HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-1891
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Temp Reso. #11323
Page 1 of 3
November 13, 2007
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- /00�
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS
TO EXECUTE A BOAT RAMP
INSTALLATION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND THE CITY OF NORTH
LAUDERDALE; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has limited access for launching its canal
maintenance equipment; and,
WHEREAS, the goal is to install boat ramps wherever necessary to
facilitate better access and therefore more efficient operation; and,
WHEREAS, on June 26, 2007, the City Commission of the City of
Tamarac approved R-2007-112 and executed an Agreement with Straightline
Engineering Group, Inc. for Design/Build of Boat Ramps Project, a copy of which
is on file in the Office of the City Clerk; and
WHEREAS, the City of North Lauderdale is willing to enter into a Interlocal
Agreement for said boat ramp location, a copy of the Agreement is attached
hereto as Exhibit 1; and
Temp Reso. #11323
Page 2 of 3
November 13, 2007
WHEREAS, the Director of Public Works recommends that the City
execute the Interlocal Agreement with the City of North Lauderdale for the right to
use its property for access to the City of Tamarac canals; 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
execute agreement with City of North Lauderdale.
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.
Section 2: The appropriate City Officials are HEREBY authorized to
execute the Boat Ramp Installation Agreement between the City of North
Lauderdale and the City of Tamarac, hereto 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are hereby repealed to the extent of such conflict.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 application, and to this end the provisions of this Resolution
are declared to be severable.
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7-
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Temp Reso. #11323
Page 3 of 3
November 13, 2007
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS DAY OF , 2007.
ATTEST:
MARION S ENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
AMUEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO�
DIST 1: COMM. PORTNER alw
DIST 2: COMM. ATKINS-GRA
DIST 3: WM SULTANOF
DIST 4: COMM. DRESSLER
EXHIBIT 1
BOAT RAMP INSTALLATION AGREEMENT
BETWEEN CITY OF TAMARAC
AND CITY OF NORTH LAUDERDALE
THIS AGREEMENT dated this 2 day of — �� a1e-Zt,L-k1e1 /- ,
2007 made by and between:
THE CITY OF TAMARAC, FLORIDA, a municipal corporation organized and
operating pursuant to the laws of the State of Florida, with a business address of 7525
NW 881h Avenue, Tamarac, FL (hereinafter referred to as "TAMARAC")
am
CITY OF NORTH LAUDERDALE, a Florida municipal corporation, with a business
address of 701 SW 71 Avenue, North Lauderdale, Florida 33068 (hereinafter referred to
as "NORTH LAUDERDALE"). TAMARAC and NORTH LAUDERDALE may
sometimes hereafter be referred to collectively as "the Parties".
WITNESSETH:
WHEREAS, TAMARAC owns and/or maintains certain public works installations and
facilities throughout the City of Tamarac, Florida; and
WHEREAS, a number of these installation sites and facilities are located on waterways
within TAMARAC, and several of these waterways are located adjacent to the City of North
Lauderdale; and
WHEREAS, in order to effectively access and service these public works installations
and facilities the CITY is seeking permission from property owners to install boat ramps on their
property to allow for access to the necessary waterways; and
WHEREAS, TAMARAC is further seeking access easements from the appropriate
property owners provide reasonable and efficient access to the waterways and public works
facilities and installations in order to enable TAMARAC to properly service and maintain these
sites; and
WHEREAS, once TAMARAC has obtained permission from NORTH LAUDERDALE
to install these boat ramps, TAMARAC will enter into agreements with contractors to perform
the necessary design and installation work; and
WHEREAS, the Parties agree that it is in the best interests of the citizens and residents
of the City of Tamarac for TAMARAC to have reasonable and efficient access to the necessary
waterways in order for TAMARAC to properly service and maintain the public works
installations and facilities located throughout TAMARAC.
1
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants hereinafter set forth, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, TAMARAC and NORTH LAUDERDALE hereby
agree as follows:
1. Recitals. The foregoing "WHEREAS" clauses are hereby incorporated
herein by this reference.
2. NORTH LAUDERDALE agrees to provide TAMARAC with a reasonable
location, agreeable to both Parties, where TAMARAC may install a boat ramp to allow for
access to necessary waterways in order for TAMARAC to properly service and maintain the
public works installations and facilities located within TAMARAC.
