HomeMy WebLinkAboutCity of Tamarac Resolution R-91-098Temp. Reso. #605o
1
2
3
4
S
7
8
9
10
11
12
13
14
15
16
17
8
9
20
21
22
23
24
25
26
27
28
29
t30
1
32
33
34
35
36
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-91--ff
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AMENDMENT TO THE AGREE-
MENT BETWEEN CITY OF TAMARAC, AND PUBLIC
ADVERTISING, INC. FOR ERECTING AND MAINTAIN-
ING BUS STOP SHELTERS WITHIN THE CITY OF
TAMARAC, FLORIDA 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 Amendment to Agreement
Between City of Tamarac and Public Advertising, Inc. for
erecting and maintaining bus stop shelters within the City of
Tamarac, Florida.
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.
LZ
ALAN F. RUF
CITY ATTORNEY
busshelter.reso
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1: C/M KATZ
DISTRICT 2: MA N
DISTRICT 3: G/W GLASSER
DISTRICT 4: V/M BEN
i
0
tst� -9/— V tl
C� J
fie
AMENDMENT TO AGREEMENT BETWEEN
CITY OF TAMARAC
AND PUBLIC ADVERTISING, INC.
FOR
ERECTING AND MAINTAINING
BUS STOP SHELTERS
WITHIN THE CITY OF TAMARAC, FLORIDA
', g- 9l- / f 11 I
THIS AMENDMENT to the Agreement between the CITY OF
TAMARAC, a muncipal corporation, (hereinafter referred to as
"CITY"), and PUBLIC ADVERTISING, INC., a Florida corporation,
its successors and assigns, (hereinafter referred to as
2-11
"COMPANY") this =`day of , 1991.
W I T N E S S E T H
WHEREAS, the CITY OF TAMARAC and PUBLIC ADVERTISING,
INC. entered into an agreement on February 26, 1990 for the
erection and maintenance of bus stop shelters within the
CITY OF TAMARAC, Florida; and
WHEREAS, the CITY will enter a Tri-Party Agreement
between Florida Department of Transportation Administration,
its successors and assigns (hereinafter "DOT"), the City of
TAMARAC, a municipal corporation of the State of Florida, its
• successors and assigns (hereinafter "TAMARAC"), and Florida
Power and Light Company, a corporation organized and existing
under the laws of the State of Florida, its successors and
assigns (hereinafter "FPL"), providing for the connection and
provision of electrical service from existing street lighting
circuits owned by the Florida Department of Transportation
and located within TAMARAC, for certain bus shelters owned by
Public Advertising, Inc. (hereinafter "PUBLIC"); and
E
WHEREAS, PUBLIC wishes to provide illumination to
existing bus shelters, and those to be constructed, within
TAMARAC, which shelters access street light poles for
electricity owned by DOT, FPL or TAMARAC; and
WHEREAS, under said Tri-Party Agreement, TAMARAC has the
responsibility for provision of electrical service points;
maintenance of electrical connections; installation of meter
enclosures, wiring and equipment; and payment for said
electrical service; and
-2-
(,a--9l- fftl
WHEREAS, both parties hereto have agreed that PUBLIC
shall be responsible for and undertake all of the obligations
and responsibilities of TAMARAC as set forth in said Tri-
Party Agreement.
NOW
THEREFORE, for
and in
consideration
of the
mutual
covenants
and agreements
herein
set forth, the
parties
hereto
covenant and agree as follows:
1. In addition to the obligations set forth in the
February 26, 1990 agreement between TAMARAC and PUBLIC,
PUBLIC shall undertake full performance of, and cause to
be done, the following obligations specifically set
forth in the Tri-Party Bus Shelter Agreement between
DOT, TAMARAC and FPL, an unexecuted copy of which is
attached hereto as Exhibit "A", and made a part hereof:
a. The provision of the electrical service points
• necessary for the operation of the bus shelters
which are the subject of the Tri-Party Bus Shelter
Agreement;
b. The maintenance of all electrical connections,
and the installation of all appropriate 120 volt
meter enclosures;
c. The installation of the wiring and equipment
for the applicable bus shelter in accordance with
the National Electric Code, local codes and FPL
requirements. FPL will not install the meters
• until approval is granted by TAMARAC's designated
authorized inspecting authority, initially
designated as Pat Kieley, Chief Electrical
Inspector of TAMARAC. Said authority may be
changed from time to time by written notice from
TAMARAC to FPL; and
-3-
C�
d. The relocation of all necessary facilities, the notification of
FPL of same, and all expenses of such relocation, when there is a change
in the DOT's operation or street light circuit which makes the
relocation of a bus shelter to which this agreement applies necessary.
