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74-06 P'~ RI::~OI.U'I'1pN NO. 74-f~ RESnLU'rxOr7 11U'.CIIORI'LING TI1L•' EY.I:CUTxON OF TIIL•' 7'RI1I~'I'IC SIGfJ11I,S f111IN`1`EN1'~NCI; AGItL'F:I.IENT I3I;Tir?1:I;rJ TIII: 5`1'Ie'L'L 01? FLORID71 DEPARTt~1ENT OF ~`IZIINSPORTII'.PION 1~ND The City of __gtlantic $each, Florida On motion of Comtniasioner Robert Rosborough , seconded by Coe~isaioner Robert'Cook , the fo11o4~ing resolution was adopted: WHEREAS ,'The Cit of Atlantic Beach ,deems it in the public P lic Body . fntertst to maintain and pay electrical costs for the operation of • traffic s3.gna1 or signels described in Exhibit "A" to said agree- ~-. taent, and accordingly to enter into the attached agreement with the' ~~ State of Florida Department of Transportation. NO~V, THEREFORE, BE IT RESOLVED BY 1. •ThatThe Cit of Atlantic Beachconcurrs in the provisions Public Body} of that certain agreement attached hereto, pertaining to maintaining a traffic signal installation described in Exhibit "A" to that agreement. E --- 2. ThatThe Cit of Atlantic Beach authorizes the said (Pu lic Body} agreement to be executed by a legally designated officer of; this Public Body.- STATE OF FLORIDA COUNTY OF AWAL I HEREBY CE~2TIFY that the foregoing is a true and correct copy of a Resolution adopted by _the City Commission at a meeting held on the 13th day of _ May , A.D., 19 74, ~tz~d recorded in its minutes . IN WITNESS WHEP.I;OF, I hereunto set my hand ahd official sea]. this ~„13t2$ay of ~~ , A.D,, la 74 , ~• Gloria June might, C ty Clerk • ._ .~-~, TRAFFIC SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY N0. NO.~ N0. N0. NAME 72000 AIA B.I. 214128 Duval Atlantic Beach MAINTENANCE AGREEt~fEt~lT TRAFFIC SIGNALS THIS AGREEMENT, made and entered into this i~*~, day of Mai 19 74 , by and between the State of Florida De~.~artment of Transportation, an Agency of the State of Florida, hereinafter :. ~: ~ ~ called ~ the- "Department" .and the _ city of At1 n ,ic Beach . FLORIDA, hereinafter called the "Public Body." . 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 governmental unit relating to the financing and construction thereof. ~~ `J ;._, _, 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- meet 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 w#th 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 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 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 mace 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- ~tton with the parties hereto, specify timing and phasing that will provide a safe ~'~ and expeditious traffic flow in the state fiighway 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- - ?ess the Department for all claims, demands, liabilities and suits of any nature Nhatsoever 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 r--- ~'"` 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- fil)ment 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 l~NEREOF, the parties hereto have caused these presents to be :, ~. executed, the day and year first above .written. WITNESSES: s to a partment ~. Asdto the Public Rody Rpproved: Director of Road Operations STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director of Administration BY: (SEAL) Executive Secretary PUBLIC ~:. 8 Title• Mayor-Commiesion~r ATTEST: AL) Gloria ~une Knight City Clerk _ Approved as to form, legality and execution. ntas ate ss~stant ttorney / ' EXNIQIT "A" • MAItiTENANCE AGREEI~E~IT TRAFFIC SIGPIALS Th1s Exhibit "A" forms an integral part of that certain Traffic Signals Ma~ntenartce Agreement between the State of Florida Department of Transportation and the City of Atlantic Beach . .....Dated...... ... ~.,..~ .~19~ ..~- ~ ~ ... LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: STATE TRAFFIC JOB SR QPERATIOYS • N0. „~,,, NO . H0. 72f)00 ASA B.I.214128 ~~ •.~...r,_., ....r.~ ~-...: (SCHOOL) LOCATION: ___ at Jackson Rd. at Church Rd. i i i • r • • t. ~ • ` .•