HomeMy WebLinkAboutCity of Tamarac Resolution R-84-206r
Introduced by [_- Temp. Reso. #3200
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--84-
A RESOLUTION AUTHORIZING THE EXECUTION OF
AN AMENDED AGREEMENT WITH BROWARD COUNTY
FOR REALIGNMENT AT NORTHWEST 61 STREET AND
UNIVERSITY DRIVE, TAMARAC; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council, by the adoption of Resolution
84-105, approved execution of an agreement with Broward County for
realignment of NW 61 Street and University Drive; and
WHEREAS, the City Council wishes to amend this agreement
at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an amended agreement with Broward
County for realignment at Northwest 61 Street and University Drive,
Tamarac, a copy of which is attached hereto as Exhibit "A" reflecting
the City's contribution toward this work as a lump sum amount of
$26,000.00.
SECTION 2: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this v'27z( of 1984.
AYOR
ATTEST:
77
ASSISTANT CITY CLERK
I HEREBY CERTI that I have RECORD OF COUNCIL VOTE
approved the rm and correctness
MAYOR: KRAVITZ
DISTRICT 4: V/M STEIN
DISTRICT 3: C/M STELZER
DISTRICT 2: C/M MUNITZ ,.
DISTRICT 1: QM DUNNE
of so tion.
CXY/ ATTORNEY
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A G R E E M E N T
PROVIDING FOR
WORK TO BE PERFORMED
BY PERSONNEL OF THE
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PUBLIC WORKS DEPARTMENT
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A G R E E M E N T
PROVIDING FOR
WORK TO BE PERFORMED
BY PERSONNEL OF THE
BROWARD COUNTY
PUBLIC WORKS DEPARTMENT
KNOW ALL MEN BY THESE PRESENTS: That BROWARD COUNTY,
a Body Corporate and Politic, and a Political Subdivision of the State of
Florida, hereinafter referred to simply as COUNTY, through its Board of
County Commissioners, which term shall include its successors and assigns,
AND
The City of Tamarac a municipal corporation of the State of Florida,
hereinafter referred to simply as CITY.
W I T N E S S E T H, that, for and in consideration of the mutual
terms and conditions, promises, covenants and payments hereinafter set forth,
COUNTY and CITY hereby agree as follows:
ARTIrl F 1
POPAMRI F
In order to establish the background, context and frame of refer-
ence for this Agreement and to generally express the objectives and intentions
of the respective parties herein, the following statements, representations and
explanations shall be accepted as predicates for the undertakings and commit-
ments included within the provisions which follow and may be relied upon by
the parties as essential elements of the mutual considerations upon which this
Agreement is based.
1.1 CITY, by and through its City Council has requested assistance of the
Broward County Public Works Department for channelization (realign-
ment) at N.W. 61st Street and University Drive.
1.2 Broward County has the resources to do the necessary work at a cost
substantially less than the CITY would have to pay if the work were to
be performed without COUNTY assistance.
1.3 Broward County has adopted a policy of assisting Cities with such work
subject to reimbursement as provided for herein.
ARTICLE 2
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants,
conditions, terms and provisions which follow, the DEFINITIONS and IDENTI-
FICATIONS set forth below are assumed to be true and correct and are there-
fore agreed upon by the parties.
2.1 COUNTY
Broward County, a Body Corporate and Politic, and a Political Subdivi-
sion of the State of Florida.
2.2 CITY
City of Tamarac, a municipal corporation within the State of Florida.
2.3 WORK
Channelization (realignment) at N.W. 61st Street and University Drive
according to plans prepared by or on behalf of CITY and delivered by
CITY to COUNTY.
ADTIrl C R
OBLIGATIONS OF THE PARTIES
3.1 COUNTY agrees to perform the WORK as defined in Article 2.3 of this
Agreement.
3.2 COUNTY shall bill CITY at the completion of the WORK, as determined
by COUNTY, the sum of Twenty-six Thousand Dollars ($26,000.00).
3.3 CITY shall pay to -COUNTY the amount billed by COUNTY within thirty
(30) days of receipt of COUNTY'S bill.
3.4 CITY hereby agrees to indemnify and save harmless COUNTY, its agents
and employees from and on account of any injuries or damages, received
-or sustained by any person or persons during or on account of any
operations connected with the WORK or by or in consequence of any
negligence in connection with the WORK or in consequence of any negli-
gence in connection with design of the channelization.
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The indemnification provided above shall obligate the CITY to defend at
its own expense or to provide for such a defense, at COUNTY'S option,
of any and all claims of liability and all suits and actions of every name
and description that may be brought against the COUNTY, its agents or
employees relating to said WORK including design work.
IaRTIC'I F d
GENERAL
4.1 INCORPORATION OF ALL PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, corre-
spondence, conversations, agreements, or understandings applicable to
the matters contained herein and the parties agree that there are no
commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained in this document. Ac-
cordingly it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or
written.
It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained
in a written document executed with the same formality and of equal
dignity herewith.
4.2 EXECUTION
This document shall be executed in no less than four (4) counterparts,
each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have made and executed
this 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, signing by
and through its City Manager and duly authorized to execute same.
Mavor
ATI EST :
C-ounty Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Br•oward County, Florida
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By, �' 1 K-a.
Chairman
=J day of 19�
-3-
AGREEMENT PROVIDING FOR WORK TO BE PERFORMED BY PER-
SONNEL OF THE BROWARD COUNTY PUBLIC WORKS DEPARTMENT
ATTEST:
1TY CLERK \
NMP:lbI
A182-L
7/2/84
#83-030.01
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
HARRY A. STEWART, General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7E00
By
ER
CITY
CITY OF TAMARAC
By
7 e.
OR
day of 19
CI
--Zi- day of
'/MANAGER
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