1973-07 Authorizing the Execution of Traffic Signals Maintenance
RESOLUTION N0. 7-73
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEAC}{~
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 BEAC}{, FLORIDA:
Section 1. That the Village of North Palm Beach concurs in the
provisions of that certain agreement attached hereto, pertaining to main-
' taming 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
Rrblic Body.
PASSED AND ADOPTED THIS 8 DAY OF FEBRUARY, 1973.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
' /s/ Dolores R. Walker
Village Clerk
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EXHIBIT "A"
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
This Exhibit "A" forms an integral part of that `certain Traffic Signals
114aintenance Agreement between the State of Florida Department of Transportation
and the Village of North Palm Beach, dated 'February' 8 19 73 .
LOCATION OF TRAFFIC SIGNAL INSTALLATIONS:
State ~
Job. SR TRAFFIC ~
No. NO. OPERATIONS NO. LOCATION:
Federal and North Lake Boulevard
~ 1.
LODUiY TRAFFIC
SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY
N0. N0. N0. N0.
43000
Palm Beach Village of North Palm Beach
MAINTENANCE AGREEMENT
TRAFFIC SIGNALS
THIS AGREEMENT, made and entered Into this 8th day of
]'ehruarY 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 Villaoe of North Palm Beach
FLORIDA, he rel,nafter called the "Public Body."
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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, T111S 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 rude a part hereof, will be installed under Department supervision,
with the actual method of construction and financing determined Dy the Department's
pciicies, budget, and agreement or agreements which it may have with this or
another governmental unit relating to the financing and construction thereof.
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2, That the Public Body shall, upon completion of the installation,
assumo the sole responsibility for the maintenance and continuous operation of
said signal inst),llation and the peyment 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 Publlc Body shall
not, under any condition, permanently remove the equipment or any major component
thereof without the express written permission of the Department.
$. I~ 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 r19ht 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 thn Department for its own negligence or breach of contract.
8. It is mutually agreed that the Ocpartment'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 ail 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, [he parties hereto have caused these presents to be
executed, the day and year first above written.
WITNESSES:
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Director of Administration
As to the Department
As 'to the Public Body
Approved:
Director of Road Operations
BY: (SEAL)
Executive Secretary
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~ PUBLIC BODY
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Title: , P1ayor `J
ATTEST• ~` ~' ~.r'-,..~_r .~1~ _t~,E~ {SEAL)
Vi]lage C]erl<
Approved as to form, legality
and execution.
Initials Oate Assistant Attorney