Resolution 033-1991
RESOLUTION NO. 033 -1991
A RESOLUTION AUTHORIZING THE MAYOR OF MONROE
COUNTY, FLORIDA, TO ENTER INTO AN AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR THE REPAIR, MAINTENANCE AND THE PAYMENT
OF FEES FOR ELECTRICITY FOR U. S . 1 STREET
LIGHTING.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
That the Mayor of Monroe County, Florida, is hereby
authorized to execute on behalf of the County an agreement with
the Florida Department of Transportation for the repair,
maintenance and payment of electrical fees for street lighting on
U.S. 1. A copy of the agreement is attached and incorporated by
reference.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~()t~ day of ~l't"tu.~ ' A.D. 1991.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~:~~:"::;-~ ""~
ayor ha~rman
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
By
APPROVED AS TO FORM
~LFFiCIENCY.
By . ..
A~iOmEl~S Ice
"",. ?-t;, - 9 I
C"", r--,
.,
ee)
f--i.
=""l1
,-"
en
-q
:::OC)
C.-:' "~'-
j-'l
;''';
'--roo
j ,/
c'
c. -....1
L,~_".
-..", .
",,-,-
LJ
-...,
_-:J
. -}
i"-I
-f C)
-,,~.. __.J
-"'1
.-
:D-
"
I 'J
-t: ::.)
:::':~l
( J"1 ~:-''j
610100
• TATF ()V FLORIDA DEPARTMENT OF TRANSPORTATION
joINT PROJECT AGREEMENT
If LIGHTING
lit!H AGREEMENT, entered into this day of
, Jr) by and between the STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of
Ia : 1-.aLe of Fjolida, hereinafter called the DEPARTMENT and
Lhe COUNTY OF MONROE a political subdivision of the State of
Floiida , existing under the Laws of the State of Florida,
hereinafter called the COUNTY.
WITNESSETH
WHEREAS , aL; as part of the continual updating of
Sate of Florida Highway System, the DEPARTMENT for the
putpcx;e of safety has purchased and installed a Highway
Liqhting System on that portion of State Road
deser i.bcd as U.S. 1 through unincoiporated Monroe Comfy
WHEREAS, the parties hereto mutually recognize the
nced for entering into an agreement designating and setting
forth the responsibilities of each party; and
WHEREAS, the COUNTY by resolution No. dated
January 30 19 91 attached hereto as Attachment "B" ,
which by reference hereto shall become a part hereof ,
desires to enter into this Agreement and authorized its
officers to do so.
NOW THEREFORE, for and in consideration of the
mutual benefits to flow each to the other, the parties
covenant and agree as follows :
1 . The DEPARTMENT will he responsible for the repair
of the existing lighting system having limits described by
Attachment "A" to a fully operational condition, and will.
Perform a final inspection of such lighting system prior to
the execution of this AGREEMENT.
iftimmil Ommia
, . .
. .
2 . The COUNTY agrees to assume sole responsibility for
tie maintenance oi the lighting system having limits
described by At "A" in accordance with the
DEPATMENT' S policies and Standard Specifications for
_Highway Lighting upon execution of this agreement.
" . The COUNTY agrees that the equipment of the
lighting system shall remain the property of the DEPARTMENT,
and it is hereby understood and agreed that the COUNTY shall
not , under any condition, remove the equipment which is the
subject matter of this AGREEMENT for any reason without
permission and written consent of the DEPARTMENT.
A . The COUNTY further agrees to be responsible for the
payment of all cost for electrical power and/or other
electrical charges incurred in connection with the operation
ot the lighting system.
5 . The COUNTY covenants and agrees that it will
indemnify and hold harmless to the extent provided by
Florida Statutes 768 . 28 , DEPARTMENT and all of DEPARTMENT'S
officers, agents, and employees from any claim, loss,
damage, cost , charge or expense arising out of any act,
action, neglect or omission by COUNTY during the performance
of the contract , whether direct or indirect, and whether to
any person or property to which DEPARTMENT or said parties
may be subject, except that. neither COUNTY nor any of its
sub-contractors will be liable under this section for
damages arising out of injury or damage to persons or
property directly caused or resulting from the sole
negligence of DEPARTMENT or any of its officers, agents or
employees.
..., .
LOW
6 It is Inticipated the term of this Agreement will
ext.etd beyond tlie Department ' s current fiscal year. The
Department , during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by
I ts terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during
such fiscal year . Any Agreement verbal or written made in
violatrion of this subsection is null and void, and no money
mi)..y be paid on such. contract. The Department shall. require
LiLatcment from the comptroller of the Department that
fluids arc available prior to entering into any such
Agieemnt or other binding commitment of funds. Nothing
heroin contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be
executory only for the value of the services to be rendered
or arced to be paid for in succeeding fiscal years.
Accoldingly, the State of Florida's performance and
obligation to pay under this contract is contingent. upon an
annual appropriation by the Legislature.
^ '
^
t&c 1�azties 'hereto bavo caume(l thcoc
lry thei-r dlIl, aktbozioed oificCzs ,
`''/(/ tl�oiz ufficial �culo 1101-et0 8-f±ix8d, the day and lrcaz
Writtou'
------- (SEAL)
(TiLln^
^---- >
---'
tic�
-
}'lu� i �a Del�actmoo� oi
-------- ____' (SEAL�
��ecutjve ��c��ta��y
_
Y"cc(al l(cview/ Date�
Attui}ocy - P{OT
_
l�ate �
D�iliiie� 0ltioe
-
,
SECTIONS INCLUDED IN THE ATTACHMENT A"
LIGHTING MAINTENANCE AGREEMENT
BETWEEN THE DEPARTMENT
AND
MONROE COUNTY
STATE ROAD SECTION FED. HWY. LENGTH NUMBER
NUMBER NUMBER NUMBER LOCATION FROM TO MILES LIGHTS
-
1) US 1 90010/90020 US 1 Stock Island Cow Key End of
Channel Boca Chica 2.01 102
2) US 1 90040 US 1 Marathon 107 CocoPlum 1.66 62
Drive
3) US 1 90060- US 1 Lake Surprise M.P. M.P. 0.189 10
28.50 28.689
4) us 1 90060 US 1 Jewfish Creek M.P. M.P. 0.170 6
29.54 29.71
- -
TOTAL 4.029 180
The lighting system as described above is totally operational at 100% level as of -
Date
FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
TITLE:
COUNTY :
-
BY
TITLE":