82-R-45RESOLUTION NO. 82-R-95
A RESOLUTION APPROVING TRAFFIC CONTROL AGREE-
MENT ENTERED INTO BETWEEN THE CITY OF EDGE -
WATER, FLORIDA, AND THE COUNTY OF VOLUSIA; RE-
PEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the County of Volusia Traffic Engineering Division,
has been performing maintenance upon the request of the City at
the intersection of Park Avenue and U. S. # 1, and
WHEREAS, in order for the County to continue to maintain these
traffic signals it is necessary to enter into a Traffic Signal Agree-
ment, and
WHEREAS, it is necessary that the Council of the City of Edge-
water approve any such Traffic Control Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That the Traffic Control Agreement for the inter-
section of Park Avenue and U. S. 1, as attached hereto, is hereby
approved and ratified.
SECTION 2. That all resolutions and parts of resolutions in
conflict herewith be and the same are hereby rescinded.
SECTION 3. That this resolution shall take effect immediately
upon its adoption by the City Council and approved as provided by law.
This resolution was read in full and passed by a vote of the City
Council of the City of Edgewater Florida, at a Q mmeeetg
of said Council held on the _day of 1982, and
authenticated as provided by law.
Mayor
Approved for legality and form
ity ttorney
C 0
TRAFFIC CONTROL AGREEMENT
FOR THE INTERSECTION OF
PARR AV AND U.S. 1
This Traffic Control Agreement, made and entered
into this 18th day of October 1982 by and
between the City of Edgewater , a Municipal Corpor-
ation of the State of Florida (herein after Municipal
Corporation), and Volusia County,a political subdivision
of the State of Florida.
WHEREAS, the County and the Municipal Corporation are
authorized to enter into this Agreement by Section 125-01
(1) (p) Florida Statutes, as amended, which section permits
the Countytoenter into agreements with other governmen-
tal agencies for the performance of governmental functions
by one unit in behalf of the. other; and
WHEREAS, it is in the best interest of both the County
and the Municipal Corporation to insure uniform traffic
control through the road and street system of Volusia County
in order to provide an integrated and balanced traffic net-
work.
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representations herein, the parties hereto agree
as follows:
1. PURPOSE. OF CONTRACT
The purpose of this contract is to provide for the
uniform maintenance and operation of the traffic con-
trol devices to be located within the corporate limits
of the Municipal Corporation and described specifically
as a traffic signal device and appurtenant signing and
and to provide. that the County assume all installation,
and/or operational and maintenance responsibilities
for said traffic control devices. The purpose of the
contract is to further provide that the Municipality
relinquish any jurisdictional rights and responsibili-
ties it might have over the specified traffic control
devices for the duration of the Agreement.
2-S-R1
2. PAYMENT FOR WORK
The following are charges for the services of Volusia
County Traffic Maintenance and Engineering Employees
and vehicles in accordance with the attached schedule
of rates, payable by the City of Edgewater to Volusia
County.
It is further understood and agreed that the attached
schedule of hourly rates reflects charges for main-
tenance only.
It is further understood that any calls after regular
County working hours will be billed at the labor rates
shown in the attached schedule, plus fifty percent (50%).
It is further agreed that should the signalization
equipment in use at the above installations require
repairs at the County Traffic Signal Maintenance Shop,
it shall be repaired by Volusia County for a compen-
sation equal to the cost of labor and. materials in-
volved in such repairs.
Removal of and reinstallation of such equipment, as
well as transportation from said County Traffic Signal
Maintenance Shop to the job location shall be per-
formed by Volusia County.
The City of Edgewater does agree upon receipt of
proper invoice from Volusia County, to pay all charges
made in accordance with this Agreement.
This Agreement may be terminated by either party upon
forty-five (45) days of written notice.
It is further understood and agreed that the attached
schedule of hourly rates may be revised periodically
subject to the approval of the City -Co- c sion of the
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o
Council
City of Edgewater Failure of the City =CeseuFk-swiz
of the City of Edgewater to approve future re-
visions to the schedule will automatically cancel this
Agreement.
