Loading...
Resolution 034-1973RESOLUTION NO. 34 -1973 RESOLUTION AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BE- TWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE BOARD OF COUNTY COM- MISSIONERS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, 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 accordingly to enter into the attached agreement with the State of Florida Department of Transportation, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. That said Board concurs in the provisions of that certain agree- ment attached hereto, pertaining to maintaining a traffic signal installation described in Exhibit "A" to that agreement. 2. That said Board authorizes the said agreement to be executed by a legally designated officer of this Public Body. DATED March 27, 1973. COUNTY SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY NO: NO. `NO. NO. NAME 90000 3503 5 Monroe MAINTENANCE AGREEMENT TRAFFIC SIGNALS THIS AGREEMENT, made and entered into this day of 19 , by and between the State of Florida Department of Transportation, an Agency of the State of Florida, hereinafter called the "Department" and the Board of County Commissioners of Monroe County, FLORIDA, hereinafter called the "Public Body." e WITNESSETH: 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 made a part hereof, will be so designed that the functional design of the installation and its components will be mutually acceptable to the 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 this or another governrpental 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 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 As hereby understood and agreed by the parties hereto that the Public Body may remove any component of the installed equipment for repair bu•t the.Publie Body shall not, under any condition, permanently remove•the main frame of the control unit without the express written permission of the Department. 5. I.t 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 circuity 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 time, 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 additional 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 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 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 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 ful- fillment 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, provided however that additional or replacement equipment purchased and installed wholly at the expense of the Public Body.in accordance with this pro- vision shall remain the property of the Public Body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year -first abovd written. WITNESSES: As to the Department As to the Public Body Approved: ". Director of Road Operations Initia s Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director of Administration BY: (SEAL) Executive Secretary BOARD OF COUNTY COMMISSIONERS X0MXX.E }DUX OF MONROE COUNTY, FLORIDA BY: Chairman Title: ATTEST: (SEAL) Clerk Approved as to form, legality and execution. ' Assistant Attorney 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 _Board of County Commissioners ofMonroeCount y� Florida Dated 19 t LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: STATE TRAFFIC LOCATION: JOB SR OPERATIONS -N0. NO. NO. Approximately at intersection of Overseas High- 90000-3503 5 1 way _(SR-5) and 4 mile North of Vaca Cut Bridge, Marathon Shores (San Pablo School). between Bowen Drive and Bonita Drive on Overseas Highway (SR-5) Kay Largo Upper Key Elementary School I RESOLU'I'10N NO. f R131SOLUTION AUT11ORI7,ING THE EXECUTION OF rnir, TizArric SIGNALS MAINTENANCE AGREEMENT BETWEEN TIM STATE OF FLORIDA DBPAIZTMEINT OF TRANSPORTATION AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. On motion of Commissioner Parker , seconded by Commissioner Carter , the following resolution was adopted: e Boarct o ounty Commissioners WHEREAS,, of Monroe County, Florida, , 'deems it in the public Public Body interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" to said agree- ment, and accordingly to enter into the attached agreement with the' State of Florida Department of Transportation. l NOTI, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. That said Board concurrs in the provisions Public Body) of that certain agreement attached hereto, pertaining to maintaining ' a traffic signal installation described in Exhibit "A" to that agreement. 2. That said Board authorizes the said (Public Body) agreement to be executed by a legally designated officer of this Public Body. STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that the foregoing is a true and correct copy of a Rcsolution adopted by said Board at a meeting meld on the 27th day of March , A.D. , 1973 , and recorded in its minutes. IN WITNESS IglIEREOF, I hereunto set my hand and official seal this day of March , A.D. , 1973. (SEAL)