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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-129Temp. Reso. # 6335 1141 1221 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 t o-t-orm . 1__\ I-- ZTCHELL S . " KR CITY ATTORNEY H. L. BENDER MAYOR RECORD OF COUNCIL VOTE MAYOR B E DISTRICT n+,15TIRICT 2: viMMg r,_.,..,,, DISTRICT 3: _ 'M ���•...... DISTRICT 4: C!M AARAkA1'%tA1s1r ,v CJ P J �X H. 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" f:%7 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. 0 -2- f f /J _ V _ X ,,2 � ,, . 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. 0 -3- rr � • 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 0 -4- 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. 0 -5- rr� - 9,,2 iaZ � // • 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 ($100,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability for owned, hired and non -owned vehicles. 0 -6- V AV- -r /,;- �/I All required policies must provide Sroward County with thirty (30) days notice of cancellation, non - renewal and non -owned vehicles. In the event any of the above -required insurances are provided by COMPANY, such insurance shall not be required of CITY. However, the provision of any insurance by COMPANY shall not relieve CITY of its obligation to indemnify as set forth in Section 11. CITY shall, or shall require COMPANY to, provide, pay for and maintain in force at all times during the life of this Agreement, plus one (1) year, a bond, in a form acceptable to COUNTY, in the amount of ($ ). 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 0 -7- (ft, 9,r2_ , /,.)-? / / 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. • -8- • 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 • -9- 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 0 -10- 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 0 -11- 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. Pj 0