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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-057Temp. Reso. #11598 Revision #1 - 4/16/09 RESOLUTION 2009 - ' 7 A RESOLUTION AUTHORIZING THE MAYOR AND CITY COMMISSION TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH THE CITY OF LAUDERDALE LAKES FOR THE MAINTENANCE OF TRAFFICWAY BEAUTIFICATION ALONG NORTHWEST 31 ST AVENUE BETWEEN NORTHWEST 46T" STREET TO COMMERCIAL BOULEVARD, OF WHICH IS ATTACHED HERETO AS EXHIBIT 1; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Lauderdale Lakes entered into an Agreement with Broward County on January 28, 2003 for the beautification of Northwest 31 St Avenue from Northwest 19th Street to Commercial Boulevard ("trafficway") under County Project No. 5249 ("Project"); and WHEREAS, the Northwest 31st Avenue corridor, within the Project boundaries, includes areas within the jurisdiction of City of Tamarac ("Tamarac"); and WHEREAS, the Project involved the funding of certain beautification improvements and obligations for the maintenance of such improvements along the Northwest 315t Avenue corridor, from Northwest 46th Street to Commercial Boulevard; and WHEREAS, Tamarac currently maintains certain median and other roadway improvements within its territorial limits and along the Northwest 315t Avenue corridor from Northwest 46th Street to Commercial Boulevard; and WHEREAS, the City and Lauderdale Lakes are desirous of entering into a maintenance agreement, whereby the City assumes the maintenance obligations required of the City in Pagel of 3 JS/bl-Laud. Lakes Trafficway .Beautification Agree. Temp. Reso. #11598 Revision #1 - 4/16/09 connection with the Project, for the area located within the municipal boundaries of the City of Tamarac; and WHEREAS, it is a benefit to the residents of the City of Tamarac to landscape and beautify the medians located on Northwest 315t Avenue between Northwest 46th Street and Commercial Boulevard. 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 upon adoption hereof. All exhibits attached hereto are incorporated herein by reference. Section 2: The appropriate City Officials are hereby authorized to execute an Interlocal Agreement with the City of Lauderdale Lakes for the maintenance of trafficway beautification for Northwest 31 st Avenue between Northwest 46th Street and Commercial Boulevard, which is attached as Exhibit #1. Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or 1 Page 2 of 3 JS/bl-Laud. Lakes Traffimay Beautification Agree. Temp. Reso. #11598 Revision #1 - 4/16/09 �l application, and to this end the provisions of this Resolution are declared to be severable. Section 5: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF , 2009. ATTEST: L MARION SW NSON, C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. '$AMUEL S. GOREN .a'�'w' CITY ATTORNEY BETH FLANSBAUM-TA ABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO C �' DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: COMM. DRESSLER Page 3 of 3 JSN-Laud. Lakes Trafficway Beautification Agree. r Exhibit 1 TR #11598 INTERLOCAL AGREEMENT FOR MAINTENANCE OF TRAFFIC WAY BEAUTIFICATION FOR NORTHWEST 31ST AVENUE FROM NORTHWEST 461n STREET TO COMMERCIAL BOULEVARD THIS INTERLOCAL AGREEMENT, ("Agreement"), made and entered into on the 27th day of January , 2009, by and between: The CITY OF TAMARAC, a Florida municipal corporation, hereinafter referred to as "TAMARAC," NMI The CITY OF LAUDERDALE LAKES, a Florida municipal corporation existing under the laws of the state of Florida, hereinafter referred to as "LAUDERDALE LAKES." WITNESSETH: WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, LAUDERDALE LAKES entered into an Agreement ("PROJECT AGREEMENT") with Broward County for the beautification of Northwest 31St Avenue from Northwest 19th Street to Commercial Boulevard ("trafficway") under County Project No. 5249 ("PROJECT"), a copy of which is attached hereto and made a part hereof as Exhibit A. WHEREAS, the PROJECT involves the funding of certain beautification improvements and obligations for the maintenance of such improvements along the Northwest 31st Avenue corridor, from Northwest 46th Street to Commercial Boulevard, and WHEREAS, the Northwest 31st Avenue corridor, within the PROJECT boundaries, includes areas within the jurisdiction of TAMARAC, and WHEREAS, TAMARAC currently maintains certain median and other roadway improvements within its territorial limits and along the Northwest 315t Avenue corridor, and WHEREAS, LAUDERDALE LAKES and TAMARAC are desirous of entering into a maintenance agreement, whereby TAMARAC assumes the maintenance obligations required of LAUDERDALE LAKES in connection with the PROJECT, for the area located within the municipal boundaries of the City of TAMARAC WHEREAS, it is a mutual benefit to the residents of TAMARAC and LAUDERDALE LAKES to landscape and beautify the medians located on Northwest 315t Avenue between Northwest 46th and Commercial Boulevard; and NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, LAUDERDALE LAKES and TAMARAC agree as follows: ARTICLE 1 1.1. RECITALS: Each "WHEREAS' clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 - SCOPE OF SERVICES 2.1. DUTIES AND RESPONSIBILITIES OF LAUDERDALE LAKES 2.1.1 LAUDERDALE LAKES shall supply two (2) complete sets of Irrigation and Landscape As -Built plans to TAMARAC. 