HomeMy WebLinkAboutCity of Tamarac Resolution (15)1
Temp. Reso. #9638
Page 1
December 11, 2001
Rev. #1 January 9, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R2002-015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, CHANGING THE STATUS OF RON A.
PETERS FROM ALTERNATE MEMBER TO REGULAR MEMBER OF
THE INSURANCE ADVISORY BOARD TO COMPLETE AN
UNEXPIRED TERM ENDING JUNE 27, 2002; APPOINTING AN
ALTERNATE MEMBER OF THE INSURANCE ADVISORY BOARD
TO COMPLETE AN UNEXPIRED TERM ENDING JUNE 27, 2002;
APPOINTING A CHAIRPERSON TO THE INSURANCE ADVISORY
BOARD TO COMPLETE AN UNEXPIRED TERM ENDING JUNE 27,
2002; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the passing of John Assenzio has created vacancies on the
Insurance Advisory Board, in that Mr. Assenzio served as a regular member and as
Chairperson to the Board; and
WHEREAS, the City Commission is desirous of appointing one (1) regular
member to the Insurance Advisory Board to complete an unexpired term ending
June 27, 2002; and
WHEREAS, in accordance with Sections 2-136 and 2-137 of the
Tamarac Code (attached hereto as Exhibit A) five (5) regular members and two (2)
alternate members of the Insurance Advisory Board shall be appointed by the City
Commission to serve one (1) year terms; and
WHEREAS, in accordance with Section 2-137 of the Tamarac Code, the City
Commission shall appoint a Chairperson for the Insurance Advisory Board; and
WHEREAS, the Interim Risk/Safety Officer and City Manager recommend
approval; and
Temp. Reso. #9638
Page 2
December 11, 2001
Rev. #1 January 9, 2002
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to appoint one (1)
regular member, and a Chairperson to the Insurance Advisory Board to complete
unexpired terms ending June 27, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: That pursuant to Section 2-137 of the Tamarac Code, Ron A.
Peters' status as alternate member of the Insurance Advisory Board is changed to
that of a regular member of the Insurance Advisory Board to complete an unexpired
term ending June 27, 2002, or until such time as reappointments are made.
SECTION 3: That pursuant to Section 2-137 of the Tamarac Code, the
following person is appointed as an alternate member of the Insurance Advisory
Board to complete an unexpired term ending June 27, 2002 or until such time as
reappointments are made:
Eric Sands
SECTION 4: That pursuant to Section 2-137 of the Tamarac Code, the
following person is appointed as Chairperson of the Insurance Advisory Board to
complete an unexpired term ending June 27, 2002:
Dr. John L. Krause
1
1
Temp. Reso. #9638
Page 3
December 11, 2001
Rev. #1 January 9, 2002
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 9t" day of January 2002.
ti
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SW NSON, CMC
CITY CLERK MAYOR SCHREIBER Ayel
DIST 1: COMM. PORTNER &1 er
DIST 2: COMM. MISHKIN A el
I HEREBY CERTIFY that I DIST 3: VIM SULTANOF_A-yei
have approved this DIST 4: COMM. ROBERTS A &
RE80LUTION as to form.
I'fICHELL S. KF
CITY ATTORN
`1 opPrame
Page 1 of 1
DIVISION 4. INSURANCE ADVISORY BOARD*
*Cross reference(s)--Appointed boards, commissions, committees to elect officers, provisions regarding
absenteeism of members, § 2-31; purchasing procedures, § 6-141 et seq.; risk management program, § 2-
341 et seq.
State law reference(s)--Insurance, F.S. § 112.08 et seq.
Sec.2-136. Creation.
There is created and established an insurance advisory board which shall consist of five (5) regular
members and two (2) alternates appointed by the city commission. If a regular member is unable to attend
a meeting of the board, an alternate member may, with the approval of the chairman, take the place of the
regular member at that meeting. For the duration of that meeting, such alternate member shall have all the
rights and duties accorded a regular member.
(Code 1975, § 2-33(a); Ord, No. 94-1, § 2, 1-26-94)
Sec. 2-137. Membership; compensation; chairmen.
The regular and alternate members of the insurance advisory board shall be appointed by the city
commission on an annual basis and serve at the pleasure of the city commission without compensation.
The chairman of the board shall be appointed by the city commission. No regular or alternate member shall
be directly or actively engaged as an employee, officer, board member, consultant or representative of any
organization doing business with the city in the field of insurance.
(Code 1975, § 2-33(c); Ord. No. 94-1, § 3, 1-26-94)
-ro T,11� 963�
http://fws.municode.co.../om_isapi.dll?infobase=10265.nfo&softpage=newtestMainnonFram 12/11/01
"'Im
Florida Department of Transportation
LmL.rnfivPROJECT MANAGEMENT
340D W. Commercial Boulevard
(954) 777-4125 FAX (954) 777-4261 (W) 336-9435
May 15, 2002
Mr. Jeffrey Miller
City Manager
City of Tamarac
6011 Nob Hill Road
Tamarac, FL 33321-2401
Dear Mr. Miller:
Re: LIGHTINQ AQUENE—NT
State Road No.: 870
State Project No.: 86014-3518
Financial Project No.: 228174-1-52-01
F.A.P. No.: N/A
County: Broward
THOMAB R "My.lX
SRCR<rARY
Enclosed is an originally executed Roadway Lighting System Maintenance Agreement
for your use and file.
