Res 36-73 RESOLUTION NO. 36-73.
A RESOLUTION OF THE CITY COUNCIL OF THE 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.
WHEREAS, the City Council of the City of Delray Beach
deems it in the public interest to maintain and pay electrical
costs for the operation of a traffic signal located at the inter-
section of Federal Highway (State Road 5) and Linton Boulevard
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 AS FOLLOWS:
1. That the City Council of the City of Delray Beach
concurs in the provisions of that certain agreement attached
hereto, pertaining to maintaining a traffic signal installation
described in Exhibit "A" to that agreement.
2. That the City Council of the City of Delray Beach
authorize the said agreement to be executed by a legally designa-
ted officer of this Public Body.
PASSED AND ADOPTED in regular session on this the 13th
day of August, 1973.
SECTIOr~ dOB SR OPERATIO;I$ COUNTY ..... 14UNIC,I P^LI TY
NO. NO. NO. NO. NAME .
93010 3510 5 Pahn l~eacJ~ Delra)'
· MAINTENAIICE AGREEMENT
· .'. 'I'RAFFIC SIGrIALS
THIS AGREEI,IENT, made and entered into this 20th day of
_.. .Auqust , 19 73 , 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 I~each
FLORIDA, hereinafter called the "Public Body."
· / °
· W I TN E S S E TH:
· WHEREAS, the construction and maintenance of a traffic signal, or signals,
is necessary for the safe and efficient highway transportation at the location
or locations as described in Exhibit "A", attached hereto; and
WHEREAS, the Public Body, by resolution attached hereto and made a part hereof,
has determined that it is in the public interest for the Public Body to assume
the responsibility for maintenance and electrical power costs incurre~ in the
operation of said signal installation:
NOW, THEREFORE, .THIS INDENTURE WITItESSETH: 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
as fol I Ows: · '
l. That the traffic signal or signals as described in Exhi6it "A", attached
hereto and made a part hereof, will be so designe'd that tile 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 con.struction and financing determined by tile Department's policies, budget, and
agreement or agreements which it may have with this or another governmental unit
relating to.the financing a~d const~'~ction thereof.
2. 'That the Public Body shall, upon comp l'e ti on of'the installation and
acceptance by the parties hereto, assume tile sole responsibility for the
maintenance and continuous operation of said signal inst~llation and tim pay-
.ment for all costs for electricity and electricali charges incurred in connection
~tith the operation"thereof.
2, The Public Body shall maintain the signal' install~tion'in accordance
~th Department policies and to a level of maintenance, that'.will'provide minimum
hazard to movement of traffic. In this regard the: Public:Bbdy. shall record
maintenance activities relative to said traffic'.si~na.l' ins~all&tiOn to a "De-
partment of Transportation Traffic Signal Maintenance. Log~' or:an approved
e~uivalent log. ' ......
4. That the equipm~;nt shall remain' th~. property of-'.the?D~partment, and it
.is hereby understood ~ahd agreed by the parties' hereto, tha~:the..PUblic Body may
· remove an~ component of the installed equipment' fmr-repair.'but-.the-Public Body
shall not, under any condition, permanently remo~ the: maih-, f~a~s_- of 'the control
unit without the express written permission of the Department.. ~
5. I.t is expressly understood and agreed by the parties-hereto that the
wiring of the cabinets and the timing of the signal's will' be such that the traffic
will be properly handled at the time of the. compl'etion of'the.installation of the
si§nals. Necessary madifications in timing or minor circuity, may be made by the
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 ~,till provide a safe
'and expeditious traffic flow in 'the state 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
}thats6ever arising out of, because of, or due to the breach of this agreement by
the Public Dody; its agents or e~,,ployees, or due to any act or occurrence or
omission Or' commission of the Public l]ody, its agents or employees. It' is
, specifically understood and agreed that this indemnification agreement does
not cover or indemnify tile Department[ or its agents or emplo3;ees, for its own
.. I~egligence or breach of contract.
8, It is m~ually a. greed that the Department's Di'rector'of Rbad:Oj)erations:
shall decide all. questions, difficulties and disputes of any nature:whatsoever
that may arise under, or by reason of this agreement, the-prosecution and ful--
fillment of the services hereunder and the character,: quaTity,..amountr, and value.
I
thereof; and his decision upon all claims, questions and' disputes:sha:ll'be, finat
and conclusive upon the parties hereto.
9. It is'understood and agreed by the parties hereto that this: ag.reement'.
shall remai~ in force during the life of the originally installed: equipment-
' .and any r~pl.acement equipment installed by th~ mutual consent 'of' the; parties
.,:
· hereto, provided however that additional or replacement'equ'~pment purchased and'
installed wholly at the expense of the Public Body i'n accordance' wi~ch- this'pro.~-
vision shall remain the property of the Public Body. '
!N WIT1~ESS 1.,HER~_OF, the parties hereto have caused' these presents to be
executed, the ~day and year first above written.
WITNESSES: STATE OF' FLORIDA
DEPARTI4EI.~T OF TRANSPORTATIO:I
BY:
Director of Administration
BY: (SEAL)
As to the Department Executive Secretary
PUBLIC BODY
BY: CITY OF DELRAY BEACH
..... - ' MaYor',
~ to the 'Public Dody
ApVroved: ' App~owd a~ to form, legal ~ty
D~re~tor of ~o~ Operat~o~5 and execution.
: (lni(i:l%) (l:t~-- Assista,,~ Attorney
A
....' ' 14AINIE/tArtCE AGRE 'F3.1ENT
· IRAFFI C S I GNALS '
This Exhibit "A" forms an int¢.~ral part of that certain Traffic]Signals
gaintenance Agreement between the State of Flori'da Department of'Transportation-
and the City of Delray Beach, Florida
Da'ted Augu,t 20 . ,. 19 73.
LOCATIO:t OF TRAFFIC SlGr~AL II~STALLATIOrtS'
: · .'..:;, ;:,... · ·
STATE' TRAFFIC LOCATION:
dOB SR OPERATIO,,S
· 1~0. NO. NO.
93010-3510 5 'at S.E. ]2th Str~t Linton. Boulevard_