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Home My WebLink About1974-050® RESOLUTION NO. 74-50 RESOLUTION AUTIiORIZING THE PXECUTION OF 711E SCHOOL SIGNS AND FLASHING SIGNALS, ® 1`i1INTENANCE AGREEMENT BEr1VEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER COUNTY On Irotion of _Commissioner Siebert , seconded by „Co i,ssioner Massey, the following resolution was adopted: P,HEI AS, the County of Indian River , deems it in the public interest to naintain and nay electrical costs :or the installation and Operation of Flashing School zone Signs and signals described in Fxhibit "A" to said agree - meet, and accordingly to enter into the attached agreement with the State of Florida Department of Transportation. NOW, 71:EREFORE, BE IT RESOLVED BY 1. That the County of Indian Ri&Y(rurrs in the provisions of that (Public Body) certain avreement attached hereto, pertaining to maintaining the flashing school signs and signal installation described in Iixhibit4"All to that agreement. ?. That County of Indian R�.M forizes the said agreement to be �(1'ti:�lic Body) •J executed by a legally d--signated officer of this Public Body. STKrE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true :nd correct copy of a Resolution adopted by County of Indian Rive"r at a rzeting hold on the 5th. day of June A.D., 19 74 and recorded in its ra�.n'—uC s. IN 11ITNESS I'RIEMOF, I heret nto set tay hand and official seal this 5th, day of _____ June ��__� A.D., 1J 74_ �f a /'� � (`TEAL) CALf,cLa CIRCIII'T COURT fit} TRAFFIC SECTION JOS SR OPERATIONS COUNTY MUNICIPALITY NO. 88010 h0, 3508 };0,5 PTO. NAHE Indian River MAINTENANCE AGREEMENT SCHOOL SIGNS AND FLASHING SIGNALS THIS AGREEMENT, made and entered into this5th. day of June 19 74 , by and between the State of Florida Department of Transportation, an Agency of the State of Florida, hereinafter called the "Department" and the County of Indian River FLORIDA, -hereinafter called the "Public Body." WITNESSETIf: WHEREAS, the construction and maintenance of Flashing School Zone Signs Ind Signals, is necessary for the safe and efficient c6trol of traffic at the location or locations as described in Exhibit "A", attached hareto; 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 INIMM111;E l:I'i?J SS[ml: !'mat ill consiu.rltion o= the premises and the nutual covon.ints_.co taiTi•9d Rarain to be underta:Len by t}le re- spective parties hereto, the parties and each of them, t:nitrally a_-ree and covenant as follows: 1. That the Signs and Flashing Signals as deserl.bcd in Exhibit "A", attached hereto and made a part hereo.c, will be so desi.,;ned that the functional design of the installation and its co -w; onents will be mutually acceptable to the parties hereto, and will be installed t:nd r Departnent Supervision, with the actual nethod of construction .ltd financing, deternmin;id by the Departncnt's policies, budget, and aI! ment or agreements which it may have with this or anothr:r governmental unit rc.lati.n^ to the financing . nd construction. thrrcof, n 2. That the Public Body shall, upon receipt of equipment and the completion of the installation and acceptance by the parties hereto, assume the sole responsi- bility for the maintenance and continuous operation of said signal installation and the payment for all costs for electricity and electrical charges incurred in connect- ion with the operation thereto. 3. The Public Body shall maintain the sign and flashing signal installations 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 signs and Flashing Signal installations to a "Department of Transportation Traffic Signal Maintenance Log" or an approved equiva- lent log. 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 repair but the Public Body shall not, under any condition, permanently remove the main-frame of the control unit without the express written permission of the Department. S. It 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 a properly handled at the time of the completion of the installation of the signals. j Necessary modifications in timing or minor circuity nay be made by the Public body j to accommodate the changing needs of traffic but the Department reserves the right to examine the equipment at any time, and alter due consultation with the parties hereto, specify timing and phasing that will pravidle a safe and expaditiocrs traffic flow in the state highway systema. 6. The Public Body shall not roclif_y thD eciu.ipa+ent to provide additional phases or intervals without written permisison fro! -,t the Department. 7. The Public Body hereby agrees to ind:mnify, defend, save and hold harmloss the Department for all clains, cicm+ands, liabilities and suits of any nature whatso- ever arising out of, because of, or due to the breach of this a,reement by the , Public Body, its agents or e::iployees, or due to any act or occurrence. or ommissi.on or commission of the Public Body, its ^g^nts or employees. It is specifically under- stood and :+;teed that this i.++;l.<rui.ficatiun a,r:;om,,nt ('.oe•s not cov-:,r or indamni'i)' the U'j+a:Lme:nt, or its ay,eilts or employee-, for 16(:; o:+n n<,;lif;:mc:: o: b each of conz.cce't. R. It is mutually a„reed that the Department's Director of Road Operations 40 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 r, -main in force during the lige of the originally installed equipment and any replacement equipment installed by the rutual. 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 P,ody. IN VITTiESS 19HEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Pil'PIESSES• STATE OF FLORIDA DEPAW TENT OF TPANSPORTATION t BY: Director of Ad,ninisvration BY: (SEAL) As to rhe Department y Executive Secrctay 1 Approved: Director or Road Operatioes 6-5-74 __TIn1tiaIs) (Date) Pl1DLIC BODY Dl':^�� Title:jj,a firman _ AT'lEST: r��11s.tL,_ ��i��hSLAI) Approved us to form, legality and execution. ASslstant Attorney r7l EXHIBIT "A" MAINTENANCE AGREEMENT S(3100L SIGNS MD FLASHING SIGNALS This Exhibit "A" forms an integral part of that certain Traffic Signals Main•tanance Agreeiient beniaen the State of Florida Department of Transportation and the :County of Indian River Dated June 5. , 19 74. LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: STATE TRAFFIC 30B SR OPERATIONS NO. h0. NO. 88010-3508 5 IMM101: SR -5 (U.S.1) at 19abasso Iilevientary Scilool, and South 1.6th Street at Vero Beach Sr. High School.