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HomeMy WebLinkAboutCity of Tamarac Resolution R-82-0831 2 �) 3 4 5 Is 8 9 10 11 12 13 14 15 16 17 �18 21 22 23 24 25 26 27 28 29 30 33 34 35 36 Introduced by: CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-�� - 3 Temp. #2093 A RESOLUTION APPROVING AN AGREEMENT WITH THE 841st ENGINEER BATTALION UNIT OF THE UNITED STATES ARMY RESERVE FOR EARTH MOVING AND RELATED WORK IN THE CITY; PROVIDING AN EFFECTIVE DATE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: S.ECTIQN 1; That the appropriate City officials are hereby authorized and instructed to execute an Agreement with the 841st Engineer Battalion Unit of the United States Army Reserve for earth moving, construction and related work in the City, a copy of said Agreement is attached hereto as Exhibit "A". SECTION 2: This Resolution shall become effective immediately upon i;ts adoption. PASSED, ADOPTED AND APPROVED thisday of 1981. s MAY R�- •- ATTEST: A SISTANT CITY CLERK RECORD OF COUNCtCYOTE I HEREBY CERTIFY that I have approved th.e form and. correct MAYOR: ness of this Resolution DISTRICT (.lA- th ,d.A ,��rr. DISTRICT C I T Y A T T O R N E , DISTRICT DISTRICT E A AGREEMENT Made this 24th day of March , 1982, by and between the 841st Engineer Battalion (Combat), a unit of the United States Army Reserve, (hereinafter, "the Unit") and the CITY OF -.-' TAMARAC , a municipal corporation, . (hereinafter, "the Organization"): WITNESSETH: WHEREAS, the Unit desires to use its equipment and train its personnel of the Unit to accomplish certain earth moving, construction and related work (hereinafter, "the Project"); and WHEREAS, the Organization desires to provide the opportunity for such training at the Tamarac Municipal Parks , located at Southgate Boulevard and University Drive, or Nob Hill Road and N.W. 77th Street, or 7801 North University Drive, or 5100 Prospect Road, Tamarac. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises herein, the parties hereto promise and covenant hereby as .- follows, intending to be legally bound hereby; 1. The Unit shall furnish, at its own expense, the equipment and personnel necessary for the completion of the Project. 2. The Organization shall furnish, at its own expense, all fuel and lubricants necessary for the operation of the Unit's equipment in the completion of.the Project. 3. The Organization shall furnish, at its own expense, all materials necessary for the completion of the project. 4. The Organization agrees to remise, release, hold harmless and discharge and does hereby remise, release, hold harmless and discharge the Unit from and against any and all liability and responsibility to the Organization arising out of or in any way connected with the Project. 5. A representative of the Organization and the Unit's Officer in charge will coordinate all safety aspects of implementing the Project. The Unit's officer in charge will make all final safety decisions regarding the use of the Unit's personnel and equipment. 6. The Organization shall furnish certificates from each labor union and each contractor or other trade association which have subject matter and territorial jurisdiction over all or any part of the Project. Each and every such certificate shall state that the union or association has such jurisdiction and that it has no objection to the completion of the Project using the Unit's equipment and personnel. The attachment hereto of such certificates (labelled Exhibits "A-1", "A-2", etc.) shall be a condition precedent to the furnishing of any personnel or equipment by the Unit hereunder. 7. The Organization shall furnish one or more maps or surveys, certified by a licensed engineer, surveyor or custodian of public records, showing (a) all easements and right-of-way, including but not limited to water, sewer, gas, electric and telephone, on, over, under or immediately adjacent to the Project sites, and (b) access to the Project sites from public streets and highways over which the Unit's equipment may travel. Such maps or surveys shall be a condition pre- cedent to the furnishing of any personnel or equipment by the Unit ,A- hereunder. 8. If any map or survey furnished in compliance with paragraph 7 hereof shows any such easement or right-of-way, the Organization shall also furnish, at its own expense, (a) a release inuring to the benefit of the Unit from each and every person having a legal interest in any such easement orright-of-way, which release shall remise, release, hold harmless and discharge the Unit from and against any liability to the person for any damage to or destruction of such easement or right- of-way arising out of or in any way connected with the completion of the Project, or (b) if a release is not obtained from any such person, a policy or certificate of insurance naming the Unit as an insured covering any damage to or destruction of such easement or right-of-way arising out of or in any way connected with the completion of the Project. Such releases, policies and certificates shall be a condition precedent to the furnishing of any personnel or equipment by the Unit hereunder. 9. If the maps and surveys furnished in compliance with para- graph 7 hereof show that there is no direct access to a Project site from public streets and highways over which the Units equipment may travel, the Organization shall also furnish an easement in favor of the Unit from each and every person having a legal interest in any real property which the Unit must cross in order to reach the Project site from such public streets and highways. Such easements shall be a condition precedent to the furnishing of any personnel or equipment by the Unit hereunder. 10. The Organization shall furnish plans or drawings sufficient to acquaint the Unit to its satisfaction with the work involved in the completion of the Project. The Organization hereby certifies that the Project complies with the zoning and other local laws applicable to it. 11. Provisions of this Agreement which inure to the benefit of the Unit shall also inure to the benefit of the Government of the United States and all of its branches and departments and of every officer, enlisted man, servant, agent and employee of any of them. The obligations of the Organization hereunder shall bind the Organization and its directors, officers, servants, agents, employees, successors and assigns. 12. This Agreement between the Unit and the Organization may be terminated at any time by either party upon receipt of thirty (30) days written notice. WHEREFORE, the parties hereto have hereunto set their -hands and seals the day and year first above written. Approved: UNITED STATES ARMY RESERVE COMMAND 841st AEnn_ nj Battalion (Combat) By By V �-- M n ysA s ATTEST: L-