HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-051Temp Reso #11988
May 13, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- ,!
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, TO EXECUTE
AN AGREEMENT BETWEEN BROWARD COUNTY
AND THE CITY OF TAMARAC FOR A
MAINTENANCE AGREEMENT IN CONJUNCTION
WITH THE BROWARD COUNTY BUS SHELTER
GRANT PROGRAM; PROVIDING FOR CONDITIONS
OF APPROVAL: PROVIDING FOR CONFLICTS:
PROVIDIN FOR SEVERABILITY• AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Broward County has Federal stimulus funds to provide the installation
of Bus Shelters to local municipalities at bus stop locations that meet a minimum of twenty-
five (25) boardings per day; and
WHEREAS, Broward County has identified sixteen (16) bus stop locations
throughout the City of Tamarac that meet the minimum criteria of boardings per day; and
WHEREAS, the addition of bus shelters will provide shelter for bus stop locations
that are currently heavily utilized by citizens of Tamarac and Broward County; and
WHEREAS, a Maintenance Agreement for Bus Shelters (referred hereto as
"Agreement") is required to be executed between Broward County and The City of
Tamarac; and
WHEREAS, the Director of Community Development recommends approval of this
agreement; and
WHEREAS, the City Commission of the City of Tamarac finds that approving the
Agreement would be in keeping with the public health, safety and general welfare of the
City of Tamarac; and
Temp Reso #11888
May 13, 2011
Page 2
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve this
Agreement to provide shelter for its transit users; and
WHEREAS, the Agreement states that Broward County will furnish and install 16
Bus Shelters at various locations throughout the City based on ridership at no cost to the
City; and
WHEREAS, the Agreement states that the City of Tamarac is responsible for the
maintenance of all bus shelters; and
WHEREAS, the Agreement states that there shall be no advertising on the bus
shelters.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That this Maintenance Agreement for Bus Shelters in
conJunction with Broward County's Bus Shelter Grant program is HEREBY APPROVED.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp Reso #11988
May 13, 2011
Page 3
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent Jurisdiction to be unconstitutional or invalid, in part or in
application, It shall not affect the validity of the remaining portions or applications of this
Resolution.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PETER M. J. R)dHAf3DSON, CRM, CMC
CITY CLERK.
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I HEREBY CERf"ttAAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
AMUhL S. GOR
ITY ATTORNEY
�5 day of !"t , 2011.
P0,442L
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1: COMM. SWENSON c.
DIST 2: V/M GOMEZ
DIST 3: COMM. GLAS R w --
DIST 4: COMM. DRESSLER ..�
AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
for
MAINTENANCE OF BUS SHELTERS
A. 9
AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
for
MAINTENANCE OF BUS SHELTERS
THIS IS AN AGREEMENT made and entered into by and between BROWARD
COUNTY, a political subdivision of the state of Florida, its successors and assigns,
hereinafter referred to as "COUNTY," through its Board of County Commissioners,
AND
CITY OF TAMARAC, a municipal corporation located in Broward County, Florida,
organized and existing under the laws of the state of Florida, hereinafter referred to as
"MUNICIPALITY."
WHEREAS, the parties desire to increase the amenities at bus stops to improve
the comfort of the traveling public; and
WHEREAS, COUNTY has determined that it is cost effective for COUNTY to
furnish and install bus shelter improvements within the jurisdictional limits of
MUNICIPALITY, provided that MUNCIPALITY agrees to maintain the bus shelters upon
installation; and
WHEREAS, MUNICIPALITY has expressed its desire to maintain the
improvements; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and
MUNICIPALITY to improve bus stop comfort by providing bus shelters and other
amenities; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and covenants
hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
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ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 "Agreement" shall mean this document, Articles 1 through 8, inclusive. Other
terms and conditions are included in the exhibits and documents that are
expressly incorporated by reference.
1.2 "Board" shall mean the Broward County Board of County Commissioners.
1.3 "Contract Administrator" shall mean the Broward County Administrator, the
Director of the Transportation Department or designee of such County
Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with MUNICIPALITY and to
manage and supervise execution and completion of the terms and conditions of
this Agreement as set forth herein. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Participation.
