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75-VVVRESO.LUTION NO 75.-...~.~. ~ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 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: Sectionl 1: That the City of Boynton Beach concur in the provisions of that certain agreement attached hereto, pertaining to maintaining a traffic signal installation described 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 hi~s~ absence the Vice-Mayor, and the City Clerk. PASSED AND ADOPTED THIS ~ day of November, A.D., 1975. CITY OF BOYNTON BEACH, FLORIDA BY Mayor ATTEST: city _h'? ....... t. o. rm. ~A:. I.L]T v 9322ff 3458 Palm Beach B6ynton Beach FF~INTENANCE AGREENE~.T TRAFFIC SIGNALS Tills AGREEI,IENT, made and entered into this day of , 19 __., bY and between the State of Fl.orida o Department of Transp-ortat~on, an Agency of the State of Florida, hereinafter called the "Department" and the City of Boynton' Beach : ..FLORIDA, hereinafter called the "Public Body." -- ............. .. - ....... --WI TN ES $ETH: ~"rIERF_AS, the construction and m~intenance of a traffic signal: or signals, is ~ecessary for the safe and efficient' hi§hw~y transportation at the location :.-'or locations, as described in Exhibit "fi,, attached hereto; and -- ~qEREAS, the Pub]i-c-Body, by resolutidn attache~'hereto and mad.- a par~ hereof: has determined 1hat it is in the public, interest for the Public Body t° assume the responsibility for maintenance and electrical power costs incurred in the operation of said signal installation: _. . ' - NO,J, THEREFORE, THIS INDE~ffURE W!TNESSETH: That in Consideration of the premises and the mutual covenants contained herein to be 'undertaken by' the re- .spitfire parties hereto, ~he parties and each of them, mutually agree and covenant as follows: - .'. I. ~flat the traffic s~gnal or signals as described in Exhibit "A", attached hereto and made a part hereof, wil] ~e so designed that the functional design of 'the installation and-its components will be mutually acceptable to the pa~ties hereto, and ~ll be installed under Department superv~sio~, w~th the actual method of construction and financing determined.by thc Department's policies, budget, and a_qreement or _ n,~- + . a_qrem,=n~s which it may have ,,qith this or another 9overnmental unit relatin§ to the financin~ and construction thereof. T~,.~. the Public .~.ody shall, ~!pon completion oF ~,~:e installation and acceptance by the parties horeto~'ass~ne tho so!e-responsibility for the maintenance and continuous operation of said signal installation and the pay- ment for all costs for electri.c~y,~ ~'~nde,ect.~ ,~'~ca~ ~ charges incurred in'connection with the operation thereof. .. ~ 2. The Public Body shall maintain the signal installation 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 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 ''.-~s: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 main frame of the control ..~-.~nit.~Kthou~ the express ~ritten permission of the Department. .,~..-5,-'~%~s~expr~ss~l'y-trrrde~st-o~od--a~d~-agree-d-by-the 'par~'ieS hereto that the ~ :-wiring of the cabinets and the timing of the,signals wil~ be such that the traffic =~Will be properly handled at the time of the completion'of the installation of the ---signals. Necessary modifications in timiHg 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 con'sulta- :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. ?. The Public Body hereby agrees to indemnify, defend, save and hold harm- ..: tess 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 o,,l~ssion et~ comi~fissivn of the Public gody its ;,o.~~''~ or e~,~lc~e~. ~t ~s speci~fically understood and agreed that this indemnification agreement does not cover or indemnify the Department.~ or its a'gents_o.r employees, for its own negligen, ce 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 prosectit~ion and ful- fillment of the services hereunder and the character, quality, amount and value thereof; and his decision' {)pon all claims, questions and disputes shall be final and conclusive upon the parties he]were. ' ~.. 9, .It is understood and agreed by the parties hereto that t~is 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, provided however.t)~at ~dditional or'replacement e~L~pmen.t purchased and installed wholly at the-expense'of the Public Body in accordance with this pro- vis.ion, shall' remain the property of the Publ.ic Body. : -: . IN WITNESS WHEREOF, the ]parties hereto have caused these presents to be executed~'-the day and year first above.written. ' WITNESSES: As to the Department STATE OF FLORIDA DEPARTMDIT OF TPJ~NSPORTATION '~ BY: Director of Administration Executi ye Secretary PUBLIC BODY BY: Title: ATTEST: '.' As to the Pub-tic Body Apprdved: . Director of Road Operations Approved as {o form, legality and execution. (SEAL · (SEAL) Assistant Attorney TRA rig. SIGI'~?~LS lhis Exhibit "A" forms an inte§ral part of that certain Traffic Signals ~4aintenanc.e Agreement between the State of Florida Department of Transpor'tation and the City of Boy'nton BeaCh " Dated , 19 LOCATION OF TRAFFIC SIGf~AL INSTALLATIONS: .--STALE 't~O. 93220-3458 NO. _ZRAELIC '~OPERATIONS NO. SR-9 (1:-95) ' _,_OCAI.ION. SR-9'(I-9S) an~ }~. l*l. 2nd Ave,,. RESOLUTION NO. RESOLU'J'YO*-] AOJ.}.OR].ZING 2'i ....... AG]tl:,ly-,~,N t~E'fWEEN T!IE STATE O1."' I;' ' DEPA]ITt4ENT Of? m ~ ....... ~ ,. ' -~. P'3%NoPO~t,.I_AZ -,0'N AND : ' On motion of' ..... , seconded ''" ,' the following resolution was adopted: . WHEREAS,' ~ of Boynton Beach,' deems it i'n the public ', . 5nterest~ to ma±ntain and pa2 electrical costs traffic signal or signa'ts described in E×h±b±t "A" ~o said .agree- menk~ and accordingly '~o enter into-the attached agreement: w±th the- .. State of Florida Department of Transportation .... '., :..'. ........ NOW, THEIUgFORE, BE 'IT PdgSOLVED BY " ~.' . 1. That the City o'f' Boynton B~achconcurrs in the p~ro~isions- -of that ce~-t~in agreement attached, here~o, p~rtainlng to maintaining. agreement. ~ -- 2, .That the City of Boynton Beach au~chokizes the said ' {Publ±c Body) agreement to be exec.uted by a !?gatty designated offiq:er of this .... STATE OF FLORTDA : COUNTY OF '' : '- - ' - · ~ HEREBY CERTIFY that the foregoing is a ~rue and correct copy of a Resolution adopted by at a meeting held on the day of · and recorded in its minutes. __, A.D., 19 , this IN WITNESS WHEREOF, I hereunto set my ha~{d and official seal day 6f , A.D. , 19 . (S}.:AL) d'