Res 73-81 RESOLUTION NO. 73-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION
OF THE TRAFFIC SIGNAL AGREEMENT BETWEEN THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF DELRAY BEACH.
WHEREAS, the City of Delray Beach deems it in the public
interest to provide for the operation of certain traffic signals on
the State Highway System within the City of Delray Beach and to
enter into the attached agreement with the State of Florida Depart-
ment of Transportation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray
Beach concurs in the provisions of that certain agreement attached
hereto pertaining to the design, installation, operation and main-
tenance of a traffic signal installation described in Exhibit
to that agreement.
Section 2. That the City Council of the City of Delray
Beach authorizes the said agreement to be executed by a legally
designated office of this Public Body.
PASSED AND ADOPTED in regular session on this the 25th day
of August, 1981.
MA Y-O R~
LEON M. WEEKES
ATTEST:
Asst.. City Clerk
TRA~'F~C STGNAL AG~'~IE~'I'
THIS AGreemENT, made and en=ere~ in:o this day of
., 19 ___, by and between the State of Florida Department
of Tran$.~ortation, an agency of the State of Florida, hereinaftmr called the
"~epa,-~men=," and the City of Delra¥ Beach , Florida, hereinafter ca/led
=he. "Public Body-."
~ I T'N E S S E T H:
WHERE~S the-cons==uc~ion and maintenance of a =raffic signal, or signals,
is necessary for safe and-efficient highway transportation aC the location,
or iota=ions, as aescxibed in' Exhibit "A", at.-~.ached, here~o~ and
WHEREAS the Public Body, by resolu=ion at-aache~ hereto-and made a par~
he=eof, has de=exmined =ha= i= i~ in the public interest fo= the Public' Body'
to mainT~i~ an~ operatm signal inst~.lla~ion~ along the State' Highway Sys~m:
NOW, ~, THIS INDENTUR~ :~SETH: That in consideration of the
praises, and the mu=ual covenan=s contained herein to be undertaken by =he
rmspec=ive pax~.ies, heretz;, the ~ar~ies, and each of them, m~x~m3.1y' agree and.
covenan= as .follows:
1. Tha= the ~raffic signal, or signals, at the locations described'in
Exhibit "A", a=tached here=o and made a par~ hereof, will be so designed t. ha=
t. he functional design of the installation and its componen~ will be mutually
acceptable to the part.~es hereto.
2. When ins ~t~Lla=ion of' the traffic signal(s) is to be perfo=med by eithe~
t_he Public' Body or under t.he supervision of the Depar~:nent, the cons~ru~aion
and/or ins=allation shall no= endanger t. ravel along the roadways involved and
all operations shall be conduc=ed in accord with the ~mnual on Traffic Controls
and Safe Practices (Part VI), as published by the Florida Department of Transpor-
tation.
3. Upon completion of the installation and in =he case of construction
contracts, its conditional acceptance, the Public Body shall undertake the
mainUanance and continuous operation of said signal installation(s) and the
payment for all costs for electricity and electrical charges incurred in
connection with the operation thereof.
4-. The P~blic. Body shall main=ain the signal ins~.lla=ion in accordance
wi=h D~en= ~licies ~d ~ a l~el of main=en~ce ~a= wi~ nrovide'
~~-ha~rd ~ ~vemen= of =affi=. In ~is regard, ~e P~lic Body sha~
record ~in=enance. ac~vi~es =e~ative ~ said ~affic sisal ~~on
a "Dep~'~n= of ~~~on. ~fic Signal ~aint~nance ~" or an
5. I= is h~ ~d~s=o°d ~d agre~ ~ the ~a~es here~
~ ~ ~ wi~u= a~pria=e coo~ina~on wi~ =he o=her ~a~.
~~ of ~e ~b~e~. and ~e ~T of ~e signals will
=affic w~ Be ~p~l~ han~l~ aC ~e ~e off ~e c~le~on'
~~~on of ~e. sisals. Neces~ m~ifica~ons
c~i~ ma7 be ~e ~ ~e- P~ic B~' ~ ac~~=e- ~e c~n~n~ ne~s
of ~f~c, bu= ~he, Dep~en= rese~es th~ ~gh=
~'~e. ~,- ~=~ due- con~=ion ~ ~ ~es. here~,
~ phas~g' ~= will p~vide, a safe ~ ~i~ous
S~=e ~ighway' Sys=~. If ~fi~tion in =~ing and ~he cir~i~ or ~s~
~ ~i~ ~ the Dep~=~=, ~l~=ion of ~ch m~ifica~ons s~ be
c~~ted ~rough ~e ~blic
f~ =he P~lic
8. ~ch ~ does here~ ind~ifv and hold ha~l,ss 2he o=her fr~ all
l~i~, cl~s and Jud~= (including a=~rney's
~rk ~~en b~ ~ch ~ar~ purs~an= =o this a~e~ent,
n~ligen= ac=s or ~issions of such pa~, ~=s con=factors, sub-con.actors,
~loyees, a~ents, or represen~ves, respectively, exceTt as o=he~ise
~vered ~ ~nds or instance.