2. In addition to the obligations set forth above PUBLIC shall be
responsible for all payments for electrical service for said bus
shelters for the duration of this agreement.
3. In consideration of, and as payment for, the provision of
electrical service, as provided for in said Tri-Party Agreement, PUBLIC
shall pay to TAMARAC the sum of Three Hundred Fifty ($350.00) Dollars
per bus shelter per year. Said sum initially shall be payable at the
time of issuance of the building permit by TAMARAC to PUBLIC for said
bus shelter. Thereafter, said yearly fee shall be due and payable on the
anniversary date of the issuance of said building permit. In the event
the actual cost of said service to TAMARAC for the year set forth above
exceeds Three Hundred Fifty ($350.00) Dollars, TAMARAC shall bill PUBLIC
for the balance within thirty (30) days of receipt of the bill. Payment
shall be made within thirty (30) days thereafter. In the event the
actual cost of said service to TAMARAC for the year set forth above is
less than Three Hundred Fifty ($350.00) Dollars, TAMARAC shall issue a
check to PUBLIC for the amount of overpayment at the conclusion of said
year.
4. In addition to the above -stated yearly payment, PUBLIC shall pay
to TAMARAC an administrative fee of $35.00 per bus shelter per year
payable at the time of issuance of the building permit by TAMARAC to
public for said bus shelter. In the event the amount paid, $35.00,
exceeds 10% of the total yearly cost of said service to TAMARAC, TAMARAC
shall issue a check to PUBLIC for the amount of any overpayment. In the
event the amount paid, $35.00, is less than 10% of the total yearly cost
of said service to TAMARAC, TAMARAC shall bill PUBLIC for the balance
within thirty (30) days of the first month in which there is a deficit.
5. Notwithstanding the above -referenced Tri-Party Agreement, and the
indemnification provision contained therein at Paragraph 11, and any
indemnification provision contained in any DOT Utility Permit issued to
TAMARAC for electrical service to bus shelters, PUBLIC agrees to
indemnify TAMARAC, its officers, agents and employees, from any actions,
including costs of defense, arising from any rights or obligations
created by this amendment and said Tri-Party Agreement, including but
not limited to the placement, construction or maintenance of the bus
shelters on the streets and sidewalks in TAMARAC.
-4-
1fg Q/ - / F'/
Paragraph 12 of the February 26, 1990.Agreement between TAMARAC and
PUBLIC shall in all respects remain unchanged and the parties expressly
acknowledge that said Agreement contains additional indemnification and
insurance obligations on the part of PUBLIC.
• 6. All other provisions of the February 26, 1990 Agreement between
TAMARAC and PUBLIC for erecting and maintaining bus stop shelters shall
remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: CITY OF TAMARAC
through its CITY COUNCIL, signing by and throj.gh its Mayor, authorized
to execute same by Council action on the ?!�day of , 1991,
and PUBLIC ADVERTISING INC., signing by and through its r
duly authorized to execute same.
ATTEST:
1
JO P. KELLY, C
ATTEST:
CAROL A. EVANS, CITY CLERK
0
CIT)
BY:
On this
7 day of
, 1991.
On this 7 day of 1991.
�nq
It e- 9/- 9f 0
APPROVED AS TO Ftom
LEGr FICIEN
ALAN F'. RUF, CI A
A TEST:
4SZ.Ad TARY
SEAL:
amend.tri-party
0
PUBLIC ADVERTISING, INC.
PUBLIC ADVERTISING INC.
BY:
ES ENT rr
On this LZday of t�, 1991.
