HomeMy WebLinkAboutCity of Tamarac Resolution (218)Temp Reso. # 9830
August 7, 2002
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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.
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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 ".
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Temp Reso. # 9830
August 7, 2002
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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.
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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
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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
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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
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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.
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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,
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"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
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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.
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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.
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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.
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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
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Y/
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City A rney
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