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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-105Introduced by Temp. #k3095 L! 1 2' 3 4 5 6 7 8 9 10 11 12 �3 A 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-,0 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BROWARD COUNTY FOR REALIGNMENT AT NORTHWEST 61 STREET AND UNIVERSITY DRIVE, TAMARAC; AND PROVIDING AN EFFECTIVE DATE. 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 agreement with Broward County for realignment at Northwest 61 Street and University Drive, Tamarac, a copy of which is attached hereto as Exhibit "A". SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this //- day of D ` V�'gi r - i'M ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. r ATTORNEY or,w • MAYOR ,1984.' RECORD OF COUNCIL VOTE MAYOR: KRAVITZ O-7� DISTRICT 4; VIM STEIN �eJ DISTRICT 3: C/M STELZER DISTRICT 2: C/M MUNITZ GLS� DISTRICT 1: CIM DONNE ij z r A G R E E M E N T PROVIDING FOR WORK TO BE PERFORMED BY PERSONNEL OF THE BROWARD COUNTY PUBLIC WORKS DEPARTMENT MATERIALS CHARGE ONLY GCF#18A-1 4/8/83 -1- �}�6i�IINJ�fnl MAR ae1%n 1J TAMARAC CITY ENGINEER A G R E E M E N T PROVIDING FOR WORK TO BE PERFORMED BY PERSONNEL OF THE BROWARD COUNTY PUBLIC WORKS DEPARTMENT KNOW ALL MEN BY THESE PRESENTS: That BROWARD COUNTY, a Body Corporate and Politic, and a Political Subdivision of the State of Florida, hereinafter referred to simply as COUNTY, through its Board of County Commissioners, which term shall include its successors and assigns, The City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to simply as CITY. W I T N E S S E T H, that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows: I_j i1i[+I>111ail PREAMBLE In order to establish the background, context and frame of refer- ence for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commit- ments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY, by and through its City Council has requested assistance of the Broward County Public Works Department for channelization (realign- ment) at N.W. 61st Street and University Drive. 1.2 Broward County has the resources to do the necessary work at a cost substantially less than the CITY would have to pay if the work were to be performed without COUNTY assistance. 1.3 Broward County has adopted a policy of assisting Cities with such work subject to reimbursement as provided for herein. GCF#18A-2 4/8/83 -2- ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTI- FICATIONS set forth below are assumed to be true and correct and are there- fore agreed upon by the parties. 2.1 COUNTY Broward County, a Body Corporate and Politic, and a Political Subdivi- sion of the State of Florida. 2.2 CITY A City of Tamarac, a municipal corporation within the State of Florida. 2.3 WORK Channelization (realignment) at N.W. 61st Street and University Drive according to plans prepared by or on behalf of CITY and delivered by CITY to COUNTY. n oTir^I C: A2 OBLIGATIONS OF THE PARTIES 3.1 COUNTY agrees to perform the WORK as defined in Article 2.3 of this Agreement. 3.2 COUNTY agrees to keep records of its actual costs for materials in performing the WORK and shall make such records available to CITY upon request. 3.3 COUNTY shall bill CITY at the completion of the WORK for all of COUNTY'S actual costs for materials incurred during the performance of the WORK. Labor and equipment shall be provided at no cost to CITY. 3.4 CITY shall pay to COUNTY the amount billed by COUNTY within thirty (30) days of receipt of COUNTY'S bill. 3.5 CITY hereby agrees to indemnify and save harmless COUNTY, its agents and employees from and 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 WORK or by or in consequence of any negligence in connection with the WORK or in consequence of any negli- gence in connection with design of the channelization. GCF#18A-3 4/8/83 -3- The indemnification provided above shall obligate the CITY to defend at its own expense or to provide for such a defense, at COUNTY'S option, of any and all claims of liability and all suits and actions of every name and description that may be brought against the COUNTY, its agents or employees relating to said WORK including design work. VE-N11115i■!RWAi Cel:1►1:ftgall 4.1 INCORPORATION OF ALL PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, corre- spondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Ac- cordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written . It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 4.2 EXECUTION This document shall be executed in no less than four (4) counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board action on the day of , 19 , and , signing by and through its duly authorized to execute same. ATTEST: COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- Officio Clerk of the Board of By County Commissioners of Broward County, Florida GCF#18A-4 4/8/$3 -4- day of Chairman 19 L, r r• 11�1 dui ' '+• 1 1 �,. , � . � a • �i•� �,. I�11 . �..�: 11�1 •1 i : •,� ' • '�1 Approved as to form and legality by Office of General Counsel for Broward County, Florida EA1W A. STEWART, General Counsel Roam 2148, Broward County Courthouse 201 Southeast 6th Street Fort Lauderdale, Florida 33301 Telephone: (305) 765-5105 BY: JAM A. THOMAS, Assistant General Counsel CITY ATIEf : CITY C(F TAMARAC By �CITY `_ �• • . 1' '�' MAYOR VI Approved• Form z and Legality: CITY Z• La W �� a day of i 1984. day of