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Home My WebLink About1976-086of RESOLUTION NO. —7586 4b RESOLUTION AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND miE COUNTY OF INDIAN RIVER On motion ofker seconded by 6 C iscien_er the following resolution was adopted: WHEREAS, INDIAN RIVER COUNTY deems it in the public interest to maintain and pay all utility service 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 1. That INDIAN RIVER COUNTY concurs in the provisions of that certain agreement attached hereto pertaining to maintaining a traffic signal installation described in Exhibit "A" to that agreement. 2. That INDIAN RIVER COUNTY authorizes the said agreement to be executed by a legally designated officer of this Public Body. STATE OF FLORIDA COUNTY OF INDIA14 RIVER I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the it a meeting held on the �Zth_ ay od �� D „ 197, and recored in its minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 18th day of November , A. D., 19 76 XC (SEAL r} of 40 ® COLWTY STATE TRAFFIC SECTICN JCB WAD OPRRATIONS COWTY NUMBER NUMBER NUMBER NUMBER NAYS KnICIPALIT'Y • INDIAN RIVER MAINT 3MC E AGIUO- P PEErSTRI_AN TRAFFIC SIGNS THIS AGREEMENT, made and entered into this day of , 19 by and between the State of Florida Departmit of Transportation, an agency of the State of Florida, hereinafter called the "Department," and INDIAN RIVER COUNTY Florida, hereinafter called the "Public Body," WITNESSETH: WHEREAS the construction and maintenance of a Pedestrian Actuated Traffic Signal, or Signals, is necessary for the safe and efficient movenent of school children 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 deteridned that it is in the public interest for the Public Body to assume the responsibility for maintenance and all utility service costs incurred in the operation of said signal installations: NCW, 'IHEREEURE, TINTS INDF NTtk- WITNESSEMI: That in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties and each of thein 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 ccuiponents 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 Departrmnt's policies, budget and agreement, or agree tints, which it may have with this or another governmental unit relating to the financing and construction thereof. i 0 •0 2. That the Public Body shall, upon completion of the installation and i ® 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 utility service and utility charges incurred in connec- tion 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 "Department of Transportation Traffic Signal Maintenance Log" or an approved equivalent 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. 5. 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 + i traffic will be properly handled at the time of the completion of the installation of the signals. Necessary modifications in timeing or minor circuity may be made by the Public Body to accommodate the changing needs of traffic but the Department reserves 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 harmless 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 indecmification agreement does not cover or indemnify •o 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 Opera- tions shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under, or by reason of this agreement, the prose- cution and fulfillment 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 agree- ment shall remain in force during the life of the originally installed equip- ment 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 provision 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 above written. WITNESSES: A to the Department As t4/the Public Body Approved: Director of Road Operations STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director of Administration BY: (SEAL) Fxecut ve Secretary PUBLIC BQD William C. Wodtke, Jr. TITLE: Chairman ATTEST: 4VCI�& SEAL) Approved as to form, legality and execution. Initials Date Assistant Attorney EK11BIT "A" N'ATMINANCE AGIMr TP PECESTRIAN TRAFFIC SIQVAIB Rhis Mbit "A" fonts an integral part of that certain pedestrian traffic signal Maintenance Agreement between the State of Florida Department of Transportation and the COUNTY OF INDIAN RIVER Acted , 19, IA MUM OF PEDMTRIAN TRAFFIC SICiW, INSTALIMIONS: STATE TRAFFIC JCB SR OPERATICNS SMOOL NO. _ NO. NLMER ILICATION SERVED 5 (U.S. 1) SLD MP 9.111, just north of Middle Seven School Gifford road 512 SLD MP 4.153, at State Fellsmere School Road 507