HomeMy WebLinkAboutCity of Tamarac Resolution R-92-129Temp. Reso. # 6335
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92-�
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
WITH BROWARD COUNTY TO ERECT AND MAINTAIN
BUS STOP SHELTERS IN BROWARD COUNTY RIGHT-
OF-WAY WITHIN THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with Broward County
to erect and maintain bus stop shelters within Broward County
Right -Of -Way within the City, a copy of said agreement being
attached hereto as "Exhibit 1".
SECTION 2: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED thisl9t"Olday of ,1992.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
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CITY ATTORNEY
H. L. BENDER
MAYOR
RECORD OF COUNCIL VOTE
MAYOR B E
DISTRICT
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AGREEMENT
Between
BROWARD COUNTY
and
for
INSTALLATION OF BUS SHELTERS IN
COUNTY RIGHT -OF --WAY
This agreement must be completed with every bus shelter
and the City Manager is authorized to sign. (C/C mtg -
8/12/92)
-- EXHIBIT "i" --
. AGREEMENT
Between
BROWARD COUNTY
and
f or
INSTALLATION OF BUS SHELTERS IN
COUNTY RIGHT -OF --WAY
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, by and through its Director of Broward
County Engineering Division, hereinafter referred to as "COUNTY" or
"DIRECTOR"
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The CITY OF , a municipal corporation
• organized and existing pursuant to the laws of the state of
Florida, hereinafter referred to as "CITY."
WHEREAS, pursuant to its municipal powers and in accordance
with CITY 's procurement requirements, CITY has approved and awarded
a franchise or contract for the placement and installation of bus
shelters within CITY's municipal boundaries; and
WHEREAS, pursuant to the functional classification system set
forth in Section 337.29, Florida Statutes, COUNTY is the
governmental entity with jurisdiction over certain public rights -
of -way within municipalities; and
WHEREAS, pursuant to Chapter 21, Article II, Sections 21-17
et. seq., Broward County Code, a permit is required from the
Director prior to the placement or installation of an obstruction
within public right-of-way under the jurisdiction of COUNTY; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, covenants,
promises, obligations and representations contained herein, the
parties hereto hereby agree as follows:
r
• 1. APPLICATION FOR PERMIT:
By its execution of this Agreement, CITY applies for a permit
for the installation of bus shelters within certain rights -of -
way under the jurisdiction of COUNTY, as more fully described
hereinafter, upon the terms and conditions set forth herein:"
CITY agrees to pay COUNTY the sum of Thirty Dollars ($30.00)
for each bus shelter location for which CITY seeks a permit
hereunder.
2. PERMITS•
COUNTY hereby issues to CITY a permit for the placement and
installation of bus shelters within certain public rights--of-
way under COUNTY's jurisdiction and situated within CITY's
municipal boundaries based upon plans for the installation of
each bus shelter submitted by CITY and approved 'by COUNTY.
The public rights -of -way and the extent to which the permit
applies may be amended by the parties from time to time during
the term hereof.
It is understood by COUNTY that CITY has awarded a franchise
or contract to a private contractor ("COMPANY") for the
placement of bus shelters within CITY. CITY represents to
COUNTY that the award of such franchise for contract occurred
in the course of CITY's lawful exercise of its proper
authority and CITY agrees to cause and require COMPANY to
is adhere and conform to all terms and conditions hereof.
However, any failure of COMPANY to faithfully perform any
obligation of CITY hereunder shall not relieve CITY of such
obligation to COUNTY. CITY further represents to COUNTY that
all required CITY action for execution of this Agreement has
been taken and that the person executing this Agreement on
behalf of CITY has full authority of CITY to do so and to bind
CITY to each of its obligation set forth herein.
Nothing contained herein shall prohibit or otherwise restrict
COUNTY from installing bus shelters within COUNTY rights -of -
way within CITY in the event that CITY refuses or otherwise
elects not to install a bus shelter at a particular location.
3. JERM:
This Agreement shall commence on the date last executed by the
parties hereto and shall terminate on the fifth (5th)
anniversary of such date. This Agreement may be renewed by
mutual agreement of the parties, upon the same terms and
conditions as set forth herein, for up to two (2) additional
terms of five (5) years each.
