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73-CCC RESOLUTION NO. 73- G C ~ A RESOLUTION OF TRE CITY OF BOYNTON BEACH, FLORIDA j AUTHORIZING THE EXE- CUTION OF THE TRAFFIC SIGNALS BfAINT- ENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTA- TION AND SAID CITY. WHEREAS, the City of Boynton Beach deems it in the public interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" of the attached 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 BOYNTON BEACH, FLORIDA: Section 1: That the City of Boynton Beach concur in the provisions of that certain agreement attached hereto, pertaining to maintaining a traffic signal installation des- cribed in Exhibit "A" to that agreement. Section 2: That the City of Boynton Beach authorizes the said agreement to be executed by the Mayor, or in her absence the Vice-Mayor, and the City Clerk. PASSED AND ADOPTED T~IS day of September, A.D., 1973 CITY OF BOYNTON BEACH, FLORIDA BY Mayor Mayor ATTEST: cit i rk ? · / n Counc Councilman 'COUNTY - - - SECTION JOB SR NO. NO. NO~ 93010 3513 5 ~'TRAFFIC OPERATIONS NO. COUNTY NAME MUNICIPALITY City o~. Boynton Beach MAINTENANCE AGREEMENT THIS AGREEMENT, made'and entered into this day of _ , 19 __,. by and between the-State of Florida Department of Transportation, an Agency o'f the State of Florida, hereinafter called the "Department" and the City of Bo~_ .~on Beach hereinafter called the Public Body. . W'I'T N E S S E T H: WI~EREAS, the construction and maintenance, ora traffic signal., or: signal:s, iis necessars fOr..t~ie safe.and.effic.ient hig~raa~ transportation, at the_ location or locations as descrilbed..in"'Exhibit "A,, attached hereto.; and - · W~EREAS, the Public Body, byre.solution attached hereto and made a part hereof, has determined that it is in the public,interest for the-Public Body to assume '~m :responSi'bility for maintenance and electrical power costs incurred in the operat:ion' of said. signal.' instal la:ti'on: NOW, THEREFORE, THIS INDENTURE WITNESSETH: That 'in consideration of the premises and the :mutual covenants 'contained herein to be undertaken by. the ~e, Spec~iVe Parties hereto ,"the parties and' each of them, mutually agree and covenan, t f'ollows ' ' ' l~ ..That the traffic si gnal 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 acceptabletothe 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 t~is or another governmental unit" relating to the financing and construction 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 for all 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'°f maintenance that Will provide 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 4. That the equipment shall remain the property of 'the Department, and it is hereby understood and agreed by the Parties hereto that .the Public Body may- remove any component of' the installed equipment for repai'r but i~he Public Body s:hall not, under any condition'., p~manently remove the main-frame of the..' control u~it without the express written permission of the Department. 5..~ It is expressly understood, and agreed by the parties hereto th'at] the wiring of the cabinets and the timing o¥ the signals will be'such ~that the traffic will be properly handled at the time o'f the coml>l~tion of' the installation of the signals. Necessary mJdifications in timing or minor cf66ui?ty 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 ti e, and after.due consulta- tion with the parties hereto, specifY timing and phasing that will provide a safe and expeditious traffic flow in the state highway system... 6. The pUblic Body shall not modify the equipment tO provide ~dditional 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 th'~ 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 .agents_ or employees,'for its own negligence or breach' of contract. ' ~ 8. It is mutually agreed that the Departnmnt's Director-of Road Operations shall decide all questions, difficulties ~nd 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, quality, am°unt and Value thereof; and his decision upon all claimm, questions'and disputes shall be'final' and conclusive upon the parties hereto. ..... 9. It is understood and agreed by the parties hereto that this agreement shall remai, nin'force during the life of.the originallyinstatledj equipment ~ .......... and any replacemen~..eq~i.~nt installed by the mutUal consent'~f the Parties ",~' ~re.~o~. provided.however .that addit~onal~.or' replacement equ'~pment purchased and /~-~ i~s.ta.l'l'ed w~olly, at the expense of the Public Body in accordance wi'th.this pro~ ~-sion 's)iall remain i;h~. property of the PUbliC BOdy. ~' W~TNESS.WHEREOF, the.parties hereto have caused tries presents to be e~ecuted~ t)~e.daj/ and year~ first above ,written, ~TNESSES: .to'the" Department STATE OF FLORIDA DEPARTMENT'OF TRANSPORTATION BY: D~rector o~.Admi'n'istration ~ Executlive.i. Secr~tary .. PUBLIC' BODY BY: Title: ~s to'the pUblic"Body Approved: Director of Road Operations ~ ~ ~n~ ti.1 ~) (Date) ATTEST (SEAL) Approved'as to form, legality and execution. · I As$istant Atto'r'ney APPRO'v'ED- .- - City At~rney EXHIBIT"A" MAINTENANCE AGREEMENT TRAFEIC SIGNALS This Exhibit "A" forms an integral part· of that certain Traffic Signals Maintenance Agreement between the State of Florida Department of Transportation and the city of Boynton Beach , Dated, LOCATION ,OF. TRAFFIC SIGNALINSTAtLATI(~S:~. STATE JOB ' 93010-3513 TRAFFIC SR .OPERATIONS NO., NO, LOCATION: _I~erse~%~io.n o~ U.S.- i ~.nd 3L~. 99 A~r~nue