3. TAMARAC shall engage an outside contractor for the design and installation of a
boat ramp, and the design of said boat ramp shall be subject to NORTH LAUDERDALE's
approval. NORTH LAUDERDALE shall not unreasonably withhold its approval of the boat
ramp design.
4. NORTH LAUDERDALE shall grant TAMARAC an access easement to allow for
reasonable access to the boat ramp once installed. This easement shall be formally executed by
the Parties after the completion and approval of the boat ramp design.
5. TAMARAC shall be responsible for all recording and other costs associated with
this Agreement and the subsequent easement.
6. Governmental Immunity. Both parties are state agencies as defined in Chapter
768.28, Florida Statutes. Each agrees to be fully responsible for acts and omissions of their
agents or employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which 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 or any other contract.
7. Independent Contractors. This Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
TAMARAC and NORTH LAUDERDALE are independent contractors under this Agreement
and neither is the employee of the other for all purposes, including, but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State
unemployment insurance law. The Parties shall each retain sole and absolute discretion in the
judgment of the manner and means of carrying out their activities and responsibilities hereunder
provided, further that administrative procedures applicable to services rendered under this
Agreement shall be those of each individual Party. Services provided by each Party pursuant to
this Agreement shall be subject to the supervision of such Party. In providing such services,
neither Party nor its agents shall act as officers, employees, or agents of the other Party. The
Parties agree that they are separate and independent enterprises, that each had the full opportunity
K
to find other business, that it has made its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work hereunder. This Agreement shall not be
construed as creating any joint employment relationship between the Parties and neither Party
will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid
minimum wages and/or overtime premiums.
8. Third Party Beneficiaries. Neither party intends that this Agreement shall
directly or substantially benefit any third party by this Agreement. Therefore, the Parties agree
that there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either party based upon this Agreement. The Parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third persons or
entity under this Agreement.
9. Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
10. Assignments. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by the Parties without the prior
written consent of the other party.
11. Records. Both Parties shall keep, maintain and preserve books and records
and require any and all subcontractors to keep books and records as may be necessary in order to
record complete and correct entries as is related to personnel hours charged to this engagement,
any expenses for which the Parties expect to be reimbursed, or any other records that are related
to this Agreement. Such books, accounts and records will be available at all reasonable times for
examination and audit by the other party and shall be kept for the required retention period of the
Florida Public Records Act (Chapter 119, Fla. Stat.) or as may otherwise be required by law.
Incomplete or incorrect entries in such books and records will be grounds for disallowance by
the other party of any fees or expenses based upon such entries.
12. Public Records. Pursuant to Chapter 119, Florida Statutes, Florida's Public
Records laws, the Parties shall maintain and make available for inspection any and all business
records generated pursuant to this Agreement as required by law.
13. No Contingent Fees. The Parties warrant that they have not employed or retained
any company or person, other than a bona fide employee working solely for such party, to solicit
or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for the Parties,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement.
14. Notice. Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by certified United States mail, with return receipt requested, or
by facsimile transmission with certification of transmission to the receiving party, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and the
3
places for giving of notice shall remain such until they shall have been changed by written notice
in compliance with the provisions of this section. For the present, NORTH LAUDERDALE and
TAMARAC designate the following as the respective places for giving of notice:
Tamarac: Jeffrey Miller, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
Telephone No. (954) 597-3515
Facsimile No. (954) 597-3520
Copies to: Jack Strain, Public Works Director
City of Tamarac
6011 Nob Hill Road 33321
Telephone No. (954) 597-3734
Facsimile No. (954) 597-3710
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
North Lauderdale: Richard D. Sala, City Manager
City of North Lauderdale
701 SW 71 Avenue
North Lauderdale, Florida 33068
Telephone No.: (954) 722-0900
Facsimile No.: (954) 720-2151
Copies to: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
16. Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
17. Exhibits. Each Exhibit referred to in this Agreement forms an essential part
of this Agreement. The exhibits if not physically attached should be treated as part of this
Agreement and are incorporated herein by reference.
2
18. Headings. Headings herein are for convenience of reference only and shall
not be considered on any interpretation of this Agreement.
19. Severability. If any provision of this Agreement or application thereof to any
person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
20. Governing Law. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Broward County, Florida.
21. Disputes. Any claim, objection, or dispute arising out of the terms of this
Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Broward
County.
