Res 15-75 RESOLUTION NO. 15-75
A RESOLUTION OF THE CITY CdUNCIL OF THE CITY'
OF DELRA¥ BEACH, FLORIDA, AUTHORI?.ING THE
~, EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE
AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, The C~ty Council of the City of Delray Beach, Florida, deems
it in the public interest to maintain and pay electrical costs for the
operation of traffic signal or signals described in Exhibit "A" to said
agreement, and accordingly to enter into the attached agreement with the
Board of County Commissioners of Palm Beach County, Florida,
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, Florid~
concurs in the provisions of that certain agreement attached hereto, per-
taining to maintaining a traffic signal installation described in Exhibit "A",
to that agreement.
SECTION 2. That the city Council of the City of Delray Beach, Florida,
authorizes the said agreement to be executed by a legally designated officer I
of this City.
PASSED A_ND ADOPTED in regular session on this the 12th day of March,
1975.
ATTEST:
C i ty ~gl erk
MAINTENANCE AGREEMENT ,
.TRAFFIC SIGNALS
THIS AGREEMENT, made and entered into this day of.
19 _ , by and between Palm Beach County, Florida, a political subdivision of
the State of Florida, hereinafter called the "County", and the City of Delray
Beach, Florida, a municipal corporation of the State of Florida, hereinafter
called the "City".
WITHE S SE TH:
WHEREAS, the construction and maintenance of a traffic signal', or'
signals, is necessary for safe and efficient highway transportation at the
location or locations as described in Exhibit "A", attached hereto; and
WMEREAS, the City, by resolution attached hereto and made a part
hereof, has determined that it is in the public interest for the City to assume
the responsibility for maintenance and electrical power costs incurred in the
operation of said signal installation;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in considerati, on of
'the premises and the mutual covenants contained herein to be undertaken by the
respective parties hereto, the parties and each of them, mutually agree and
covenant as follows:
1. That the traffic signal or signals as described in Exhibit "A",
attached hereto and made a part hereof, will be so designed that the functional
design of the installation and its components will be mutually acceptable to
the parties hereto, and will be installed under County supervision, with the
actual method of construction and financing determined by the County's policies,!
budget, and agreement or agreements which it may have with this or another gov-
ernmental unit relating to the financing and construction thereof.
2. That the City shall, upon completion of the installation and
acceptance by the parties hereto, assume the sole responsibility for-the main-
tenance and continuous operation of said signal installation and ~he payment
for ell costs for electricity and electrical charges incurred in connection
with the operation thereof.
3. The City shall maintain the signal installation in accordance
with County policies and to a level of maintenance that will provide minimum
hazard to movement of traffic. In this regard the City shall r~cord maintenance'
activities relative to said traffic signal installation to a "Traffic Signal
Maintenance Log".
4. The equipment shall remain the property of the County, and it is
hereby understood and agreed by the parties hereto that the City may remove any
component of the installed equipment for repair but that the City shall not,
under any condition, permanently remove the main frame of the control unit
without the express written permission of the County.
'5. It is expressly understood and agreed by the parties hereto that
the wiring of the cabinets and the timing of the signals will be such that the
traffic will be properly handled at the time of the completion of the installa-
tion 'of the signals. Necessary modifications in timing or minor circuity may
be made by the City to accommodate the changing needs of traffic but the County
reserves the right to examine the equipment at any time, and after due consulta-.
tton with the parties hereto, specify timing and phasing that will provide a
safe and expeditious traffic flow in the state highway system.
6. The City shall not modify the equipment to provide additional
phases or intervals without written permission from the County. [
7. The City hereby agrees to indemnify, defend, save and hold harm-
less the County for all claims, demands, liabilities and suits of any nature
whatsoever arising out of, because of, or due to the breach of this agreement
by the City, its agents or employees, or due to any act or occurrence or
omission or commission of the City, its agents or employees. It is specifically
understood and agreed that this indemnification agreement does not cover or
indemnify the County, or its agents or employees, for its own negligence or
breach of contract.
$. It is mutually agreed that the County' Engineer shall decide all
questions, difficulties and disputes of any nature whatsoever that may arise
under, or by reason of t~is agreement, the prosecution and fulfillment of the
services hereunder and ai,~ character, quality, amount and value thereof; and
his decision upon all claims, questions end disputes shall be final and conclu-
aive upon the parties hereto.
9.. It is understood and agreed by the parties hereto that this agrce-
merit shall remain in force during the life of the origtnally installed equipment
and any replacement equipment installed by the mutual consent of the parties
hereto, provided however that add£tional or replacement equipment purchased and
installed wholly at the expense of the City'in accordance with this provision
shall remain the property of the City.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed, the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WITNESS: PALM BEACH COUNTY, FLORIDA
By:
Chairman
As to Palm Beach County Attest: (SEAL)
CITY OF DELRAY BEACH, FLORIDA
As tO th~fOf ~-elray Beach
(SEAL)
~pproved ~s to rom and
legal ~uff~cfency:
County Attorney
EXHIBIT "A"
MAINTENANCE AGKEEMENT
TI{AFFIC SIGNALS
This Exhibit "A" forms an integral 'part of that certain Traffic Signal:
Maintenance Agreement between the County of palm Beach and the City of Delray
Beach, Florida,
Dated , 19 .
LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
Location:
Intersection of South 10th Street, Swinton Avenue, and Old Dixie Highway,
Delray Beach, Florida. Commissioner District No. 4