HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-003 70th Avenue Traffic Calming Project Surtax ILATemp. Reso. 13725
December 15, 2021
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2022 — OP�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING THE INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: 70TH
AVENUE TRAFFIC CALMING PROJECT/TAMA-003.1 (ILA), ATTACHED
HERETO AS EXHIBIT "1"; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance public
transportation and multi -modal connectivity throughout the City; and
WHEREAS, for Tamarac transportation projects to be considered for surtax
funding, the County required the adoption of the Transportation System Surtax Interlocal
Agreement with Broward County, the Broward Metropolitan Planning Organization and
Broward municipalities; and
WHEREAS, such Interlocal Agreement and subsequently the first and second
amendments to this Agreement were adopted by Tamarac City Commission on
September 26, 2018 via Resolution No. R-2018-125 and October 10, 2018 via the
Resolution No. R 2018-129, on July 10, 2019 via Resolution No. R-2019-67 and on
February 24, 2021 via No. R-2021-019, respectively; and
WHEREAS, Broward County voters approved a 30-year, one percent surtax for
transportation in November 2018 and the first distribution of surtax revenues was received
by Broward County from the Florida Department of Revenue in March 2019; and
Temp. Reso. 13725
December 15, 2021
Page 2
WHEREAS, the City of Tamarac was awarded Cycle 1 transportation surtax
funding for four capital projects, including 70" Avenue Traffic Calming Project/TAMA-
003.1, and one Rehabilitation and Maintenance (R&M) project for a total award amount
of up to $4,047,058; and
WHEREAS, the approval and execution of the Interlocal Agreement between
Broward County and the City of Tamarac for Surtax -funded Municipal Transportation
Project: 70t" Avenue Traffic Calming Project/TAMA-003.1 (ILA), attached HERETO as
Exhibit 1, is necessary to receive the allocated surtax funds in the amount of up to
$528,902 for the 7011 Avenue Traffic Calming Project (Project); and
WHEREAS, the Directors of Community Development and Public Services
recommend approval of the ILA in order to receive surtax funds for the Project; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to approve the ILA to receive
surtax funds for the Project and authorize the appropriate City officials to take any and all
actions necessary to effectuate the intent of this Resolution.
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. All exhibits attached HERETO and referenced HEREIN are expressly
incorporated and made a specific part of this Resolution.
Temp. Reso. 13725
December 15, 2021
Page 3
Section 2: The City Commission of the City of Tamarac HEREBY approves the
Interlocal Agreement between Broward County and the City of Tamarac for Surtax -funded
Municipal Transportation Project: 70th Avenue Traffic Calming Project/TAMA-003.1.
Section 3: The City Commission of the City of Tamarac HEREBY authorizes the
appropriate City officials to take any and all actions necessary to effectuate the intent of
this Resolution.
Section 4: All Resolutions in conflict herewith are HEREBY repealed to the extent
of such conflict.
Section 5: 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 portion or applications of this
Resolution.
"The remainder of this page has been left blank intentionally"
Temp. Reso. 13725
December 15, 2021
Page 4
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this gy'_ day of � �1 �_, 2022.
ICHELLE J. GO.ME-
MAYOR
ATTEST:
JEN IFER J NSO ; C C
CITY CLE
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ "
DIST 1: COMM. BOLTON 4jelts
DIST 2: V/M GELIN
DIST 3: COMM VILLALOBOS 0,�
DIST 4: COMM. PLACKO Jjed
I HEREBY CERTIFY that I have 2approved this Resolution as
to form.
*N R. HERIN
TY ATTORN
BR `AARD
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT:
70TH AVENUE TRAFFIC CALMING PROJECT/TAMA-003.1
This Interlocal Agreement ("Agreement") is made and entered by and between Broward
County, a political subdivision of the State of Florida ("County"), and City of Tamarac, a
municipality of the State of Florida ("Municipality") (each a "Party" and collectively referred to
as the "Parties").
RECITALS
A. In November 2018, Broward County voters approved a 30-year sales surtax (also
known as "Penny for Transportation") to fund s�atutorily-permissible transportation
expenditures.
B. All projects, County, State, and municipal, funded by the transportation surtax are
evaluated for eligibility under Section 212.055(1), Florida Statutes, by the independent
Transportation Surtax Oversight Board before the Broward County Board of County
Commissioners makes the final decisions regarding project funding.
C. A process has been established pursuant to which surtax -funded staff at the
Broward Metropolitan Planning Organization ("MPO") prioritize municipal projects, with the
exception of municipal rehabilitation and maintenance projects, and make recommendations for
funding. The first round of ranking of municipal capital projects was recently completed by the
MPO following extensive and detailed discussions with the submitting municipalities, and the
Project contemplated in this Agreement was included in that review and ranking.
D. The municipal Project defined herein has been determined statutorily eligible for
funding and subsequently approved for funding by the Broward County Board of County
Commissioners.
E. The purpose of this Agreement is to set forth the terms and conditions for County
to provide transportation surtax funding for the Project and the terms and conditions for
Municipality to complete the Project. Municipality will implement the Project, as funded by
County with surtax funding, in accordance with the terms of this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1. Board means the Board of County Commissioners of Broward County, Florida.
1.2. Contract Administrator means the County Administrator or such other person designated
by the County Administrator in writing.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 1 of 42
1.3. Contractor means the persons, firms, or corporaticns with whom Municipality has or will
contract for the performance of the Project.
1.4. Consultant means the architect or engineer who has contracted with Municipality or who
is an employee of Municipality, and provides programming, design, construction management,
engineering, and inspection, or other professional services for the Project.
1.5. County Business Enterprise or CBE means an entity certified as meeting the applicable
requirements of Section 1-81, Broward County Code of Ordinances.
1.6. Maximum Funding Amount means the maximum funding amount stated in Section 5.4.
1.7. Oversight Board means the independent Transportation Surtax Oversight Board created
pursuant to Section 31%-75 of the Broward County Code of Ordinances.
1.8. Project means the project described in Exhibit A.
1.9. Project Manager means John E. Doherty, P.E. Assistant Public Services Director/Capital
Projects Manager for Municipality.
1.10. Subcontractor means an entity or individual providing services to Municipality through
Contractor or Consultant for all or any portion of the Project. The term "Subcontractor" includes
subconsultants.
1.11. Surety means the surety company or individual that is bound by the performance bond
and payment bond and that is responsible for Contractor's or Consultant's acceptable and timely
performance and completion of the Project under this Agreement and for the payment of all
debts pertaining thereto in accordance with Section 255.05, Florida Statutes.
