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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-086Temp. Reso. #13928 August 23, 2023 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023- O$� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH DEVON NEIGHBORHOOD ASSOCIATION, INC. FOR THE CITY THROUGH BROWARD COUNTY SHERIFF'S OFFICE TO EXERCISE JURISDICTIONAL AUTHORITY FOR TRAFFIC CONTROL AND ENFORCEMENT WITHIN THE PROPERTY OF DEVON NEIGHBORHOOD ASSOCIATION, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac through the Broward Sheriff's Office, has the authority to patrol on private property to enforce all the laws of the State of Florida, Broward County and the City of Tamarac other than for traffic control and enforcement purposes; and WHEREAS, the roadways in the Devon Neighborhood Association, Inc. are privately owned and the City of Tamarac through the Broward County Sheriffs Office does not have jurisdiction to provide traffic control and enforcement to this area; and WHEREAS, the Devon Neighborhood Association, Inc. has requested that the City of Tamarac through the Broward County Sheriffs Office be authorized to provide traffic control and enforcement within the Association's private roadways; and WHEREAS, by State Statute 316.006(2)b written agreement is required for Temp. Reso. #13928 August 23, 2023 Page 2 of 3 a municipality to exercise jurisdiction, for traffic control and enforcement purposes, over the private and limited access road(s) owned or controlled by the owner; and WHEREAS, the Assistant to the City Manager and Broward County Sheriff's Office District VII Chief recommend that the City Commission execute an agreement with the Devon Neighborhood Association, Inc. for traffic control and enforcement purposes; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide traffic control and enforcement within the private roadways owned by Devon Neighborhood Association, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby] authorized to execute an agreement (attached hereto as "Exhibit A") wIth the Devon Neighborhood Association, Inc. for the City of Tamarac through the Broward County Sheriff's Office to exercise jurisdiction for traffic control and enforcement purposes over any private and limited access road(s) owned or controlled by Devon Neighborhood Association, Inc. SECTION 3: All resolutions or parts of resolutions in conflict herewith are Temp. Reso. #13928 August 23, 2023 Page 3 of 3 hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this AY4 day of Ayi.Sr 2023. ATTEST: KIMBE LY DILLON, CMC CITY CLERK MICHELLE J. G EZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ "E�& DIST 1: V/M BOLTON "it DIST 2: COMM. WRIGHT JR ��5 DIST 3: COMM. VILLALOBOS 11I)Irl-5 DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE%Olr TIIAE CITY OF TAMARAC ONLY. OTTINOT CITY ATTORNEY TAMARAC The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC, THE BROWARD SHERIFF'S OFFICE, AND DEVON NEIGHBORHOOD ASSOCIATION, INC. FOR TRAFFIC CONTROL AND ENFORCEMENT ,,. This Agreement made and entered into in Broward County, Florida, this a3rJ day of A1kC+u.Sc , 2023 by and between the City of Tamarac, a municipal corporation organized and existing under the laws of the State of Florida, which is a municipality located within the boundaries of Broward County, Florida (hereinafter referred to as "CITY"), the Broward Sheriffs Office (hereinafter referred to as "BSO") and the Devon Neighborhood Association, Inc., a not for profit Florida corporation located in the City of Tamarac (hereinafter referred to as "OWNER"). A legal description of the common areas owned by the Devon Neighborhood Association, Inc. is attached hereto as Exhibit "'I". WHEREAS, the CITY, through its existing Agreement for Police Services with the Broward Sheriffs Office, and all other duly appointed officers, employees and agents, recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the state, county and city, duly enacted, excluding those of traffic control and enforcement, and WHEREAS, the OWNER, specifically recognizes the above; and WHEREAS, the OWNER wishes to have the CITY, and BSO exercise jurisdiction for traffic control and enforcement purposes, including but not limited to the enforcement of Tamarac Code Chapter 14, Article II, and State Statute 316.2065(3)(d)(e), over any private or limited access road or roads owned or maintained by OWNER, which is described in attached Exhibit "1 ", pursuant to Florida Statute 316.006(2)(b); WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the parties hereto covenant and agree, each with the other as follows: 1. That the foregoing preamble is hereby ratified and confirmed as true and correct. 