HomeMy WebLinkAboutCity of Tamarac Resolution R-92-1581
Temp. Reso. #6 6
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
MAINTENANCE AGREEMENT BETWEEN STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF
TAMARAC RELATING TO THE STATE PURCHASING
INTERLOCKING PAVERS AND SAND TO BE INSTALLED
ON BULLNOSES AND IDENTIFIED AREAS OF MEDIANS
ON UNIVERSITY DRIVE FROM SOUTHGATE BOULEVARD
TO COMMERCIAL BOULEVARD AND COMMERCIAL
BOULEVARD FROM NORTHWEST 64TH AVENUE TO STATE
ROAD 7 (441), (THE AGREEMENT COVERS COMMERCIAL
BOULEVARD THROUGH TO PROSPECT ROAD); THE CITY
WILL PROVIDE FOR THE LABOR AND INSTALLATION OF
PAVERS IN AN AMOUNT NOT TO EXCEED TWENTY
THOUSAND DOLLARS ($20,000.00), [FOURTEEN
THOUSAND SEVEN HUNDRED FIFTY DOLLARS
($14,750.00) IN FUNDING TO BE PROVIDED FROM
MATCHING GRANTS ACCOUNT NO. 001-872-519-830
AND FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS
($5,250.00) TO BE PROVIDED FROM CONTINGENCY
ACCOUNT]; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Assistant City Manager Dina McDermott prepared a
grant. application to beautify University Drive from Southgate
Boulevard to Commercial Boulevard and Commercial Boulevard from
Northwest 64th Avenue to State Road 7 (441), (the Agreement covers
Commercial Boulevard through to Prospect Road); and
WHEREAS, the grant application was submitted and presented to
the State of Florida Department of Transportation District IV
Office on June 11, 1992 and August 18, 1992; and
WHEREAS, the State of Florida Department of Transportation
District IV Office reviewed and approved this grant application
and funding in the amount not to exceed $30,000.00 for the State
to purchase pavers and concrete sand; and
WHEREAS, the City of Tamarac has committed funding in the
amount not to exceed Twenty Thousand Dollars ($20,000.00,)
[Fourteen Thousand Seven Hundred Fifty Dollars ($14,750.00) from
Matching Grants Account No. 001-872-519-830, and Five thousand Two
2
Temp. Reso. #0366
Hundred Fifty Dollars ($5,250.00) from Contingency Fund], to pay
for the labor and installation of the pavers; and
WHEREAS, funding is available from the City of Tamarac
Matching Grants Account No. 001-872--519-830 in the amount of
Fourteen Thousand Seven Hundred Fifty Dollars ($19,750.00) and
from the Contingency Fund in the amount of Five Thousand Two
Hundred Fifty Dollars ($5,250.00); and
WHEREAS, the City of Tamarac is required to enter into this
Agreement that governs the disbursement of grant funds to finance
the approved project; and
WHEREAS, the City of Tamarac is already required to maintain
and manage plant materials and trees on these medians; and
WHEREAS, the City of Tamarac is required to assume sole
responsibility for the installation, management and maintenance of
the pavers, plant materials and trees; and
WHEREAS, the Tamarac City Council hereby agrees that this
project will benefit the residents of the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTIQNThe foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this resolution.
SECTIQN That the administration of the City of Tamarac
is hereby authorized to execute the attached Agreement, (a copy of
which is attached herein and made a part hereof as Exhibit "A".)
SECTION 3: That the appropriate City officials are
authorized to proceed with the necessary budget transfer. Twenty
Thousand Dollars ($20,000.00,) [Fourteen Thousand Seven Hundred
Fifty Dollars ($14,750.00) in funding to be allocated from the
Matching Grants Account No. 001-872-519-830, and Five Thousand Two
Hundred Fifty Dollars in funding to be allocated from the
Contingency Fund.]
3
Temp. Reso. # 3-6-
SECTIQN 4_ All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION_5_: 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 This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED thiso'? y day of 1992.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
h approved this
RtSdtUTION as to for;in.