1.12. Surtax -Funded Projects means any project, including without limitation the Project
described in Exhibit A, that is funded in whole or in part by the transportation surtax collected
pursuant to Section 212.055(1), Florida Statutes.
ARTICLE 2. EXHIBITS
Exhibit A
Project Description and Project Schedule
Exhibit B
Funding Schedule
Exhibit C
Reporting Requirements
Exhibit D
Form Contracts
Exhibit E
Municipal Resolution Authorizing Execution of Agreement
ARTICLE 3. PROJECT DESCRIPTION; COMPETITIVE PROCUREMENT; PERMITTING
3.1. Project Description and Project Schedule. Municipality shall perform, or cause to be
performed, the Project in accordance with the Project Description and the Project Schedule set
forth in Exhibit A. The Project Description is a general description of the Project and is deemed
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 2 of 42
to include preliminary considerations and prerequisites, and all labor, materials, equipment, and
tasks that are such an inseparable part of the Project described that exclusion of any of them
would be impractical, illogical, or unconscionable.
3.2. Municipal Responsibility for the Project. Municipality is solely responsible for the Project,
subject to the terms of this Agreement. County has no responsibility for the construction means,
methods, techniques, sequences, or procedures employed in the performance of the Project.
Municipality shall be solely responsible for retention, supervision, and payment of Contractor,
Consultant, and all Subcontractors. Municipality shall be solely responsible for securing any and
all property rights or permits required by the Project. Nothing in this Agreement shall impose on
County an obligation to assume any contract or subcontract, or to make payment to Contractor,
Consultant, or any Subcontractor, vendor, or supplier, or to perform the Project or any portion
thereof, or to supply any goods or services for the Project. Further, nothing contained herein
shall create any contractual relationship between County and Contractor, Consultant, or any
Subcontractor, vendor, or supplier.
3.3. Competitive Procurement; Consultants' Competitive Negotiation Act. Except to the
extent the Contract Administrator has approved utilization of an existing contract by Municipality
for the services to be performed by Contractor or Consultant, Municipality must provide the
proposed solicitation(s) for the Project tc the Contract Administrator for review at least twenty
(20) days prior to publication of the solicitation by Municipality. County's review shall include,
without limitation, determination of the applicable CBE Goal (as defined in Article 10), which
must be included by Municipality in the solicitation(s). If Municipality seeks to utilize an existing
contract for the services to be performed by the Contractor or Consultant, Municipality must
obtain prior approval by County and must: provide the Contract Administrator with the proposed
contract and supporting documentation for consideration pursuant to the procedures stated in
Section 3.5.2; County may require, as a condition for its approval, that the engagement of
Contractor or Consultant for this Project utilizing an existing municipal contract include
modifications or additions to the existing contract terms and conditions, including without
limitation any provision identified in Section 3.5.3. Municipality must comply with all applicable
provisions of state law including, as applicable, Section 255.20 and Section 287.055, Florida
Statutes, in the procurement of any services or materials relating to the Project. If any applicable
state or federal procurement requirement is stricter than any other applicable requirement,
Municipality shall be obligated to meet the stricter requirement. Prior to the execution of any
contract with Contractor or Consultant relating to the Project, Project Manager shall certify in
writing to the Contract Administrator that the procurement and the proposed contract comply
with the requirements of this Section 3.3.
3.4. Modifications to Protect or Phases.
3.4.1. Material Changes to the Project. Material changes are changes that increase the
Maximum Funding Amount or materially modify the Project Description. Any proposed
material change to the Project Description that does not increase the Maximum Funding
Amount requires the prior written approval of the Contract Administrator. Any proposed
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 3 of 42
material change that would increase the Maximum Funding Amount requires an
amendment of this Agreement. Any proposed material change may also, if determined
necessary by Contract Administrator pursuant to the applicable contractual, statutory, or
other surtax -related requirements, require review by the Oversight Board for statutory
eligibility. Municipality shall submit to the Contract Administrator written notice of the
proposed material change and appropriate backup documentation; if requested by the
Contract Administrator, Municipality shall provide any additional requested backup
documentation. The Contract Administrator will either approve or disapprove in writing
the proposed material change to the Project Description that does not increase the
Maximum Funding Amount within fifteen (15) calendar days after receipt of the written
notice and all requested backup documentation; if not timely approved, the request shall
be deemed disapproved. Any material change that increases the Maximum Funding
Amount must be approved by the Board.
3.4.2. Modifications to Construction Phase. Requests for additional funding as a result
of modifications to the construction phase of a Project that exceed the amount provided
in the then -current Funding Schedule, including without limitation change orders or other
scope changes, are subject to (i) approval by the Contract Administrator, and (ii) the
Board's allocation of additional funding; such requests may also, if determined necessary
by Contract Administrator pursuant to the applicable contractual, statutory, or other
surtax -related requirements, require additional review by the Oversight Board for
statutory eligibility. Municipality shall submit to the Contract Administrator written notice
of its request for additional funding and appropriate backup documentation; if requested
by the Contract Administrator, Municipality shall provide any additional requested
backup documentation. The Contract Administrator will either approve or disapprove the
request in writing within fifteen (15) calendar days after receipt of the written notice and
all requested backup documentation; if not timely approved, the request shall be deemed
disapproved.
3.4.3. Owner Enhancements. In addition to any approvals that may be required
pursuant to this Agreement, any increased or additional costs due to changes in the
quality of materials, furnishings, finishes, aesthetics, or any other cost reasonably
determined by the Contract Administrator to be an "owner enhancement" (including,
without limitation, decorative lighting, decorative paving, and improvements that are not
within the public right of way) must be funded solely by Municipality with non -surtax
funding, and County shall have no funding responsibility for any such increased costs.
Upon the Contract Administrator's request, the Project Manager shall provide sufficient
detail for the Contract Administrator's determination of whether any increased or
additional costs include owner enhancements. The Contract Administrator shall
determine, after consultation with the Project Manager, whether the increased or
additional costs constitute owner enhancements.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 4 of 42
3.4.4. Proiect Schedule. Any proposed change in the Project Schedule that modifies the
commencement or completion date for any phase or for the Project by more than sixty
(60) days requires the prior written approval of the Contract Administrator. Municipality
shall submit to the Contract Administrator written notice of the proposed change and
appropriate backup documentation; if requested by the Contract Administrator,
Municipality shall provide any additional requested backup documentation. The Contract
Administrator will either approve or disapprove in writing the proposed change within
fifteen (15) calendar days after receipt of the written notice and all requested backup
documentation; if not timely disapproved, the request shall be deemed approved.
