HomeMy WebLinkAboutCity of Tamarac Resolution R-92-130Temp. Reso. # 6339
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- �
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN ADDENDUM TO
THE AGREEMENT BETWEEN CITY OF TAMARAC AND
PUBLIC ADVERTISING, INCORPORATED, TO
COINCIDE WITH THE LANGUAGE IN THE AGREEMENT
BETWEEN THE CITY AND BROWARD COUNTY TO
ERECT AND MAINTAIN BUS STOP SHELTERS IN
BROWARD COUNTY RIGHTS -OF -WAY WITHIN THE
CITY OF TAMARAC; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, 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 Addendum to the
Agreement
between City of Tamarac and Public Advertising, Inc., to
coincide with the language in the Agreement between the City
and Broward County to erect and maintain bus
stop shelters in Broward County Rights -of --Way within the City
of Tamarac, Florida, a copy of said document attached hereto.
SECTION 2: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this /cP d y of , 1992.
ATTEST:
CARIOL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as.
UITI A
RECORD OF COUNCIL VOTE
MAYOR , BEM!gP
DISTRICT 1: - C/M KATZ__
DISTRICT 2: V/M SCH1UMANN
DISTRICT 3: M HR
DISTRICT 4: C/M ABRAMOWITZ
LJ
July 29, 1992
•
ADDENDUM TO
FEBRUARY 26, 1990
AGREEMENT BETWEEN
CITY OF TAMARAC
AND
PUBLIC ADVERTISING, INC.
FOR
ERECTING AND MAINTAINING
BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA
THIS ADDENDUM to the Agreement between the CITY OF TAMARAC and PUBLIC
0 ADVERTISING, INC., (hereinafter the "ADDENDUM") is made an entered into this
day of , 1992, by and between PUBLIC
ADVERTISING, INC., ( hereinafter "COMPANY"), and the CITY OF TAMARAC,
(hereinafter "CITY").
WITNESSETH:
WHEREAS, CITY and COMPANY entered into an Agreement ("Agreement")
dated February 26, 1990, relating to bus shelter construction, maintenance,
operation and advertising; and
WHEREAS, CITY will enter an Agreement between BROWARD COUNTY and
the CITY OF TAMARAC for installation of Bus Shelters in COUNTY right-of-way
9 ("CITY/COUNTY AGREEMENT"); and
WHEREAS, under said CITY/COUNTY AGREEMENT, CITY has the
responsibility for: costs associated with the design, installation and maintenance of
bus shelters and facilities; costs associated with removal of bus shelters by COUNTY;
expenses related to COUNTY permits; indemnification of the COUNTY; provision and
paying for insurance; provision and paying for construction, maintenance, removal
and restoration bonds; cancellation or discharge of notices of violation arising from or
otherwise connected with alterations or any other work, labor, service, or material,
done for or supplied relative to the bus shelters; and
WHEREAS, both parties hereto have agreed that COMPANY shall be
responsible for and undertake all the obligations and responsibilities of CITY as set
forth in said CITY/COUNTY AGREEMENT.
NOW, THEREFORE, in consideration of the mutual terms and conditions,
40 promises, covenants and payments hereinafter set forth, CITY and COMPANY agree as
follows:
1 . The foregoing recitals are true and correct and form part of the
consideration of this Agreement.
2. In addition to the obligations set forth in the February 26, 1990
Agreement between CITY and COMPANY, as well as all subsequent amendments and
addendums thereto, COMPANY shall undertake full performance of and cause to be done
the following obligations specifically set forth in the Agreement between BROWARD
COUNTY and the CITY OF TAMARAC for Installation Of Bus Shelters In COUNTY Right -
Of -Way, (hereinafter CITY/COUNTY AGREEMENT) an unexecuted copy of which is
attached hereto as Exhibit "A" and made a part hereof:
(a) COMPANY shall install bus shelters only at public carrier
• stops and only with the express approval of CITY and, as appropriate, the Broward
County Mass Transit Division or the Broward County Engineering Division
(hereinafter "COUNTY"), or Florida Department of Transportation (hereinafter
"FDOT"). All bus shelters shall be erected in accordance with all Federal, State and
Local laws and regulations including but not limited to Chapter 337.407 and 337.408,
as amended, of the Florida Statutes, and Chapter 14-20, as amended, of the Florida
Administrative Code.
(b) COMPANY shall reimburse CITY for any permit fees paid
by CITY to COUNTY for the approval of bus shelters in the COUNTY right of way. Such
fees are currently set at Thirty Dollars ($30.00) per shelter, and may be amended
from time to time by COUNTY. This Thirty Dollar ($30.00) fee reimbursement for
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"'/ /02--1 j d r,
each permit is over and above the Five Hundred Dollar ($500.00) fee owed by
10 COMPANY to CITY.
(c) CITY shall have no responsibility whatsoever for any costs
associated with design, installation or maintenance of bus shelters and pertinent
facilities and COMPANY shall indemnify and assume responsibility for any costs
generated by the CITY/COUNTY AGREEMENT for installation of bus shelters in COUNTY
right-of-way.