MITCHELL S. KRA
CITY ATTORNEY
(Pavers.ms)
O.L. BENDER
MAYOR
RECORD OF COUNCIL VOTE
MAYOR BENDER I
DISI-RICT 1 : f/�,1 KAT7
DIS i'fi?ICT 2: _ V/V! S->CtU1 .MANN
DISTRICT 3:. t`/', CF-iRC:lf -,
DISTRICT 4: C/M ABRAIMOWI T 4
to /�.
FDOT PAVER GRANT
COMMERCIAL BLVD 92/93
MAINTENAMCH
1
E
MEMORANDUM OF ACRENT
THIS AGREEMENT. made and entered into this 23 rd
19 �# by and between he STATE OF Flo FLORIDA DEpA�TI'lENT OF TRA
component agent t •_._-_-- day of Se ternber
y of the State of racrida, hereinafter called hebRT TION, a
"DEPARTMENT" and the Cit of Tamarac State of Florida, existing under tpQ Laws of Florida, corporation
rnton
the " CITY of the
• hereinafter called
W I T N E S S E T H
WHEREAS, as a part of the continual updating of the
Highway System, the Department, far the purpose of safht
the investment and other reasons State ec Florida
lane ( . has constructed and dos* maintainoa o ad
attached hereto and tncarporatedhbay and as described in Exhi `+p��
limits of Y reference herein, within the corporate
and
WHEREAS, the
facilities that contain Xandsca cis of the opinion that said maintained b eriodic trlmmin median and utility stri ee ahull highway�
u end neCessar re- cuttin a+ow n erti
a r n itte�
WHEREAS, the parties hereto mutually recognize the nee
Into an Agreement designating and setting forth the res
each party; and d for entering
ponsibilities of
WHEREAS, the CITY
dated er �3 , 9 by part hereof, desires nca
to ent�intoathie Aereto and bResolution No. - 15 p,
officers to Agreement and authorfeesy this eit& made a
do so,
NOW THEREFORE, for and in consideration of
e
each to the other, the parties convenant and agreeasufosl benefits to flow
1• The De hove=
(includingb partment ie providing to the
ut not limited to plants and landsc�nasupq • materials,
in Exhibit ngn.
--lea) us described
2- The CITY
standards In' a real nab e
manner and with .it
shall perform the folin�q.
scientificall_� ro ect
trees classigi
rase
ors $�s
u /,..(1;1156"
1.11� aGUvu named functions to be performed b •
shall be subject to periodic inspections -or the y the men CITY
Inspection findings will, be shared with the Such �
basis of gll decisions regarding, 'and shall be the
g, reworking or agreement to
3. If at any time after the CITY
termination,
�
the maintenance, "responsibility above-�ptentinged, it ah$1
attention of the Departments De Deputy has assumed
or a part thereof is not properly Y Assists Secretar that to the
Agreement, said Deputy AssistantPursuantmay o that the limlt►t
written notice that a deficiency ae deficiencies
at is to the terms of this
certified letter in care of y y at his option lseue a
eficisncles exiat(s), by sending a
on notice thereof. ► to place said
thirty (30) ealendarThereafter the
days within which to correct theaCitedvdeficlaneies.
IE said deficiencies are not corrected within this time p rio of
Department may at its option, proceed as follows=
period, the
(a) Maintain the landscaping or a
Department or Contractor's personnelhand oinvoiceithe
City for expenses insured, ox
(b) Terminate Agreement in
Agreement and remove accordance with Paragraph 4 of this
Personnel, all of -the landac!pl,n�nt or private contractor's
Agreement or any precedi A installed under this
Trees and Palms and charge the agreeCITY
ments except as to
cost of such removal, the reasonable
4' It is understood between the p hereto
shrubs, trees and—palmsartier
or adjusted at an covered by this Agreement that the round cover
Department in order that
in the future as eterminedatobe removed, re ocated
otherwise changed to meetthe adjacent state be necessary by the
Department. road be widened, altered or
to remove said mae'CrL� �texawhich time
or planning of the
given sixty (60) calendar days notice
the Department may
5• This A y remove same.
conditions; Agreement may be terminated under
any one of the following.