2.2. DUTIES AND RESPONSIBILITIES OF TAMARAC 2.2.1. TAMARAC shall properly maintain and fertilize all vegetation by: 1. keeping all vegetation as free from disease and harmful insects as practicable, 2. properly mulching the vegetation beds; 3. keeping the vegetation beds free from weeds; 4. periodically mowing the grass in order to maintain a neat and proper appearance; 5. pruning all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the trafficway; 6. removing and replacing all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the trafficway, and 7. keeping litter removed from the trafficway. 0 Revised 3/02/09 JCB/jla ARTICLE 3 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY 3.1. It is specifically understood and agreed that all rights and powers as may be vested in the TAMARAC pursuant to Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of TAMARAC not specifically addressed by this Agreement, shall be retained by TAMARAC. ARTICLE 4 — CONSIDERATION 4.1. TAMARAC and LAUDERDALE LAKES acknowledge and agree that ten ($10) dollars, adequacy and receipt of which is hereby acknowledged by each municipality, is given as specific consideration for either party to terminate the Agreement for convenience. ARTICLE 5 - TERM OF AGREEMENT 5.1. TAMARAC shall have received copies of Irrigation and Landscape As -Built plans prior to enforceability of this Agreement. ARTICLE 6 — INDEMNIFICATION, GOVERNMENTAL IMMUNITY and INSURANCE 6.1. LAUDERDALE LAKES is a municipal agency as defined in §768,28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law while they are employed by the City of Lauderdale Lakes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. 6.2. TAMARAC is a municipal agency as defined in §768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law while they are employed by the City of Tamarac. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. 6.3. LAUDERDALE LAKES is a state agency and is self insured in accordance with provisions set forth within Section 768.28, Florida Statutes. LAUDERDALE LAKES shall furnish TAMARAC with written verification of liability protection in accordance with state law prior to or at the time of execution of this Agreement. 6.4. TAMARAC is a state agency and is self insured in accordance with provisions set forth within Section 768,28, Florida Statutes. TAMARAC shall furnish LAUDERDALE LAKES with written verification of liability protection in accordance with state law prior to or at the time of execution of this Agreement. 3 Revised 3/02109 JCB/jla ARTICLE 7 - TERMINATION 7.1.. This Agreement may be terminated without cause by either TAMARAC or LAUDERDALE LAKES upon providing thirty (30) days written notice given by the terminating City to the other City. 7.2. In the event this Agreement is terminated for convenience, upon being notified of election to terminate, the cities shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. ARTICLE 8 - NOTICES 8.1 In the event, either TAMARAC or LAUDERDALE LAKES terminates this Agreement for convenience, such notice shall be in writing and may be hand delivered, by United States mail, postage prepaid, first class and certified, return receipt requested, or by facsimile transfer with proof of receipt of delivery, addressed as follows: TO CITY OF TAMARAC: Jack Strain, Director of Public Works 6001 Nab Hill Tamarac, Florida 33321 (954) 724-2410 TO CITY OF LAUDERDALE LAKES: Phil Alleyne, Director of Public Works 4300 NW 36t" Street Lauderdale Lakes, Florida 33319-5599 ARTICLE 9 - MISCELLANEOUS PROVISIONS 9.1. ASSIGNMENT: LAUDERDALE LAKES shall perform the selected services provided for in this Agreement exclusively and solely for the benefit of TAMARAC which is a party to this Agreement. Neither party shall have the right to assign this Agreement. 9.2. WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar waiver or failure. 9.3. SEVERABILITY: Should any part, term or provision of this Agreement be by the courts determined illegal or in conflict with any law of the State, the invalidity of the remaining portions or provisions shall not be affected thereby. 4 Revised 3/02/09 JCB/jjla 91 9.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, 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. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 9.5. HEADINGS: Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 9.6. MODIFICATION: It is further agreed that no modifications, amendments or alterations 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. 9.7. CHOICE OF LAW, WAIVER OF JURY TRIAL: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 9.8. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 9.9. RECORDING: This Agreement shall be recorded in the public records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. 01 Revised 3/02/09 JCB/jla IN WITNESS WHEREOF, the CITY OF TAMARAC and the CITY OF LAUDERDALE LAKES have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF TAMARAC, FLORIDA ky: JEFFR L. ILLER, CITY MANAGER ATTCSTi 16 �14 CITY01LERK APPF�QYED AS TO FORM: OFFICE OF THE CITY ATTORNEY ATTEST: Z4, �e -4 �� EL E F. CARSON, CITY CLERK 'r S--- i ioIIIZ TE X JC -1, RP CITY OF LAUDERDALE LAKES, FLORIDA 0 Revised 3/02/09 JCB/jla