Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Real Property and Real Estate Development
Information
Requested Action
title
MOTION TO APPROVE Assumption of Liability and Hold Harmless Agreement ("Agreement") in substantially the form of Exhibit 1; authorize the County Administrator to approve any required modifications to the Agreement, provided such modifications do not impose any additional material financial risk on the County and are reviewed and approved as to legal sufficiency by the Office of the County Attorney; and authorize the Mayor and Clerk to execute the final agreement. (Commission District 4)
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Why Action is Necessary
Board action is required to enter into agreements regarding indemnification, insurance, maintenance, removal and restoration, and other obligations to be assumed by the County.
What Action Accomplishes
Approval of this item will authorize the County to enter into an Assumption of Liability and Hold Harmless Agreement with the City of Fort Lauderdale, as required by the City, for County-installed improvements located within the Florida Department of Transportation right-of-way.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE REAL PROPERTY AND REAL ESTATE DEVELOPMENT SECTION RECOMMEND APPROVAL OF THE ABOVE MOTION.
As part of the construction of the Broward County Convention Center and Omni Fort Lauderdale Hotel projects, the County installed landscaping and streetscape improvements (“Improvements”) within Florida Department of Transportation (“FDOT”) right-of-way along the north side of the projects. To install and maintain the Improvements within FDOT right-of-way, FDOT requires the applicable local municipality, the City of Fort Lauderdale (“City”), to enter into an agreement with FDOT.
The City and FDOT are parties to an existing District Four Maintenance Memorandum of Agreement for State Road A1A, as amended (“Underlying Agreement”), which establishes certain rights and obligations related to landscaping and streetscape improvements within FDOT right-of-way. To permit the County’s Improvements, the City and FDOT negotiated Amendment No. 22 to the Underlying Agreement (“Amendment 22”).
As a condition of the City entering into Amendment 22, the City requires the County to enter into the Assumption of Liability and Hold Harmless Agreement (“Assumption Agreement”). Under the Assumption Agreement, the County assumes certain obligations and responsibilities otherwise imposed upon the City under the Underlying Agreement and Amendment 22, solely as they relate to the County’s Improvements within the Improvement Area.
Among other obligations, the County assumes responsibility for the maintenance, removal, relocation, or adjustment of the Improvements when required by FDOT; applicable insurance requirements; and certain indemnification and hold harmless obligations. If the County fails to timely remove or restore the Improvements following written direction from FDOT, the City may perform the required work and recover its reasonable costs from the County. The Assumption Agreement also provides that the County is not responsible for improvements or work performed by the City or third parties unless the County provides written consent to such improvements and agrees in writing to assume responsibility for them.
Approval of the Assumption Agreement will satisfy the City’s requirement that the County assume the specified obligations associated with its Improvements and will facilitate execution of Amendment 22 between the City and FDOT.
The Assumption Agreement has been reviewed and approved as to form by the Office of the County Attorney. Following approval by the Board and execution by the County Mayor, the Assumption Agreement will be transmitted to the City of Fort Lauderdale for execution.
Source of Additional Information
Darby P. Delsalle, AICP, Housing and Urban Planning Director, 954-357-9792.
Robert Dennis, Assistant Department Director, Public Works and Environmental Services Department, 954-817-9695.
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.