HomeMy WebLinkAboutCity of Tamarac Resolution R-98-009December 31, 1997 - Temp. Reso. #8075 1
Revision No. 1 - January 7, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- q
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A JOINT FUNDING
AGREEMENT WITH BROWARD COUNTY FOR
THE INSTALLATION OF CURBING, IRRIGATION
AND LANDSCAPING WITHIN THE PUBLIC
RIGHT-OF-WAY OF PINE ISLAND ROAD
BETWEEN SOUTHGATE BOULEVARD AND
MCNAB ROAD AT A COST OF $19,125.00 TO
THE CITY OF TAMARAC ACCEPTING FUNDING
FROM THE COUNTY IN THE AMOUNT OF
$30,875.00; APPROVING AN INTERFUND
TRANSFER FROM THE GENERAL FUND TO
THE GRANTS FUND IN THE AMOUNT OF
$19,125.00; AMENDING THE ANNUAL GRANTS
FUND BUDGET OF ESTIMATED REVENUES
AND EXPENDITURES IN THE AMOUNT OF
$50,000.00; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County and the City of Tamarac have determined that it is in
the best interests of all parties to make certain improvements to the medians along Pine
Island Road from Southgate Boulevard to McNab Road; and
WHEREAS, Broward County and the City of Tamarac have agreed to share in the
cost of these improvements in a 61.75 percent (61.75%) and 38.25 percent (38.25%) ratio
respectively, and
WHEREAS, the Agreement attached hereto as Exhibit "A" is consistent with the City
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December 31, 1997 - Temp. Reso. #8075 2
Revision No. 1 -- January 7, 1998
of Tamarac's Master Landscape Plan; and
WHEREAS, the City Commission on the 22"d day of September 1997 adopted
Resolution R-97-213 approving the annual budget for fiscal year 1998; and
WHEREAS, the acceptance of these funds requires the amending of estimated
revenues and expenditures found within the Grants Fund budget; and
WHEREAS, available funds exist in the General Fund Grants Match budget for said
purpose; and
WHEREAS, after installation of the curbing, irrigation and landscaping, the City of
Tamarac will maintain the irrigation system and landscaping plan at its own expense; and
WHEREAS, the Director of Public Works and the Director of Community
Development recommend approval of this Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to execute the Joint
Funding Agreement with Broward County for the installation of curbing, irrigation and
landscaping within the public right-of-way of Pine Island Road between Southgate
Boulevard and McNab Road at a cost of $19,125.00 to the City of Tamarac and accepting
funding in the amount of $30,875.00 and authorizing the City's match of $19,125.00 from
the Grants Match budget with a total project cost of $50,000.00 for median improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
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December 31, 1997 - Temp. Reso. #8075 3
Revision No. 1 - January 7, 1998
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: The installation of curbing, irrigation and landscaping consistent
with the City's Master Landscape Plan is HEREBY APPROVED.
SECTION 3: An interfund budget transfer in the amount of $19,125.00 from
General Fund account entitled, "Grants - Matching Funds" to Grants Fund account
entitled, "Professional Services/Engineering Services" is HEREBY APPROVED for correct
accounting purposes.
SECTION 4: The City Commission authorizes the appropriate City Officials
to amend the Grants Fund budget in the amount of $50,000.00 and appropriate said funds
including any and all subsequent budgetary transfers to be in accordance with proper
accounting procedures.
SECTION 5: The appropriate City Officials are HEREBY AUTHORIZED to
sign the Joint Funding Agreement with Broward County for the installation of curbing,
irrigation and landscaping within the public right-of-way of Pine Island Road between
Southgate Boulevard and McNab Road at a cost of $19,125.00 to the City of Tamarac
(attached hereto as Exhibit "A") and accepting funding in the amount of $30,875.00 and
authorizing the City's match of $19,125.00 from the Grants Match budget with a total
project cost of $50,000.00 for median improvements.
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December 31, 1997 - Temp. Reso. #8075 4
Revision No. 1 -- January 7, 1998
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: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /4 day of , 1998.