It is further understood and agreed upon that the City
of Edgewater shall be responsible for reimbursing
or supply Volusia County with necessary material(s) to
.repair traffic control signals.
3. HOLD HARMLESS AGREEMENT
The Municipal Corporation, in consideration of Volusia
County's agreement to perform maintenance and Engineering
services as herein described, hereby consents and agrees
to assume the entire responsibility and liability for
any and all damage, loss and/or injury of any kind or
nature whatever, including death resulting therefrom,
to any and all persons, whether employees of Volusia
County or otherwise, and to all property, caused by,
resulting from, arising out of, or occurring in con-
nection with any failure in operation or malfunction
of any traffic control signal covered by this agree-
ment, or any act or omission of Volusia County, its
employees, agents,servants, contractors or officers,
done or omitted in the course of any work under this
Agreement; and if any person shall make claim for any
such damage, loss or injury, including death resulting
therefrom, as herein -above described, whether such
claim be based on the alleged active or passive neg-
ligence or participation in the wrong or upon any
alleged breach of any statutory duty or obligation on
the part of Volusia County or its employees with respect
to any failure inoperationor malfunction in operation
of any traffic control signal covered by this Agree-
ment, the Municipal Corporation agrees and covenants
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herewith to indemnify and save harmless Volusia County
and any of its employees from and against all loss,
expense, damage or injury that Volusia County or its
employees may sustain as a result of any such claim,
and the Municipal Corporation agrees and covenants -to
assume on behalf of Volusia County or its employees
the defense of any action at law or suit in equity
or any other legal proceeding of whatever kind which
may be brought against Volusia County or any of its
employees upon such claim and will pay on behalf of
Volusia County or its employees or both upon the demand
of Volusia County the full amount of any and all costs,
fees andexnenses in connection with such defense
and any judgment, fine or penalty that may be entered
against Volusia County or any of its employees; pro-
vided, however, that the Municipal Corporation shall
make no settlement or agreement of liability of any
kind or amount without first receiving the written
permission of Volusia County or its attorney thereto.
This Agreement to indemnify and hold harmless Volusia
County and its employees has no limit on its duration
notwithstanding the completion of said Maintenance
Agreement as set forth herein and shall continue in
.force and bind the Municipal Corporation, for as long
as any such claim may be brought under law.
The foregoing Municipal Corporation Agreement to in-
demnify Volusia County shall be deemed a part of the
contract and be covered by the law of Florida and be
interpreted in accordance therewith in all respects.
No right of action shall accrue on this contract to
or for the use of any person except the Municipal
Corporation named herein.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed this 18th day of
October , A.D. , 19 82.
ATTEST:
7,
BY j
-City Clerk - City Official
`^SSP.H MCD.MITCHELL
(CITY SEAL) - - City Manager
Cite of Edgewater, Florida
ATTEST:
VOLUSIA COUNTY, FLORIDA
SEAL By
County Manager
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c
SCHEDULE OF CHARGES FOR TRAFFIC CONTROL
SIGNAL MAINTENANCEMEN/ENGINEERS AND VE-
HICLES. EFFECTIVE October 18. , 19812
TO ACCOMPANY TRAFFIC CONTROL SIGNAL MAIN-
TENANCE AND ENGINEERING AGREEMENT BETWEEN
THE COUNTY OF VOLUSIA AND THE CITY OF
Edgewater DATED October 18, 1982.
It is agreed that the following rates shall become
a part of the above -mentioned Agreement, effective 18th day
of October , 198A and shall continue in effect until
revised through mutual agreement.
STATION WAGON
AERIAL TRUCK
$4.50 per hour
$15.00 per hour
ONE TRAFFIC MAINTENANCE
OR ENGINEERING EMPLOYEE - SKILLED A/Technician $7.50/hr
B/Engineer $10.00/hr
ATTEST: -
AIDIIIEPHYMcD.
y le k CHELL
(CITY SEAL) tyr
i:ity of Edgewater, Florida
ATTEST:
VOLUSIA COUNTY, FLORIDA
SEAL By.
- County Manager
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