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Home My WebLink AboutR-2012-107 - Executed a First Amendment to the Traffic Engineering Agreement by excluding intersections of SE 5 Ave & SE 3 St and SE 5 Ave & SE 7 Street i RESOLUTION NO. 2012-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE TRAFFIC ENGINEERING AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY, FLORIDA, RELATING TO THE TRAFFIC ENGINEERING FUNCTIONS AND DUTIES PERFORMED FOR THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials of the City of Dania Beach are authorized to execute a First Amendment to the Traffic Engineering Agreement existing between the City of Dania Beach and Broward County, by excluding the intersections of SE 51h Avenue and SE 3Td Street; and SE 51h Avenue and SE 7th Street in the City from the subject matter of the Agreement. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall take effect immediately upon its passage and adoption, but shall be retroactive to June 12, 2012. PASSED AND ADOPTED on August 14, 2012. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR �4o�pRn's Fi�r�� APPROVED AS T FO ND CORRECTNESS: THOMIAS J. BR CITY ATTO EY a�v FIRST AMENDMENT to TRAFFIC ENGINEERING AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH FIRST AMENDMENT to TRAFFIC ENGINEERING AGREEMENT Between BROWARD COUNTY and CITY OF DANIA BEACH This is a First Amendment to the Traffic Engineering Agreement ("Agreement") made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and CITY OF DANIA BEACH, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY", collectively referred to as "the Parties." WHEREAS, COUNTY performs certain traffic engineering functions for CITY pursuant to a written Traffic Engineering Agreement executed on June 21, 1994; and WHEREAS, CITY seeks to exclude the intersections of SE 5th Avenue/SE 3rd Street and SE 5th Avenue/SE 7th Street from the subject matter of the Agreement; and WHEREAS, COUNTY and CITY desire to amend the Agreement related to the functions and duties transferred by CITY to reflect the exclusion of the above named intersections, and have the amendment take effect retroactive to June 12, 2012; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the parties agree as follows: 1. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the Parties and the recitals contained in the "Whereas" clauses are incorporated herein. 2. Article 1, "Transfer of Functions and Duties,"Section 1.1 of the Agreement is hereby amended to read as follows: 1.1 CITY agrees to transfer to COUNTY,and the COUNTY agrees to accept and perform the following functions and duties in order to protect the welfare of the public, which functions and duties were formerly performed by CITY subject to the exclusions contained in Article 17: Amendment to Dania Beach TEA -1- 3. Article 12, "Indemnification,"of the Agreement is hereby amended to read as follows: 12.1 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 Agreements to the extent allowed by law. 12.2 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. 12.3 CITY shall indemnify, hold harmless and defend COUNTY for all claims and damages incurred as a result of or related to the Exclusions provided in Article 17 of this Agreement,to the extent allowed by law. However, nothing in this Agreement shall be construed to require either party to indemnify the other party or insure the other party for that party's negligence or to assume any liability for the other Party's negligence. Further, any provision in this Agreement that requires either party to indemnify, hold harmless or defend the other party from liability shall not alter the indemnifying Party's waiver of sovereign immunity or extend that Party's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 12.34 The provisions of SeGtOO^S 12.1 and 12.2 abeye this Article shall survive the expiration or earlier termination of this Agreement. 4. Article 17, "Exclusions,"is hereby added as a new article to the Agreement to read as follows: ARTICLE 17 EXCLUSIONS The following streets and intersections are excluded from the subject matter of this Agreement: (a) Intersection of SE 5th Avenue and SE 3'd Street,with the specific limits as detailed in Exhibit "A-1": and Amendment to Dania Beach TEA -2- (b) Intersection of SE 51h Avenue and SE 7th Street, with the specific limits as detailed in Exhibit "A-1." 