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HomeMy WebLinkAboutCity of Tamarac Resolution R-85-007Introduced by �/%rn Temp. #3462 6 7 9 10 11 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R -85- 7 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITIi BROWARD COUNTY FOR TRAFFIC ENGINEERING FUNCTIONS IN THE CITY OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute an amended.agreement for traffic engineering functions with Broward County within the City of Tamarac, a copy of which is hereby attached hereto as Exhibit A. SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this �_ day of 1935. MAYOR ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this D- --1 „i-4 -- RECORD OF COUNCIL VOTE Ps. �.'0R: KRAVITZ V/i,' 'FITEIN I..CT3: CAI STELZER �ICT2: C/M M UNITZ LN,3TRICTL Q A BERNSTEIN OU AMENDMENT TO TRAFFIC ENGINEERING AGREEMENT Between BROWARD COUNTY And CITY OF TAMARAC (Standard Form) AMENDMENT TO TRAFFIC ENGINEERING AGREEMENT Between BROWARD COUNTY And CITY OF TAMARAC (Standard Form) THIS IS AN AMENDMENT to the Traffic Engineering Agreement between: BROWARD COUNTY, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY;" and CTjj OF TAMARAC , a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY;" W I T N E S S E T H: WHEREAS, the COUNTY performs certain traffic engineering functions for CITY, pursuant to a written Traffic Engineering Agreement; NOW, THEREFORE, in consideration of the mutual terms, con- ditions, promises, covenants and premises set forth in said Traffic Engineering Agreement and this Amendment, the COUNTY and the CITY agree as follows: I� Section 1. The secondparagraph of Sect" ion 1 of said Traffic Engineering Agreement is amended to read as follows: 1. TRANSFER OF FUNCTIONS AND DUTIES. The COUNTY shall perform the above -described functions and duties through its Division of Traffic Engineering or any successor division which may be created. The COUNTY shall be fully responsible for all repair and maintenance concerning the items delineated in paragraphs (a) through (o) above, but it is understood and agreed that CITY shall have the duty and obligation to notify COUNTY promptly when CITY receives actual notice of any and all defects, malfunctions, failings or imperfections in the installation or operation of traffic regula- tion equipment, signs, and signals as encompassed under this Agreement or if any said equipment, signs and signals are in need of repair, replacement, or maintenance. The remainder of Section 1 of said Traffic Engineering Agreement is unchanged. Section 2. Section 12, INDEMNIFICATION, of said Traffic Engineer- ing Agreement is amended to read as follows: 12. INDEMNIFICATION. COUNTY shall indemnify, hold harmless and defend CITY for all claims and damages incurred as a result of work performed by COUNTY, its agents or employees, pursuant to the terms of this Agreement to the extent allowed by law. It is specifically understood and agreed that COUNTY does not indemnify CITY for, the negligent acts or omissions of CITY'S agents or employees or the neglect or omission of CITY to notify COUNTY promptly when CITY receives actual notice of any and all defects, imperfections, malfunctions, or failings of the traffic regulation equipment, signs or signals or any required repairs, replacement or maintenance of the traffic regulation equipment, signs or signals provided under the terms of this Agreement. Section 3. All provisions of said Traffic Engineering Agreement in conflict with this Amendment shall be and are hereby changed to conform with this Amendment. Section 4. All provisions not in conflict with this Amendment shall remain in full force and effect. Section 5. This Amendment is made a part of said Traffic Engineer- ing Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of 19'�, and CITY OF TAMARAC WZ duly authorized to execute same. ATTEST: Countt-►AMiinistrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida ATTEST: City Clerk (CORPORATE SEAL) APPROVED AS TO FORM: City/ Attorney RAF:Ibl A179-K 11/30/84 #83-171 Amended Standard signing by and through an�gp COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS .�J SCOTT I. COWAN Chairman /-7 day of 19rf;�, Approved as to form and legality by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL, General Counsel Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 m CITY RENE' A. FOGLIA Assistant General Counsel CITY OF TAMARAC By Mayor day of `.iiq/I)1,L qR , 19f/(- . By City M ger 2cz