(a) BY the Department
duties under Paragraph the CITY fails to
notice. B ph 1 followin to s wristrform its
(b) $Y the Departmentsal S ri (10j days written
allow public accesstoallrefudoc by the CITY
other material subject to the documents, ----
papars to
Florida Statue and made or provisions of C attars, or
conjunction with this agreement*,
by the CITY
119,
6• greement• !n
The term of this Agreement commences upon exec
�• To the extent p execution,
Indemnify and hold harmless the d 6y law, the
all suit$, actions the Department TY shall
negligent a clsia�e and liabilit its o ficare
failure oftheof the,work under eriein he eCIT YSea from
he Cit this a 8 out of the CT,�'YY��
With the standardto construct and maintain dhss°eat, or due to t e
described In item under P of protect In conformance
S• This writing this agreement,
between the parties heretoemband
lea the entire A
undaron th ng, oral o nd there greement and
that r written. with zefeno Other understanding
andaading
are not merged hereinthe subject
and
9• The De and supursaded hereby, the subject matter hereof
Incur any flab Partment, during
Involved silty. or ants any fiscal year,
Available tforexpendit r into any contract'shall not expend
urs of mangy lri excess of thQich, b money,
written, made exPOndlture durin Y :its terms
'one In vialatlon o h such fiscal amounts bud
statement r paid o ! this subsectlonYear. ct v ran
b
from n such contract is nul�and°°tress. verbal or
prier to the Comptroller act• The Depart void, and no
ergo funds.. entering lnto any such the Department h shall require
Nothing of e
periods e i herein contalned shall pr vant the bindinnds mmit a
for the value 1 Years but act or oche g co a available
of the any contract so he makin contract,
of
services to be ran made shall be Ofecontracta for
dared or agreed xecutor
to be paid for 3n1Y
Va
0
0
•
auc:c�t-�3a.nG fiscal Years; n►ld this ir► all contracts of the paragraph shall be incorporated verbatim
Department which are for artamount in excess of
�2�0000 and which have a term for a period of Moro than l' ear.
Y
questions, The Department#& Deput
p Y Assistant Secretary shall decide all
. difficulties and diapuCee oir any arise under or by reason of this Agreement, nature wthatsoeve�r that spay
Of the service hereunder and the B • the prosecution or fulfillment
thereof; and his decision upon a chaclaims,tr, quAlIt Amount
final and conclusive upon the Parties heretpuesCiana a d disputesslue
hallbe
11. This Agreement may
t be asal
CITY in while oropart vithnutdcor transferred by the
12.
This Agreement shall be governs consent of the Department.
with the laws of the State of Florida
any portion of the contract f by an construed in accordance
In the event of a conflict between
prevail. Floridaa law,'the laws of Florida shall,
IN WITNESS WHEREOF, the parties hereto have caused k
year first above written.
bees p
be executed the day andreeanta to
STATE OF FLORIDA
DEPARTMENT OF TRANSPoRTATION
AOT Approval as to BY:
Force and Legality Date
Deputy Assistant Secretary
ATTEST:
Executive Secretary`$EAL)
Byj
er
H- L. Bender
Mayor
•-3,
ATTEST .�
Carol A. Evans
• City Clerk
!C ,r) - /' a it
r
SXHIBIT '@qn
TION
JOB NO.
WPI # (s)
County coward
SR N0. 70
S.R• 870 - Commerical Blvd. from University Dri------------------
ve (S.R. E17)(M.p.0.000) to
Prospect Road (M.P. 5.020)
0
hOTI:: Mile
posts (MP) are abtalne
Straight Line Diagrams. d meat,o from De
PArt F xran
aportatlpn
0
COUNTY Broward
SR NO. 870
EXHIBIT g
r
The Aepaxtment agrees to supp
ly to the Cit of Tamarac
of materials: the following list
1. 1952 square yards of "Plaza System" paver bricks
2. 132 cubic yards of concrete sand