~ xx x~ ~:~,~ x~,~ x~x~xx x~~~~ ~;~~,x~~, ~
10.. I~ is ~d~~ and a~eed ~
sh~l r~in- ~ force d~nq .~e' life of
1~ W~TNES~. WHERE.', =h~ parties hereto have ¢a~t these presen~ t~ be
e=m=u~, =he day ami y~r firs= ak~v~ writ"aah.
STAT~ OF FLORIDA
DEPAR~m27T OF TRAN~ATION
PUBLIC BODY
ATTF~T:
Approved: Approved as to form, legality and
execution:
, Date Attorney
EXHIBIT "A"
MAINT~NAN~ AGRFF3~T
TRAFFIC SIGNALS
This ~h/~i= "A" forms an in=egral part of that certain Traffic Signal
~intenance Ag~memen= between the State-of Florida Depar~en= of Transpoz-=a=ion
an~ ~h~ City of Delray Beach
TRAFFIC
PROJECT STATE ~ OPERATIONS
Sec=ion 93030 $R-806 (At_Lan=ic Avenue) SR-806 (At. Lan=ic Avenue)
Eas= 7 Avenue-
AMENDMENT TO tRAFFIC SIGNAL AGREEMENT
THIS IS AN AMENDMENT TO THE TRAFFIC SIGNAL AGREEMENT DATED
THE DAY OF , 1981, BY AND BETWEEN THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF
FLORIDA, HEREINAFTER CALLED THE "DEPARTMENT", AND THE CITY OF DELRAY
BEACH, FLORIDA, HEREINAFTER CALLED THE "PUBLIC BODY".
The Department and the Public Body hereby agree to the following
amendments to the Tracific Signal Agreement dated the day of , 1981
notwithstanding any provisions to the contrary:
WITNESSETH:
1. That paragraph I o2 the Traffic Signal Agreement is' amended to read as
follows:
1. That the Department authorizes the installation, operation, and
maintenance by the Public Body
signals, at the location described in Exhibit "A", attached hereto
and made a part hereof, and that such trallic signal, or signals, will
be so designed that the iunctiona, l design of the installation and
components wLll be mutuaJJy acceptable to the parties hereto.
2. That paragraph 8 o2 the TraY.2ic Signal Agreement is amended to rea~ as
follows:
8. The Department does hereby indemnify and hold harmless the
Public Body and its agents and employees 2rom ali loss, liability,
claims, expenses (including attorney's fees) and judgments arising
out o2 the negJigent or otherwise tortious acts or omissions of the
Department, its contractors, subcontractors, employees, agents or
representatives, in performance of this agreement, except as
otherwise covered by bonds or insurance. The Public Body does
hereby indemnify and hold harmless the Department and its agents
and employees from all loss, liability, claims, expenses (including
attorney's fees) and judgments arising out of the negligent or
otherwise tortious acrs or omissions o2 the Public Body, its
contractors, subcontractors, employees~ a§ents or representatives,
in periormance of this agreement, except as otherwise covered by
bonds or insurance.
3. That a new paragraph 11 is added to the Traffic Signal Agreement to
read as follows:
11. It is hereby understood and asreed 'by the parties hereto that the
Public Body may transfer or assign all o2 its rights and responsi-
bilities under this agreement to Palm Beach County, and in the
event that such a trans/er or assignment is made, the Public Body
shall not be responsible 2or the acts or omissions 02 the assignee or
for any breach of the terms of this agreement by the' assignee. So
long as such an assignment is in eiiect, the Public Body shall not be
subject to the terms oi this agreement.
IN WrTNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
STATE OF FLORIDA: PUBLIC BODY
DEPARTMENT OF TRANSPORTATION By:
By:
Director of ~dminis'n'ation ATTEST:
By: (SEAL)
Executive Secretary
Approved as to form, legality and execution:
By:
City A~orney