Fort Walton Beach Resolution — 2010-22 - MOA with State to install new mast arms — reading text

THEREFORE, in consideration of the mutual benefits to be derived from the joint participation of this AGREEMENT, the parties agree as follows: 1. The recitals in the Whereas clauses above are true and shall be incorporated in this AGREEMENT. 2. The terms of this AGREEMENT shall begin upon the date of signature of the last party to sign and shall remain in full force and effect through completion of all services required of the CITY and the DEPARTMENT. The DEPARTMENT may, at any time and at any stage, amend or terminate the PROJECT in whole or in part if the DEPAR TMENT determines that such action is in the best interests of the public. 3. The D EP AR TMENT shall provide serVIces for the intersection necessary ilnprovements, as defined in the Scope of Services, attached hereto as Exhibit " A". Nothing herein shall be construed as requiring the DEPARTMENT to perform any activity which is outside the scope of the PROJECT as previously defined. Except as specifically stated otherwise in this AGREEMENT, all such activities shall be performed by such entities, at such times, in such manner, under such conditions, and to such standards the pursuant as DEP ARTMENT, in its sole discretion, deems The CITY shall not have any appropriate. jurisdiction or control over the DEPARTMENT' s activities, except as specifically stated in this AGREEMENT. The CITY shall be advised of the progress of the PROJECT at reasonable intervals upon request. 4. Participation by the CITY of the funds for the PROJECT shall be made as follows: FP ID: 419313- 1- 32- 01 Original: 7/ 26/ 2010 Revised: Page 6 of9 8. This AGREEMENT constitutes the complete and final expression of the parties with respect to the subject matter hereof, and incorporates and includes all proper negotiations, understandings applicable to the matters correspondence, conversations, agreements, or contained herein. The parties agree that there are no commitments, agreements or this understandings concerning the subject matter of this AGREEMENT that are not contained in docun1ent. Accordingly, it is agreed that no deviation fron1 the terms hereof shall be predicated whether oral or written. upon any prior representation or agreements 9. This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Florida. Any provision herein detennined by a court of competent other legally constituted body having jurisdiction, to be invalid or jurisdiction, or any uncnforceable shall be severable and the remainder of this AGREEMENT shall remain in full force and effect, provided that the invalidated or unenforceable provision is not material to the intended operation of this AGREEMENT. 10. The provisions of any Traffic Signal Maintenance and Compensation Agreement between the CITY and the DEPARTMENT shall not be changed by the provisions of this AGREEMENT. 11. The CITY agrees to be responsible for the perpetual maintenance cost of the structures and that the DEPARTMENT shall be released from any painted mast arm responsibility for maintenance costs of the mast ann structures. FP ID: 419313- 1- 32- 01 Original: 7/ 26/ 20 10 Page 8 of9 Revised: Exhibit" A" SCOPE OF SERVICES Mast Arm Installation State Road 85 ( Eglin Parkway) and Hollywood Boulevard Okaloosa County FP ID: 419313- 1- 32- 01 1. Install mast arm structures in lieu of strain poles to support a fully- actuated traffic signal at the intersection of State Road 85 ( Eglin Parkway) and Hollywood Boulevard, Okaloosa County, Florida. 2. The design and installation of the mast arm structures shall be in accordance with the Department' s Plans Preparation Manual ( PPM) and the contract plans & specifications. 3. The n1ast arm structures to be installed at this intersection shall be painted.