22. Joint Defense. In the event that the validity of this Agreement is challenged
through legal proceedings or otherwise, the Parties agree to cooperate with each other in defense
of this Agreement, with each Party to bear its own attorney's fees and costs associated with such
defense.
23. Attorney's Fees. In the event that either party brings suit for enforcement of
this Agreement, each party shall bear their own attorney's fees and costs, including paralegal
fees, at both the trial and appellate levels, in addition to any other remedy afforded by law,
except as may otherwise be provided for in this Agreement.
24. Extent of Agreement. This Agreement together with the attached Exhibits, as
amended herein above represents the entire and integrated agreement between the Parties and
supersedes all prior negotiations, representations or agreements, either written or oral.
25. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
26. Materiality and Waiver. The Parties agree that each requirement, duty and
obligation set forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof. Failure of either party to insist upon strict performance of
any provision or condition of this Agreement, or to execute any right therein contained, shall not
be construed as a waiver or relinquishment for the future of any such provision, condition, or
right, but the same shall remain in full force and effect.
27. Compliance with Laws. The Parties shall comply with all federal, state, and
local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
IN WITNESS WHEREOF, the City of Tamarac and the City of North Lauderdale have
executed this agreement by their duly authorized officers, this day of c ��k; 2007.
E
CITY OF TAMARAC
ATTEST: BY:
MAYOR BETH FLA] JTV-TAL ISCO
MARION SW'ENSON, CITY CLERK
APPROVED TO FORM:
BY:
OFFI E OF THE CITY ATTORNEY
WITNESS:
BY: Z5r'FFRL y lei i �L L7Z,
Cj� 1'kjhlV A2i2
_ Print or Type Name and Title
177 AA Ss' ldt:2
STATE OF FLORIDA
ss:
COUNTY OF (2&� )
ON THISc?p%ay of , 2007, before me, the undersigned notary
public, personally appeared 4fe;M IZeA6&41 �j&&1*A 46--' as Mayor of the City of
Tamarac, personally known to me, _or *440 Las pr-edtmrd
and is the person who subscribed to
the foregoing instrument and who acknowledged that (s)he executed the same on behalf of said
Association and that (s)he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
NOTARY PUBLIC
NOTARY PUBLIGSTATE FLORIDA
Patricia Teufel
"Commission DD684007
Print or Type N �' ires'2�
gD THRII ATLANTIC BONDING CO., INC
CITY OF NORTH LAUDERDALE
BY:
ATTEST: MAYOR JACK BRADY
R
CITY OF TAMARAC
INTEROFFICE MEMORANDUM (07-12-276-BL)
PUBLIC WORKS DEPARTMENT
TO: Marion Swenson, City Clerk DATE: December 17, 2007
FROM: Jack Strain, Director of Public RE: Boat Ramp Installation
Works Agreement between City of
Tamarac and City of North
Lauderdale
Attached for your records is a certified copy of the fully executed Boat Ramp Installation
Agreement as referenced above.
EXHIBIT I
C: wnty of Oroward
City of North Laoderdale
l hereby certify thst this is a iruc and correct cop pf
�kT �M Susrrtu.g�to_� sA(�%�E"��"-� � MP INSTALLATION AGREEMENT
Witness my hand and the Official seal of Nora
this %> `-k day of 07 BETWEEN CITY OF TAMARAC
eA, AND CITY OF NORTH LAUDERDALE
City Clerk
THIS AGREEMENT dated this 2S 0 day of ,
2007 made by and between:
THE CITY OF TAMARAC, FLORIDA, a municipal corporation organized and
operating pursuant to the laws of the State of Florida, with a business address of 7525
NW 88th Avenue, Tamarac, FL (hereinafter referred to as "TAMARAC")
CITY OF NORTH LAUDERDALE, a Florida municipal corporation, with a business
address of 701 SW 71 Avenue, North Lauderdale, Florida 33068 (hereinafter referred to
as "NORTH LAUDERDALE"). TAMARAC and NORTH LAUDERDALE may
sometimes hereafter be referred to collectively as "the Parties".