3.4.5. Nonmaterial Changes. Nonmaterial changes to the Project (namely, changes that
do not require approvals under Sections 3.4.1, 3.4.2, 3.4.3, or 3.4.4) do not require County
approval and may be approved by the Project Manager.
3.5. Contractor and Consultant Contracts.
3.5.1. Form Contracts. County has preapproved the Surtax -Funded Projects Form
Construction Contract and the Surtax -Funded Projects Form Consultant Contract
(collectively, the "Form Contracts") attached as Exhibit D, which Municipality may utilize
for its contracts with Contractor and Consultant, respectively. County may update the
Form Contracts from time to time upon written notice to Municipality, and such updated
Form Contracts shall be the applicable forms for solicitations advertised after the date of
such written notice by County.
3.5.2. County Approval. Unless the Form Contracts are utilized for the Project with no
material modification or an existing municipal contract is approved by County for use
pursuant to Section 3.3, Municipality must obtain written approval from the County
Attorney's Office for Municipality's contract(s) with Contractor and with Consultant prior
to utilization of the contracts for the Project (and prior to publication of the solicitation,
if the contract is included in the solicitation). In addition to the provisions required to be
included in Municipality's contracts with Contractor and with Consultant pursuant to
Section 8.1 or Section 10.5, Municipality's contracts must also include the provisions
listed in Section 3.5.3 and Section 3.5.4, as applicable, in the form stated in the Form
Contracts. Any material modification to any required contractual provision must be
approved in advance by the County Attorney's Office; no subsequent material change to
the contract(s) for the Project may be made without written approval from the County
Attorney's Office. Municipality agrees and acknowledges that County's approval of any
contracts with Contractor or Consultant, including without limitation the Form Contracts,
is solely for purposes of protecting County's interests; County approval of any such
contract does not constitute a legal opinion, including without limitation as to the legal
sufficiency of the contract, for use or reliance by Municipality or any third party and shall
not be the basis for any claim or liability against County or asserted to avoid any
reimbursement or other obligation of Municipality under this Agreement. Municipality
shall provide at least twenty (20) clays' written notification to the Contract Administrator
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and the County Attorney's Office prior to award of the contract to Contractor or
Consultant, as applicable, which notice must include a copy of the competitive solicitation
(or other applicable procurement document) for the Project, the responsive submission
by the proposed Contractor or Consultant, the proposed contract amount for the Project,
the proposed contract, and the date on which Municipality intends to award the contract.
County may disapprove the proposed contract: (a) for failure to comply with any
requirement of this Agreement; (b) if the contract price exceeds or is materially
inconsistent with the Funding Schedule (absent good cause, as determined by Contract
Administrator); or (c) after consultation with Project Manager, for any other good cause
as determined in the sole discretion of the Contract: Administrator. If County disapproves
any proposed contract, County must provide notice of such disapproval within twenty
(20) days after receipt of the notice and the documents required pursuant to this section;
if not timely disapproved, the proposed contracts shall be deemed approved.
3.5.3. For the contract with Contractor, the following provisions from the Surtax -Funded
Projects Form Construction Contract must be included:
3.5.3.1. Contract, Article 3 (Contract Time)
3.5.3.2. Contract, Article 5 (Progress Payments; Retainage)
3.5.3.3. Contract, Article 6 (Acceptance and Final Payment)
3.5.3.4. General Conditions, Article 4 (Performance Bond and Payment Bond)
and Article 5 (Qualification of Surety)
3.5.3.5. General Conditions, Article 17 (Project Records and Right to Audit)
(see also Section 8.1 herein)
3.5.3.6. General Conditions, Article 33 (Location and Damage to Existing
Facilities, Equipment, or Utilities)
3.5.3.7. General Conditions, Article 38 (Change Orders) and Article 39 (Value of
Change Order Work)
3.5.3.8. General Conditions, Article 14 (Superintendence and Supervision)
3.5.3.9. General Conditions, Article 20 (Differing Site Conditions)
3.5.3.10. General Conditions, Article 40 (Notification and Claim for Change of
Contract Time or Contract Price)
3.5.3.11. General Conditions, Article 41 (No Damages for Delay)
3.5.3.12. General Conditions, Article 42 (Excusable Delay; Compensable; Non-
Compensable)
3.5.3.13. General Conditions, Article 53 (Domestic Partnership)
3.5.3.14. General Conditions, Article 54 (Equal Employment Opportunity and
CBE/SBE Compliance)
3.5.3.15. Supplemental Wage Requirements (Prevailing Wage Rate Ordinance)
3.5.4. For the contract with Consultant, the following provisions from the Surtax -Funded
Projects Form Consultant Contract must be included:
3.5.4.1. Article 4 (Time for Performance; Contractor Damages)
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 6 of 42
3.5.4.2. Sections 5.3 and 5.4 (Reimbursable Expenses; Method of Billing)
3.5.4.3. Section 7.5 (Truth in Negotiation)
3.5.4.4. Section 7.9 (Domestic Partnership Requirement)
3.5.4.5. Article 10 (Equal Employment Opportunity and CBE Compliance)
3.5.4.6. Section 11.4 (Public Records and Trade Secrets)
3.5.4.7. Section 11.5 (Audit Rights)
3.5.4.8. Section 11.8 (Indemnification)
3.5.4.9. Section 11.14 (Drug -Free Workplace)
ARTICLE 4. TERM AND TIME OF PERFORMANCE
4.1. Term. The term of this Agreement shall begin on the date it is fully executed by the Parties
("Effective Date") and shall end on April 30, 2023 ("Initial Term"), unless extended pursuant to
Section 4.2.
4.2. Extensions. The Parties may renew this Agreement for up to two (2) additional one (1)
year terms (each an "Extension Term") by written approval of the Project Manager and the
County Administrator at least thirty (30) days prior to the expiration of the then -current term.
Any further extension shall require approval by the Board and the governing body of
Municipality.
4.3. Fiscal Year. The continuation of this Agreement beyond the end of any County fiscal year
(October 1 through September 30) is subject to both the appropriation and the availability of
transportation surtax funds in accordance with Chapter 129, Florida Statutes.