2. That OWNER hereby represents that OWNER owns or controls the private and limited access road or roads within the property described in attached Exhibit 1". 3. That the OWNER hereby recognizes the jurisdiction of the CITY and BSO over any private or limited access road or roads within the property described on Exhibit " 1 " attached hereto, for traffic control and enforcement purposes. 4. That the CITY and BSO hereby agree to exercise jurisdiction for traffic control and enforcement purposes over any private or limited access road or roads within the property described in attached Exhibit "1". 5. That the OWNER agrees, at its own expense, to pay all costs necessary for signage and markings as prescribed by the appropriate local governmental authority, as necessary for traffic control and enforcement purposes. 6. That the OWNER agrees to hold harmless, indemnify and defend the CITY, BSO and their employees, agents, servants and representatives, from any and all suits, claims or judgements of any kind arising solely and as a direct result of CITY and/or BSO exercising jurisdiction for traffic control and enforcement purposes over any private or limited access road or roads, as provided in the Agreement, or arising from the acts or omission of OWNER, its employees, agents, servants, or representatives. 7. That the OWNER agrees to name the CITY and BSO as an additional insured under its general liability policy as to the traffic enforcement activities of the employees and agents of the Broward Sheriff's Office, a copy of which is attached as Exhibit "2". 8. That the OWNER, BSO and the CITY agree that at this time, it is impracticable to determine any other costs except for those above stated for traffic control and enforcement purposes. However, if additional costs for traffic control and enforcement purposes, as provided in the Agreement, are determined, the OWNER agrees to pay same. 9. That although the OWNER recognizes that authority of the CITY and BSO to patrol on private property to enforce all of the laws of the state, county and city upon the OWNER's property other than for traffic control and enforcement purposes, same is done pursuant to law and not through this or any other Agreement. 10. That either party may terminate this Agreement upon sixty (60) days' notice by notifying the opposite party in writing of its intention to do same. 11. Notices shall be deemed given when sent by the United States Mail, Certified, with a return receipt requested, to the respective party at the following addresses or such addresses as may be provided from time to time in accordance with the procedures set forth herein: CITY: City Manager of the City of Tamarac 7525 NW 881' Avenue Tamarac, Florida 33321 With a copy of the City Attorney at the same address BSO: Broward Sheriff's Office 2601 West Broward Boulevard Fort Lauderdale, Florida 33310 OWNER: Devon Neighborhood Association, Inc. 7361 N. Devon Drive Tamarac, FL 33321 2 The parties acknowledge that police services are provided by BSO throughout the City of Tamarac pursuant to a separate Agreement between CITY and BSO, and said Agreement governs CITY and BSO. The parties also acknowledge and agree that the provisions of this Agreement for Traffic Control and Enforcement are not a waiver by CITY of the rights and remedies it has pursuant to the Agreement between CITY and BSO for police services or a waiver of indemnification provided by BSO in said Agreement. In WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, this ),*�,rd day of &L4 1,u c,:r 2023. 0%% IIIIIIIit, i ESTA�'>?_]1�ED Q 1963 �= ' SEAL ' �4Z; ATTEST: cow" Kirhberly Dillon, CIVIC City Clerk f kd%ls Date (Seal) CITY OF TAMARAC, FLORIDA a Mich le J. Gomez, Mayor ate LVvent Sucuoglu, City Manage Date MX;r al sufficiency: s Ottinot, City Agorney !' 3 2 Date (SIGNATURES CONTINUED ON FOLLOWING PAGE] BIRO NARD SHERIFF'S OFFICE Gre ory TWny, S iff 51312-0 2Z Date WITNESS: BY: K4� BY: T� —} ,,/,- APPROVED AS TO FORM AND LE"EO. CY: / BY TEC Z1GENERALCOUNSEL Date OWNER: DE ON NEI HB RHOOD A IATIO , I AlanT<ushne , President Date WITNE S:/ B (,r Gl,C Oi /'I�LIS iJ ATTEST: BY: CORP t S C T RY Print Name 1 _ Date (Corporate Seal) EXHIBIT 1 BSO will exercise jurisdiction for traffic control and enforcement purposes over any private or limited access road or roads within the property owned by Devon Neighborhood Association, including, but not limited to, the ones legally described below. A map showing the boundaries of the Devon Community is shown in Figure 1. DEVON NEIGHBORHOOD LEGAL DESCRIPTION Parcel ID# 4941 06 11 0030 