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HomeMy WebLinkAboutCity of Tamarac Resolution (172)n June 26, 2002 — Temp. Reso. 9783 Page 1 of 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-172 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA,,4PPROVING THE CONSTRUCTION OF A SIDEWALK ON NW 64 "AVENUE NORTH OF NW 57T" STREET TO THE CITY LIMIT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTER -LOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF NORTH LAUDERDALE FOR THE CONSTRUCTION OF A SIDEWALK ALONG NW 64T" AVENUE; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $26,666; AUTHORIZING A BUDGET TRANSFER WITHIN THE STREET IMPROVEMENT CONSTRUCTION FUND IN THE AMOUNT OF $26,666; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A HOLD HARMLESS AGREEMENT WITH COLONNA CONSTRUCTION COMPANY, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide adequate pedestrian facilities to enhance safety throughout the City; and WHEREAS, due to the inter -jurisdictional nature of this construction, it is necessary to enter into an inter -local agreement with the City of North Lauderdale; and WHEREAS, no sidewalk exists on NW 64th Avenue, north of NW 57th Street to the City limit; and WHEREAS, the City of North Lauderdale approached the City of Tamarac to jointly participate in the construction of this sidewalk and share pro -rated expenses; and WHEREAS, the design of this sidewalk has been completed and ready for construction; and June 26, 2002 — Temp. Reso. 9783 Page 2 of 2 WHEREAS, the City of North Lauderdale invited competitive bids for the construction of this project and awarded bid no. 00-12-231 to Colonna Construction Company, Inc. through resolution number 01-01.4108; and WHEREAS, the City of North Lauderdale will be responsible for the management of this project; and WHEREAS, in order to construct this sidewalk, it is necessary to effect a budget transfer in the amount of $26,666 within the street improvement construction fund; and WHEREAS, Colonna Construction Company Inc., executed an agreement with the City of Tamarac, attached hereto as Exhibit "B", for the purpose of providing indemnification and other warranties and assurances to the City of Tamarac for work to be performed within the City of Tamarac corporate limits; and WHEREAS, it is the recommendation of the Director of Public Works and the Assistant City Engineer that the City of Tamarac enter into this inter -local agreement; 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 enter into this inter - local agreement for the construction of a sidewalk along NW 64t" Avenue. 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. 1 1 �J June 26, 2002 -- Temp. Reso. 9783 Page 3 of 3 SECTION 2: The construction of a sidewalk on NW 64th Avenue, north of NW 57th Street to the City limit is hereby approved. SECTION 3: The appropriate City officials are hereby authorized to execute the Agreement between the City of Tamarac and the City of North Lauderdale for the construction of a sidewalk on NW 641h Avenue, attached hereto as Exhibit "A". SECTION 4: A budget transfer in the amount not to exceed $26,666 within the street improvement construction fund is hereby authorized for the construction of a sidewalk on NW 64th Avenue. SECTION 5: The appropriate City officials are hereby authorized to execute an Agreement, attached hereto as Exhibit "B", between the City of Tamarac and Colonna Construction Company, Inc. providing indemnification and other warranties and assurances to the City of Tamarac for work to be performed within the City of Tamarac corporate limits. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 8 passage and adoption. June 26, 2002 — Temp. Reso. 9783 Page 4 of 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 26th day of June 2002. ATTEST: ),X 9 / MARI, SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to foffb. MITCHELL#. KRAFT CITY AT 0RNEY j 1 - JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE 1 4,0R9D Jeffrey L. Miller City Manager City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 • Facsimile (954) 724-2454 July 8, 2002 jeffm@tamorac.org Mr. Mike Shields Director of Public Works/Utilities City of North Lauderdale 701 Southwest 71 st Avenue North Lauderdale, FL 33068-2395 Dear Mr. Shields: I am pleased to advise you that at its meeting on June 26, 2002, the City of Tamarac Commission approved a resolution approving the construction of a sidewalk on NW 64t" Avenue north of NW 57t" Street to the City Limit, authorizing the appropriate City officials to execute an Inter -Local Agreement between the City of Tamarac and the City of North Lauderdale for the construction of a sidewalk along NW 64t" Avenue, and authorizing an expenditure in an amount not to exceed $26,666. Enclosed is a copy of the approved resolution for your records. The City has enjoyed working with you on this project. If you have any questions or you need additional information, please feel free to contact Mauro Burgio, Assistant City Engineer, at (954) 724-2449. Sincerely, C , 1'7Ul,% Je rey L. Miller City Manager M B/bj r/TR9783 Enclosure c: Mr. Mauro Burgio, Assistant City Engineer Mr. Raj Verma, Director of Public Works Mrs. Marion Swenson, City Clerk Equal Opportunity Employer f YJUr-17-O2 O2:16PM FROM- +9649549944 T-846 P-02/O6 F-546 ' EXHIBIT "B" ` CITY OF TAMARAC AGREEMENT Temp. Reso. #9783 Page 1 of 5 THIS AGREEMENT is made and entered into by and between the City of Tamarac, a munlclpal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City"), and _Qgi nna ofl,@tlUglioo-.Qg. IEa.PY. Inc- ,a F12ddo corporation with principal offioas located at S. aw9&e..Roaa. $Witit 110,r] 33442 (the -Contractor') to provide warranties, hold harmless, and indemnification of City in conjunction with North Lauderdale Bid Number 00-12-231. Whereas, the City of North Lauderdale approached the City of Tamarac to jointly participate in the construction of a sidewalk on NW 80 Avenue, from NW 570 Streetto the northem City limit, and share pro -rated expenses; and Whereas, the City of North Lauderdale invited competitive bids of the construction of this project and awarded bid number 00-12 231 to Colonna Construction Inc. through North Lauderdale resolution number 01-01.4108,1 and Whereas, the City of Tamarac will reimburse the City of North Lauderdale for the portion of the construction work that will take place within the corporate limits of the City of Tamarac; and vvner®as, Lity wur not oe a parry w the contract 'tmween the Cloyof North Lauderdale and the Contractor however, City requires indemnification by Contractor and Whereat, City and Contractor wish to enter into an agrsemant for the purpose of providin0 indemnification and other warranties and assurances by Contractor to City for work to be performed by Contractor within the City of Tamarac Corporate Limits, and Now therefore. in consideration of the mutual covenants hereinafter set forth, and the additional consideration of Ten Dollars (610,O0), the receipt and sufficiency of which is acknowledged by the parties, City and Contractor agree as follows: 1) The Contract Documents The City and Contractor agree to the terms set forth in City of North Lauderdale Bid number 00-12-231 for the construction of sidewalks, as they apply to and btnd the City of North Lauderdale and Contractor. 2) The Work The Contractor shall perform all worts required by City of North Lauderdale Bid number 00-12.2.31, hereinafter referred to as the "work". 11 e..aQ-0 0 ! JUV-I?-02 0208PM FW +6540540544 T-046 P•03/08 F-548 EXHIBIT "B" 3) insurance Temp. Reso. #9783 Contractor shall obtain at Contractors expense all necessary insurance in such rrm2 of 5 and amount as required by the City's Risk Manager before beginning work, including, but not limited to, Workmen's Compensation Insurance, Unemployment Insurance, Contractor's Liability insurance, and all other insurance required by law. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certifioates of all insurances required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such Insurance. Contractor's Liability Insurance policies shall be endorsed to add the City ee an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of the work. in the avant that defect occurs during this time, Contractor shall perform srioh stOrA ass mAy hA rngiiIrnd to rRmfidys�ain riMA(Sk tin the Wildam. Inn of City, Contractor shall be responsible for any damages caused by defect t 6 affected area or to interior of structure. 5) Indornrfiiicatian The :Contractor shall indemnify and hold harmless the,Clty; its:elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and exOnsee`(inoluding attomeyW fees) in connection with loss of Ids, bodily or pe onai injury, or property damage, Including loss of use thereof, directly or, indirectly caused by, resulting ,,from, adsing: out of or occurring in connection with the operations 'of the Cortitmetor or, its officers employees, agents, subcontractors, or Independent contractors excepting only "such ,damage'solely s tdbutable to the negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed, to waive CI "e rights and immunlitiess under the be mrnon law or Florida Statutes 768.28, as amended frtrnt time to lime. 8) Independent Contractor El rur-17-02 MOM FROM- .. .. +0548848644 T-846 P.04/06 F-548 7) Notlee Temp. Reso. #9783 Page 3 of 5 Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. rolliki City Manager City of Tamarac 7523 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force, The venue for actions arising out of this Agreement is fixed in Broward County, F, tarid+e. 9) 619n�Adthorfty' " The Gontractor shell provide the City with copies of requisite documentation evidenolrig'that the silgnatory for Contractor has the authority to enter into this Agreement. 10) severnwilty;'Waiver of Provisions Any ,provisiovin this Agreement that is prohibited or unenforceable In any Jurisdiction shall, as to such Jurisdiction, be ineffective to the extent of such prohibition or unenforpeabllltywlthout Invalidating the remaining provisions here$or affecting the validity or enfo teabiiity of such ptovisions"In any other junsdiotion.' The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of thia Agreement. C 4LIV-18-02 02:8.PM FROM- +9546540544 T-848 PAZ F-554 EXHIBIT "B" 11) Merger; Amendment Temp. Reso. #9783 Page 4 of 5 This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement may be supplemented and/or amended only by a writer document executed by both the Contractor and the Clty. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Q210na Coxistr • i c. , signing by and through Its _ President , duly authorized to execute the same. CI CF TA RA? J Schreiber, Mayor Date• Date: ATTEST: rate Secretary Type/Print Name of'Corporste Sec. (i✓ORk RATE` SEAL) , 4 ._ . JLIN-17-02 MAN FROM- +8648640544 T-846 P-06/08 F-R8 EXHIBIT "B" Temp. Reso. #9783 STATE OF 1 Page 5 of 5 COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this -P° day of J c 200.2 , by L- �- in �� ou , personally known to me or have produced 1 as Identfficadon. NOTARY PU®L1 Printffype Name: asp My Commission Expires: P �srr'��yn,ry pzk xce r'srF �'+'�+-rraD�MtNNN �'Z�P lnjt3 � 1'iDi�f11M1� M,�"r►S9� nwl�� �rawlt Mllrr� .ant .,n�+l �111b1 a1M�pA .»... EXHIBIT "A" Temp. Reso. #9783 Page 3 of 12 INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC TO PROVIDE FOR THE INSTALLATION OF A CONCRETE SIDEWALK ON SOUTHWEST 81' AVENUE/NORTHWEST 64TH AVENUE THIS AGREEMENT, made and entered into on the day of I/ Ne-- 2002 by and between: CITY OF NORTH LAUDERDALE, FLORIDA a Florida municipal corporation 701 S.W. 71" Avenue North Lauderdale, Florida 33068 (hereinafter referred to as "NORTH LAUDERDALE") CITY OF TAMARAC, FLORIDA a Florida municipal corporation 7525 N.W. 88tt' Avenue Tamarac, Florida 33321 (hereinafter referred to as "TAMARAC") WITNESSETH: WHEREAS, NORTH LAUDERDALE AND TAMARAC (the "Cities") desire to install a continuous sidewalk along Southwest 81Gt Avenue in NORTH LAUDERDALE and continuing along Northwest 60' Avenue in TAN ARAC (the "sidewalk"); and WHEREAS, the parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the Cities to share in the cost of design, curbing, clearing, grading, and construction of the sidewalk (the "Project"); and WHEREAS, the parties are entering into this Agreement solely for the purpose of constructing the sidewalk, and the parties acknowledge that following completion of construction, both parties shall own that portion of the sidewalk located within their municipal limits, and shall only be responsible for the maintenance and liabilities associated with the sidewalk located within their municipality, or as each City's municipal Code applies; and WHEREAS, NORTH LAUDERDALE and TAMARAC have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Page I of 10 SSG:DNT;dnt C:\DOCUNE—I\nishields\LOCALS—I\Temp\ILA Tamarac Sidewalk Construct.ion.doc EXHIBIT "A" Temp. Reso. #9783 Page 4 of 12 Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Seventeenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, NORTH LAUDERDALE hereby represents to TAMARAC that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, TAMARAC hereby represents to NORTH LAUDERDALE that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. The above recitals are true and correct and are incorporated herein Section 2. TERM OF AGREEMENT 2.01 This agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 At the conclusion of the Project, the parties acknowledge and agree that each municipality shall only be responsible for the maintenance and liability associated with the sidewalk located within their municipality. Page 2 of 10 SSG:DNT;dnt C:\DOCiJME—I\mshields�LOCALS—I\Temp\ILA Tamarac Sidewalk Construction. doc EXHIBIT "A" Temp. Reso. #9783 Page 5 of 12 Section 3. COMPENSATION 3.01 The Parties agree that the cost for the Project shall be shared by the parties on a unit price basis of the length of sidewalk, which is constructed within their respective municipal boundaries. The cost of the project includes all architectural, engineering, construction, and consulting fees associated with the planning, construction, and completion of the Project. The estimated maximum quantities and cost are as follows: North Lauderdale 1) 6" Concrete sidewalk w/sub-grade as per plans. Quantity: 5960 SF @ $3.25/SF $19,370.00 2) Curb and gutter Type "F" Quantity: 72 LF @ $28.00/LF $ 2,016.00 3) Engineering and Design $ 3,750.00 Sub -Total $25,136.00 Tamarac 1) 6" Concrete sidewalk w/sub-grade as per plans Quantity: 4150 SF @ $3.25/SF $13,487.50 2) Curb and gutter Type "F" w/flumes Quantity: 176 LF @ $28.00/LF $ 4,928.00 3) Landscape removal with stump grinding $ 4,500.00 4) Engineering and Design $ 3,750.00 Sub -Total $26,665.50 Total Cost of .lob $51,801.50 3.02 The Parties acknowledge that the estimated footage of sidewalk to be constructed in North Lauderdale is One Thousand One Hundred Ninety (1190) feet, and the estimated footage of sidewalk to be constructed in Tamarac is Eight Hundred Ten (810) feet. 3.02 Upon completion of the Project within the TAMARAC municipal limits, TAMARAC shall pay NORTH LAUDERDALE the cost of constructing the sidewalk within the TAMARAC municipal limits within 21 days of receipt of an invoice and supporting documentation from NORTH LAUDERDALE. Said payment will be made payable to the City of North Lauderdale and mailed to Attn: Finance Department, City of North Lauderdale, 301 Southwest 71" Avenue, North Lauderdale, Florida 33068. 3.03 Should TAMARAC fail to make any payment on time, the CITY will be paid interest equivalent to twelve (12%) per annum, to accrue on a monthly basis. Page 3 of 10 SSG:DNT;dnt C:\DOCUME—I\msluelds\LOCALS—l\Temp\ILA Tamarac Sidewalk Construction. doc EXHIBIT "A" Temp. Reso. #9783 Page 6 of 12 Section 4. DUTIES AND RESPONSIBILITIES OF NORTH LAUDERDALE 4.01 NORTH LAUDERDALE shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the contract. 4.02 NORTH LAUDERDALE will make available appropriate staff to work with TAMARAC staff when planning and constructing the portion of the Project within the TAMARAC municipal limits. Section S. DUTIES AND RESPONSIBILITIES OF TAMARAC 5.01 TAMARAC shall provide NORTH LAUDERDALE access to its Engineering and Public Works Department staff on an as needed basis, in accordance with the remainder of this Section. 5.02 TAMARAC grants access to the public right-of-way of NW 64 Avenue unto NORTH LAUDERDALE, its representatives, contractors, and employees, for purposes of constructing the sidewalk within the TAMARAC municipal limits. 5.03 When requested, TAMARAC shall provide NORTH LAUDERDALE with documentation, including, but not limited to maps, surveys, and photographs regarding municipal and non -municipal facilities located within the Project area within the Tamarac municipal limits. 5.04 When requested, TAMARAC shall provide assistance to NORTH LAUDERDALE to obtain any required easements needed for either the construction of the Project, or the installation of the sidewalk within the TAMARAC municipal limits. Page 4 of 10 SSG:DNT;dnt CADocuments and Settings\naurob\Desktop\ILA Tamarac Sidewalk Construction.doc EXHIBIT "A" Temp. Reso. #9783 Page 7 of 12 Section 6. INDEMNIFICATION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 NORTH LAUDERDALE is a municipal agency as defined in §768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law while they are employed by the City of North Lauderdale. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. 6.02 TAMARAC is a municipal agency as defined in §768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent pennitted by law while they are employed by the City of Tamarac. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third Parties in any matter arising out of this Agreement. 6.03 NORTH LAUDERDALE is a state agency as defined by §768.28, Florida Statutes. NORTH LAUDERDALE shall furnish TAMARAC with written verification of liability protection in accordance with state law prior to or at the time of execution of this Agreement. 6.04 TAMARAC is a state agency as defined by §768.28, Florida Statutes. TAMARAC shall furrush NORTH LAUDERDALE with written verification of liability protection in accordance with state law prior to or at the time of execution of this Agreement. Section 7. RECORDS 7.01 TAMARAC and NORTH LAUDERDALE shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. Section 8. ASSIGNMENT 8.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Page 5 of 10 SSG:DNT;dnt C:\DOCUME-1\xnshields\LOCALS-- I\Temp\ILA Tamarac Sidewalk Construction. doc EXHIBIT "A" Temp. Reso. #9783 Page 8 of 12 Section 9. TERMINATION/DEFAULT 9.01 Prior to the NORTH LAUDERDALE City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice. 9.02 1f either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 10. COMPLIANCE WITH LAWS 10.01 NORTH LAUDERDALE and TAMARAC shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. SectionIt. VENUE, ATTORNEYS FEES, AND COSTS 11.01 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 11..02 If either party is required to employ the services of an attorney to resolve any dispute or disagreement arising directly or indirectly from or under this Agreement, to enforce any of the terms, provisions, covenants or conditions of this Agreement, or remedy any breach of this Agreement, the prevailing party shall be entitled to recover from the other party the prevailing party's attorney°s & fees charged for such services. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 13. ENTIRE AGREEMENT Page 6 of 10 SSG:DNT;dnt C:\DOCUME-1\tnshields\LOCALS—I\Temp\ILA Tamarac Sidewalk Construction. doc EXHIBIT "A" Temp. Reso. #9783 Page 9 of 12 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: NORTIf LAUDERDALE: Mike Shields Public Works Director City of North Lauderdale 701 SW 7Vt Avenue North Lauderdale, FL 33068 Telephone (954) 724-7039 Facsimile (954) 720-2064 TAMARAC: Raj Verma, P.E. (Name) Public Works Director/ (Title) City of Tamarac City Engineer 7525 N.W. 88t" Avenue Tamarac, Fl. 33321 Telephone (954) 972-1230 Facsimile (954) Section 16. NOTICES 16.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. Page 7 of 10 S SG:DNT;dnt C:\DOCUME-1\mshields\LOCALS-1\Temp\ILA Tamarac Sidewalk Construction. doe EXHIBIT "A" Temp. Reso. #9783 Page 10 of 12 NORTH LAUDERDALE: Mark Bates, City Manager City of North Lauderdale 701 S.W. 71st Avenue North Lauderdale, Florida 33068 Copy To: Samuel S. Goren, Office of the 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 TAMARA.C: Raj Verma, P.E. (Name) Public Works Director/ (Title) City of Tamarac City Engineer 7525 N.W. 88t" Avenue Tamarac, Florida, 33321 Copy To: Mitchell S. Kraft, Esq. Office of the City Attorney 7525 NW 884 Avenue Tamarac, Florida 33321 Telephone No. (954) 724-1420 Facsimile No. (954) 724-1370 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 8 of 10 SSG:DNT;dnt C:\DOCUME--I\Xnsl►ields\LOCALS—I\Temp\ELA Tamarac Sidewalk Construction. doc EXHIBIT "A" Temp. Reso. #9783 Page 11 of 12 IN WITNESS WHEREOF, the CITY OF NORTH LAUDERDALE and the CITY OF TAMARAC have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF NORTH LAUDERDALE a municipal corporation organized and existing under the laws of the State of Florida B JACK BRADY, Mayor ATTEST: Milli er CMC, City. erk Apprpjed as to form City Attorney State of Florida County of Broward The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the day o2002, by Milli Dyer and Jack Brady, City Clerk and Mayor, respectively. w= ABER Notary Public State r-ynsrs NOTARY PUBLIC SEAL OF OFFICE Printed, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known: no identification produced CITY OF TAMARAC a municipal corporation organized and existing under the laws of the State of Florida By: �... Joe Schreiber, Mayor Page 9 of 10 / SSG:DNT-dnt C:\DOCUIv1E-1\tnsliields\LOCALS—I\Temp\ILA Tamarac Sidewalk Constniction.doc EXHIBIT "A" Temp. Reso. #9783 Page 12 of 12 ATTEST: Jeffrey L. Miller, tiFy anager ATTEST: Marion Swenson, City Clerk tin State of Florida County of Broward The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the .� day of �� 2002, by Marion Swenson, and Joe Schreiber, City Clerk and Mayor, respectively. a, ab& Notary P lic State of Florida OFFICIAL NOrARYSEAL NOTARY PUBLIC JUNEAVO-OTE SEAL OF OFFICE NOTARY PUBLIC SrATE OF FLORWA COMMISSION NO. CC773720 MY COMMISSION EXP. SFPT 152002 Printed, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known: no identification produced Page 10 of 10 SSG:DNT;dnt C:\DOCUME--1\mshields\LOCALS-1\Temp\ILA Tamarac Sidewalk Construction.doc.