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