1.4 "County Administrator" shall mean the administrative head of COUNTY
pursuant to Sections 3.02 and 3.03 of the Broward County Charter.
1.5 "County Attorney" shall mean the chief legal counsel for COUNTY who directs
and supervises the Office of the County Attorney pursuant to Section 2.10 of the
Broward County Charter.
1.6 "Department" shall mean the Broward County Transportation Department.
1.7 "Bus Shelter(s)" shall mean the bus stop shelter pad(s), shelter structure(s),
trash receptacle(s) and other amenities commonly associated with shelters.
ARTICLE 2
SCOPE
COUNTY and MUNICIPALITY shall:
2.1 COUNTY shall install or cause to be installed Bus Shelter(s) which are described
and located as set forth on Exhibit "A" within the jurisdiction of MUNICIPALITY.
The installation of the Bus Shelter(s) shall be at no cost to MUNICIPALITY. Prior
to installation of a Bus Shelter, the COUNTY shall obtain a building permit from
the MUNICIPALITY. The Bus Shelters shall remain the property of COUNTY.
MUNICIPALITY shall provide easement(s) in a form acceptable to COUNTY prior
to the installation of the Bus Shelter(s), where applicable, if requested by
COUNTY. MUNICIPALITY shall have the authority to inspect the Bus Shelters
prior to acceptance of Bus Shelters for maintenance purposes. COUNTY shall
WI
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provide MUNICIPALITY with written notice of the installation of the Bus Shelter,
and MUNICIPALITY shall have three (3) business days, excluding holidays, to
inspect the Bus Shelter and advise COUNTY, in writing, of any issues regarding
the installation. The MUNCIPALITY shall provide COUNTY with written notice of
the MUNICIPALITY's acceptance of the Bus Shelter. In the event the
MUNICIPALITY identifies any issues regarding the installation of the Bus Shelter,
COUNTY shall take all reasonable steps to promptly address the issues
identified in the MUNICIPALITY's notice. COUNTY shall warrant the installation
of the Bus Shelters for a period of one year following written acceptance by the
MUNICIPALITY, and the COUNTY shall assign any warranties for the Bus
Shelters to the MUNCIPALITY.
2.2 MUNICPALITY agrees to maintain, at its sole cost and expense, the Bus
Shelter(s) set forth on Exhibit "A," in compliance with any and all applicable laws
which shall include, but not be limited to, laws and regulations relating to the
Americans with Disabilities Act of 1990, as currently enacted or as may be
amended from time to time ("ADA"). The Bus Shelter(s) shall be kept clean and
free from trash and debris. The Bus Shelter(s) shall be kept free of graffiti. As
part of the maintenance responsibility, MUNCIPALITY shall at all time keep Bus
Shelters in good repair and replace, defective, damaged or worn out parts of the
Bus Shelter(s). MUNICIPALITY's responsibility to keep the Bus Shelter(s) in
good repair shall include all necessary maintenance of any type or nature,
including, but not limited to, maintenance, repair and replacement of defective,
damaged or worn out parts due to normal wear and tear, acts of God, vandalism
and accidents. MUNCIPALITY shall take all necessary steps to maintain the Bus
Shelters in a manner to protect against injury to any person or property.
In the event that a Bus Shelter should suffer significant damage, MUNICIPALITY
shall immediately report the damage to COUNTY and MUNICIPALITY shall
immediately take any and all steps reasonably necessary to protect against injury
to any person or property. Significant damage shall mean damage to the Bus
Shelter which renders the Bus Shelter no longer suitable to meet and perform
adequately for the purpose for which is was constructed and it may not be safely
maintained within the parameters set forth by the manufacturer. Following a
determination by COUNTY, in consultation with MUNICIPALITY, that the Bus
Shelter has suffered significant damage and that the Bus Shelter is beyond
repair, MUNICIPALITY shall remove the Bus Shelter no later than three (3)
business days, excluding holidays, following receipt of written notice of
COUNTY's determination. COUNTY's determination relating to the ability to
repair the Bus Shelter shall be final. Neither COUNTY nor MUNICIPALITY shall
be required to replace a shelter which has suffered significant damage and been
deemed by the COUNTY to be beyond repair. In the event that COUNTY, in its
sole discretion shall replace a Bus Shelter, MUNICIPALITY acknowledges and
agrees that all terms and conditions of this Agreement shall apply to the
replacement Bus Shelter.