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. In accordance with Section 21-19, Broward County Code,
installation of bus shelters at the locations identified on
Exhibit "A", attached hereto and made a part hereof, must
commence within one hundred eighty (180) calendar days from
the date this Agreement is approved and executed by the
Director. The failure to commence installation within this
period shall necessitate submittal of a new application for
permit. Installation, once commenced, must continue to
proceed in the normal manner customary and common in the
trade; however, work commenced and abandoned or terminated for
a period of ninety (90) calendar days before completion may
not be continued without the submittal of a new application
for permit, unless otherwise approved in writing by the
Director.
4. DESIGN/SPECIFICATIONS:
The design of the bus shelters to be installed hereunder shall
be approved by CITY prior to installation, shall be
aesthetically pleasing and shall conform to all requirements
of CITY. At a minimum, the design, construction and
installation of bus shelters shall be in accordance with and
shall meet the requirements of all applicable codes, laws,
rules, regulations and ordinances, including without
limitation, the minimum standards adopted by the Broward
County Board of County Commissioners. All bus shelters must
. be handicapped accessible. If required by COUNTY, CITY shall
construct, or cause to be constructed, sidewalks from the
nearest existing sidewalk to any shelter and from said shelter
to its respective bus stop in accordance with plans and
specifications approved, in advance, by COUNTY.
5. MAINTENANCE:
CITY shall keep all bus shelters installed hereunder cleaned
regularly and when needed and maintained in good repair and in
a safe, sanitary and sightly condition. In addition, CITY
shall remove all trash and other debris from within ten feet
(101) of each bus shelter regularly and when needed and shall
maintain the sidewalks adjacent to each bus shelter and bus
stop installed pursuant to this agreement. CITY shall inspect
each bus shelter periodically to insure full compliance with
the provision of this Section.
6. COSTS OF INSTALLATION AND MAINTENANCE:
The payment of all costs associated with design, installation
and maintenance of bus shelters and appurtenant facilities
shall be that of CITY. COUNTY shall have no responsibility
whatsoever for any such costs or expenses.
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• 7. REMOVAL BY COUNTY:
In accordance with Section 21-19, Broward County Code, CITY
agrees that in the event COUNTY, for any reasonable and just
cause including without limitation, public health, safety,
welfare and transportation concerns or plans decided by the
County Administration, whose decision will be final, shall
deem it necessary or advisable to disturb or destroy, in whole
or in part, any bus shelter installed pursuant to this
Agreement, the responsibility for restoration or replacement
of the bus shelter, and of restoring the right-of-way to the
condition in which it existed at the time of commencement of
this Agreement, will be at the sole cost and expense of CITY,
and COUNTY shall have no responsibility whatsoever therefor.
The decision of the Administration may be appealed to the
Board of County Commissioners in the same manner, time and
procedure as other appeals prescribed by law when the board
sits as an appellate body. The Board's decision shall -be
final.
8. ADVERTISING CONTENT:
CITY shall be responsible for determining the acceptability of
the content of any advertising placed on or within bus
shelters by COMPANY. COUNTY, with the consent of CITY, which
consent shall not be unreasonably withheld or delayed, shall
. have the right to utilize unsold advertising panels until such
time as an unsold panel utilized by COUNTY is sold or leased
for advertising purposes by COMPANY.
9. OWNERSHIP OF SHELTERS:
All bus shelters installed pursuant to this Agreement shall
remain the property of CITY or COMPANY, whichever party has
ownership rights pursuant to the franchise or contract between
CITY and COMPANY.
10. REMOVAL•
Pursuant to Section 21-19, Broward County Code, in the event
COUNTY, for any reasonable and just cause, including without
limitation, public health, safety, welfare and transportation
concerns or plans decided by the County Administration whose
decision shall be final, finds it necessary or advisable to
remove a shelter installed pursuant to this Agreement, COUNTY
shall so advise CITY, and CITY shall promptly, but in any
event not more than thirty (30) days after notification by
COUNTY, remove the subject bus shelter and restore the right-
of-way to the condition in which it existed at the time of the
commencement of this Agreement. The decision of the
Administration may be appealed to the Board of County
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Commissioners in the same manner, time and procedure as other
appeals prescribed by law when the Board sits as an appellate
body. The Board's decision shall be final. Such removal and
restoration shall be at the cost and expense of the CITY, and
COUNTY shall have no obligation or responsibility for the
payment of any costs associated with such removal and
restoration. If such removed bus shelter is to be relocated
by the CITY, a new permit must be issued by COUNTY prior to
relocation by CITY of the removed shelter.
CITY may, from time to time during the term hereof, relocate
its shelters. Any such relocation must be approved by
issuance of a new permit by COUNTY prior to relocation and
will be at CITY's sole cost and expense, COUNTY having no
obligation thereafter.
11. INDEMNIFICATION:
During the term of this Agreement, CITY shall, and shall
require COMPANY to, indemnify and save harmless COUNTY, its
officers, agents and employees, from or on account of any
injuries or damages, received or sustained by any person or
persons during or on account of any operations connected with
this Agreement; or by or in consequence of any negligence
(excluding negligence of COUNTY), in connection with the same;
or by use of any improper materials or by or on account of any
act or omission of the said CITY, COMPANY or any subcon-
tractor, agent, servant or employee of either. CITY agrees,
and shall require COMPANY, to indemnify and save harmless
COUNTY against any claims or liability arising from or based
upon the violation of any federal, state, county or city laws,
by-laws, ordinances or regulations by CITY, COMPANY, any
subcontractor, agent, servant or employee of either. CITY
further agrees, and shall require COMPANY, to indemnify and
save harmless COUNTY from all such claims and fees, and from
any and all suits and actions of every name and description
that may be brought against COUNTY on account of any claims,
fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against
COUNTY for the infringement of any and all patents or patent
rights claimed by any person, firm, or corporation. CITY
shall, and shall require COMPANY to, defend, at its own
expense, at COUNTY's option, any and all claims of liability
and all suits and actions of every name and description that
may be brought against COUNTY which may result from the
operations and activities under this Agreement whether the
activities or operations be performed by CITY, COMPANY, any
subcontractor or by anyone directly employed by either.
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• 12. NI SURANCE:
CITY shall, or shall require COMPANY to, provide, pay for and
maintain in force at all times during the life of this
Agreement, such insurance as required by the COUNTY and will
assure to COUNTY the protection contained in the foregoing
indemnification provision undertaken by CITY. Such policy
shall be issued by United States Treasury approved companies
authorized to do business in the state of Florida and having
agents upon whom service of process may be made in the state
of Florida. Each policy shall contain, at a minimum, the fol-
lowing provisions, coverages and policy limits of liability:
12.1. Comprehensive General Liability with a minimum for
One Million Dollars ($1,000,000.00) per occurrence
combined single limit Bodily Injury and Property
Damage Liability. Coverage must be afforded on a
farm no more restrictive than the latest edition of
the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance
Service Office and must include:
12.1.1. Premises -Operations
12.1.2. Explosion and Collapse Hazard
12.1.3. Underground Hazard
12.1.4. Products/Completed Operations Hazard
12.1.5. Independent Contractors
COUNTY is to be included as an "Additional Insured" in the
name of Broward County Board of County Commissioners with
respect to liability arising out of operations performed by or
on behalf of CITY.
12.2. WORKERS COMPENSATION INSURANCE to apply for all
employees in compliance with the "Workers
Compensation Law" of the state of Florida and any
applicable Federal laws. Policy must include
Employers Liability with a limit of Three Hundred
Thousand Dollars ($300,000.00) per accident.
12.3. Business Automobile Liability with minimum limits
of One Hundred Thousand Dollars ($100,000.00) per
occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability for owned,
hired and non -owned vehicles.
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All required policies must provide Sroward County
with thirty (30) days notice of cancellation, non -
renewal and non -owned vehicles.
In the event any of the above -required insurances are provided
by COMPANY, such insurance shall not be required of CITY.
However, the provision of any insurance by COMPANY shall not
relieve CITY of its obligation to indemnify as set forth in
Section 11.
CITY shall, or shall require COMPANY to, provide, pay for and
maintain in force at all times during the life of this
Agreement, plus one (1) year, a bond, in a form acceptable to
COUNTY, in the amount of
($ ). Such bond shall cover
the proper construction and mWIntenance of facilities, in
addition to shelter removal and restoration of the public
right-of-way, if such is required by COUNTY.
14. MECHANIC'S LIEN:
CITY and COMPANY at CITY and COMPANY'S expense, and with due
diligence and dispatch, shall procure the cancellation or
discharge of all notices of violation arising from or
otherwise connected with alterations, or any other work,
labor, services or material done for or supplied to CITY or
COMPANY, or any person claiming through or under CITY or
COMPANY, which shall be issued by an public authority having
jurisdiction or asserting jurisdiction.
Neither CITY or COMPANY shall have authority to create or
cause to be filed any liens for labor or materials on or
against any COUNTY right-of-way upon which a shelter is
installed. CITY and COMPANY shall defend, indemnify, and save
COUNTY harmless from and against any and all mechanic's and
other liens and encumbrances filed in connection with
alterations or any other work, labor, services, or materials
done for or supplied to CITY or COMPANY, or any person
claiming through or under CITY or COMPANY, including without
limitation, security interests in any materials, fixtures, or
articles installed and constituting a part of any bus shelter
and against all costs, expenses, and liabilities (including
reasonable attorney's fees to and through any appellate,
supplemental and bankruptcy proceedings) incurred in
connection with any such lien or encumbrance or any action or
proceeding brought thereon. CITY and COMPANY, at CITY and
COMPANY'S sole expense, shall procure the satisfaction or
discharge of record by transfer to a bond or otherwise, of all
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such liens and encumbrances within fifteen (15) days after
notice to CITY or COMPANY of the filing thereof. In the event
CITY and COMPANY has not so performed, COUNTY may, at its
option, transfer such liens to bonds and CITY and COMPANY
shall, upon demand, reimburse COUNTY for all costs and
expenses incurred in connection therewith, which expenses
shall include reasonable attorney's fees to and through any
appellate, supplemental and bankruptcy proceedings and any
costs in posting bond to effect the discharge or release of
the lien as encumbrance against COUNTY's property. CITY and
COMPANY shall have the right to contest in good faith any
aforesaid lien or encumbrance so long as the same is
discharged of record by transfer to a bond or otherwise.
15. TERMINATION AND EXPIRATION:
16.
In the event CITY defaults in the performance of•any•of its
obligations hereunder and such default continues for a period
of twenty-one (21) calendar days after the date of written
notice by COUNTY specifying such default, COUNTY may, by
written notice to CITY, terminate this Agreement. After
receipt of such notice of termination, CITY shall remove all
bus shelters installed pursuant to this Agreement and, if
required by COUNTY, shall restore the right-of-way at each
installation to the condition in which it existed at the time
of commencement of this Agreement, all at the cost and expense
of CITY, COUNTY having no responsibility therefor.
On or before the expiration of this Agreement, or any renewal
period hereof, according to its terms, CITY shall remove all
of its or COMPANY's bus shelters and other property placed
within the right-of-way pursuant to this Agreement and shall
restore the right-of-way to the condition in which it existed
at the time of commencement of this Agreement, all at the cost
and expense of CITY, COUNTY having no responsibility therefor.
This Agreement may not be amended, and no modification or
amendment hereto will be effective, unless and except such is
set forth in writing executed with equal dignity hereto by the
parties hereto. No waiver of a right by any party shall be
effective unless set forth in a written document executed by
the party exercising such waiver.
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17. NOTICES•
All notices and other communications under this Agreement
shall be in writing and shall be delivered by certified mail,
return receipt requested, postage pre -paid, or by hand
delivery, to the parties at the following addresses:
COUNTY:
Henry P. Cook, P.E., Director
Broward County Engineering Division
115 S. Andrews Avenue
Fort Lauderdale, Florida 33301
CITY:
All notices shall be deemed delivered at the time of hand
delivery in the event of same, or upon mailing by certified
mail. Either party may change its address for the purpose of
receiving notices pursuant to this paragraph provided such
change is in writing and sent in accordance with the
requirement of this Section. Such change shall not be
effective until actually received by the recipient party.
IN WITNESS WHEREOF, the
Agreement on the respective
COUNTY signing by and through
authorized to execute same,
signing by and through its
same.
parties
have made and exec
dates under
its Director
and CITY OF ,
duly authorized to execute
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each signature:
of Engineering
uted this
BROWARD
Division,
COUNTY
ATTEST: BROWARD COUNTY, through its
Director of Engineering Division
County Administrator and By
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida day of
11
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Director
, 19
Approved as to form by
Office of 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) 357-7541
By
RAFAEL SUAREZ-RIVAS
Assistant County Attorney
i CITY
ATTEST: CITY OF
(CORPORATE SEAL)
RSR: j fy
7/22/92
busshltr.a01
#92-175
40
Secretary
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By
day of
, 19
EXHIBIT 1
Exhibit 1 is a City of Tamarac map of bus routes, stops and
shelters that is too large to attach, therefore, it will be
on file in the City Clerk's office.
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