DEVON 138-4 B PORTION OF PAR "D" DESC IN OR 20807/739 K/A DEVON DRIVE ENTRY Figure 1 5 DEVONEI-01 S ENE CERTIFICATE OF LIABILITY INSURANCE DAT6I712023 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: C & C Insurance, Inc. PHONE FAX 1921 NW 150 Ave, Suite 101 (A/C. No. Exi) (954) 431-2008 (A/C. No):(954) 704-0507 Pembroke Pines, FL 33028 E-MAIL @ ADDRESS r info candcinsuance.com —._- INSURERS) AFFORDING COVERAGE NAIC M INSURER A PHILADELPHIA INSURANCE CO INSURED INSURER B:PENNSYLVANIA MFG ASSOCIATION INSURANCE 12262 Devon Neighborhood Assoc., Inc. INSURER C:TOWER HILL PRIME _ _- 11027 CIO Phoenix Management Service 7680 N Nob Hill Rd INSURER o : Travelers Casualty And Surety Company Of America 31194 - Tamarac, FL 33321 INSURER E INSURER F : COVERAGES CFRTIFICATF NIIMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADIN SUER POLICY NUMBER ^ POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE __,-,. S 1,000,000 CLAIMS -MADE X OCCUR X PHPK2489930 12/31/2022 12/31/2023 1 DAMAGE T RENTED gel $ 100,000 . ! ._MED EXP (Any one person) S 1,000,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL. AGGREGATE S X POLICY'7 JEg7 C LOC ; PRODUCTS - COMPIOPAGG _ S 2000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea Avs09nll _. S ANY AUTO BODILY INJURY (Per person —S_ OWNED SCHEDULED AUTOS ONLY AUTOS ! BODILY INJURY (Per accident). S _ , ON.pWNEq ! AUTOS A11T03 PROPERTY DAMAGE _ ONLY ONLY... $ UMBRELLA LIAR OCCUR i EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DED RETENTION S B WORKERS COMPENSATION PER 6- X STATUTE AND EMPLOYERS' LIABILITY YIN - 202201-14-32-96-2Y 12/31/2022 12/3112023 500,000 ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMSER EXCWDED9 NIA E-EACH ACCIDENT S 500,000 (Mandatory in NH) EL DISEASE - EA EMPLOYE 5 If yes, descnbe under 500,000 DESCRIPTION OF OPERATIONS below E L DISEASE - POI ICY LIMIT C Property ECF1007701 12/31/2022 12/3112023 See Remarks D Crime -Prop Mgr Incid 107363684 12/3112022 1213112023 Limit 100,000 i i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Broward Sheriffs Office is listed as additional insured in regards to general liability where required by contract. i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Broward Sheriffs Office THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2601 West Broward Boulevard Fort Lauderdale, FL 33310 - AUTHORIZED REPRESENTATIVE V , ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DEVONEI-01 SMENC AcoRO CERTIFICATE OF LIABILITY INSURANCE DATE6/7/2 DYYYY) /7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT NAME. C & C Insurance, Inc. PHONE FAX 1921 NW 150 Ave, Suite 101 (AIC. No. Ext): (954) 431-2008 (AIC . No): (954) 704-0507 Pembroke Pines, FL 33028 ADDRESS info@candcinsurance.com INSURED Devon Neighborhood Assoc., Inc. C/O Phoenix Management Service 7680 N Nob Hill Rd Tamarac, FL 33321 INSURER(SZAFFORDING COVERAGE _ NAIC It INSURER A: PHILADELPHIA INSURANCE CO INSURER B PENNSYLVANIA MFG ASSOCIATION INSURANCE 12262 INSURER C: TOWER HILL PRIME 11027 INSURER D : Travelers Casualty And Surety Company Of America 31194 - INSURER E INSURER F : COVERAGES CERTIFICATE NUMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLi5U8R' D ID POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY ---_.. EACH OCCURRENCE _E 11000,000 CLAIMS -MADE X OCCUR X PHPK2489930 12/31/2022 12/31/2023 DAMAGE TO RENTED P3EMISES (Ea_ocarrreneel . S. _..___._ 100,000 I_MED EXP (AnV one arl peB-. $ 1,000,000 PERSONAL& ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: --- ." GENERAL AGGREGATE S _ .. 2,000,000 PRo — X , POLICY - _ JECT II I LOC _ _ PRODUCTS - COMPIOP ACG , S 2,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BOOILV INJURY ;Per pereon� S _ _ OWNED SCHEDULED AUTOS ONLY AUTOS BOOILY INJURY (Per accidert) S. I AIRED pp AU�TONIV DAMAGE PROPERTY DAMAGE _ AUTOS ONLY _.� ___ S i g . UMBRELLA LIAB OCCUR ( EACH OCCURRENCE, S EXCESS LIAR CLAIMS -MADE AGGREGATE . 5_ DED RETENTION $ S B WORKERS COMPENSATION X PER i OTH- STATUTE ER AND EMPLOYERS'LIABILITY ,r / N —__. 202201-14-32-96-2Y 12/31/2022 12/31/2023 $00,000 ANY �ROPRIETORIPARTNERIEXECUTIVE !— OFFICER/MFMggEER EXCLUDED? N I A NN) E L EACH ACCIDENT 5 500,000 (Mandatorym E L DISEASE - EA EMPLOYEE S If yes, describe under - _. _.__ _.. SOO,000 DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT C Property ECF1007701 12/31/2022 12/31/2023 See Remarks D Crime -Prop Mgr Incid 107363684 12/31/2022 12/31/2023 Limit 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Tamarac is listed as additional insured in I i i regards to general liability where required by contract. City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD