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HomeMy WebLinkAboutCity of Tamarac Resolution (218)Temp Reso. # 9830 August 7, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-218 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE REMOVAL OF SIX (6) EXISTING STREET LIGHTS ALONG PINE ISLAND ROAD FROM COMMERCIAL BOULEVARD NORTH APPROXIMATELY ONE THOUSAND SIX HUNDRED (1,600) FEET; AUTHORIZING THE INSTALLATION OF ELEVEN (11) STREET LIGHTS IN THE SAME LOCATION BY BROWARD COUNTY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH BROWARD COUNTY ASSIGNING MAINTENANCE OF SAID STREET LIGHTS TO THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Works Department currently maintains approximately one hundred and thirty (130) street lights within the City of Tamarac; and WHEREAS, Broward County has proposed the upgrade of street lights located on Pine Island Road from Commercial Boulevard north approximately one thousand six hundred (1,600) feet as part of their Pine Island Improvement Project at no expense to the City; and WHEREAS, Broward County has proposed that the City of Tamarac assume maintenance responsibilities of the aforementioned street lights; and WHEREAS, the City of Tamarac has routinely accepted maintenance of street lights in conjunction with Broward County or Florida Department of Transportation improvement projects within the City limits; and WHEREAS, the City of Tamarac currently maintains six (6) street lights in this same location and the acceptance of this agreement would allow for the replacement of these existing street lights as well as the addition of five (5) more for a total of eleven (11); and Temp Reso. # 9830 August 7, 2002 Page 2 WHEREAS, energy required to operate these eleven (11) street lights would result in an additional annual expense in the amount of approximately $200; and WHEREAS, annual funding in the amount of $200 exists in the general fund account entitled "Electricity -Streets" for said purpose; and WHEREAS, funds exist in the Public Works budget for the maintenance of these street lights which will be performed on an as needed basis; and WHEREAS, The Director of Public Works recommends executing the agreement with Broward County to maintain the proposed eleven (11) street lights; 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 have the aforementioned street lights transferred from Broward County to the City of Tamarac. 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. SECTION 2: The removal by Florida Power and Light of six (6) existing street lights along Pine Island Road from Commercial Boulevard north approximately one thousand six hundred (1,600) feet is HEREBY approved. SECTION 3: The installation of eleven (11) street lights in the same location by Broward County is HEREBY approved. i SECTION 4: The appropriate City officials are HEREBY authorized to execute the "Agreement between Broward County and City of Tamarac for Trafficway Illumination for Pine Island Road from Commercial Boulevard to Approximately 1600 Feet North" with Broward County, hereto attached as Exhibit 1 ". 1 1 1 1 Temp Reso. # 9830 August 7, 2002 Page 3 SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 28th day of August, 2002. /_11aIX39 } MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S. KF CITY ATTORN JCYSEPH 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 ABSENT 9 v t AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD FROM COMMERCIAL BOULEVARD TO APPROXIMATELY 1600 FEET NORTH Project No. 5121 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD FROM COMMERCIAL BOULEVARD TO APPROXIMATELY 1600 FEET NORTH Project No. 5121 This is an Agreement made and entered into by and between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, I_ likq CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WITNESSETH: WHEREAS, Pine Island Road from Commercial Boulevard north approximately 1600 feet, is a public trafficway (hereinafter referred to as the "Trafficway") located within the municipal boundaries of MUNICIPALITY and classified as a county road; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to illuminate the trafficway by installation and maintenance of lighting systems; and WHEREAS, MUNICIPALITYhas expressed its desire to undertake the maintenance responsibilities of the illumination of the Trafficway; and 0&WHEREAS MUNICIPALITY, by resolution of its governing body adopted on the - CQ -day of G20, has approved this illumination of the trafficway 1 with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEF3,EAS, COUNTY, by action of its Board of County Commissioners on the 2 day of 201PP—, has likewise approved the this illumination of the trafficway Ah MUNICIPALITY and has authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement: "Agreement" shall mean this document, Articles 1 through 9, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board: "Board" shall mean the Broward County Board of County Commissioners. 1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County Administrator, the Director of Public Works, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with MUNICIPALITY and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services. 1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political subdivision of the state of Florida. 1.5 County Attorney: "County Attorney" shall mean the chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.6 MUNICIPALITY: "MUNICIPALITY" shall mean the City of TAMARAC. ARTICLE 2 - SCOPE OF SERVICES 2.1 COUNTY shall prepare, or cause to be prepared, sodium vapor design plans and specifications for the illumination of the Trafficway. Such plans and specifications shall be reviewed and approved by the Contract Administrator and a representative of 1► MUNICIPALITY and shall substantially conform to the Standard Specifications for Highway Lighting established by the Florida Department of Transportation. 2.2 In accordance with the approved design plans and specifications, COUNTY shall install, or cause to be installed, a lighting system along the Trafficway. Following installation, COUNTY shall provide to MUNICIPALITY the design plans, specifications and warranties, if any. 2.3 MUNICIPALITY shall immediately take all necessary steps to properly establish an electrical energy account with the MUNICIPALITY's electrical energy supplier for the lighting system and shall agree to pay all electrical energy charges prior to and after the initial energizing of the lighting system. 2.4 MUNICIPALITY shall maintain the lighting system along the Trafficway in accordance with the approved design plans and specifications and in substantial conformance with the Standard Specifications for Highway Lighting adopted by the Florida Departmentof Transportation. As part of such maintenance responsibility, MUNICIPALITY shall keep in good repair, and replace, defective or worn out lighting system parts and equipment which system parts and equipment shall include, but not be limited to, poles, luminaries, and circuitry. MUNICIPALITY'S responsibility to keep the system, in good repair shall include all necessary maintenance, repair and replacement of any type or nature, including, but not limited to, maintenance, repair and replacement due to normal wear and tear, acts of God, vandalism and accidents. 2.5 COUNTY and MUNICIPALITY agree and understand that the lighting system, so installed, shall remain the property of COUNTY after installation and shall not be moved or relocated without the express written consent of the Contract Administrator, and that this Agreement shall not affect COUNTY's responsibility for installation and maintenance of traffic control signals and devices along the Trafficway. 2.6 There currently exists lighting along a portion of the Trafficway. MUNICIPALITY shall be responsible for gaining the approval of Florida Power and Light for the removal of this lighting. Thereafter, COUNTY will coordinate the removal of that lighting system with Florida Power and Light. ARTICLE 3 - COSTS 3.1 COUNTY shall be responsible for all costs associated with Sections 2.1. and 2.2, during the term of this Agreement, except as otherwise specifically set forth herein. 3.2 MUNICIPALITY shall be responsible for all costs associated with Section 2.3 and 2.4, during the term of this Agreement. W ARTICLE 4 - TERM AND TERMINATION 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall terminate as provided for by Sections 4.2 through 4.6 herein below. 4.2 This Agreement may be terminated for cause by COUNTY, through action of the Board, or by MUNICIPALITY, upon a thirty (30) day written notice given by the terminating party to the other party setting forth the breach. If MUNICIPALITY, or COUNTY, corrects the breach within thirty (30) days after written notice of same, to the satisfaction of the terminating party, the Agreement shall remain in full force and effect. If such breach is not corrected and improved within thirty (30) days of receipt of notice of breach, the terminating party may terminate the Agreement. Specifically in the case of MUNICIPALITY's requirement between Northwest 261h Street and Oakland Park Boulevard to maintain the illuminated Trafficway and/or to maintain the beautified Trafficway COUNTY, at the option of the Contract Administrator, may cause such breach to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement or terminate this Agreement. If COUNTY opts to correct and improve the breach and bill MUNICIPALITY for same, MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's receipt thereof. 4.3 Termination of this Agreement for cause shall include, but not be limited to, failure of the parties to suitably perform the services required by Article 2 herein, and failure of the parties to continuously perform the services required by the terms and conditions of this Agreement in a manner calculated to meet or accomplish the objectives set forth herein, notwithstanding whether any such breach was previously waived or cured. 4.4 This Agreement may be terminated for convenience by either party upon a thirty (30) day written notice given by the terminating party to the other party. This Agreement may also be terminated by COUNTY's Contract Administrator upon such notice as Contract Administrator deems appropriate in the event that the Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 4.5 In the event this Agreement is terminated for convenience, upon being notified of election to terminate, the parties shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right to terminate this Agreement for convenience. 4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES," herein except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 6, 51 "NOTICES," herein. ARTICLE 5 - CHANGES IN SCOPE OF SERVICES Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.11 below. ARTICLE 6 - NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Director Engineering Division One University Drive Plantation, Florida 33317 FOR MUNICIPALITY: City of Tamarac 6011 Nob Hill Road Tamarac, Florida 33321 ARTICLE 7 - INDEMNIFICATION MUNICIPALITY is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its 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 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. ARTICLE 8 - INSURANCE The parties hereto acknowledge that MUNICIPALITY is a self -insured governmental entity subject to the limitations of Section 768.28, Florida Statutes. The MUNICIPALITY 5 shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. ARTICLE 9 - MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by MUNICIPALITY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by MUNICIPALITY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. 9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, MUNICIPALITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16'/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16'/2) in performing any services pursuant to this Agreement. 9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends to directly or substantially benefit a 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 of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. [:1 9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, unless permitted herein, MUNICIPALITY shall not subcontract any portion of the work required by this Agreement. MUNICIPALITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction. MUNICIPALITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of MUNICIPALITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY 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. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.6 COMPLIANCE WITH LAWS. MUNICIPALITY 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. 9.7 SEVERANCE. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9.8 JOINT PREPARATION. The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 7 9.10 APPLICABLE LAW AND VENUE. Any controversies or legal problems arising out of this transaction and this Lease and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. 9.11 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and MUNICIPALITY. 9.12 PRIOR AGREEMENTS. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 9.11 above. 9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. Any attached exhibits are incorporated into and made a part of this Agreement. 9.14 MULTIPLE ORIGINALS, This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. THIS SPACE INTENTIONALLY LEFT BLANK. .01 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the day of , 20 , and CITY OF TAMARAC, signing by and through its duly authorized to execute same. ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County By Commissioners of Broward County, Florida N Chair day of , 20 Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 :A Pamela M. Kane Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD FROM COMMERCIAL BOULEVARD NORTH 1600 FEET WITNESSES: ATTEST: City Clerk (CORPORATE SEAL) PMK July 29, 2002 H:\DATA\DI V2\PMK\PM K02\Agree\Tamarac) ILa01.wpd CITY OF TAMARAC By Mayor -Commissioner 1 day of 20� Ity Manager . ,b Y/ y ZY (dZ City A rney 10