(d) In the event that COUNTY for any reasonable and just cause
consistent with the CITY/COUNTY AGREEMENT shall deem it necessary or advisable to
disturb or destroy in whole or in party any bus shelter installed in COUNTY right-of-
way, 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 the CITY/COUNTY AGREEMENT shall be at the sole cost and expense of
COMPANY and CITY shall have no responsibility whatsoever therefor.
(e) COMPANY agrees that the COUNTY shall, with the consent of
CITY 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.
(f) If COUNTY finds it necessary or advisable to remove a
shelter, CITY shall so notify COMPANY and COMPANY shall promptly, but in any event,
not more than thirty (30) days after CITY's notification by the 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 the CITY/COUNTY AGREEMENT. Such removal and
restoration shall be at the cost and expense of COMPANY and CITY shall have no
0 4
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obligation or responsibility for the payment of any costs associated with such removal
or restoration.
(g) COMPANY agrees to indemnify and save harmless
BROWARD 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 the CITY/COUNTY 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 subcontractor, agent, servant or employee
of either. COMPANY agrees 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. COMPANY agrees 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. COMPANY shall, 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 the CITY/COUNTY AGREEMENT whether
the activities or operations be performed by CITY, COMPANY, any subcontractor or by
anyone directly employed by either.
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(h) COMPANY shall provide, pay for and maintain in force at
all times during the life of the CITY/COUNTY AGREEMENT such insurance as is required
by COUNTY.
( i ) COMPANY shall provide, pay for and maintain in force at
all times during the life of the CITY/COUNTY AGREEMENT plus one (1) year, a bond in
a form acceptable to COUNTY.
( j ) COMPANY specifically agrees to the terms and conditions
contained in the mechanics lien provision of the CITY/COUNTY AGREEMENT. COMPANY
assumes all financial or other obligations contained or associated therein and
indemnifies CITY as to any obligations associated therewith.
(k) If the CITY/COUNTY AGREEMENT expires or is terminated
pursuant to the terms of the CITY/COUNTY AGREEMENT, COMPANY agrees to remove all
bus shelters installed pursuant to the CITY/COUNTY AGREEMENT, and to restore the
right-of-way at each installation to the condition in which it existed at the time of
commencement of the CITY/COUNTY AGREEMENT; all costs and expenses associated
thereto will be paid by COMPANY.
3. COMPANY is bound by all terms OF the CITY/COUNTY AGREEMENT.
The failure to specifically delineate any terms or conditions in this Addendum, does not
relieve COMPANY of any obligations pursuant to the CITY/COUNTY AGREEMENT;
COMPANY assumes all responsibilities generated by the CITY/COUNTY AGREEMENT; and
indemnifies and holds the CITY OF TAMARAC, its officers, agents and employees
harmless from any injuries, actions, costs, expenses, or charges, including costs of
defense arising from the CITY/COUNTY AGREEMENT. Upon demand COMPANY shall, at
0 6
its own expense defend the CITY, its officers, agents and employees against all actions.
Nothing contained in this Addendum shall serve to release COMPANY from any
obligation of the February 26, 1990 AGREEMENT or any Addendums thereto.
IN WITNESS WHEREOF, the parties hereto have made and executed
this ADDENDUM to the Agreement between CITY and COMPANY on the respective dates
under each signature: CITY OF TAMARAC through its CITY COUNCIL, signing by and
through its Mayor, authorized to execute same by Council action on the - ),Q47day of
1992; and PUBLIC ADVERTISING, INC., signing by and through
its President, duly authorized to execute same.
CITY
CITY OF TAMARAC
By: Z_ �
. B DER, MAYOR
On this _day of1992.
gam_.
ATTEST: J N P. KELLY, CITY M ER
CAROL A. EVANS,
CITY CLERK On thisj1-4*v-day of1992
ROVED AS TO FORM AND
LE SUFF CIE Y: CITY OF TAMARAC
1 APPROVED AT AIE�'iMG OF
�MITC ELL S. KRAFT ' CITYATTORNEY
1 7
N� . �p2 - /?c)'1
EUBLICADVERTI,5[NG. INC.
ATTEST: PUBLIC ADVERTISING, I
B-L,,e,
Secretary PRESIDE
Ronda Winter
(Please type name of 5f"
Secretary) � � day of U S 71� 1992
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTYOF SS
Before me personally appeared— to me well
known and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she executed said Instrument
for the purposes therein expressed.
Sfi
WITNESS my hand and official seal, this w day of40L
1992. .
Notary Public, t �e of r/
Florida at Large '
_6CUC?ny !r-_Roozer_
(Print or type name of
Notary)
'OFFICIAL NOTARY SEAL"
My commission Expires: BEVERLY J. BOOZER
NOTARY PUBLIC -STATE OF FLORIDA
MY Commieeion Exp. June 18, 1994.
Personally known&10_tCL GOC.V Produced Identification: FL, Pr. Elm
I DID take an oath, or V DID NOT take an oath.
Z;
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