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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-080s 2 3 4 S 6 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. 0-- - - , 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 r� 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 �,e . J, tr ��f_fd If 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: 0 -1- 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. -2- • 114-�/ --010a " 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. -3- E I;e- 9 40 " 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 0 -5- 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 0 IJ 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 -6- CITY OF TAMARAC By day of 19 Y% �day.of� 19 APPROVED AS TO FORM: By ­ City Att&rney