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2.3 All Bus Shelter(s) shall at all times have a notification sign posted with the name
and phone number of the contact person for MUNICIPALITY responsible for
maintenance of the Bus Shelter(s) so that members of the public may contact
MUNICIPALITY regarding problems with the Bus Shelter(s). MUNICIPALITY
shall promptly respond and correct all complaints regarding maintenance.
2.4 COUNTY and MUNICIPALITY agree and understand that this Agreement does
not change the COUNTY road functional classification.
2.5 No advertisements will be permitted on Bus Shelters.
2.6 The maintenance obligations of the MUNICIPALITY as set forth in this
Agreement may be performed by MUNICIPALITY through the use of its
employees or MUNICIPALITY may enter into a contract with a third party to
perform the services. In the event MUNICIPALITY contracts with third party,
MUNICIPALITY shall remain fully responsible hereunder and shall ensure that its
contractor complies at all times with each and every term, condition, duty, and
obligation set forth herein.
ARTICLE 3
TERM AND TERMINATION
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for in Sections 3.2 through 3.6, herein
below.
3.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board if MUNICIPALITY has not corrected the breach within thirty (30) days of
written notice given by COUNTY to MUNICIPALITY setting forth the breach. If
MUNICIPALITY corrects the breach within thirty (30) days after written notice of
same, to the sole satisfaction of COUNTY, the Agreement shall remain in full
force and effect. If such breach is not corrected and improved within thirty (30)
days of receipt of notice of breach, COUNTY may terminate the Agreement.
Specifically in the case of MUNICIPALITY's requirement to maintain the
Property, COUNTY, at the option of Contract Administrator, may cause such
breach to be corrected and improved and bill MUNICIPALITY for the costs of
such correction and improvement, or terminate this Agreement. If COUNTY opts
to correct and improve the breach, and bills MUNICIPALITY for same,
MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty
(30) days of MUNICIPALITY's receipt thereof.
3.3 Termination of this Agreement for cause shall include, but not be limited to,
failure of MUNICIPALITY to suitably perform the services required by Article 2
herein, failure of MUNICIPALITY to maintain the Bus Shelter(s) pursuant to the
terms of this Agreement, or a failure of MUNICIPALITY to continuously perform
the services required by the terms and conditions of this Agreement in a manner
calculated to meet or accomplish the objectives set forth herein, notwithstanding
5-02
whether any such breach was previously waived or cured.
3.4 This Agreement may be terminated for convenience by COUNTY upon thirty (30)
days' written notice given by COUNTY to MUNICIPALITY. This Agreement may
also be terminated by County Administrator upon such notice as County
Administrator deems appropriate in the event that County Administrator
determines that termination is necessary to protect the public health, safety, or
welfare.
3.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or
incurring additional expenses under the terms of this Agreement.
MUNICIPALITY acknowledges and agrees that Ten Dollars ($10.00), the
adequacy of which is hereby acknowledged by MUNICIPALITY, is given as
specific consideration to MUNICIPALITY for COUNTY's right to terminate this
Agreement for convenience.
3.6 Notice of termination shall be provided in accordance with the Article 5,
"NOTICES," except that notice of termination by County Administrator which
County Administrator deems necessary to protect the public health, safety, or
welfare may be verbal notice which shall be promptly confirmed in writing in
accordance with Article 5, "NOTICES."
ARTICLE 4
CHANGES IN SCOPE
Any change to the Scope must be accomplished by a written amendment,
executed by the parties in accordance with Section 8.12 below.
ARTICLE 5
NOTIN=R
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or by hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Director, Broward County Transportation Department
3201 West Copans Road
Pompano Beach, Florida 33069
FOR MUNICIPALITY:
City of Tamarac
City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
ARTICLE 6
INDEMNIFICATION
6.1 MUNICIPALITY and COUNTY are state agencies or political subdivisions as
defined in Section 768.28, Florida Statutes (2006), as may be amended, and
agree to be fully responsible for acts and omissions of its agents or employees to
the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or political
subdivision of the state of Florida to be sued by third parties in any matter arising
out of this Agreement or any other contract.
