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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":