TRI-PARTY BUS SHELTER AGREEMENT
THIS AGREEMENT, made this Zeday of 1991, by
and between the Florida Department of Transportation Admini-
stration, its successors and assigns (hereinafter "DOT"), the
City of Tamarac, a municipal corporation of the State of
Florida, its successors and assigns (hereinafter "TAMARAC"),
and Florida Power & Light Company, a corporation organized
and existing under the laws of the State of Florida, its
successors and assigns (hereinafter "FPL").
WITNESSETH
WHEREAS, the DOT has approved the connection of elec-
trical service for certain bus shelters from existing street
lighting circuits owned by the DOT; and
WHEREAS, these bus shelters are owned by Public
Advertising Inc., a Florida corporation, pursuant to an
agreement with TAMARAC dated February 26, 1990; and
WHEREAS, TAMARAC has assumed full responsibility for the
payment of electric service for these bus shelters for the
duration of this agreement; and
C�
II9-9/r f f ?I
WHEREAS, FPL is willing to authorize the connection of
such facilities upon the terms and conditions specified
herein;
NOW THEREFORE, for and in consideration of the mutual
convenants and agreements herein set forth, the parties
hereto covenant and agree as follows:
1. TAMARAC shall be responsible for obtaining the DOT
permits necessary for the electrical service points
from the DOT -owned street light circuits to the bus
shelters. All electrical connections shall be to
FPL-owned facilities or DOT -owned street lighting
circuits.
2. TAMARAC shall be responsible for all electrical
connections and for the installation of all
appropriate 120 volt meter enclosures. FPL shall
provide the energy and supply the standard 120 volt
meter to record the electrical consumption to each
bus shelter.
3. FPL shall be responsible for providing a standard
nominal voltage to the point of service for the
DOT's street lighting circuit. At no time will FPL
Iti(' G}/_ � 9b
be responsible for the voltage at the meter
facilities or the bus shelters.
4. TAMARAC shall be responsible for the installation
of the wiring and equipment for the bus shelter in
accordance with the National Electric Code, local
codes and FPL requirements. FPL will not install
the meters until approval is granted by TAMARAC's
designated authorized inspecting authority,
initially designated as Pat Rieley, with TAMARAC.
Said authority may be changed from time to time by
written notice from TAMARAC to FPL.
5. The DOT must maintain uniformity in the electrical
installations for all bus shelters connected to its
street lighting system.
6. The DOT shall be responsible for notifying TAMARAC
when the electrical service to the bus shelters is
necessarily interrupted or curtailed for prolonged
periods, as soon as DOT has knowledge thereof. FPL
shall not be responsible for continuity of electri-
cal service to the bus shelter.
7. When there is a change in the DOT's operation or
street light circuit which makes the relocation of
TAMARAC's bus shelter necessary, TAMARAC shall be
t'k-gI - � 9"1
responsible for such relocation of facilities and
for notifying FPL of same, and TAMARAC shall bear
all costs of such relocation.
8. Bills for energy shall be computed in accordance
with the rate schedule set forth in Exhibit A,
which is attached hereto and made a part hereof, or
any successive rate schedule which may be approved
from time to time by the Florida Public Service
Commission.
9. Regular bills for service will be rendered monthly.
Bills are due when rendered and shall be considered
. as received by TAMARAC when delivered or mailed to
TAMARAC's specified billing address which has been
designated at 7525 North West 88th Avenue, Tamarac,
Florida 33321. Said address may be changed from
time to time by written notice from TAMARAC to FPL.
10. The bill may be prorated if the billing period is
for more or less than a full month. Should service
be disconnected within less than a month from the
date of connection, the amount billed will not be
less than the regular monthly minimum bill as
designated on the'rate schedule.
0 11. A month is an interval, between successive regular
meter reading dates, which interval will be 30
days, more or less as defined in FPL's Rules and
Regulations.
12. TAMARAC shall indemnify, protect, defend and hold
FPL free and unharmed from and against any and all
claims,, liabilities and expenses, resulting in
connection with the service provided herewith.
