The URL can be used to link to this page

Home My WebLink AboutR-1992-109 r1_ i RESOLUTION NO. lOQ-92 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, v ' APPROVING THAT CERTAIN AGREEMENT BETWEEN '+ A„ BROWARD COUNTY AND THE CITY OF DANIA FOR rh THE JOINT FUNDING OF IMPROVEMENTS TO THE DRAINAGE SYSTEM OF BRYAN ROAD AT TIGERTAIL "I BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Agreement between Broward County and the City of Dania for The Joint Funding of Improvements to the Drainage System of Bryan Road at Tigertail Boulevard, 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 August 1992 . ATTEST: MAYOR - qPMMISSIONER I CITY CORK AUDITOR If APPROVED AS TO FORM AND CORRECTNESS: 1 FRANK C. ADLER, City Attorney ;j i b' 109-92 Resolution No. y SY w w' cx ;'�, �:rrv- "«�+':.F;...'^ -3,.tl�..i 'T #r,--^{ Wr s rn.-r: �N^•ra--..:v —.� -777777- I ' 7', i kE A G R E F. M E N T F Between i BROWARD COUNTY f. IY and .•ram CITY OF DANIA, FLORIDA for THE JOINT FUNDING OF IMPROVEMENTS TO THE DRAINAGE SYSTEM OF BRYAN ROAD AT TIGERTAIL BOULEVARD i I 1 ' I I"f.f EXHIBIT "A" 4� s pp bN� aL J 1 t, e I} A G R E E M E N T I - Between . BROWARD COUNTY and CITY OF DANIA, FLORIDA i . for THE JOINT FUNDING OF IMPROVEMENTS TO THE DRAINAGE f SYSTEM OF BRYAN ROAD AT TIGERTAIL BOULEVARD I i This is an Agreement between: BROWARD COUNTY, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," AND The CITY OF DANIA, 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 interest of all parties to make certain improvements to the drainage system of Bryan Road at Tigertail Boulevard; and - WHEREAS, it has been determined that substantial improvements in traffic flow can be made by improvements to the above-referenced intersection; and i WHEREAS, COUNTY and CITY have agreed to share in the coats of these improvements 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 here by agree as follows: i 1. For the purposes of this Agreement, the PROJECT shall be defined as the design, construction and inspection of improvements to the drainage system of Bryan Road at the intersection with Tigertail Boulevard in the City of Dania which design, construction and inspection shall consist of the following: 1.1 Replacement of the existing defective french drain system affecting drainage on Bryan Road at the intersection of Tigertail Boulevard. 1.2 Restoration of the roadway and swale areas affected by the drainage installation. -2- tn-'rl 1 I 2. COUNTY and CITY shall pay the costs of design, construction and inspection 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, construction and inspection 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 construct and inspect the PROJECT. i 4. The cost of the PROJECT will be paid by COUNTY and CITY as follows: + 4.1 The CITY agrees to pay all PROJECT design and inspection costs. 4.2 Tile COUNTY agrees to pay the cost of the PROJECT constructiont id amount of $20,450.00. Tho G1TY—aBTces—r�- t�Y A 'T tnsta_in pyaosa-o�-thn-bid-+�mouwC-of-S29; 4.3 After a consultant and /or contractor in selected, but prior to the award of the contract , CITY shall advise COUNTY to confirm the t contract amount for the PROJECT and the date by which CITY intends to award the contract. Prior to that date, COUNTY shall provide ;.t certification that COUNTY has established a separate PROJECT fund in an amount sufficient to pay CITY in the manner set forth below. 4.4 When CITY awards the contract, COUNTY shall, within thirty (30) 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 i PROJECT. 5. COUNTY and CITY agree that the CITY is authorized to enter into j agreements for the design and construction of the PROJECT. 6. COUNTY and CITY agree to comply with all applicable federal, state and local laws, ordinances, codes and regulations. Engineering ans and specifications cifications i nd Traffic shall be submitted to the Broward County g Engineering Divisions for their review and approval prior to finalizing same. 7. COUNTY and CITY recognize that the 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 d the Board of county Commissioners officers, agents, employees, an 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 virtue sustained by n dthe 4 any person or persons, corporations or property, y � .� performance of CITY, its officers, agents, employees, consultants or contractors in connection with this Agreement. sf y -3- s i , - r fin n '1 n< o i B. CITY agrees that any contract entered into by CITY for the design, construction and inspection of the PROJECT shall provide for the i following: I: 8.1 Indemnify and hold harmless COUNTY, its officers, agents, Commissioners against any and employees, and the Board of County osses, liabilities or expenditures of any all claims, l kind Including, but not limited to, court�nrtandsall suits8eclaims, demands, fees accruing or resulting Y or damages of any character resulting from injuries or damages sustained by any person or persons, corporations or property, by ts svirtue ervants f this or employees innce or that of connection withd the sPROJECT;cand agents, 9. CITY agrees that In any contract entered into by CITY which is a Agreement in which CITY has requiredcontractor contemplated by thi additional insured, CITY ll also or consultant to name CITY as an require that COUNTY and the Board of County cy Commissioners ebe modified or additional insured. Said insurancwri[ten notice to COUNTY- cancelled without thirty (30) days' ts 10. CITY agrees to name COUNTY as a third party beneficiary to all and benefits enjoyed by CITY pursuant to its agreements withh he t the consultant and contractor. + 11. ThisAgreement may be terminated by either party for cause upon thirty (3 days' written notice by the terminating party to the other party. on to the terms or ditions 12• No contained modification, aamendment nd e t effectiveIterar atiunless contained in aonwritten I and with equal dignity hereto. document executed with the same formality 13. CITY shall submit to COUNTY within forty-five (45) days of completion of fE the PROJECT a complete program and financial accounting report of all activities relating to the PROJECT. 1 participation in this PROJECT is contingent upon the contracts 1 14. for design, p P for design, Inspection and construction being awarded within twelve (12) p ' months of the execution of this Agreement. to Hi notice 15• Whenever either party desires re registered u e UnitedStates � J mail, return -� must be given in writing, sent by g for whom it is intended, at receipt requested, addressed the party the place last specified, andd 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 1 parties designate the following as the respective places for giving of k, notice: Y ZrxyrY A ;; µ � -4 ta-, ba FOR COUNTY: t County Administrator ,I Governmental Center, Room 409 115 South Andrews Avenue Fort Lauderdale, FL 33301 j FOR CITY: i City Manager City of Dania 100 West Dania Beach Boulevard Dania, FL 33004 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROUARD COUNTY through Its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to f .execute same by Board action on the day of 19 CITY OF DANIA, signing by and through its, , and authorized to execute same. duly COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and By Ex-Officio Clerk of the JOHN P. HART, Chairman Board of County Commissioners of Broward County, Florida day of , 19 • l 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 Assistant County Attorney Y ' s t A i 1[rtt y � y! F ti �U LL F `7 r I G - AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA, FLORIDA, FOR THE JOINT FUNDING OF IMPROVEMENTS TO THE DRAINAGE SYSTEM OF BRYAN ROAD AT TIGERTAIL - *` BOULEVARD CITY WITNESSES: CITY OF DANIA k i BY i Mayor—Commissioner 1 day of 19_ ATTEST: BY City Manager City Clerk day of 19 (CORPORATE SEAL) APPROVED AS TO FORM: BY City Attorney t' rq d� s el/36 i i i —6— I i k '.n SAL r I I L