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HomeMy WebLinkAboutR-1984-036 F 1 t ' RESOLUTION NO . 36-84 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF DANIA, THE CITY OF HOLLYWOOD AND BROWARD COUNTY FOR CONSTRUCTION OF A RESURFACING IMPROVEMENT PROJECT ALONG PORTIONS OF ELY BOULEVARD; AND PROVIDING THAT ALL RESOLU- TIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE. i i WHEREAS , a surfacing problem currently exists along Ely Boulevard, from Sheridan Street to Stirling Road which forms a f common border between the City of Dania and the City of Hollywood ; and WHEREAS , the City of Dania and Broward County have Community Development Block Grant entitlements available to them from HUD to fund a resurfacing improvement project ; and WHEREAS , the City of Dania, the City of Hollywood and Broward County wish to share the estimated $51 , 750 . 00 cost to remedy the i resurfacing problem. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: .r. Section 1. That the appropriate City officials be and they are hereby authorized to execute the attached Agreement between the City of Dania, the City of Hollywood and Broward County for construction of a resurfacing improvement project along portions of Ely Boulevard. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . i Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 9th day of October 1984 . I � MAYOR - COMMISSIONER ! ATTEST : � 1 ITY CLERK - ADUDITOR .E;. 1, ry of ni , Ra. + r ^ /C- rq_ is AGREEMENT THIS AGREEMENT made and entered into this day of , 1984, by and between Broward County, a political subdivision of the State of Florida, hereinafter referred to as "County, " the City of Hollywood, a municipal ti corporation organized under the laws of the State of Florida, hereinafter referred to as "Hollywood, " and the City of Dania, a municipal corporation organzied under the laws of the State of Florida, hereinafter referred to as "Dania. " W I T N E S S E T H: i WHEREAS, a surfacing problem currently exists along i a Ely Boulevard from Sheridan Street to Stirling Road which forms a common border between Hollywood and Dania; and 1 WHEREAS , Hollywood and the County have Community Development Block Grant entitlements available to them from HUD ' to fund a resurfacing improvement project (hereinafter "Pro- ject" ) ; and WHEREAS, Hollywood, Dania and County wish to share the estimated $51 , 750. 00 cost to remedy the surfacing problem: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVE- NANTS CONTAINED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS : 1 . That the above recitations are true and correct. 2 . Location of project : Project shall consist of construction on several sites, as shown by the attached maps, which are incorporated by reference and made a part hereof. Project sites are more particularly described as the following parcels of land: All that land lying within the right-of- way of Ely Blvd. (N. 22nd Avenue) in the City of Hollywood and the City of Dania (S .W. 12th Avenue ) , Broward County, Florida, more particularly described as follows : The easterly 35 feet of Section 4, Town- ship 51, Range 42 East The westerly 35 feet of Section 4, Town- ship 51, Range 42 East . � k y 3. Division of Costs: The overall estimated cost of $51 , 750.00 for the project will be borne in the following manner: County shall contribute $20, 875 . 00, Hollywood shall contribute $25, 875 .00 from their respective Community Development Block Grant funds and Dania shall contribute $5, 000. 00. County's proportional share of any expense shall be 40%, Hollywood 's Proportional share of any expense shall be 50% and Dania 's Proportional share shall be 10%. The parties shall take all I I necessary steps and do all things necessary to insure the continued commitment, receipt and reimbursement of federal monies for the project . 7 1 4 . Project Responsibilities: Hollywood shall in connection with project : ! t (a ) Prepare all drawings, plans and speci- d fications for the project and draw a contract to be let out for j bids. s f (b) Administer the bidding process in conformity with City of Hollywood Ordinance 0-75-18, which is � a incorporated by reference herein and made a part hereof. ( c) Select and award a contract to a qualified and responsible contractor. (d ) Perform all building and other in- spections to insure that work complies with the plans and specifications and monitor the construction of work to insure that it is performed in a timely fashion. County and Dania specifically waive their right to control any phase of the actual bidding, selection or construc- tion processes, or the expenditure of funds in connection therewith. Should County or Dania object to the manner in which i jthe project is being administered or carried out, such objec- tions shall be directed to Hollywood 's Community Development ' v Coordinator who along with Hollywood 's Engineer shall investi- gate the complaints and settle them, if possible. 