WITNESSETH:
WHEREAS, TAMARAC owns and/or maintains certain public works installations and
facilities throughout the City of Tamarac, Florida; and
WHEREAS, a number of these installation sites and facilities are located on waterways
within TAMARAC, and several -of these waterways are located adjacent to the City of North
Lauderdale; and
WHEREAS, in order to effectively access and service these public works installations
and facilities the CITY is seeking permission from property owners to install boat ramps on their
property to allow for access to the necessary waterways; and
WHEREAS, TAMARAC is further seeking access easements from the appropriate
property owners provide reasonable and efficient access to the waterways and public works
facilities and installations in order to enable TAMARAC to properly service and maintain these
sites; and
WHEREAS, once TAMARAC has obtained permission from NORTH LAUDERDALE
to install these boat ramps, TAMARAC will enter into agreements with contractors to perform
the necessary design and installation work; and
WHEREAS, the Parties agree that it is in the best interests of the citizens and residents
of the City of Tamarac for TAMARAC to have reasonable and efficient access to the necessary
waterways in order for TAMARAC to properly service and maintain the public works
installations and facilities located throughout TAMARAC.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and
covenants hereinafter set forth, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, TAMARAC and NORTH LAUDERDALE hereby
agree as follows:
1. Recitals. The foregoing "WHEREAS" clauses are hereby incorporated
herein by this reference.
2. NORTH LAUDERDALE agrees to provide TAMARAC with a reasonable
location, agreeable to both Parties, where TAMARAC may install a boat ramp to allow for
access to necessary waterways in order for TAMARAC to properly service and maintain the
public works installations and facilities located within TAMARAC.
3. TAMARAC shall engage an outside contractor for the design and installation of a
boat ramp, and the design of said boat ramp shall be subject to NORTH LAUDERDALE's
approval. NORTH LAUDERDALE shall not unreasonably withhold its approval of the boat
ramp design.
4. NORTH LAUDERDALE shall grant TAMARAC an access easement to allow for
reasonable access to the boat ramp once installed. This easement shall be formally executed by
the Parties after the completion and approval of the boat ramp design.
5. TAMARAC shall be responsible for all recording and other costs associated with
this Agreement and the subsequent easement.
6. Governmental Immunity. Both parties are state agencies as defined in Chapter
768.28, Florida Statutes. Each agrees to be fully responsible for acts and omissions of their
agents or employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity by any party to which
sovereign immunity maybe 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 or any other contract.
7. Independent Contractors. This Agreement does not create an
employee/employer relationship between the Parties. It is the intent of the Parties that
TAMARAC and NORTH LAUDERDALE are independent contractors under this Agreement
and neither is the employee of the other for all purposes, including, but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State
unemployment insurance law. The Parties shall each retain sole and absolute discretion in the
judgment of the manner and means of carrying out their activities and responsibilities hereunder
provided, further that administrative procedures applicable to services rendered under this
Agreement shall be those of each individual Party. Services provided by each Party pursuant to
this Agreement shall be subject to the supervision of such Party. In providing such services,
neither Party nor its agents shall act as officers, employees, or agents of the other Party. The
Parties agree that they are separate and independent enterprises, that each had the full opportunity
2
to find other business, that it has made its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work hereunder. This Agreement shall not be
construed as creating any joint employment relationship between the Parties and neither Party
will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid
minimum wages and/or overtime premiums.
S. Third Party Beneficiaries. Neither party intends that. this Agreement shall
directly or substantially benefit any third party by this Agreement. Therefore, the Parties agree
that there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either party based upon this Agreement. The Parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third persons or
entity under this Agreement.
9. Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
10. Assignments. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by the Parties without the prior
written consent of the other party.
11. Records. Both Parties shall keep, maintain and preserve books and records
and require any and all subcontractors to keep books and records as may be necessary in order to
record complete and correct entries as is related to personnel hours charged to this engagement,
any expenses for which the Parties expect to be reimbursed, or any other records that are related
to this Agreement. Such books, accounts and records will be available at all reasonable times for
examination and audit by the other party and shall be kept for the required retention period of the
Florida Public Records Act (Chapter 119, Fla. Stat.) or as may otherwise be required by law.
Incomplete or incorrect entries in such books and records will be grounds for disallowance by
the other party of any fees or expenses based upon such entries.
12, Public Records. Pursuant to Chapter 119, Florida Statutes, Florida's Public
Records laws, the Parties shall maintain and make available for inspection any and all business
records generated pursuant to this Agreement as required by law.