4.4. Time of the Essence. Unless expressly waived by the Contract Administrator in writing,
time is of the essence in Municipality's performance of its duties, obligations, and responsibilities
under this Agreement.
ARTICLE S. FUNDING AND SURETY
5.1. Surtax Funding. County shall provide funding to Municipality for the Project in accordance
with the Funding Schedule (Exhibit B). Any amounts, costs, or expenses indicated as ineligible
for funding in Exhibit B shall not be funded by County but must instead be funded by Municipality
from non -surtax funds. The Parties agree and acknowledge that all funding provided by County
to Municipality under this Agreement sha"l be paid exclusively from and subject to the availability
of proceeds from the transportation surtax levied pursuant to Section 212.055(1), Florida
Statutes, and County shall not have any obligation to provide, nor shall County provide, any
funding from County's general revenue or any other County source. Municipality agrees and
stipulates that the funding provided by County to Municipality under this Agreement will be
utilized by Municipality only for the purposes permitted under Section 212.055(1), Florida
Statutes.
5.2. Method of Billing and Payment. Municipality shall invoice County only in accordance with
the Funding Schedule. Any credit due to County under Section 5.6 must be reflected on the next
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applicable invoice. To be proper, each invoice must comply with the requirements of Exhibit B
and be accompanied by a certification by the chief administrative officer and the chief financial
officer of Municipality, or such other persons designated by Municipality with authority to act in
similar capacities, that all funds received and utilized to date by Municipality under this
Agreement were utilized only for the Project, only for the portion(s) of the Project that the
Oversight Board and County determined were eligible for surtax funding, and only for purposes
that Municipality independently determined were eligible for surtax funding. County shall pay
Municipality in accordance with the Funding Schedule within thirty (30) days of receipt of
Municipality's proper invoice. Payment shall be made to Municipality at the address designated
by Municipality for notices pursuant to Section 11.6.
5.3. Phases; Funding Schedule. The Funding Schedule may provide for funding the Project in
phases or by deliverable, with the funding for subsequent phases or deliverables to be
determined after completion of prior phases or particular deliverables. Any such later -
determined funding for the Project, including any modification to the funding amount(s),
phase(s), or deliverable(s) stated in the Funding Schedule, shall require a written amendment to
this Agreement with an amended Funding Schedule attached thereto setting forth the next
phase(s) or deliverable(s) and applicable funding for same. All terms and conditions of this
Agreement shall apply to any such amended Funding Schedule. The County Administrator, on
behalf of County, and the Municipality's City Manager, on behalf of Municipality, are authorized
to execute amendments to this Agreement to incorporate an amended Funding Schedule,
provided the total of all funding obligations of County under this Agreement does not exceed the
total Maximum Funding Amount. Any zmended Funding Schedule or other amendment that
would cause County's total funding obligations under this Agreement to exceed the Maximum
Funding Amount shall not be effective unless approved by the Board.
5.4. Maximum Funding. Municipality acknowledges that the Maximum Funding Amount set
forth below is the maximum amount payable by County and constitutes a limitation upon
County's obligation to provide funding to Municipality for the Project. Municipality further
acknowledges that subtotal amounts set forth below for the applicable phases and in the Funding
Schedule (including as amended) are the ;maximum amounts payable for the applicable portions
of the Project, and constitute limitations on County's obligation to provide funding to
Municipality for the Project.
Description Not -To -Exceed Amounts
Phase 1: Construction $528,902
MAXIMUM FUNDING AMOUNT: $528,902
In no event shall County be liable to provide funding to Municipality in excess of the applicable
amounts stated in the Funding Schedule or the Maximum Funding Amount, regardless of the
basis for any claim or the basis for increased cost, including, without limitation, differing site
conditions, delays, weather, or any other reason. If the actual costs of the Project exceed the
amount County is obligated to fund per the Funding Schedule, as same may be amended
pursuant to this Agreement, Municipality shall be solely responsible for funding any and all such
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 8 of 42
additional amounts. Municipality is solely responsible for any and all costs to operate, support,
and maintain the Project unless otherwise agreed in writing by the Parties; County has no
obligation to fund any costs related to the Project except as expressly stated in this Agreement.
5.5. Adjustments for Corridor Projects• Funding Withholding• Other Delayed Funding.
5.5.1. In order to avoid duplicative construction and unnecessary disruption of the local
transportation network and community, the Parties shall cooperate in good faith to
coordinate the timing of the Project with other projects that affect the same or nearby
transportation elements, including, without limitation, other Surtax -Funded Projects and
other County or State roadway projects (collectively, "Corridor Projects"). The Contract
Administrator shall provide prompt notice to Municipality if County determines that the
timing of the Project requires adjustment due to a Corridor Project. Upon receipt of such
a notice, Municipality shall use best efforts to suspend any additional work on the Project
pending an agreed adjustment to the Project Schedule, and the Parties shall cooperate to
mutually approve an adjusted Funding Schedule (adjusted only as to timing, absent good
cause as determined by Contract Administrator) and Project Schedule. County may
withhold any otherwise scheduled funding until such adjustments are mutually approved
by the Parties. To the extent some or all of the Project costs are modified as a direct result
of a timing adjustment to accommodate a Corridor Project, such modified costs shall be
addressed in an amendment to the Funding Schedule and, if necessary, an amendment
to this Agreement.
5.5.2. If commencement or completion of a phase of the Project is delayed beyond its
scheduled date by more than one 1,1) year, or work suspended for more than one (1) year,
the Funding Schedule may be unilaterally adjusted as to timing (but not amount) by
written notice issued by the Contract Administrator, after consultation with Municipality,
to reflect the delay; any adjustment to the amount of funding for any phase in connection
with the delay shall require an amended Funding Schedule in accordance with Section
5.3.
5.6. Overpayments; Refunds. Any funding provided by County under this Agreement for a
Phase that exceeds the actual amounts expended by Municipality in accordance with this
Agreement for that Phase shall be credited against the next invoice to County or refunded to
County, as elected by County. Any funding provided by County under this Agreement that
exceeds actual amounts paid by Municipality for the Project shall be promptly refunded to
County upon Municipality's discovery of an overpayment, County's request for refund, or
sixty (60) days after completion of the Project, whichever occurs first. For purposes of this
calculation, any interest expense(s) incurred by Municipality are not an allowable cost. Any
refunds, credits, liquidated damages, insurance proceeds (after payment of any applicable
deductible), claim or litigation proceeds (after payment of attorneys' fees and costs), or other
amounts received by or credited to Municipality by or on behalf of Contractor, Consultant, or any
Subcontractor (collectively, "Proceeds") shall be either credited against future funding due from
County under this Agreement or paid by Municipality to County within thirty (30) days after its
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 9 of 42
receipt of the Proceeds, as elected by County. The total Proceeds amount credited or refunded
to County shall not exceed the total funding provided by County under this Agreement.