2 - J 5 . Change Orders and Conti ngencies If during the construction of the project, contingencies arise which make change orders necessary, Hollywood 's Community Development Co- ordinator and Hollywood 's Engineer shall have the authority, following consultation with the County and Dania, to approve and initiate such changes in the project which are judged to be in the public interest as provided for in Hollywood 's Purchasing Ordinance. Where any one or the aggregate of several change orders increase the cost of the project by an amount exceeding three thousand dollars ($3, 000. 00) , such change(s ) shall be formally approved by the governing body of each party prior to commencement of work. To address possible change orders and/or I contingencies, Hollywood has reserved a fund of $6, 000. 00. i 6. Billing and Disbursements All requests for y payment by the contractor will be submitted to Hollywood by the q first of each month. Hollywood shall verify each request and make payment to the contractor by the fifteenth of that month. Hollywood shall submit to County and Dania an itemized account of the costs and expenses attributable to the request for payment . County's and Dania 's share of the monthly costs and expenses shall be calculated at the same percentage as its proportional share of the contract price. County and Dania shall reimburse Hollywood for its proportional share of such payment , Within thirty ( 30) days of receipt of billing by check payable to City of Hollywood Director of Finance, at the address below. 7 . Termination of Agreement . The parties may termi- nate this agreement for cause by giving thirty (30) days written notice to other, except that no such right shall exist following the award of the contract . f 1 9 8 . Notice: Whenever either party desires to give i notice to the other it shall be in writing sent by registered mail , return receipt requested, to the following addresses: For the County Broward County Community Development 4th Floor Mezzanine p Division 115 South Andrews Avenue Fort Lauderdale, Florida 33301 - 3 - �J r For City i Community Development Coordinator Post Office Box 2207 Hollywood, Florida 33022 For Dania I Dania City Hall 100 West Dania Beach Blvd. Dania, Florida 33004 i 3 9. Authorization to Enter Agreement : County, Holly- wood and Dania agree that the legislation required by charter to authorize this agreement shall be passed by the governing body of each within thirty days from the date first brought before it. 1 County, Hollywood and Dania shall exchange certified copies of a the enabling legislation. 10. Responsibility Following_ Completion: Following i completion of the project, each party shall assume responsi- bility and expense for the maintenance of those improvements i � made in their respective jurisdictions . IN WITNESS WHEREOF, the parties herein have executed this agreement, this _day of 1984 . WITNESSES: CITY OF HOLLYWOOD, a munici al corporat ' n of the t to of F1 r 'd YO �ila2ti � ��E�s � +✓ _ Atte t : As to CITY C'ITY C,S,E K I � r Approved: FINANCE DIRECT APPROVED AS^ TO FORM: Y! / ' CITy Ar7ORNEY �LL l 4 - J r . . �°; t COUNTY AT ST: BROWARD COUNTY, through its i BOARD ZOFOUNTY ISSIONERS By : un y A ministrat an Chairman i Ex-Officio Clerk of the / �/' { _. Board of County Commissioners `� day of (AZ C -</ , 1984 of Broward County, Florida Approved as to form by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL, General Counsel 115 South Andrews Avenue 1, Room 423 Fort Lauderdale, Florida 33301 v' Telephone: ( 305 ) 357-7600 / By. n Assistan en/ al ouns 1 DANIA WITNESSES: CITY OF DANIA, a municipal corporation of n the Stat of Florida. By: MAYOR Attest :_m..- & ) A"� s to Dft CI CLERK Approved: � FINANCE DIRECTOR APPROVED AS TO FORM: CITY ATTORNEY 1 - 5 - 8/27/84-DLK:fs J �OMWO' CITY of HOLLYWOOD, FLORIDA I . 3 ° y /> GEN. JOSEPH W. WATSON CIRCLE • P.O. BOX 2207 • ZIP 33022 ro j September 19, 1984 I Mr. Micheal Smith, Personnel Director j City of Dania i 100 W. Dania Beach Blvd. j Dania, Florida 33004 Subject : Joint Funding Agreement for Ely Boulevard Resurfacing Dear Mike, Enclosed are three (3) original funding agreements, executed by the .Hollywood City Commission, for the resurfacing of Ely Boulevard. Please present the documents to your Commission with a resolution (a copy of our resolution is attached) , and approval of the joint • funding agreement . Return a copy of the resolution and the three executed originals so they can be sent to Broward County for their execution. w� i 1 Thank you for your attention to our request , we are most anxious to begin construction to faciliate this project . If you have any questions , please call or contact me . I i Since ely, George Keller, Director Community Development Division GRKj/ab Attachments