13. No Contingents. The Parties warrant that they have not employed or retained
any company or person, other than a bona fide employee working solely for such party, to solicit
or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for the Parties,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement.
14. Notice. Whenever any party desires to give notice unto any other party, it must
be given by written notice, sent by certified United States mail, with return receipt requested, or
by facsimile transmission with certification of transmission to the receiving party, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and the
3
places for giving of notice shall remain such until they shall have been changed by written notice
in compliance with the provisions of this section. For the present, NORTH LAUDERDALE and
TAMARAC designate the following as the respective places for giving of notice:
Tamarac: Jeffrey Miller, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
Telephone No. (954) 597-3515
Facsimile No. (954) 597-3520
Copies to: Jack Strain, Public Works Director
City of Tamarac
6011 Nob Hill Road 33321
Telephone No. (954) 597-3734
Facsimile No. (954) 597-3710
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
North Lauderdale: Richard D. Sala, City Manager
City of North Lauderdale
701 SW 71 Avenue
North Lauderdale, Florida 33068
Telephone No.: (954) 722-0900
Facsimile No.: (954) 720-2151
Copies to: Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
16. Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
17. Exhibits. Each Exhibit referred to in this Agreement forms an essential part
of this Agreement. The exhibits if not physically attached should be treated as part of this
Agreement and are incorporated herein by reference.
rd
18. Headings. Headings herein are for convenience of reference only and shall
not be considered on any interpretation of this Agreement.
19. Severability. If any provision of this Agreement or application thereof to any
person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
20. Governing Law. This Agreement shall be governed by the laws of the State
of Florida with venue lying in Broward County, Florida.
21. Disputes. Any claim, objection, or dispute arising out of the terms of this
Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Broward
County.
22. Joint Defense. In the event that the validity of this Agreement is challenged
through legal proceedings or otherwise, the Parties agree to cooperate with each other in defense
of this Agreement, with each Party to bear its own attorney's fees and costs associated with such
defense.
23. Attorney's Fees. In the event that either party brings suit for enforcement of
this Agreement, each party shall bear their own attorney's fees and costs, including paralegal
fees, at both the trial and appellate levels, in addition to any other remedy afforded by law,
except as may otherwise be provided for in this Agreement.
24. Extent of Agreement. This Agreement together with the attached Exhibits, as
amended herein above represents the entire and integrated agreement between the Parties and
supersedes all prior negotiations, representations or agreements, either written or oral.
25. Multiple_ Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
26. Materiality and Waiver. The Parties agree that each requirement, duty and
obligation set forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof. Failure of either party to insist upon strict performance of
any provision or condition of this Agreement, or to execute any right therein contained, shall not
be construed as a waiver or relinquishment for the future of any such provision, condition, or
right, but the same shall remain in full force and effect.
27. Compliance with Laws. The Parties shall comply with all federal, state, and
local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities and
obligations pursuant to this Agreement.
IN WITNESS WHEREOF, the City of Tamarac and the City of North Lauderdale have
executed this agreement by their duly authorized officers, thisI '? day of , 2007.
CITY OF TAMARAC
ATTEST: BY:...6
MAYOR BETH FLANSBAUM-TAL ISCO
BY:
MARION S NSON, CITY CLERK
APPROVED TO FORM:
BY:
OFFI E OF THE CITY ATTORNEY
1-7-� je/,,
WITNESS: %� / / Ed
BY:'j F . t O LLL
:/2,
Print or Type Name and Title
STATE OF FLORIDA )
ss:
COUNTY OF )
r _
ON THISaf�ay of 2007, before me, the undersigned notary
public, personally appeare - as Mayor of the City of
Tamarac, personally known to me,
a , and is the person who subscribed to
the foregoing instrument and who acknowledged that (s)he executed the same on behalf of said
Association and that (s)he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
r
NOTARY PUBLIC
NOTARY PUBLIC -STATE FLORIDA
Patricia Teufel
Commission DD684007
Print or Type Na v AnMT1c BONDING co., INC.
CITY OF NORT LAUDERDALE
ATTEST: MAYOR JACK BRADY
Al
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BY:i-c--�� r�
CITY CLERK
APPROVED A TO FORM:
BY: 11%g9 0
0 FVt E OF H ATTORNEY
WITNESS: N.