As you know the City of Tamarac will be responsible for energy costs and maintenance
once the system is accepted from the DOT Contractor.
Thank you for your cooperation in this matter.
AVE:bss
Enclosure
cc: Bernard Freeman, Design; Ellen Daniel, Project Manager; Alaa El-Halwagy,
Resident Engineer; Barbara Ray, Resident Maintenance Engineer; Bob Hepler,
FPL; Bonnie Swierski; File
www.dot.state.fl.us 0 "4cvcfO PO~
STATE OF FLORIDA DEPARTMENT OF TWWSPORTATION 710p1662
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT 1n"°S
Paw 1 at
Financial Pro ect ID:
228174-1-52-01
Federal Project ID: N/A
Work Program Item No. (old):
4111039
1
Coun /Sectlon No: Broward / 52
State Job No. (old):
86014-3518
District Document No:
THIS AGREEMENT, made and entered into this t4 day of A cW , year of 2002 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, here r referred to as the"FOOT', and
the City of Tamarac , hereinafter referred to as the "MAINTAINING AGENCY";
WITNESSETH
WHEREAS, , there exists or Is about to be installed on the state highway system a lighting system more
particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the
"Roadway Lighting System'; and;
WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the
provisions of Rule Chapter 14-46 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting
System;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and
the MAINTAINING AGENCY hereby agree as follows:
1, Maintenance of the Roadway Lighting System
a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System
throughout its expected useful life.
b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities
necessary to keep the Roadway Lighting System fully and properly functioning at all times for its normal
expected useful life in accordance with the original design thereof, whether necessitated by normal wear
and tear, aecktental or intentional damage, or acts of nature. Said maintenance shall include, but shall not
be limited to, routine Inspection and testing, preventative maintenance, emergency maintenance,
replacement of any component parts of the Roadway Lighting System (including the poles and any and all
other component parts Installed as part of the Roadway Lighting System), and the locating of facilities as
may be necessary.
C. All maintenance shall be in accordance with the provisions of the following;
(1) Roadway and Roadside Maintenance Procedure, Topic No. 850400-015;
(2) Manual of Uniform Traffic Control Devices and Safe Procedures for Stnwta and Highway
Construction; and
(3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FOOT
procedures.
2. Operating Coats
In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be
responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of
electrical power consumed by the Roadway Lighting System and all other electrical charges.
Record Keeping
The MAINTAINING AGENCY shall keep records of all activities performed and coats expended pursuant to this
Agreement. The records shall be kept in such format as is approved by the FDOT. All such records shall be
deemed to be public records subject to the provisionn of Chapter 119. Florida Statutes.
7mo-omaS2
LMLrrX:3
msmi
PROM 2d/
4. Default
In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the
following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages:
a. Pursue a claim for damages suffered by the FDOT or the public.
b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on
FDOT property if the breach is material and has not been cured within 60 days from written notice thereof
from FDOT until such time as the breach is cured.
C. Pursue any other remedies legally available.
d. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from
the MAINTAINING AGENCY.
e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING
AGENCY's sole cost and expense.
S. In iamnifkymtion
FOR GOVERNMENT MAINTAINING AGENCY:
To the extent provided by law, the MAINTAINING AGENCY shall indemnity, defend, and hold harmless the FDOT
and all of Its officers, agents, and employees from any claim, loss, damage. cost, charge, or expense arising out of
any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, its agents, employees, or contractors
during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject, except that neither the MAINTAINING AGENCY, Its agents, employees. or
contractors will be liable under this section for damages arising out of the Injury or damage to persons or propwrty
directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during
the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the MAINTAINING
AGENCY In the performance of services required under this Agreement, the FDOT will immediately forward the
claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT will evaluate the claim and
report their findings to each other within fourteen (14) working days and will jointly, discuss options In defending the
claim. Attar reviewing the claim, the FDOT will determine whether to require the participation of the MAINTAINING
AGENCY In the defense of the claim or to require the MAINTAINING AGENCY to defend the FDOT in such claim
as described In this section. The FDOrs failure to notify the MAINTAINING AGENCY of a claim awl rot release
Ow MAINTAINING AGENCY from any of the requirements of this section. The FOOT and the MAINTAINING
AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON -GOVERNMENT MAINTAINING AGENCY:
The MAINTAINING AGENCY shall indemnity, defend, and hold harmless the FDOT and all of Its officers, agents,
and employees from arty claim, loss, damage, cost, charge, or expense arising out of any acts, action, error,
neglect, or omission by the MAINTAINING AGENCY, its agents, employees, or oontnactors during the performance
of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties
may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or contractors will be
Ifable under this section for damages arising out of the injury or damage to persons or property directly caused by
or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the porkaTtance of
this Agreement.
The MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FDO I a option, to
participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related
settlement negotiations, shall arise within fourteen (14) days of receipt by the MAINTAINING AGENCY of the
FDOT's notice of claim for indemnification to the MAINTAINING AGENCY. The notice of claim for k9for nificatlon
shall be served by certified mail, The MAINTAINING AGENCY'e obligation to defend and idemnify within fourteen
(14) days of such notice shall not be excused because of the MAINTAINING AGENCY's Inability to evaluate
liability or because the MAINTAINING AGENCY evaluates liability and deterrnires the MAINTAINING AGENCY is
not liable or determines the FDOT Is solely negligent. Only a final adjudication or judgment finding the FDOT
"sly negligent shall excuse performance of this provision by the MAINTAINING AGENCY. The MAINTAINING
AGENCY shall pay all costs and fees related to this obligation and he snforcoment by the FDOT. The FDO I a
delay in notflyitg the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY of the
above duty to defend.
71"10-a2
urxrrrES
1001
P§W 3 C0 4
Force Majeure
Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other
event beyond the control of the non -performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the parry claiming the excuse from performance has (a) promptly notified
the other party of the occurrence and Its estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
7. Miscellaneous
a. This Agreement constitutes the complete and linal expression of the parties with respell to the subject
matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto,
except that the parties understand and agree that the FDOT has manuals and written policies and
procedures which shall be applicable at the time of the Project and the relocation of the Facilities and
except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility
Wot such a joint agreement exists.
this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals,
policies, and procedures will be provided to the MAINTAINING AGENCY upon request.
b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be
unlawful or unenforceable shall be severable and shall not affect the validity of the refraining provisions
hereof.
C. Time Is of the essence in the performance of all obligations under this Agreement.
d. All notices required pursuant to the terns hereof may be sent by first class United Stag Mail. facsimile
transmission, hand delivery, or express mail and shall be deemed to have been received by the and of On
business days from the proper sending thereof uniess proof of prior actual receipt Is provided. The
MAINTAINING AGENCY shall have a continuing obligation to notify each District ol the FDOT of the
appropriate persona for notices to be sent pursuant to this Agreement. Unless otherwise notified to writing,
notices shall be sent to the following addresses:
If to the MAINTAINING AGENCY:
1.. .a.�.. 1 ___�_�1 ar ..1v ■minor f A P_ttt1V fD ItCfle re itorrney
.v �. ..n..v. .. _. ...... Mitchell S.
7525 NW 88th Avenue Tamarac Florida 3=1
If to the FDOT:
Aloe EJ-Hatwagy
FMWRRWFn-0rnear
venue I -on Laud6rdale, Flonda-Z!3309
e. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid an a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the consbi ction or repair of a public building or public work, may not submit bids an leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with anyic amity In
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORYTWO for a
period of 36 months from the date of being placed on the convicted vendor Ilst.
f. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a owbad with a
public entity for the construction or repair of a public building or public work, may not submit bids on bases
of real property to a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or conaultant under a contract with any public entity, and may not bwfettd business with
any public entity.
a. Certification
This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the
MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix
entitled 'Changes To Form Document" and no change is made in the text of the document itself. Hand notations
on affected portions of this document may refer to changes reflected in the above -named Appendix but are for
reference purposes only and do not change the terms of the document. By signing this document, the
MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except
through the terms of the Appendix entitled 'Changes To Form Document."
You MUST signify by selecting or checking which of the following applies:
No changes have been made to this Forms Document and no Appendix entitled 'Changes To Form
Document" is attached.
Q No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled 'Changes to Forms Document.'
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
MAINTAINING AGENCY
BY: (Signature) ATT T. �L� DATE: 4-22S-02.
(Typed Name: � Joe Schreiber _ Jeffrey L. Miller
BY:
(Typed Title: Mayor CitX Manager
(Typed
FDOT Legal Review
BY: (Signature) �
by the Dl�ltel�t Utility Office
S
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORT WON.
BY: (Signature)
(Typed Name: RICK CFESSER
(Typed Title: )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: (Signature)
(Typed Name:
Ns=
DATE:
DATE:
DATE: r /4 dZ
DATE:
EXHIBIT A
The Maintaining Agency will maintain the roadway lighting along Commercial Boulevard (S.R.
870) from Sta. 68+42.00 (Florida's Turnpike) to Sta. 152+10 (N.W. 31b1 Avenue), from the
existing light pole immediately adjacent to A-1-1 to the existing light pole immediately adjacent
to A-11-50, as depicted on the lighting plans for Financial Project No. 228174-1-52-01.
P.V 40T PAWbit A_0ty of T w w Ughdng Msinlc a cc Ag=MMLdae
CHANGES TO FORMS DOCUMENTS
TO
ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT
FOR CITY OF TAMARAC PUBLIC WORKS DEPARTMENT
Part 5 is modified by the following:
"Notwithstanding anything contained within paragraph 5 to the contrary,
MAINTAINING AGENCY does not waive sovereign immunity, and recovery shall be
limited to the amounts provided in Section 768.28, Florida Statutes."
P10 4Xr/9 0myn to Penn Dwommts City of Tamum U#Wng Maiattmanu arrftnmt.dw