Municipality shall promptly notify County of any amount of Proceeds received by or credited to
Municipality, and of any claims filed or asserted relating to the Project. For unresolved claims or
litigation, the Parties shall cooperate to ensure any Proceeds are first credited or repaid to the
benefit of County before any other allocation.
5.7. Separate Accounting. Municipality shall deposit and maintain all funding received from
any source for the Project in a segregated fund or account, which shall be subject to audit
pursuant to Article 8. Any interest earned by Municipality on any funds provided under this
Agreement shall be credited against the funding otherwise due from County under this
Agreement and must be utilized by Municipality solely in accordance with the terms of this
Agreement. Upon prior written approval by the Contract Administrator, Municipality may utilize
other methods of separate accounting for the Project funds provided the accounting method
permits a full and complete audit of the funds as required by Article 8.
5.8. Withholding by County. Notwithstanding any provision of this Agreement to the contrary,
County may withhold, in whole or in part, payment to the extent necessary to ensure utilization
of the funds in accordance with this Agreement, applicable law, and the Board -approved
transportation surtax program. Failure of Municipality or the Project to comply with the
Reporting Requirements or the Performance Metrics may also be a basis to withhold or limit
future funding for the Project, as determined in the reasonable discretion of the Contract
Administrator. The amount withheld shall not be subject to payment of interest by County. Upon
written notice by County and except as expressly stated otherwise herein, payment may be
withheld by County for the duration of any failure of Municipality to comply with a term,
condition, or requirement of this Agreement; County shall promptly pay the amount withheld to
Municipality when Municipality's noncompliance with the applicable terms and conditions of this
Agreement is cured to the reasonable satisfaction of Contract Administrator.
5.9. Final Invoice and Reconciliation. Unless otherwise stated in the Funding Schedule or
approved by the Contract Administrator, Municipality must submit the final invoice to County no
later than one hundred twenty (120) days after the completion of the Project. The final invoice
must be accompanied by a complete summary of all expenses incurred and all amounts paid for
the Project, all funding, Proceeds, interest, or other amounts received relating to the Project, and
any unpaid invoices, amounts still owing, disputed charges, or other unresolved issues relating
to the Project that may impact the financial accounting of the Project (collectively, the "Final
Reconciliation"). Upon request by the Contract Administrator, Municipality shall provide any
backup or additional documentation requested relating to the Final Reconciliation; if County or
Municipality identifies any error or omission in the Final Reconciliation, Municipality shall
resubmit a corrected final invoice and corrected Final Reconciliation. County shall pay the correct
final invoice after review and approval of the Final Reconciliation.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 10 of 42
ARTICLE 6. TRANSPORTATION SURTAX. PROJECT COORDINATION AND PARTICIPATION
6.1. Reporting Requirements. Unless waived in writing by the Contract Administrator,
Municipality shall comply with the Reporting Requirements set forth in Exhibit C. In addition,
Municipality shall provide written reports to the Contract Administrator consisting of the
following information as of the date of the report, with monthly information provided within
thirty (30) days after the end of the applicable month, quarterly information provided within
forty-five (45) days after the end of the applicable quarter, and annual information provided
within one hundred eighty (180) days after the end of the fiscal year:
6.1.1. Quarterly Report on Expenditures: For both total to date and total for the
applicable quarter, the total funds received from any funding source for the Project
(itemized by funding source) and total funds (by funding source) expended to date for the
Project;
6.1.2. Monthly Report on Project Schedule: The updated Project Schedule, summary of
progress during the applicable quarter, and any adjustments to the Project Schedule
(including all approved adjustments and pending requests for adjustments);
6.1.3. Monthly report on Material Changes or Impacts: All material changes to the
Project, the Project Schedule, or any other aspect cf the Project that may impact the cost
of the Project or the ability of the Project to achieve the intended goals or purposes; and
6.1.4. Annual Audit Reports: On an annual basis; copies of Municipality's most recent
annual financial reporting packages, reports, or other information required to be
submitted in accordance with Section 215.97, Florida Statutes. A copy of Municipality's
most recent single audit complies with this requirement.
6.2. Performance Metrics. Municipality must ensure that the quality, progress, and nature of
the Project strictly comply with the Performance Metrics stated in Exhibit C. The Contract
Administrator may modify the Performance Metrics for the Project at any time with the written
approval of the Project Manager. In addition to the reporting required pursuant to Section 6.1
above, Municipality shall provide written reports to the Contract Administrator on at least an
annual basis, no later than ninety (90) days after the end of the fiscal year, documenting the
Project's compliance with the applicable Performance Metrics. The Contract Administrator or
designee will provide technical assistance and support, as may be reasonably requested by
Municipality, and shall make available to Municipality a centralized repository of relevant,
available metrics and data.
6.3. Permitting for Surtax -Funded Projects. To decrease public inconvenience and to facilitate
the expeditious and efficient completion of Surtax -Funded Projects, for any Surtax -Funded
Project that is performed by County and is in whole or in part within the geographical boundaries
of Municipality, Municipality shall waive, to the full extent permissible under applicable law, all
municipal permitting requirements, except to the extent of any portion of the work performed
by County that will be owned, operated, and maintained by Municipality. The waiver shall
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 11 of 42
include, but not be limited to, the requirements of permit application, permit issuance,
inspections, and permitting fees. County shall be responsible for ensuring adequate plan review,
inspections, and compliance with State and County standards for work in the public right of way.
County shall waive, to the full extent permissible under applicable law, all County permitting fees
for municipal Surtax -Funded Projects.
6.4. Road Closures. Municipality shall institute and comply with a cooperative notification
program that ensures County is promptly notified and promptly provided with data reasonably
requested by County regarding all municipal roads that are closed for any reason, including but
not limited to the Project, other construction, or flooding, in a format prescribed by County.
Providing Municipality consistently utilizes the cooperative notification program established by
County and promptly cures any nonperformance upon notice by County, nonrecurring or isolated
incidents of failure by Municipality to timely notify as required by this Section 6.4 shall not be a
basis for withholding or nonpayment of funding by County under this Agreement.