PATRICIA MARCURIO
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to foem.
MITCHELVS. K
CITY ATTORN
commdev\u:\pats\userdata\wpdata\res\8075reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSI
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: V/M ISHKIN
DIST 3: COM . SULTANOF
DIST 4: COMM. ROBERTS ,
VOTE
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
THE E JOINT FUNDING OF IMPRQVEMEN,TS
TO _O THE MEDIAN ALONG PINE ISLAND ,ROAD
FR M MCNAB R AD T SO TH ATE BQULEVARD
•
EXHIBIT "All
locAf 94" **$0 7, -
AGREEMENT
Between
BROWARD UNTY
and
CITY OF TAMARA
for
THE JOINJ FUNDING OF IMPROVEMENTS
!Q THE MEDIAN ALONG PINE ISLAND ROAD
FRO L4 MCNAB ROAD TO SOUTHGA.TE BOULEVARD
This is an Agreement, made and entered into by and between: BROWARD COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY",
AND
40 CITY OF TAMARA „
C hereinafter referred to as "CITY".
WHEREAS, COUNTY and CITY have determined that it is in the best interest of all parties to make
certain improvements to the median along Pine Island Road from McNab Road to Southgate
Boulevard.
WHEREAS, COUNTY and CITY have agreed to share in the costs of these improvements in a
61.75 percent and 38.25 percent ratio respectively, for the improvement project described herein;
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments
hereinafter set forth, COUNTY and CITY agree as follows:
For the purposes of this Agreement, the Project shall be defined as the design and
construction of a median curb along Pine Island Road from McNab Road and Southgate
Boulevard and the installation of landscaping material.
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2. COUNTY and CITY shall share the costs of design and construction of the Project in
accordance with the terms and conditions contained herein. CITY shall be the governmental
agency responsible for the securing of contracts for design and construction of the Project,
pursuant to CITY'S competitive bidding process.
3. CITY shall employ its staff or retain an engineering consultant and contractor to design and
construct the Project.
4. The cost of the Project will be shared by COUNTY and CITY as follows:
(a) The cost of the improvement Project is estimated to be Fifty Thousand Dollars
($50,000.00). COUNTY agrees to pay 61.75 percent of the total cost of the above
described Project up to a maximum of Thirty Thousand Eight -Hundred Seventy Five
Dollars ($30,875.00).
(b) CITY agrees to pay 38.25 percent of the total cost of the above -described Project.
All additional costs and expenses over and above the estimated amount set forth
herein for the design and construction of the Project shall be the sole responsibility of
CITY.
(c) In the event the bids received are in excess of the estimated cost of Fifty Thousand
. Dollars ($50,000.00). COUNTY' S financial participation shall be limited to 61.75
percent of Fifty Thousand Dollars ($50,000.00) or Thirty Thousand Eight -Hundred
Seventy Five Dollars ($30,875.00). Nothing herein is intended to preclude CITY
from rebidding the Project.
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(d) After a consultant and/or contractor is selected, but prior to the award of the contract,
CITY shall advise COUNTY as to the construction contract amount for the
PROJECT and the date by which CITY intends to award the construction contract.
(e) COUNTY shall, within ninety (90) days of CITY's award of the construction contract
for the Project, remit to CITY the full portion of the amount that COUNTY has
herein agreed to assume for the above -described Project.
5. COUNTY and CITY agree that CITY is authorized to enter into agreements for the design
and construction of the Project described herein.
6. COUNTY and CITY agree to comply with all applicable federal, state, and local laws,
ordinances, codes and regulations. Plans and specifications shall be submitted to the Sroward
County Engineering and Traffic Engineering Divisions for their review and approval prior to
finalizing same. COUNTY's approval includes the right to make minor changes.
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7. COUNTY and CITY recognize that COUNTY's only role pursuant to this Agreement is
funding and that with the exception of the review and approval set forth in paragraph 6,
COUNTY shall not exercise any control over the work herein described. .