6.2 In the event that MUNICIPALITY contracts with a third party to provide the
services set forth herein, addressed herein above, any contract with such third
party shall include the following provisions:
6.2.1 Indemnification: MUNICIPALITY's contractor shall indemnify and hold
harmless COUNTY, its officers and employees, from liabilities, damages,
losses, and costs, including, but not limited to, reasonable attorneys' fees,
to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of MUNICIPALITY's contractor and persons
employed or utilized by MUNICIPALITY's contractor in the performance of
this Agreement. Except as specifically provided herein, MUNICIPALITY's
contractor shall not be required to indemnify COUNTY from any damages
directly caused or resulting from the sole negligence of COUNTY, its
officers, agents or employees. These indemnifications shall survive the
term of this Agreement.
6.2.2 In order to insure the indemnification obligation, MUNICIPALITY's
contractor shall, at a minimum, provide, pay for, and maintain in force at
all times during the term of this Agreement (unless otherwise provided),
the insurance coverages set forth in Article 7, Section 7.2, in accordance
with the terms and conditions required by this Article.
6.2.3 For any policies referred to in Section 6.2.2, which require the payment of
a deductible, the deductible shall be paid by the Municipality's contractor.
The policies referred to in Section 6.2.2 shall be issued by United States
Treasury approved companies authorized to do business in the state of
Florida, and having agents upon whom service of process may be made in
Broward County, Florida.
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ARTICLE 7
INSURANCE
7.1 MUNICIPALITY is an entity subject to Section 768.28, Florida Statutes, as may
be amended, and MUNICIPALITY shall furnish Contract Administrator with
written verification of liability protection in accordance with state law prior to final
execution of this Agreement. Additionally, if MUNICIPALITY elects to purchase
excess liability coverage, MUNICIPALITY agrees that COUNTY will be furnished
with a Certificate of Insurance listing the Broward County Board of County
Commissioners as certificate holders and as additional named insureds.
7.2 In the event that MUNICIPALITY contracts with a third party to provide the
services set forth herein, any contract with such third party shall include, at a
minimum, the following provisions:
7.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of
this Agreement keep and maintain in full force and effect, at contractor's
sole cost and expense, insurance of the types and amounts as set forth on
Exhibit "B," a copy of which is attached hereto and incorporated herein by
reference as if set forth in full, and shall name COUNTY and Broward
County Board of County Commissioners as an additional insured.
7.2.2 MUNICIPALITY's contractor shall furnish to Contract Administrator
Certificates of Insurance or Endorsements evidencing the insurance
coverages specified by this Article prior to beginning the performance of
work under this Agreement.
7.2.3 Coverage is not to cease and is to remain in full force and effect (subject
to cancellation notice) until all performance required of MUNICIPALITY's
contractor is completed. All policies must be endorsed to provide
COUNTY with at least thirty (30) days' notice of cancellation and/or
restriction. If any of the insurance coverages will expire prior to the
completion of the work, copies of renewal policies shall be furnished at
least thirty (30) days prior to the date of their expiration.
7.2.4 For any policies referred to above, which require the payment of a
deductible, the deductible shall be paid by the Municipality's contractor.
The policies shall be issued by United States Treasury approved
companies authorized to do business in the state of Florida, and having
agents upon whom service of process may be made in Broward County,
Florida.
7.2.5 The foregoing requirements represent minimum coverages that shall be
contained in MUNICIPALITY's contracts with a third party. Any additional
requirements for professional liability, property/builders risk, installation
floater, and environmental or pollution shall be subject to
MUNICIPALITY's standard requirements for the Project.
ARTICLE 8
MISCELLANEOUS
8.1 AUDIT RIGHT AND RETENTION OF RECORDS.
COUNTY shall have the right to audit the books, records, and accounts of
MUNCIPALITY and its subcontractors that are related to this Agreement.
