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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-015Temp. Reso. #9195 1 October 23, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE FUNDING OF UTILITY IMPROVEMENTS ALONG NW 447H STREET IN THE CITY OF LAUDERHILL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR -AN EFFECTIVE DATE. WHEREAS, Broward County plans to begin construction on NW 44t" Street from 0 Inverrary Boulevard West to Rock Island Road in the City of Lauderhill; and WHEREAS, Broward County plans to solicit bids for the project in accordance with County procedures; and WHEREAS, the City of Tamarac desires to construct utility improvements in the form of a 12-inch water line within the boundaries of the project; and WHEREAS, the City of Tamarac has requested that Broward County include the utility improvements in its bid solicitation for the project; and WHEREAS, the City of Tamarac has agreed to fund the cost for construction, inspection and testing of the utility improvements; and 0 Temp. Reso. #9195 2 October 23, 2000 WHEREAS, the City of Tamarac has sufficient funds in the appropriate Utilities operational account to fund the cost for construction, inspection and testing of the utility improvements; and WHEREAS, the City of Tamarac has prepared plans and technical specification for the utility improvements along NW 44th Street from 64" Avenue to the existing 12- inch water line located along 44th Street near the emergency entrance to the Woodland Golf Course maintenance facility; and WHEREAS, an Agreement was executed with Broward County for the construction of a 12-inch water line along NW 44th Street; and WHEREAS, in October, 2000, the County requested a First Amendment to the executed agreement be executed as per Exhibit 1 attached hereto; and • WHEREAS, the purpose of the amendment is to eliminate clause 7.2 of the executed agreement which included a requirement to indemnify the City of Tamarac; and WHEREAS, the amendment is required due to a recent revision to Florida Statutes 725.06; and WHEREAS, it is the recommendation of the Director of Utilities that the First Amendment to the Agreement (a copy of which is attached hereto as "Exhibit 2") be accepted and executed; 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 authorize the 0 Temp. Reso. #9195 3 0 October 23, 2000 appropriate City Officials to accept and execute a First Amendment to the Agreement with Broward County for the construction of a 12-inch water line along NW 441" Street as part of the County's NW 44' Street Roadway Widening Project. 11 0 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 appropriate City Officials are hereby authorized to accept and execute a First Amendment to the Agreement between Broward County and the City of Tamarac regarding the funding of Utility Improvements along NW 44t" Street in the City of Lauderhill. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: passage and adoption. Temp. Reso. #9195 4 October 23, 2000 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 241" day of January 24, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to 74- MITCHELL S. KRA CITY ATTORNEY RGldml JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS • 1-1 Exhibit 1 Edward A. Dion County Attorney MEMORANDUM BROWARD COUNTY OFFICE OF THE COUNTY ATTORNEY 115 S. Andrews Avenue, Suite 423 Fort Lauderdale, FL 33301 (954) 357-7600 • Fax (954) 357-7641 9 Suncom 442-7600 October 10, 2000 Our File No. 00-088.05 TO: Richard C. Tornese, Assistant Director Engineering Division FROM: Sharon V. Thorsen�'' ` Assistant County lkttorr v RE: Draft - Amendment to Agreement Between Broward County and City of Tamarac for the Funding of Utility Improvements along NW 441h Street in the City of Lauderhill Attached please find the above -referenced amendment, which was prepared to remove the requirement that the County include a requirement to indemnify the City in its construction project. The amendment is based on the revisions to F.S. 725.06, Should you have any questions regarding this matter, please feel free to contact me. Thank you. SVTsl Attachments tornese.m20 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the internet: www.co.broword.fl.us/legal ' Exhibit 2 AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for THE FUNDING OF UTILITY IMPROVEMENTS ALONG NW 44T" STREET IN THE CITY OF LAUDERHILL Project No, 5107 AMENDMENT to AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for THE FUNDING OF UTILITY IMPROVEMENTS ALONG NW 441" STREET IN THE CITY OF LAUDERHILL Project No. 5107 This is an Amendment to 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, My CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "CITY." WIT NESSETH: WHEREAS, COUNTY plans to begin construction to widen NW 44th Street from Inverrary Boulevard west to Rock Island Road in the City of Lauderhill, herein referred to as the "Project", and WHEREAS, COUNTY and CITY entered into an Agreement for the funding of utility improvements along NW 4411 Street in the City of Lauderhill; and -1- WHEREAS, pursuant to such Agreement, the COUNTY agreed to include the CITY's utility construction as part of the Project; and WHEREAS, the Agreement contains a provision in which the COUNTY agreed to include in its construction contracts a requirement that the COUNTY's contractor agree to indemnify the CITY; and WHEREAS, the Florida Legislature amended F.S. 725.06 to provide a limitation on indemnification in construction contracts to parties to the construction contract; and WHEREAS, CITY is not, and will not be, a party to the COUNTY's construction contract; and WHEREAS, the parties desire to amend their Agreement to comply with Florida law; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions. promises, covenants, and payment hereinafter set forth, COUNTY and CITY agree as follows: 1. COUNTY and CITY hereby agree to amend Article 7 of the Agreement between Broward County and City of Tamarac dated February 22, 2000, to read as follows: ARTICLE 7 INDEMNIFICATION 7.1 CITY 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. -- -- - --- ------ - -- --- --- -- - -- -- --- r r r - - . - - - it - - - -M I---- - - - - - - - - - - - S - r i 2. Except as otherwise set forth herein, the terms and conditions of the Agreement shall remain unchanged and in full force and effect between the parties. (Intentionally Left Blank) Iele IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to 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: COUNTY BROWARD COUNTY, through its BOARD OF COUNTYCOMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County By Commissioners of Broward County, Florida -4- Chair __ day ofY , 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 2 Sharon V. Thorsen Assistant County Attorney IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: ATTEST: By: Marion Swensi6n, CIVIC City Clerk STATE OF FLORIDA a :SS ACCEPTED BY CITY OF TAMARAC GRANT E By: oe Schreiber Mayor Date: 1131101 J dfffeyt. Miller City Manager Date: 1 1 3 l j o App➢b�edl as Mitchell S. Ki City Attorney COUNTY OFF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared -a Me'PFrW L- OVI Ll�'c to me known to be the person(s) described in and who executed the foregoing instrument and --eV acknowledged before me and under oath that �i executed the same. WITNESS my hand and official seal this 3(_ day of 20_?L. Q,., a azc OFFICIALNOTARYMEAL ARY BLIC, State of Florida JUNE A WHITE �a�� g NC ARY PUBLIC STATE OF FLORIDA r e COMMISSION NO. CC775M MY COMMISSION EXF. SE17r 15 .emu 10 e- ( Personally known to me, or ( ) Produced identification (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced DID take an oath, or (C4 DID NOT take an oath 51!