MPO's Transportation Improvement Program and the FDOT's Five Year Work Program for use in Manatee County. It is understood by the parties that these funding allocations may be made over a period of FDOT budget years as the project construction progresses. The parties agree that the FDOT will work with the MPO and Sarasota County and the City of Sarasota to identify and allocate funds to accomplish Phase IT. The FDOT sb.au fund its biterstate Incident Management and Traveler Information Systems infrastructure and operations with its own funds over and above the MPO's annual allocation and/or equitable fare share. The parties agree to work together and with other private enterprises such as phone, power and cable television companies to accomplish system construction at cost savings through. encouraging co-location or dual use of public and private facilities, including fiber optic infrastructure. The parties agree that to facilitate a timely, cost effective construction of the system, they will waive any fees normally associated with system construction within each of their rights of way, and will, where possible, grant open access to said rights of way and conduits. Nothing herein is intended to prevent or discourage the governing body of any of the parties from allocating such other funds to the system as those bodies may desire to accelerate the progress of the system construction. Manatee County shall bear the sole costs associated with constructing any future Emergency Operations Center Qf other Manatee CountyooQwned facilities on the site. The parties, other. than FDOT, agree that they shall each bear their proportional share of the ongoing operational costs of the TMC assqciated with the operation of the jo4tt traffic monitoring/control systems, including physical plant maintenance, utilities, and equipment repair/replacement However, no party shall begin to bear such costs until that party either locates personnel at the TMC, or s~gnal management for signals in. that party's jurisdiction is conducted out of the TMC. The exact proportional allocation shall be based upon population of the cities and unincorporated areas of the counties based upon the most recent census data, and shall be calculated and re-calculated by the parties as each party becomes responsible for a share of costs, as outlined above. Page.4 of 7

16 Manatee Comity shall bear sole fin~cial responsibility for all costs associated with operation of any EOC or other County-owned facility which may be ~onstructed on the site. Upon beginning its operation of an Interstate Incident Management System and/or Traveler Information System within the TMC, the FDOT shall bear sole financial responsibility for costs associated with such operations, including electronic equipment, utilities and building maintenance. 4. IMPLEMENTATION AND OVERSIGHT The parties agree that the long~term success of this regional transportation management agr~ment will depend on jurisdictional cooperation and coordination between the parties at a management level. Therefore," the parties here:by create the Intelligent Transportation System Management Team (ITSMI) to provide leadership, guidance and oversight of. the daily operations of the 1MC and A 1MS. Upon adoption: of this Agreement by the parties, the chief executive of each local jurisdiction and the.fdot DiStrict Secretary shall each appoirit one (1) transportation professional to the ITSMT. Such persons shall continue to serve at the pleasure of the appointing authority. Once staffed, the ITSMT shall conduct an initial meeting to select a chairman. The chairman shall set agendas for and nin meetings of the ITSMf, and when appropriate shall speak for that group before the various governing bodies. The chairman shall then rotate yearly between the various local government parties with a new chair being selected effective O<;:tober 1 of each year. The FDOT representative shall not serv~ as chair. As a committee of public employees with policy implementation and recommendation duties, the ITSMT shall c;:nsure it meets iii compliance with Florida's Sunshine Act where the law so requires, and meetings shall be held at agreeable locations within Manatee or Sarasota County which shall be accessible to the public. Specific duties of the ITSMf shall include: Create an operating plan for the implementation of this. Agreeinent, including. technical and operational policies and procedures to be followed by 1MC staff, consistent with the adopted system architecture and Master Plan adopted by the parties... Review and make recommendatio~s on the operational budget of the TMC facility. Create a long-range plan to recoriunend to the parties concerning items such as future funding sources, future significant infrastructure or staffing needs, and future expansion and use of the A1MS. Help resolve disputes between the various parties to this Agreement concerning the operation: of the ATMS or TMC. Page 5 of 7