6.5. Branding and Marketing. At County's request, Municipality shall participate in reasonable
branding and marketing in the form and content prescribed by County, including, but not limited
to, signage prominently acknowledging the surtax funding source of Surtax -Funded Projects,
utilizing County -approved wording, logo, or other imagery, which branding and marketing will
acknowledge the project contributions of County and Municipality. The costs for all branding
and marketing requested by County pursuant to this Section 6.5 shall be fully funded by County.
Provided Municipality cures any nonperformance within thirty (30) days after notice by County,
nonrecurring or isolated incidents of failure by Municipality to comply with this Section 6.5 shall
not be a basis for withholding or nonpayment of funding by County under this Agreement.
6.6. Data Collection and Sharing. To the extent requested by County, Municipality shall ensure
the Project includes incorporation and placement of sensors or other devices on municipal roads,
rights of way, properties, and assets for County -approved applications for mobility -related data
collection purposes, provided such placement shall not unreasonably interfere with the
aesthetics or Municipality's use of such roads, rights of way, properties, or assets. The costs for
any such incorporation and placement requested by County shall be funded by County.
Municipality shall ensure the collection of data includes and is consistent with the scope, type,
frequency, quantity, and format requested by County in order to facilitate countywide collection
and utilization of transportation data. For the useful life of the Project, to the extent requested
by County, Municipality shall provide County any and all access to such data as may be requested
by County, including recurring or real-time access or periodic download. Provided Municipality
cures any nonperformance within thirty (30) days after notice by County, nonrecurring or isolated
incidents of Municipality's failure to comply with this Section 6.6 shall not be a basis for
withholding or nonpayment of funding by County under this Agreement.
6.7. Conflict of Interest.
6.7.1. Municipality represents and agrees that it has not contracted, and will not
contract during the term of this Agreement, with the MPO for the MPO to perform any of
the following services (collectively, the "Contracting Prohibitions"):
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 12 of 42
6.7.1.1. Any design, construction, oversight, or management services relating to
any Surtax -Funded Project or any proposed project for which
transportation surtax funding is being or will be sought;
6.7.1.2. Any planning, oversight, or reporting services relating to any receipt by
Municipality of community shuttle surtax funding; or
6.7.1.3. Any grant writing or grant consultation services in connection with any
Surtax -Funded Froject (or proposed Surtax -Funded Project).
6.7.2. The foregoing Contracting Prohibitions:
6.7.2.1. Shall not apply to any state- or federally -mandated services provided by
the MPO for which services the MPO does not receive any
compensation from Municipaiity beyond Municipality's annual
contribution to the MPO;
6.7.2.2. May be waived by the County Administrator in connection with any
Surtax -Funded Project for which the County Administrator determines,
in his or her sole discretion, that such waiver is in the best interest of
Broward County for reasons including, but not limited to, that such
waiver would permit the performance of services reasonably necessary
to obtain significant state or federal matching funds in connection with
any project or proposed project:. No such waiver shall be effective
unless approved by the County Administrator in writing; and
6.7.2.3. Do not prohibit or in any way impede the ability of Municipality to
contract with any entity other than the MPO for transportation
planning services whether or not such services are in connection with
any Surtax -Funded Project.
The Parties agree that any violation of the Contracting Prohibitions will constitute a
material breach of this Agreement which, in addition to all other remedies available to
County under this Agreement, would permit County to terminate this Agreement,
withhold all funds otherwise payable to Municipality under this Agreement, and require
Municipality to repay County in full for any funds previously paid by County under this
Agreement.
6.8. Sale, Transfer, or Disposal of Surtax -Funded Property. Municipality shall not sell or
otherwise transfer or dispose of its title, rights, or interests, or any portion thereof, in real
property, facilities, or equipment, funded in any part by County under this Agreement, without
prior written approval from County. If a sale, transfer, or disposal occurs in violation of this
section, unless otherwise agreed in writing by the Parties, Municipality shall pay County, within
ninety (90) days after the sale, transfer, or disposal, an amount equal to the greater of County's
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 13 of 42
share of the fair market value or the straight line depreciated value of the improvements plus
land value. "County's share of the fair market value" as used herein means the percentage of
surtax funding in the Project multiplied by the best obtainable price for the item, and the
resulting product then reduced by reasonable sales costs. If the property has never been used
for the intended purpose of the Project, Municipality shall pay the greater of County's share of
the fair market value or the entire amount of surtax funding provided for the Project.
6.9. Affirmation of MPO Prioritization and Ranking Process. Municipality acknowledges that
the prioritization and ranking process of municipal capital projects for fiscal year 2020 was
completed in compliance with all applicable obligations of County and the MPO; and was
informed by each project's ability to alleviate traffic congestion and improve connectivity, as well
as shovel -readiness, construction work planned in the vicinity of a proposed project, corridor
delivery timing, and other existing conditions that allow surtax revenues to be utilized
responsibly, efficiently, and with the least interruption to residents and businesses. Municipality
hereby waives and releases any and all claims it has or may have that accrued at any time prior
to the effective date of this Agreement, which claims, in any way, relate to, result from, or are in
connection with the prioritization and ranking process of municipal capital projects for fiscal year
2020 or the County's funding decisions related thereto. Municipality agrees and stipulates that
the MPO prioritization and ranking process for fiscal year 2020 was proper and consistent with
the applicable interlocal agreements and that the County is not, as of the effective date of this
agreement, in breach or default of any provision of any applicable interlocal agreement relating
in any way to expenditure of transportation surtax proceeds.
ARTICLE 7. INDEMNIFICATION
Municipality shall indemnify, hold harmless, and defend County and all of County's current, past,
and future officers, agents, servants, and employees (collectively, "Indemnified Party") from and
against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any
kind, including attorneys' fees, court costs, and expenses, including through the conclusion of
any appellate proceedings, raised or asserted by any person or entity not a party to this
Agreement, and caused or alleged to be caused, in whole or in part, by any intentional, reckless,
or negligent act or omission of Municipality, its officers, employees, agents, or servants, arising
from, relating to, or in connection with this Agreement (collectively, a "Claim"). If any Claim is
brought against an Indemnified Party, Municipality shall, upon written notice from County,
defend each Indemnified Party against each such Claim by counsel satisfactory to County or, at
County's option, pay for an attorney selected by the County Attorney to defend the Indemnified
Party. The obligations of this section shall survive the expiration or earlier termination of this
Agreement. If considered necessary by the Contract Administrator and the County Attorney, any
sums due Municipality under this Agreement may be retained by County until all Claims subject
to this indemnification obligation have been settled or otherwise resolved. Any amount withheld
shall not be subject to payment of interest by County.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 14 of 42
ARTICLE 8. AUDITING
8.1. Audit Rights and Retention of Records. County shall have the right to audit the books,
records, and accounts of Municipality, Contractor, Consultant, and Subcontractors (the "Audited
Entities") that are related to the Project or this Agreement (the "Contract Records"). Audits,
reviews, monitoring, inspections, and investigations condo cted pursuant to this Agreement may
include, but are not limited to, on -site visits by County staff, interviews of staff of any of the
Audited Entities, review of performance and financial reports, determining and monitoring
appropriate corrective action, and issuing management letters on deficiencies or weaknesses
identified. Audited Entities shall fully comply and cooperate with any auditing and monitoring
activities deemed appropriate by County.