13. This Agreement shall be of perpetual duration;
however, any party hereto may terminate this Agree.
meat by giving thirty (30) days written notice
thereof to the other parties to this Agreement;
• such termination shall not be effective until
thirty (30) days after the receipt of said notice
by TAMARAC.
14, This Agreement shall inure to the benefit of and be
binding upon the successors and assigns of both the
DOT, TAMARAC and FPL.
15. Except, as otherwise provided herein, FPL's Rules
and Regulations and the Florida Administrative Code
shall apply to the provisions of this Agreement.
•
16. TAMARAC may only receive the service specified
• herein in TAMARAC's name, and TAMARAC shall be
solely responsible for payment for such service to
FPL. TAMARAC may not resell such electrical
service to a third party for profit,
IN WITNESS WHEREOF the parties hereto have caused this
agreement to be duly executed in triplicate the day and year
first above written.
DEPARTMENT OF TRANSPORTATION
/ ![ 0 A
APPROVED AS TO FORM:
J,&�t 6 �L FOR DOT
DEPAR NT OF TRANSPORTATION
BY: r-�--
Title: Secretary/Di
On this _ day of , 1991.
CITY OF T
BY:
On
BY-
ABRAMOWITZ, MAYOR
, 1991.
ATTESTS: OHN P . " K'LLLY CITY 14MAGER
Vthis-& o 1991.
1
CITY CLERK
•
APPROVED AS TO FO
�.r
ALAN F. RUJ�, CITY ATTORNEY
FLORIDA POWER & LIGHT COMPANY
APPROVED AS TO FORM:
UNSEL FOR FPL
busshelteragrm.
C�
it e-9 I - �94,, I
FLORIDA POWER & LIGHT COMPANY
BY: ozer 4&4
�q Title: Dist. Gen. Mgr
On this L! day of/L 1991.
P
ME
M
FLORIDA POWER & LIGHT COMPANY
Ilk
TEL
TwentY•Fourth Revised Sheet No. 9,101
Cancels Twenty -Third Revised Sheet No. 8.101
6PPLICA QN:
For electric tlet m required for commercW or ktdustrw lghting, power and any other purpose with a Demand of 2b ", or
lass.
Single phase, 60 hero and at any &%%gable standard voltage. Muee phaw wrvioe will be provided without a do Jai charge
unku the Company's line extension policy is applicable ar4eto.
Ail lemice roquired on premises by Customer shall be hwaktrd through one meter. Resale of service is not permuted
hereunder.
Energy Charge:
Non -fuel charge 4.563a per kwh
Minimum: $9.00
Fuel t', Argea:
Fuel chdrgea arc adjusted by the Florida Public scr%iac Coutmisssan
normally each & months, April and October. As of December 23,
19t32 the amount for fuel was 2737q per kwh For cu mt fuel
Charges included In this tariff, we Shea No. J3.830.
ucl Chary See Shut No. U30
Iu CIa Sae Sheet No. J3W
GOWNItign Charge See Sheet No. 8"
Dil—Backout r e See Sheet No. J3.W
Fmnchisa- EM See Sheet No, &W
•Mete A000 : A customer charge of $6.00 will apply to those accounts which are baled on an estttaated basis ar4
at the Company's option, do not have an irt:talied metes for tmeast Mg ekocak servioc. The rnut mum
charge shall be 56.00.
MECI9LrP$MIONS:
Ener& used by commonly owned facilities of condorrwx uttt, eaaperatjve and 110111e0rrmea' assoctiatior,i may qualify for the
residential rate schedule as set forth on Sheet No. J3.211, Rider CV.
TFRM S?F._SEgvyCE:
Open Order.
ON
Scrvidx under this schedule is subjw to orders of goveramcnial bodies having jurisdiction and ro the currently effwiive 'Gencra,
Rules and Regulations for 1'l =&, SeMm" on rile with the Fbrida Public Service Commission ),r r of aurl+ic7 berrrecn xrn
pro�ssicn of this sdattduisr and said "Gemral Ruka and Regulations for Ekxtrk Service" the prrxvisior. of this scheduli Stall app-).
11- utd by; R. E. Tallon, Nrecidtnt