MUNCIPALITY and its subcontractors shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries
related to the Project. All books, records, and accounts of MUNCIPALITY and its
subcontractors shall be kept in written form, or in a form capable of conversion
into written form within a reasonable time, and upon request to do so,
MUNCIPALITY or its subcontractor, as applicable, shall make same available at
no cost to COUNTY in written form.
MUNCIPALITY and its subcontractors shall preserve and make available, at
reasonable times for examination and audit by COUNTY, all financial records,
supporting documents, statistical records, and any other documents pertinent to
this Agreement for the required retention period of the Florida Public Records
Act, Chapter 119, Florida Statutes, as may be amended from time to time, if
applicable, or, if the Florida Public Records Act is not applicable, for a minimum
period of three (3) years after termination of this Agreement. If any audit has
been initiated and audit findings have not been resolved at the end of the
retention period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by COUNTY to be applicable to
MUNCIPALITY's and its subcontractors' records, MUNCIPALITY and its
subcontractors shall comply with all requirements thereof; however, no
confidentiality or non -disclosure requirement of either federal or state law shall be
violated by MUNCIPALITY or its subcontractors. Any incomplete or incorrect
entry in such books, records, and accounts shall be a basis for COUNTY's
disallowance and recovery of any payment upon such entry.
MUNCIPALITY shall, by written contract, require its subcontractors to agree to
the requirements and obligations of this Section 8.2.
8.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT.
MUNICIPALITY shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. MUNICIPALITY shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by COUNTY, including Titles I and II of
W
the ADA (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards. In addition, MUNICIPALITY
shall take affirmative steps to ensure nondiscrimination in employment against
disabled persons. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and
accessibility.
8.2.1 MUNICIPALITY's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation (Broward County Code, Chapter
16'/z), national origin, marital status, physical or mental disability, political
affiliation, or any other factor which cannot be lawfully used as a basis for
service delivery.
8.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice
in violation of the Broward County Human Rights Act (Broward County
Code, Chapter 16Y2) in performing any services pursuant to this
Agreement.
8.3 INDEPENDENT CONTRACTOR
MUNCIPALITY is an independent contractor under this Agreement. Services
provided by MUNCIPALITY pursuant to this Agreement shall be subject to the
supervision of MUNCIPALITY. In providing such services, neither
MUNCIPALITY nor its agents shall act as officers, employees, or agents of
COUNTY. No partnership, joint venture, or other joint relationship is created
hereby. COUNTY does not extend to MUNCIPALITY or MUNCIPALITY's agents
any authority of any kind to bind COUNTY in any respect whatsoever.
8.4 THIRD PARTY BENEFICIARIES.
Neither MUNICIPALITY nor COUNTY intends to directly or substantially benefit a
third party by this Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Agreement and that no third party shall be entitled to
assert a claim against either of them based upon this Agreement. The parties
expressly acknowledge that it is not their intent to create any rights or obligations
in any third person or entity under this Agreement.
8.5 ASSIGNMENT AND PERFORMANCE.
Neither this Agreement nor any right or interest herein shall be assigned,
transferred, or encumbered without the written consent of the other party. In
addition, MUNCIPALITY shall not subcontract any portion of the work required by
this Agreement, except as authorized herein. COUNTY may terminate this
M111
Agreement, effective immediately, if there is any assignment, or attempted
assignment, transfer, or encumbrance, by MUNCIPALITY of this Agreement or
any right or interest herein without COUNTY's written consent.
MUNCIPALITY represents that each person who will render services pursuant to
this Agreement is duly qualified to perform such services by all appropriate
governmental authorities, where required, and that each such person is
reasonably experienced and skilled in the area(s) for which he or she will render
his or her services.
MUNCIPALITY shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of MUNCIPALITY's
performance and all interim and final product(s) provided to or on behalf of
COUNTY shall be comparable to the best local and national standards
8.6 MATERIALITY AND WAIVER OF BR
COUNTY and MUNCIPALITY agree that each requirement, duty, and obligation
set forth herein was bargained for at arms' -length and is agreed to by the parties
in exchange for quid pro quo, that each is substantial and important to the
formation of this Agreement and that each is, therefore, a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver
of any breach of a provision of this Agreement shall not be deemed a waiver of
any subsequent breach and shall not be construed to be a modification of the
terms of this Agreement.