BY: lJ C4 t4i% D
Print or Tvnl Name aiid Title
STATIJ OF FLORIDA
) ss:
COUNTY OF beocv'996 )
ON THIS day of NdlVe1X,6&'-R , 2007, before me, the undersigned notary
public, personally appeared _K _,¢Jj y _ _ _ as Mayor of the City of
North Lauderdale, personally know to me, or who has produced
" as identification, and is the person who subscribed to
the foregoing instrument and who acknowledged that (s)he executed the same on behalf of said
Association and that (s)he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Y PUBLIC fS
Lo,—) J# , T o5-
NOTARY PUBLIC-sTAT"E OF FLORIItint or Type Name
My Commission Expires: Llllda �'"�ilite
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Bonded Thru Atlantic L;o?;�l�g Co., Inc.
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IIA2005\050164 TAMARAC\ACMTS\Boat Ramp Agreement- NI, and Tamarac.doc
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I hereby certify that this document is a true Temp Reso. #11323
a rrect copy of Page 1 of 3
—� November 13, 2007
the original of which is on file in City Hail,
WITNESS MY HAND AND OFFICIAL SEAL
OF THECITY OFTAMARAC, FLORI PA.This ay of, 20 CITY OF TAMARAC, FLORIDA
IPA
s'. .
City Clerk RESOLUTION NO. R � -2007- �
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS
TO EXECUTE A BOAT RAMP
INSTALLATION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND THE CITY OF NORTH
LAUDERDALE; PROVIDING FOR
CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
W�EREAS, the City of Tamarac has limited access for launching its canal
maintenance equipment; and,
WHEREAS, the goal is to install boat ramps wherever necessary to
facilitate better access and therefore more efficient operation; and,
WHEREAS, on June 26, 2007, the City Commission of the City of
Tamarac approved R-2007-112 and executed an Agreement with Straightline
Engineering Group, Inc. for Design/Build of Boat Ramps Project, a copy of which
is on file in the Office of the City Clerk; and
WHEREAS, the City of North Lauderdale is willing to enter into a Interlocal
Agreement for said boat ramp location, a copy of the Agreement is attached
hereto as Exhibit 1; and
Temp Reso. #11323
Page 2of3
•'Novei'�"ibew�l�;�°20�i°` . .-.
WHEREAS, the Director of Public Works recommends
execute the Interlocal Agreement with the City of North Lauderdale v h Q y•, , .
use its property for access to the City of Tamarac canals; anti
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
execute agreement with City of North Lauderdale.
P
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.
Section 2: The appropriate City Officials are HEREBY authorized to
execute the Boat Ramp Installation Agreement between the City of North
Lauderdale and the City of Tamarac, hereto 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 application, and to this end the provisions of this Resolution
are declared to be severable.
Temp Reso. #11323
Page 3 of 3
November 13, 2007
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THIS _ayDAY OF l � , 2007.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
AMUEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO�
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRA
DIST 3: WM SULTANOF q . =
DIST 4: COMM. DRESSLER
RESOLUTION NO. a — / / — 5 �2 80 77e k.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE MAYOR TO
BE AUTHORIZED TO ENTER INTO THE ATTACHED AGREEMENT
BETWEEN THE CITY OF NORTH LAUDERDALE AND THE CITY OF
TAMARAC FOR INSTALLATION OF A BOAT RAMP FOR ACCESS
AND MAINTENANCE OF THEIR CANAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1: That the City Manager is hereby authorized to enter into the attached agreement
between the City of North Lauderdale and the City of Tamarac for the installation of a boat ramp
for access and maintenance of their canal.
Section 2: That this Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED by the City Commission of the City of North Lauderdale, Florida this
29"' day of November, 2007.
APPRO ED AS `I'O FORM:
CITY TTORNP-Y , 1TEL S. GORLN
MAY .TACK BRADY„
ATTEST:
PATRICIA VANCHERI, DEPUTY CITY
w[yaaMYO]:�6/FAIIu(01ild aI
State of Florida
County of Broward
City of North Lauderdale
1 hereby certify that this is a true and correct copy of
Lf c!Lt' &Q "- 0-7-// - 5�2-80
Witness my hand and the', Seal of North Lauderdale
this d daayy of
City Clerk