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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-372Temp. Reso. #8487 Page 1 December 15, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 -.9 11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A TRAFFICWAYS BEAUTIFICATION AGREEMENT WITH BROWARD COUNTY PERTAINING TO THE MAINTENANCE OF MEDIANS ON PINE ISLAND ROAD BETWEEN MCNAB ROAD AND COMMERCIAL BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Pine Island Road between McNab Road and Commercial Boulevard is classified as a Broward County Minor Arterial and; WHEREAS, the City Commission of the City of Tamarac has expressed the desire to enhance the median strips on Pine Island Road between McNab Road and Commercial Boulevard with landscaping and irrigation; and WHEREAS, the City of Tamarac is already maintaining the said section of Pine Island Road at its own expense; and WHEREAS, Broward County requires that the City of Tamarac enter into a formal Trafficways Beautification Agreement for the said section of Pine Island Road prior to the City installing new landscaping and irrigation; and WHEREAS, the Public Works Director recommends approval of the Trafficways Beautification Agreement; and 1 Temp, Reso. #8487 Page 2 December 15, 1998 WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the of the citizens and residents of the City of Tamarac to enter into a Trafficways Beautification Agreement with Broward County for said section of Pine Island Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the appropriate City officials are HEREBY authorized to sign the Agreement with Broward County, attached hereto as Exhibit 1. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict.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: This Resolution shall become effective immediately upon adoption. 1 1-1 f1 Temp. Reso. #8487 Page 3 December 15, 1998 PASSED, ADOPTED AND APPROVED this a..3 n � day of ke�� 998. E SCHREIBER AYOR ATTEST: Approved as to form and sufficiency: CAROL GOI4 , CMC/AAE $MICHELL &SKRA CITY CLERK CITY ATTORNEY RECORD OF COMMISSION MAYOR SCHREIBER c DIST 1: COMM. McKAYE DIST 2: WM MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS f"���'� + Public Works Department Engineering Division 115 S. Andrews Avenue, Room 321 6 Fort Lauderdale, FL 33301 • ld� ` BROWARD COUNTY (954) 357-6222 • FAX (954) 357-6983 E LETTER OF TRANSMITTAL .wa r� AS, .� r • D• '' ATTENTION: LAM 86EKWAI 1 .i= A _ r I� S J1r We are sending you: ✓ For approval _ Returned for corrections _ For your use _ Approved as noted _ As requested _ For review and comment COPIES DATE NO DESCRIPTION REMARKS: COPY TO: Stuart H. Bussian, RL4 (954)357-6543 Facsimile: (954) 357-6983 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Ilene Lieberman Lori Nance Parrish Sylvia Poitier John E. Rodstrom, Jr. World Wide Web: hnp://www.co.broward.fl.us • AGREEMENT Between BROWARD COUNn and CITY OF TAMARAC for TRAFFICWAYS BEAUTIFICATION FOR PINE ISLAND ROAD FROM APPROXIMATELY 1500 FEET NORTH OF QQMMERCIAL BOULEVARD TO MCNAB ROAD . AGREEMENT Between BROWARD CQ!JNTY and CITY OF TAMARAC for TRAFFICWAYS BEAUTIFICATION FOR PINE ISLAND ROAD FROM APPROXIMATELY 1500 FEET NORTH OF COMMERQ18L BOULEVARD „TO MCNAB ROAD 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, AND • CITY OF TAMARAC, a municipal corporation located in Broward Count P P Y, 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 approximately 1500 feet north of Commercial Boulevard to McNab Road, is a public trafficway (hereinafter referred to as the 'Trafficway") located within the municipal boundaries of MUNICIPALITY; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway by landscaping, irrigation and paver blocks; and WHEREAS,MUNICIPALITY, by resolution of its governing body adopted on the 23 day of 19qL_, has approved joint beautification of the Trafficway with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS COUNTY, by action of its Board of County Commissioners on the o23 day of � _ _ , 19_q_L, has approved the joint . beautification of the Trafficway with 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: 1. COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway in the manner set forth in this Agreement. 2. MUNICIPALITY shall perform the following: (a) Prepare or cause to be prepared plans and specifications for the beautification of the Trafficway. Such plans and specifications shall be reviewed and approved by the Director of COUNTY'S Public Works Department (hereinafter referred to as the "Director") and a representative. of MUNICIPALITY. (b) In accordance with the approved design plans and specifications, landscape the Trafficway by installing along the Trafficway: vegetation, which may include, but is not limited to, plants, trees, shrubberies and grassed areas (sodded and/or seeded); and other non -vegetative items; and installing irrigation systems compatible with the installed vegetation. 