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
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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
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JS/bl-Laud. Lakes Traffimay Beautification Agree.
Temp. Reso. #11598
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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
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JSN-Laud. Lakes Trafficway Beautification Agree.
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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.
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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.
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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.
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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.
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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
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CITY OF LAUDERDALE LAKES, FLORIDA
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