8.7 COMPLIANCE WITH LAWS.
MUNICIPALITY shall comply with all federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
8.8 SEVERANCE.
In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An
election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
8.9 JOINT PREPARATION.
Each party and its counsel have participated fully in the review and revision of
this Agreement and acknowledge that the preparation of this Agreement has
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been their joint effort. The language agreed to expresses their mutual intent and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
8.10 PRIORITY OF PROVISIONS.
If there is a conflict or inconsistency between any term, statement, requirement,
or provision of any exhibit attached hereto, any document or events 'referred to
herein, or any document incorporated into this Agreement by reference and a
term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 8 of this
Agreement shall prevail and be given effect.
8.11 JURISDICTION, VENUE, WAIVER OF JURY
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. All parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights
hereunder, shall be exclusively in the state courts of the Seventeenth Judicial
Circuit in Broward County, Florida, and venue for litigation arising out of this
Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other
jurisdictional device. BY ENTERING INTO THIS AGREEMENT, MUNICIPALITY
AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO
THIS AGREEMENT.
8.12 AMENDMENTS.
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by COUNTY and
MUNICIPALITY or others delegated authority to or otherwise authorized to
execute same on their behalf.
8.13 PRIOR AGREEMENTS.
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
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representations or agreements, whether oral or written.
8.14 INCORPORATION BY REFERENCE.
The truth and accuracy of each "Whereas" clause set forth above is
acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated
into and made a part of this Agreement.
8.15 REPRESENTATION OF AUTHORITY
Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute
this Agreement on behalf of such party and does so with full legal authority.
8.16 MULTIPLE ORIGINALS.
Multiple copies of this Agreement may be executed by all parties, each of which,
bearing original signatures, shall have the force and effect of an original
document.
(REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
MICE
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or
Vice-
Mayor, authorized to execute same by Board action on the �- ay of ST
201(, and CITY OF TAMARAC, signing by and through its U duly
authorized to execute same.
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COUNTY:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
/ mayor
day• ••
Approved as to form by
Office of County Attorney
Broward County, Florida
JONI ARMSTRONG COFFEY,
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Tel er: (954) 357-6968
By
Sharon V. Thorsen
Senior Assistant County Attorney
Approved by:
Noel M. Fyfeffer, Deputy County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
MAINTENANCE OF BUS SHELTERS
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MUNICIPALITY:
THE CITY OF TAMARAC
By
PAJA.J.-
Mayor-Cbmmissio
day of , 20-L�L.
77
Ma ager
day of Wit 20A.
APPROVED AS TO FORM:
By /�,u
It Attorney
SVF:slw
5/20/11
3/3/11
2/28/11
5/27/10
TRANS ITbussheltersmai ntenanceTAMARAC
09-114.09
HA2005\050164 TAMARAC\AGMTS\Bus Shelter Maintenance ILA (5-5-11).docx
-15-
PROJECT IMPROVEMENT AND SCOPE
Summary of Work
Install bus shelters and associated amenities at 16 separate locations throughout the
City of Tamarac, in accordance with the attached list of locations (see table below). The