Audited Entities shall keep such books, records, and accounts as may be necessary in order to
record complete and correct entries related to this Agreement and performance under this
Agreement. All such books, records, and accounts shall be kept in written form, or in a form
capable of conversion into written form within a reasonable time, and upon request by the
Contract Administrator to do so, Audited Entities shall make same available in written form at no
cost to County.
Contract Records include any and all information, materials, and data of every kind and character,
including without limitation, records, books, papers, documents, subscriptions, recordings,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, drawings, receipts, vouchers, and memoranda, and any and all other documents that
pertain to rights, duties, obligations, or performance relating to the Project. Contract Records
include hard copy and electronic records, written policies and procedures, time sheets, payroll
records and registers, cancelled payroll checks, estimating work sheets, correspondence, invoices
and related payment documentation, general ledgers, inSLirance rebates and dividends, and any
other records pertaining to rights, duties; obligations, or performance relating to the Project of
any of the Audited Entities.
Audited Entities shall preserve and make available, at reasonable times within Broward County,
Florida, for examination and audit, all financial records, supporting documents, statistical
records, and any other documents pertirent to the Project or this Agreement until the later of
five (5) years after expiration or terminaton of this Agreement, resolution of any audit findings,
or as otherwise required by law. Any audit or inspection pursuant to this section may be
performed by any County representative (including any outside representative engaged by
County) or the Oversight Board. The Project and all expenditures relating to the Project shall be
subject to the Oversight Board's review, critique, and analysis for the duration of the Project.
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for
County's disallowance and recovery of any payment made or based upon such entry. If an audit
or inspection in accordance with this section discloses overpricing or overcharges to County of
any nature in excess of five percent (5%) of the total contract billings reviewed by County, the
reasonable actual cost of County's audit shall be reimbursed to County by Municipality in addition
to any required adjustments for the overcharges. Any adjustments or payments due as a result
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of such audit or inspection shall be made by Municipality to County within thirty (30) days after
presentation of County's findings to Municipality.
Municipality shall ensure that the requirements of this section are included in all agreements
with any other Audited Entity. Municipality shall further include in its contract with Contractor
and its contract with Consultant the following provision:
"If an audit inspection or examination in accordance with this provision discloses
overpricing or overcharges to Municipality (of any nature) by the contractor or the
contractor's subcontractors in excess of five percent (5%) of the total contract billings
reviewed, the reasonable actual cost of any audit conducted by or on behalf of
Municipality, Broward County, orthe Independent Transportation Surtax Oversight Board
shall be reimbursed by contractor to the Municipality or Broward County, as applicable,
along with any required adjustments for the overpricing or overcharges. Any adjustments
or payments that must be made as a result of any such audit or inspection of the
contractor's invoices or records shall be made within a reasonable amount of time (not
to exceed 30 days) after presentation of the audit findings to contractor."
8.2. Performance Audit. The Project, and all funding received, maintained, or expended by
Municipality for the Project, shall be subject to audits and reviews by the Oversight Board at its
expense (and subject to reimbursement pursuant to this article) for the duration of the Project
and continuing until five (5) years after the later of completion of the project, expiration or
termination of this Agreement, or resolution of any audit findings. Municipality shall fully
cooperate and provide any and all requested Contract Records as may be requested by the
Oversight Board. The Project and all funds received, maintained, or expended relating to the
Project shall be subject to the Oversight Board's review, critique, and analysis for the duration of
the Project.
ARTICLE 9. TERMINATION
9.1. This Agreement may be terminated for cause by the aggrieved Party if the Party in breach
has not corrected the breach within thirty (30) days after receipt of written notice from the
aggrieved Party identifying the breach. This Agreement may also be terminated by the Board
upon sixty (60) days' prior written notice if the Board determines that the Project cannot be
funded with surtax funding under applicable law, including Section 212.055, Florida Statutes.
This Agreement may be immediately terminated by written notice by the County Administrator
if the transportation surtax is determined by a court of competent jurisdiction to be invalid, void,
or illegal.
9.2. This Agreement may be terminated for cause by County for reasons including, but not
limited to, any of the following:
9.2.1. Inability of Municipality, including through Contractor or Consultant, to perform
or complete the Project in compliance with this Agreement, including the Project
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 16 of 42
Schedule (including any extensions approved by Contract Administrator, approval of
which shall not be unreasonably withheld);
9.2.2. Repeated submission (whether negligent or intentional) for payment of false or
incorrect invoices;
9.2.3. Fraud, misrepresentation, or material misstatement in the performance of this
Agreement or the Project by Municipality, Contractor, or Consultant;
9.2.4. Contractor's or Consultant's act or omission that violates any applicable
requirement of Section 1-81, Broward County Code of Ordinances; or
9.2.5. Utilization of the funding provided by County under this Agreement in a manner
that violates applicable law or for uses or purposes that are not permitted uses for
transportation surtax funds under Section 212.055; Florida Statutes.
9.3. Notice of termination shall be provided in accordance with the "Notices" section of this
Agreement.
9.4. If this Agreement is terminated by County, Municipality shall be paid from proceeds of
the surtax levied pursuant to Section 212.055, Florida Statutes, if funding is available, for any
work on the Project properly performed through the termination date specified in the written
notice of termination, subject to any right of County to retain any sums otherwise due and
payable.
9.5. In addition to any right of termination stated in this Agreement, County and Municipality
shall be entitled to seek any and all available remedies, whether stated in this Agreement or
otherwise available at law or in equity, all such remedies being cumulative.