3. MUNICIPALITY shall maintain all vegetation, as listed in Section 2(b) above, • located within the right-of-way; all non -vegetative items, such as pavers, installed for beautification or reduced maintenance, including grassed and/or landscaped stormwater impoundment facilities (detention ponds); and irrigation system installed by MUNICIPALITY along the Trafficway as follows: (a) MUNICIPALITY shall properly fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically cut the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the Trafficway, such replacement to be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and the same size as those existing at the time of replacement; keep litter removed from the Trafficway; and maintain irrigation parts in working order according to the original approved plans and specifications, including the maintenance and replacement of pumps, pipes, and sprinkler heads. CAF#120 Rev. 6/21 /95 50A 0(b) MUNICIPALITY shall pay all utility charges relating to the operation of the irrigation systems used in the beautification of the Trafficway. (c) MUNICIPALITY shall authorize commencement of service to, and billing for, electric and water service. 4. If at any time subsequent to COUNTY'S installation of vegetation and irrigation systems along the Trafficway it is determined by the Director that MUNICIPALITY is not maintaining the beautified Trafficway pursuant to the terms of this Agreement, the Director shall notify MUNICIPALITY in writing of such deficient maintenance. If MUNICIPALITY does not correct and improve such deficient maintenance within thirty (30) days of receipt of the Director's written notice, COUNTY, at the option of the Director, may cause such deficiencies to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement. MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY'S receipt thereof. If MUNICIPALITY requests a meeting with the Director, however, COUNTY may correct and improve any deficiencies but shall not bill MUNICIPALITY without the written consent of MUNICIPALITY. 5. Both COUNTY and MUNICIPALITY, which are state agencies or subdivisions, as defined in Section 768.28, Florida Statutes, agree to be fully responsible for acts of • negligence of their respective agents or employees when acting within the scope of their employment or agency, and agree to be liable for any damages resulting from said negligence. 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 any contract. Any claim, objection or dispute arising out of the terms of this contract shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 6. Subject to the provisions of paragraph 4 above, the Director shall decide all questions, difficulties, and disputes of any nature which may arise under or by reason of the beautification of the Trafficway pursuant to the terms of this Agreement. 7. This Agreement may be terminated for cause by either party upon a thirty (30) day written notice given by the terminating party to the other party. 8. 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 Agreements that is not • CAF#120 Rev. 6/21/95 -3- 0 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. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity hereto. 9. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. 10. The parties agree that the road shall remain classified as a COUNTY road. CAM 20 Rev. 6/21 /95 REMAINDER OF PAGE HAS BEEN LEFT BLANK INTENTIONALLY ME 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 , 19 , and CITY OF TAMARAC, signing by and through its duly authorized to execute same. ATTEST: MU TY 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 • • CAF#12o Rev. 6/21/95 -5- Chair day of ,19 Approved as to form by Office of County Attorney Broward County, Florida RUSSELL J. MORRISON, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 A DAPHNE E. JONES Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR JOINT FUNDING OF TRAFFICWAYS BEAUTIFICATION FOR PINE ISLAND ROAD FROM APPROXIMATELY 1500 FEET NORTH OF COMMERCIAL BOULEVARD TO MCNAB ROAD WITNESSES: A EST: City Clerk (CORPORATE SEAL) DEJ:sc 12/1 /98 #98-088.05 tamarac3.bea CAF#120 Rev. 6121 /95 CITY Id CITY OF TAMARAC By ZL:t ��_Z Mayor -Commissioner day of , 19�. City Manager day of , 1gq