shelters shall be manufactured and installed in accordance with the manufacturer's
specifications. ,
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O
W
O
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Z
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2
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U
N
197
UNIVERSITY DR
MCNAB RD
NB
IF
L
N
N
N
N
N
STATE
TAMARAC
250
UNIVERSITY DR
NW78th STREET
SB
F
L
Y
N
Y
N
Y
STATE
TAMARAC
251
UNIVERSITY DR
MCNAB RD
SB
N
L
Y
N
Y
N
Y
STATE
TAMARAC
252
UNIVERSITY DR
MCNAB RD
SB
F
L
Y
N
Y
N
Y
STATE
TAMARAC
254
UNIVERSITY DR
NW 57 ST
56
N
L
Y
N
Y
N
Y
STATE
TAMARAC
COMMERCIAL
1273
SR 7
BLVD
SB
F
M
Y
N
Y
Y
Y
STATE
TAMARAC
1686
MCNAB RD
NW 84 AVE
EB
F
S
Y
N
Y
N
N
COUNTY
TAMARAC
COMMERCIAL
2231
NW 31 AVE
BLVD
SB
F
S
Y
N
Y
N
N
COUNTY
TAMARAC
2870
MCNAB RD
UNIVERSITY DR
WB
F
S
Y
N
Y
N
N
COUNTY
TAMARAC
2883
MCNAB RD
UNIVERSITY DR
EB
F
M
Y
N
Y
N
Y
COUNTY
TAMARAC
3207
UNIVERSITY DR
NW 83 ST
SB
F
L
Y
N
Y
N
Y
STATE
TAMARAC
3222
UNIVERSITY DR
NW 57 ST
NB
N
M
Y
N
Y
N
N
STATE
TAMARAC
COMMERCIAL
3324
BLVD
NW 64 AVE
WB
F
S
Y
N
Y
N
Y
STATE
TAMARAC
COMMERCIAL
4353
BLVD
UNIVERSITY DR
WB
F
S
Y
N
Y
N
N
STATE
TAMARAC
COMMERCIAL
4610
BLVD
SR 7
WB
F
S
Y
N
Y
N
N
STATE
TAMARAC
COMMERCIAL
5098
BLVD
SR 7
EB
F
MP
Y
N
I Y
N
N
STATE
TAMARAC
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EXHIBIT "Brr
INSURANCE REQUIREMENTS
The following c:overaoe is deemed appropriate for minimum insurance requirements for this project and will be required of the selected
firm in the n otiated a mernant Any deviation or change dun
§S22e of Swim: Bus Shelter Maintenance
Re"ostorfDivision: A. Douglas - Transportation
TYPE OF INSURANCE
GENERAL LIABILITY I Certificate Holder must be additional
Insured
y Commercial General
Prerrdse t-Operaitione
Explosion ✓L Collapse
Underground Hazard
ProductalCorpMted Operations Hazard
Contractual knuraince
Broad Form Property Damage (Independent
Contractors)
r Broad Form Property Damage
Garage Keepers
• ComprehensWe Form • Owned • Hired
Non -Owned • Any Auto
EXCESS LIABILITY / Certificate Holder most be additional
Insured
I..... UrnbreNa Form
W Other Then Umbreb Form
POLLUTION"
& ENVIRONMENTAL IMPAIRMENT
LIIAB
Fllf:itl 4�i
�rar
Certificate Helder
Broward County Board of County Commissioners
Risk Management Division, RM 210
116 South Andrews Avenue:
Fort Lauderdale. Ft 33301
Limits on Liability in Thousands of Dollars
Each Occurrence Zar-agl
Bodily Injury and
Property Damage
Combined
Personal Injury
$1,000K i $1,000K
Bodily Injury and S&UQK(Waived, If
Propene Damage delivered by $500K
Combined Third Party)
Bodily Injury and
property Damage $K ±IK
Combined
Max. fK $K
Ded.
s
4x) STATUTORY
(each accident)
I $100K
WORKER'S COMPENSATION AND EMPLOYER'S
NOTE " - It the Company is exempt from Workers' Compensatbn
LIABILITY (NOTE') if any operations are to be
undertaken on or about navigable waters. coverage must be
Coverage. please provide a letter on company letterhead or a
included for U.S Longshoremen 6 Harbor Workers:Act/ &
copy of the State's exemption which documents this status and
Jones Act
attachd to the C'ert ficate of insurance for approval.
PROFESSIONAL LAY - E&O
Max
$ K
Ded. K
(Contractor shall maintain E&O in force for 2 years after
completion of all work required)
VENDOR RESPONSIBLE FOR CIEDUCTIBI.E
PROPERTY COVERAGE 1 BUILDERS RISK
Max
mod" $K
-- — i
Agreed value
Replacement Cost
Subject to waiver based on type and nature of project. Wind
Max Ded. 10K All Perlis Except Wind or Flood
Peril not to exceed 5 % of Project
Installation floater required for projects greater than S50k.
Agreed value Replacement Cost
Contractor responsible for all
etc., until
I CANCELLATION; RECOMMENDED Thirty (30) Day written notice of cancellation required to the Certificate Holder
. w.•�mr«a car.
Date: Authorized Signature
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