5. The attached Exhibit "A-1" is incorporated into and made a part of the Agreement as amended herein. 6. Preparation of this First Amendment has been a joint effort of COUNTY and CITY, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 7. Except to the extent modified herein,the Agreement shall remain in full force and effect. In the event of a conflict between the terms and conditions of this First Amendment and the terms and conditions set forth in the Agreement, the Parties hereby agree that this document shall control. 8. This First Amendment to the Agreement shall take effect retroactive to June 12, 2012, and may be fully executed in multiple copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. [The Remainder of This Page is Intentionally Left Blank.] Coding: Words in type are deletions from existing text. Words in underlined type are additions to existing text. Amendment to Dania Beach TEA -3- IN WITNESS WHEREOF, the parties have made and executed this First Amendment to the Agreement: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the day of ,20 ,and CITY OF DANIA BEACH, signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners Broward County Administrator, as By Ex-Officio Clerk of the Broward County Mayor Board of County Commissioners day of , 20_ Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Insurance requirements Fort Lauderdale, Florida 33301 approved by Broward County Telephone: (954) 357-7600 Risk Management Division Telecopier: (954) 357-7641 BY By Signature (Date) Al A. DiCalvo (Date) Assistant County Attorney Print Name and Title above Michael J. Kerr Chief Trial Counsel AAD 8/8/12; 8/13/12 DaniaBeach-TEA v3Final-081312.am1.doc Amendment to Dania Beach TEA -4- FIRST AMENDMENT TO TRAFFIC ENGINEERING AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH CITY ATTEST CITY OF DANIA BEACH By City Clerk Louise Stilson, CMC Mayor Patricia A. Flury (Seal) Print Name day of , 20 APPROVED as to form: By: City Attorney Thomas J. Ansbro Amendment to Dania Beach TEA -5- Exhibit"A-1" Intersection of SE 5 h Avenue and SE 3`d Street The intersection of SE 5"'Avenue and SE 3rd Street to be excluded from the Traffic Engineering Agreement between the COUNTY and the CITY includes the portions of the following roadway segments as described below: 1. The entire roadway right-of-way along SE 5"'Avenue from a point 510 feet north of the centerline of SE Td Street to a point 145 feet south of the centerline of SE 3rd Street(the midway point between the centerlines of SE 3rd Street and SE 3'd Terrace). 2. The entire roadway right-of-way along SE 3'd Street from a point 330 feet west of the centerline of SE 5 Avenue to the centerline of SE 5"'Avenue. Intersection of SE 5"'Avenue and SE 7t'Street The intersection of SE 5"'Avenue and SE 7d'Street to be excluded from the Traffic Engineering Agreement between the COUNTY and the CITY includes the portions of the following roadway segments as described below: 1. The entire roadw?X right-of-way along SE 5'"Avenue from a point 335 feet north of the centerline of SE 7 Street(the midway point between the centerlines of SE 5"'Street and SE 7"'Street)and a point 335 feet south of the centerline of SE 7"'Street(the midway point midway between the centerlines of SE 7"'Street and SE 10"'Street). 2. The entire roadway right-of-way along SE 7"'Street from a point 105 feet west of the centerline of SE 5 Avenue(the midway point between the centerlines of SE 4"'Court and SE 5"'Avenue)to the centerline of SE 5d'Avenue. Exhibit "A-1" (page 2 of 3) Area to be excluded N BK,WNARD Intersection of SE 5th Avenue and from Agreement --- couNTY SE 3rd Street, City of Dania Beach, FL i _ ; Parcel Boundaries Broward County Public Works HCED GIS Section 0 50 100 200 Feet Prepared 8/8/2012 W ,n +' W N O r � 330;ft: , SE 3RD ST N SE,3RD TER Exhibit "A-1" (page 3 of 3) Area to be excluded N . r Ar , COUNTY -- Intersectionment of Avenue • F L O R I D A from Agr SE • Beach, .._-. C • Parcel i• • - .County Public Works 7th Street, City 1 50 100 200 Feet •Irk %. a 4t +►' Ti JLar it .. i LA `. Isom ' IVA 4j IS! �°r A' 1 - j R