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Res 51-75 RESOLUTION NO. 51-75 A RESOLUTION OF THE CITY COUNCIL OF TttE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENanCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City 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 State of Florida Department 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, Florida~ concurs in the provisions of that certain agreement attached hereto, pertain- ing 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 of this Public Body. PASSED AND ADOPTED in regular session on this the 27th day of October, 1975. ATTEST: /~ City Clerk 'COU~IT¥ ' ' TRAFFIC SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY NO, NO. NO. NO. NAME 93220-3458 1-95. '" . . Palm Beach. Delray Beach )3220-3452 .. 1-95 '" · . MAINTENANCE AGREEMENT · . " .-..·. . '-.' · .TRAFFIC SIGNALS -. TttIS AGREENENT, made' and entered into this day 6f . . ... ~" ..... , 19 , by and between the State of Florida Department of Transportatic.n., an Agency of the State of Florida, hereinafter called the "Department" and the c._T~¥ OF DETmA¥ _ .'~LORIDA, hereinafter called the "Public Body." .-- : '.. ''~ : .'.'~ ~. '. '- ..- .'-~:.~: ....... ... .~- ! . -. : ':WHEREAs, the construction and maintenance of a traffic signal, or signals, .' 'is necessary for the safe and efficient highway transportation at the location ---or' loc'~tions as described in'£xhibit "A"i attached hereto; and ...... · ': .WJlEREAS, the Public Body, by resolution attached hereto and made a part hereof, · has determined that it is in the public,interest for th6' Public Body to assume ' the responsibility for maintenance and electrical power costs incurred in the . :' operation of said signal installation: " }IOW, THEREFORE, THIS INDENTURE WiTNESSETH: That in' consideration of the ..' premises and the mutual covenants contained herein to be undertaken by the re- spective parties hereto, the parties and each of them, mutually agree and covenant ' ~S OWS: " 1, .That the traffic signal or signals as descr{bed 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 Department supervision, with the actual method of construction and financing determined by the Department's policies, budget, and agreement or agreements which it may have with this or another governmental unit .relating to the fin~,ncin~ and constructien thereof. 2. That the Public Body shall, upon completion of the installation and acceptance by the parties hereto,'assume the sole-responsibility for the maintenance and continuous operation of said signal installation and the pay- ment forall costs for electricity and electrical Charges incurred in connection with the operation thereof. .. 3. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provi'de minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said traffic signal installation to a "De- partment of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. "' 4. That 'the equipment shall remain the property of.the Department, and it is hereby understood and agreed by th~ parties hereto that the Public'Body may remove any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main frame of the control unit v~thout the express written permission of the Department. --5. "i-tis~expressiy~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 installation of the" signals. Necessary modifications in timi~g or minor circuity may.'be made by th6 Public Body to accommodate the changing needs of traffic but the Department re- serves the right to examine the equipment at any time, and after due consulta- tion with the parties hereto, specify timing and phasing that will provide a safe 'and expeditious traffic flow in the stat~ highway system. 6. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harm- less the Department 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 Public Body, its agents or employees, or due to any act or occurrence or omission or commission of the Public Body, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Department~or its ~gents.~r employees, for its own negligence or breach of contract. 8. It is mutually agreed that the Department's Director of Road Operations_ shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under, or by reason of this agreement, the prosecd~ion and ful,-~ · '.~, fillment of the ser~!ices hereunder and the character, quality, amount and v~l.ue thereof; and his decision'gpon all claims, ~uestions and disputes shall be final and conclusive upon the pa~ties hereto. 9. It is understood and agreed by the parties hereto that this agreement shall remain in force du~ing the life of the originally installed equipment and ahy replacement equipment installed by the mutual consent bf. the parties hereto, provided however t~at ~dditional or replacement equ]pmen~ purchased and installed wholly at the.expense 'of the Public Body in accordance with this pro- vision, shall remain the p~ope~ty of the Public Body. IN WITNESS WHEREOF, thelparties hereto have caused these presents to be executed, the day and year first above written. .WITNESSES: STATE OF FLORIDA :.:.-.~_ _- DEPARTMENT OF TRANSPORTATION ~--.-- - Director of Administration BY: (SEAL) As to the Department Executive Secretary PUBLIC BODY BY' Title: ATTEST: " .(SEAL) As to the Public Body Apprdved: . Approved as to form, legality D~rector of Road Operations .. and execution, - (Initials) ' ('Date) ~ssistant Attorney - MAIIITENANCE AGREEMENT .'.: lhis Exhibit "A" forms an i'ntegral part of that certai~ Traffic Signals l.taintenance Agreement' between the State of Florida Department of Transportatien .and the City of Delray Beach Dated · , 19 . -' . "- - .. ' ... · .~.:.. - .- .. . ." .. ....:. .' ~ . , . -. ~ LOCATION OF TPAFFIC SIGNAL INSTALLATIONS: ~' .'-- .~ . ... '.. --' JOB ' ..._-SR OPERATIONS ' . -- . . 93220-3458 1-9.5 -1-95 and 17est Atlantic Boulevard 9320-3452 1-95 1-95 an~ Linton Boulevard