Loading...
HomeMy WebLinkAboutR-1990-088 RESOLUTION NO. 88-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, DIVISION OF PLANNING AND PROGRAMS, AND THE CITY OF DANIA, RELATING TO BIKE PATH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Joint Participation Agreement- Between the State of Florida Department of Transportation , Division of Planning and Programs, and the City of Dania, relating to bike path, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved , and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this llth day of September 1990. 0 - COM SS R ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS : FRANKK C.�AD ER, y Attorney Resolution No. 88-90 Page 1 of 5 WPI No. 4110775 F.A. No. N/A SAMAS A PProp. N/A Fund Code 010 SAMAS Object N/A Job No. 86030-3538 Contract No. Org. Code N/A Vendor No. N/A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DIVISION OF PLANNING AND PROGRAMS JOINT PARTICIPATION AGREEMENT ------------------------------------------------------------------------------ THIS AGREEMENT, entered into this day of 19 _, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and THE CITY OF DANIA, hereinafter called the CITY. WITNESSETH WHEREAS, the CITY is desirous of having the DEPARTMENT make certain improvements in connection with State Project Number 86030-3538 (WPI No. 4110775) located in Broward County, Florida; and WHEREAS, the CITY is prepared to fund certain improvements described as follows hereinafter referred to as the PROJECT: Construction Of four (4) foot paved shoulders to accomodate bicyclists along SR A-1-A/Dania Beach Boulevard, from Gulfstream Road (curb & gutter section) to Intercoastal Bridge. WHEREAS, the completion of the Project is in the interest of both the DEPARTMENT and the CITY, EXHIBIT "A" WPI No. 4110775 Page 2 of 5 WHEREAS, the CITY, by resolution dated September 11, 1990, a copy of which is attached hereto and made a part hereof, has authorized the CITY to enter into this Agreement, NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The DEPARTMENT will prepare the plans, specifications and estimates for the PROJECT. These shall conform to DEPARTMENT standards. 2. The DEPARTMENT will let and administer construction of the PROJECT. 3. The CITY agrees that it will furnish the DEPARTMENT a lump sum payment of Fifty Thousand Dollars ($50,000.00) prior to the award of the construction contract. The DEPARTMENT may utilize this deposit for the payment of Project No. 86030-3538. 4. This agreement or any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 5. This Agreement shall continue in effect and be binding to both the CITY and the DEPARTMENT until the project is completed and appropriate reimbursements are made. WPI No. 4110775 Page 3 of 5 6. In the event this Agreement is in excess of Twenty-five thousand dollars ($25,000.00) or has a term for a period of more than one year, the provisions of Chapter 339.135(7) (a) , Florida Statutes are hereby incorporated. 'The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The department shall require a statement from the Comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year.' 7. The DEPARTMENT agrees to keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures and other items incidental to the offering for public bid and prosecution and construction of the PROJECT. B. Such books and records shall be available at all reasonable times for examination and audit by the CITY as well as other State and Federal auditors and shall be kept for a period of five (5) years after the completion of all work to be performed pursuant to this Agreement. WPI No. 4110775 Page 4 of 5 9. The CITY warrants that it has not employed or obtained any company or person, other than bonafide employees of the CITY to solicit or secure this Agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bonafide employee employed by the CITY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 10. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 11. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understanding applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 1� Page 5 of 5 IN WITNESS WHEREOF, the CITY has caused this Joint Participation Agreement to be executed in its behalf this day of , 19 _, by the Mayor, authorized to enter into and execute sane by Resolution No. 88-90 of the Board on the llth day of September 1990, and the DEPARTMENT has executed this Joint Participation Agreement through its District Secretary for District Four, Florida Department of Transportation, this day of 19 The effective date of this Agreement shall be the date the last party / to this Agreement has signed. LOCAL GOVERNMENT STATE OF FLORIDA , FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: MAYOR DISTRICT SECRETARY ATTEST: ATTEST: CITY CLERK SEAL EXECUTIVE SECRETARY SEAL APPROVED: APPROVED: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: CITY ATTORNEY DISTRICT LEGAL COUNSEL L