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HomeMy WebLinkAboutRes 1973-07 Authorizing the Execution of Traffic Signals MaintenanceRESOLUTION NO. 7-73 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE VILLAGE OF NORTH PALM BEACH. WHEREAS, The Village of North Palm 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" to said agreement, and according- ly to enter into the attached agreement with the State of Florida Department of Transportation, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PAIM BEACH, FLORIDA: Section 1. That the Village of North Palm Beach concurs in the provisions of that certain agreement attached hereto, pertaining to main- taining a traffic signal installation described in Exhibit "A" to that agreement. Section 2. That the Village of North Palm Beach authorizes the said agreement to be executed by a legally designated officer of this Public Body. PASSED AND ADOPTED THIS 8 DAY OF FEBRUARY, 1973. /s/ H. Mallory Privett, Jr. MAYOR ATTEST: /s/ Dolores R. Walker Village Clerk r • ' h EXHIBIT "A" MAINTENANCE AGREEMENT TRAFFIC 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 Village of North Palm Beach, dated February 8 LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: State Job. SR TRAFFIC No. NO. OPERATIONS NO. LOCATION: • , 19 73 . Federal and North Lake Boulevard COUNTY TRAFFIC SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY NO. NO. NO. NO. 93000 Palm Beach Village of North Palm Beach MAINTENANCE AGREEMENT • TRAFFIC SIGNALS THIS AGREEMENT, made and entered Into this February 8th day of , 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 Village of North Palm Beach FLORIDA, hereinafter called the "Public Body." W I T N E S S E T H: 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 incurred in the operation of said signal installation; NOW, 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 as follows: 1. That the traffic signal or signals as described in Exhibit "A" attached hereto and rade a part hereof, 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 financing and construction thereof. 2. That the Public Body shall, upon completion of the installation, assume the sole responsibility for the maintenance and continuous operation of said signal lnstlillation and the payment for all costs for electricity and electrical charges Incurred in connection with the operation therof. 3. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record mains tenance activities relative to said traffic signal installation in a "Department 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 the 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 equipment or any major component thereof without the express written permission of the Department. 5. lit 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 installation of the signals. Necessary modifications in timing or minor circuitry may be made by the Public Body to accommodate the changing needs of traffic but the Department reserves the right to examine the equipment at any time, and after due consultation 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 additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harmless the Department from 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 speci- fically understood and agreed that this indemnification agreement does not cover or indemnify the Department 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 prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, 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 remain in force during the life of the originally installed equipment and any replacement equipment installed by the mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WITNESSES: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1 BY: BY: As to the Department Executive Secretary r.1) ��>.a..,_ As to the Public Body Director of Administration PUBLIC BODY BY: Title: ,Mayor (SEAL) ATTEST:4%(5 -=r' +_:.' i-el.?r(SEAL) Village Clerk Approved: Approved as to form, legality Director of Road Operations and execution. (Initials) (Date) Assistant Attorney