8. CITY agrees that any contract entered into by CITY for the design and construction of the
Project shall provide for the other party to:
Indemnify and hold harmless COUNTY, its officers, agents, employees, and the
Board of County Commissioners against any and all claims, losses, liabilities or
expenditures of any kind, including but not limited to court costs, expenses, attorneys'
fees and sales tax, if any, accruing or resulting from any and all suits, claims, demands,
or damages of any character, including negligent acts or omissions, resulting from
injuries sustained by any person or persons, or corporations, or property, by virtue of
the other party's performance of the contract with CITY, its officers, agents,
employees, consultants, or subcontractors, in connection with the median
improvements to Pine Island Road from McNab Road to Southgate Boulevard.
9. CITY agrees that in any contract entered into by CITY which is contemplated by this
Agreement in which CITY has required a contractor or consultant to name CITY as an
additional insured, CITY shall also require COUNTY and the Board of County
Commissioners to be named as additional insured. Said policy shall not be modified or
• cancelled without thirty (30) days written notice to COUNTY.
10. CITY agrees to maintain all landscape material installed within the median areas, including
both vegetative and non -vegetative items and maintain an irrigation system if installed and pay
all energy charges relating to the operation of the irrigation system.
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11. CITY agrees to name COUNTY as a third party beneficiary to all rights and benefits enjoyed
by CITY pursuant to its agreements with the consultant and contractor.
12. In the event a party defaults under any obligation of this agreement, the non -defaulting party
shall be entitled to all appropriate legal remedies including but not limited to damages or
specific performance.
13. It is further agreed that no modification, amendments or alteration to the terms or conditions
contained herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity as this Agreement.
14. CITY shall submit to COUNTY within ninety (90) days of completion of the Project and final
payment to the contractor, a complete program and financial accounting report of all activities
relating to the Project.
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15. COUNTY's participation in this Project is contingent upon the contract for design, installation
and construction being awarded within twelve (12) months of the execution of this
Agreement.
16. Both COUNTY and CITY, 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.
17. This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Venue for litigation concerning this Agreement shall be in
Broward County, Florida.
18. This document incorporates and includes all prior negotiations, correspondence, conversa-
tions, 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 predicted upon any prior repre-
sentations or agreements, whether oral or written.
19. Whenever either party desires to give notice unto the other, 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 place last specified, and the place for giving of notice in
compliance with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving notice:
FOR C NTY:
County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderale, Florida 33301
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FOR CITY OF TAMARAC
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY 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 Mayor & City Mang gr
duly authorized to execute same.
ATTEST:
County Administrator and
Ex -Off cio Clerk of the
Board of County Commissioners
of Broward County, Florida
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
:1
day of
Chair
19
Approved as to form by Office of the
County Attorney, Broward County,
Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
It
Assistant County Attorney
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RE: AGREEMENT BETWEEN BROWARD COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF TAMARAC FOR JOINT FUNDING OF
IMPROVEMENTS TO THE MEDIAN ALONG PINE ISLAND ROAD FROM MCNAB
ROAD TO SOUTHGATE BOULEVARD.
L.rAL .ti
Witness
CITY
CITY OF TAMARAC
By
/ Mayor Joe Schreiber
14 day of January , i9 98.
ATTEST:
Assistant City Clcrk �� CityManager
Patricia Marcurio, CMC RobertS. Noe, Jr.
14 day of January , 19 98.
(OFFICIAL SEAL)
TO F
CityAifb-mey � L
Mitchell, S. r ft
-b-
Pinc ki Rd.jfa Its
10/7/97
JOINT FUNDING AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC
FOR PINE ISLAND ROAD
� n
CITY COMMISSION
City of Tamarac
JANUARY 14, 1998
Jeffrey L. Miller
Director
Community Development
7525 N.W. 881h Ave., Tamarac, Florida 33321-2401
Telephone: (954) 724-1292
Facsimile: (954) 724-2453