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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-1891 1 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 Section 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 7- 1 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 f r 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 Comrt;issi��n # f)I;546469 Exl7ire,�; ,; tEw'E 1 /, 2010 Bonded Thru Atlantic L;o?;�l�g Co., Inc. SSG:DNT js IIA2005\050164 TAMARAC\ACMTS\Boat Ramp Agreement- NI, and Tamarac.doc ................... .. . ............... .. . ........................... . ................... ...... .. ................. ..... ........... .... .. ..... .............. ............................................ .... .............. ................................................................. �, CITY OF TAMARAC IV ME= TD� DWARnUM 9%WNIWRW m (2 SHEET I OF I W 31 OR- E EXHIBIT I s DELL r I. b n IT 76 sr RIF, in 4, '=Mlo 4 M-4T OF ob IL WK L I ffix"NUOM MOP0400 1"T *MW LWATM CnT QW TAWMW_ PVMMP CWM. M-00�A MW L NAM M R.MMM J� TOP, ok Ntr 44 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