17 ... ' ' Make periodic reports. as may be requested, to the governing bodies of the parties to this Agreement, the Sarasota/Mari:atee MPO. or other relevant governmental bodies. Such other duties as the parties may. from time to time, ask the ITSMT to perfom1. Any party to this Agieement may request that the ITSMT take up a matter for discussion, recommendation qr study. Notwithstanding any other provision herein, the parties acknowledge that in creating the ITSMT they are not, and do not inten~, to create a separate legal entity with any authority or status not provided for herein; Each party maintains control over the work of their respective employees, contractors or agents. 5. DURATION AND TERMINATION This Agreement will renew from year to year unless the governing body of one_ of the parties rescinds or terminates this Agreement prior to October 1 of any year for which this Agreement renews. A party may rescind. or terminate this Agreement by 1) obtaining approval from the governing body of the party wishing to terminate or rescind this Agreement, and 2) thereafter providing at least one hundred fifty (150) days' written notice to the other parties to this Agreement. Upon rescission/termination, the remaining parties, or any thereof, may reconstitute this agreement among themselves, enter a new agreement with new terms and conditions, take no action, or take any such other action ~-may be authorized by Florida law. 6. SEVERABILITY Should any section, sentence or dause of this Agreement be deemed unlawful by a Court of competent jurisdiction, no other provision hereof shall be affected and all other provisions of this Agreement shall continue in full force and effect. 7. EFFECTIVE DATE This Agreement shall be effective upon the filing of a fully executed copy of this Agreement with the Clerks of the Circuit Court of Sarasota and Manatee Counties, pursuant to Section (11.), Florida Statutes. Page 6 of7

18 ... IN WITNESS WHEREOF, the undersigned parties have executed thi~ Agreement on behalf of the referencoo,legal entities, Interlocal ~~~A-!1Jt~~~NT OF TRANSPORTATION DIS.1. J.UCI'.u.r<lE... ~P.E.- District Secretary.. s : if j l.=:r [' : :;':' Page 7 of?.

19 ,..;; Office of MANATEE COUNTY ATTORNEY Tedd N. Williams, Jr., County Attorney J mes A. Minix, Chief Deputy County Attorney Maureen S. Sikora, Deputy County Attorney Robert M. Escbenfelder, Deputy County Attorney Rodney C. Wade. Deputy County Attorney Wiii!Jiru E. Clacue, Deputy County Attorney J rues R. Cooney, Deputy County Attorney S.nth A. Schenk, Depaty County Attorney MEMORANDUM DATE: February 28, 2011 TO: THROUGH: FROM: RE: Ron Schulhofer, Director, Public Works Department Tedd N. Williams, Jr., County Attorne~ :Jj:;- /Jt Rodney C. Wade, Deputy County Attomev~#J'A~~~~ SUPPLEMENTAL RESPONSE Traffic Management Center Operation and Maintenance Interlocal Agreement With City of Bradenton RLS ; CAO File This memorandum is in response to the above-referenced Request for Legal Services in which you asked this office to review an inter local agreement between the City of Bradenton and Manatee County. This agreement more specifically defines the relationship relative to the funding, operation, and maintenance of the Traffic Management Center (TMC) as the result of the Advanced Traffic Management System (A TMS) Phase I Project. I have reviewed the proposed changes to page 2 of the Agreement that: 1. Directs "The City of Bradenton Public Works and Utilities Director will have final authority in traffic management operation decisions involving signals within the City's jurisdiction." 2. Corrects the word "splices" in the Fiber-Optic Communication Network paragraph. 3. Adds to the Field Devices paragraph, the word "System" in between "Management" and "devices." 4. Adds to the end of the Field Devices paragraph "and network communication hardware within the traffic signal cabinet." Board Certified City, County & Local Government Law 1112 Manatee Avenue West, Suite 969, P.O. Box 1000, Bradenton, FL (941) Fax (941)

20 Ron Schulhofer, Director Public Works Department Page2 February 28, 2011 These changes are consistent with the Traffic Management Center Components in the revised agreement, and as such, are legally acceptable for presentation to the Board of County Commissioners for consideration after acceptance and execution by the City of Bradenton. Please contact me if you have any questions or if I can be of further assistance. RCW/slm cc: Ed Hunzeker, County Administrator Tony Rodriguez, AICP, Deputy Director, Transportation Management Sage Kamiya, P.E., Manager, Traffic Engineering Division Sue Sandhoff, Manager, Fiscal Operations Division, Public Works Department Elaine Apostol, Senior Administrative Specialist, Public Works Department S llwoule\rls\2011\sclw.llborerr_trafficmgm<cent..op&:maintenadcoila_cob_supp _RESP _ doc