HomeMy WebLinkAboutCity of Tamarac Resolution R-91-080s
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Temp. Reso. # 6046
CITY OF TAMARAC, FLORIDAG
RESOLUTION NO. R-91- O O
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF'
TAMARAC FOR THE JOINT FUNDING OF
IMPROVEMENTS TO THE: INTERSECTION OF NOB
HILL, ROAD AND NORTHWEST 71 PLACE:, TAMARAC;
AND PROVIDING ATJ EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL., OF TDF CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement between Broward
County and the City of Tamarac for the joint funding of
improvements to the intersection of Nob Hill Road and Northwest
71 Place, Tamarac, 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 this day of ,1991.
ATTEST:
CAROL A. EVANS��
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
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AL.,AN UF�
CITY TTo i4EY
NORMAN ABRAMOWIT
MAYOR
RECORD OF COUNCIL VOTE
MAPR ABRAAAOWITZ
DISTRICT 1: C/M KATZ
DISTRICT 2: fulA N
DISTRICT 3: CN / GSSER
DISTRICT 4: V/MBENUER
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AGREEMENT
Between
DHOWARQ COUNIX
and
CITY OF TAMARAC,,_FLORID
A
for
THE JOINT FUNDING OF IMPROVEMENTS
TO THE INTERSECTION OF
NOB HILL ROAD AND NORTHWEST„71 PLACE
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AGREEMENT
Between
and
for
THE JOINT FUNDING OF IMPROVEMENTS
TO THE INTERSECTION OF
KM.HILL ROAD AND --NORTHWEST 71 -EUCE
This is an Agreement between: BROWARD COUNTY, a political
subdivision and body corporate of the state of Florida, through its
Board of County Commissioners, hereinafter referred to as "COUNTY,"
AND
CITY OF TAMARAC, FLORIDA, a municipal corporation organized
and existing under the laws of the state of Florida, its successors
and assigns, hereinafter referred to as "CITY."
WHEREAS, COUNTY and CITY have determined that it is in the
best interests of all parties to make certain improvements to the
intersection of Nob Hill Road and Northwest 71 Place; and
WHEREAS, it has been determined that substantial improvements
in traffic flow can be made by improvements to the above -referenced
intersection; and
WHEREAS, COUNTY and CITY have agreed to share in the costs of
these improvements in a 62.5 percent and 37.5 percent ratio
respectively, for the improvement Project described herein; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, COUNTY and CITY
hereby agree as follows:
1. - For the purposes of this Agreement, the Project shall be
defined as the design and construction of improvements to the
intersection of Nob Hill Road and Northwest 71 Place in the
City of Tamarac, which design and construction shall consist
of the following:
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A right turn lane eastbound on Northwest 71 Place
to southbound on Nob Hill Road.
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:
4.1. The cost of the Project is estimated to be Forty-two
Thousand Seven Hundred Fifteen Dollars ($42,715.00).
COUNTY agrees to pay 62.5 percent of the total cost of
the Project up to a maximum of Twenty-six Thousand Six
Hundred Ninety --seven Dollars ($26,697.00).
4.2. CITY agrees to pay 37.5 percent of the total cost of the
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.
4.3. In the event the bids received are in excess of the
estimated cost of Forty-two Thousand Seven Hundred
Fifteen Dollars ($42,715.00), COUNTY'S financial
participation shall be limited to 62.5.percent of Forty-
two Thousand Seven Hundred Fifteen Dollars ($42,715.00).
Nothing herein is intended to preclude CITY from
rebidding the Project.
4.4. After a consultant and/or contractor is selected, but
prior to the award of the contract, CITY shall advise
COUNTY as to the contract amount for the Project and the
date by which CITY intends to award the contract. Prior
to that date, COUNTY shall provide certification that
COUNTY has established a separate Project fund in an
amount sufficient to pay CITY in the manner set forth
below.
4.5. When CITY awards the contract, COUNTY shall, within
ninety (90) days, make its best efforts to remit to CITY
the full portion of the contract amount that it has
herein agreed to assume for the Project.
5. COUNTY and CITY agree that CITY is authorized to enter into
agreements for the design and construction of the Project.
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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 Broward
County Engineering and Traffic Engineering Divisions for their
review and approval prior to finalizing same.
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. CITY
shall, to the extent provided by law, at all times hereafter,
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 accruing or resulting from any and all suits,
claims, demands, or damages of any character resulting from
injuries or damages sustained by any person or persons,
corporations or property, by virtue of the performance of
CITY, its officers, agents, employees, consultants, or
contractors in connection with this Agreement.
S. CITY agrees that any contract entered into by CITY for the
design and construction of the Project shall provide the
following:
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, and
attorneys' fees accruing or resulting from any and
all suits, claims, demands, or damages of any
character resulting from injuries or damages
sustained by any person or persons, corporations or
property, by virtue of its performance or that of
its subcontractors, agents, servants, or employees
in connection with the Project; and
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 that COUNTY and the Board of
County Commissioners be named as additional insureds. Said
insurance policy shall not be modified or cancelled without
a thirty (30) day written notice to COUNTY.
10. 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.
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11. This Agreement may be terminated by either party for cause
upon thirty a (30) day written notice by the terminating party
to the other party.
12. 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 with equal dignity hereto.
13. CITY shall submit to COUNTY within ninety (90) days of
completion of the Project a complete program and financial
accounting report of all activities relating to the Project.
14. COUNTY'S participation in this Project is contingent upon the
contracts for design, installation, and construction being
awarded within twelve (12) months of- the execution of this
Agreement.
IS. Whenever either party desires to give notice unto the other,
such notice must be given in writing, sent by registered
United States mail, return receipt requested, addressed to the
party for whom it is intended, at the place last specified,
and the place for giving of notice shall remain such until it
shall have been changed by written notice in compliance with
the provisions of this paragraph. For the present, the
parties designate the following as the respective places for
giving of notice:
FOR CQUNTY
County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR CIS:
Mayor
City of Tamarac
City Hall
5811 Northwest 88 Avenue
Tamarac, Florida 33321
IN WITNESS WHEREOF, the parties hereto
this Agreement on the respective dates
BROWARD COUNTY through its BOARD OF COUNTY
by and through its Chair, authorized to
action on the day of
-4-
have made and executed
under each signature:
COMMISSIONERS, signing
execute same by Board
, 19 , and CITY
ic)
rMARAC, FLORIDA, signing by and through its Mayor, duly
rized to execute same.
"NO
K%04 101V
County Administrator and
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
LORI NANCE PARRISH, Chalr
day of , 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) 357-7641
By
TONY J. RODRIGUEZ
Assistant County Attorney
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lie— 4)1" C?y of
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMAR.AC, FLORIDA, FOR
THE JOINT FUNDING OF IMPROVEMENTS TO THE INTERSECTION OF NOB HILL
ROAD AND NORTHWEST 71 PLACE
WITNESSES:
ATTEST:
Clty C &rk
(CORPORATE SEAL)
TJR:sc
tamarac.a01
4/3/91
#91-179
CITY
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CITY OF TAMARAC
By
day of 19 Y%
�day.of� 19
APPROVED AS TO FORM:
By
City Att&rney