9.6. Municipality may terminate this Agreement upon thirty (30) days' prior written notice to
County if Municipality determines not to proceed with the Project and either (a) the written
notice of termination is provided prior to Municipality's receipt of any funding from County under
this Agreement, or (b) prior to the effective date of termination, Municipality returns all funding
received from County under this Agreement, including any interest earned by Municipality on
any funds provided by County under this Agreement.
ARTICLE 10. EQUAL EMPLOYMENT OPPORTUNITY AND CBE COMPLIANCE
10.1. No Party may discriminate on the basis of race, color, sex, religion, national origin,
disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender
identity and expression in the performance of this Agreement. Municipality shall include the
foregoing or similar language in its contracts with Contractor and Consultant, and shall require
inclusion of the foregoing or similar language in their contracts with Subcontractors, except that
any project assisted by the U.S. Department of Transportation funds shall comply with the
nondiscrimination requirements in 49 C.F.R. Parts 23 and 26.
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10.2. Unless otherwise approved in advance in writirg by County's Director of Office of
Economic and Small Business Development ("OESBD"), Municipality shall comply with all
applicable requirements of the County Business Opportunity Act, Section 1-81, et seq., Broward
County Code of Ordinances, in the award and administration of any contract or agreement
regarding the Project. Failure by Municipality to carry out any of the requirements of this article
shall constitute a material breach of this Agreement, which shall permit County to terminate this
Agreement or exercise any other remedy provided under this Agreement, the Broward County
Code of Ordinances, the Broward County Administrative Code, or under other applicable law, all
such remedies being cumulative.
10.3. Unless otherwise approved in advance in writing by County's Director of OESBD,
Municipality will meet the required CBE goal for the Project by utilizing (or requiring the
utilization of) CBE firms for at least thirty percent (30%) of total Project costs, except that no CBE
commitment shall apply to agreements that are subject to other participation goals (e.g., federal
DBE program or SBE reserves), agreements that are expressly exempt from the County's
Procurement Code, agreements that are otherwise ineligible by state or federal law, and
agreements to which goals are not assigned by the County (e.g., sole source, sole brand, and
emergency agreements) (the "Commitment").
10.4. Each CBE firm utilized to meet the Commitment must be certified by OESBD. Municipality
shall inform County immediately when a CBE firm is not able to perform or if Municipality believes
the CBE firm should be replaced for any other reason, so that OESBD may review and verify the
good faith efforts of Municipality to substitute the CBE firm with another CBE firm, as applicable.
Whenever a CBE firm is terminated for any reason, Municipality shall provide written notice to
OESBD and, upon written approval of the Director of OESBD, shall substitute another CBE firm in
order to meet the CBE goal, unless otherwise provided in this Agreement or agreed in writing by
the Parties. Such substitution shall not be required if the termination results from modification
of the Project and no CBE firm is available to perform the modified Project; in which event,
Municipality shall notify County, and OESBD may adjust the Commitment by written notice to
Municipality. Municipality shall not terminate a CBE firm for convenience without County's prior
written consent, which consent shall not be unreasonably withheld.
10.5. Municipality shall include the following provision in its contract with Contractor:
"The parties stipulate that if Contractor fails to meet the CBE utilization obligation in the
Interlocal Agreement between Municipality and Broward County (the "Commitment"),
the damages to Broward County and Municipality arising from such failure are not readily
ascertainable at the time of contracting. If Contractor fails to meet the Commitment and
Broward County determines, in the sole discretion of the OESBD Program Director, that
Contractor failed to make Good Faith Efforts (as defined in Section 1-81, Broward County
Code of Ordinances) to meet the Commitment, Contractor shall pay Municipality
liquidated damages in an amount equal to fifty percent (50%) of the actual dollar amount
by which Contractor failed to achieve the Commitment, up to a maximum amount of ten
percent (10%) of the total contract amount excluding costs and reimbursable expenses.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 18 of 42
An example of this calculation is stated in Section 1-81.7, Broward County Code of
Ordinances. As elected by Broward County, such liquidated damages amount shall be
either credited against any amounts due Contractor from Municipality, or must be paid
by Municipality to Broward County within thirty (30) days after written demand by
Broward County. Any failure to meet the Commitment attributable solely to force
majeure, changes to the Project, or inability to substitute a CBE Subcontractor where the
OESBD Program Director has determined that such inability is due to no fault of
Contractor, shall not be deemed a failure by Contractor to meet the Commitment."
10.6. Municipality shall require Contractor and Consultant to provide written monthly reports
to the Municipality and the Contract Administrator no later than ten (10) business days after the
end of the month regarding Contractor's and Consultant's compliance with the Commitment
stated in this article. In addition, Municipality shall require Contractor and Consultant to allow
County to engage in onsite reviews tc monitor Contractor's and Consultant's progress in
achieving the Commitment and maintaining the applicable contractual and CBE obligations.
ARTICLE 11, MISCELLANEOUS
11.1. Contract Administrator Authority• Dispute Resolution; Escalation. The Contract
Administrator is authorized to coordinate and communicate with Municipality to manage and
supervise the performance of this Agreement. Any determination by the Contract Administrator
that this Agreement authorizes the Contract Administrator to make shall be binding on the
Parties. Unless expressly stated otherwise in this Agreement or otherwise set forth in an
applicable provision of the Broward County Procurement Code, Broward County Code of
Ordinances, or Broward County Administrative Code, the Contract Administrator may exercise
any ministerial authority in connection with the day-to-day management of this Agreement. In
the event of a dispute regarding the performance of this Agreement, both Parties stipulate and
agree to expedited dispute resolution procedures as follows: if either Party provides notice of a
dispute that the respective staff have failed to resolve despite diligent good faith efforts, the
Contract Administrator and the Project Manager (or other appropriate representative(s)
designated by County or Municipality, respectively) shall r:neet in person or via videoconference
within ten (10) business days and attempt in good faith to resolve the dispute and report
potential resolutions to their respective governing bodies for consideration; if either Party
thereafter provides written notice of impasse, the Mayors or Vice -Mayors of the County and
Municipality shall meet in person or via videoconference within ten (10) business days and
attempt in good faith to resolve the dispute and report potential resolutions to their respective
governing bodies for consideration; any resolution must be approved by the governing bodies of
both Parties to be effective. If either Party thereafter provides written notice of impasse, either
Party may proceed to seek any available judicial remedies and the Parties agree and stipulate
that the requirements of Chapter 164 shall be deemed fully met and both Parties waive and agree
not to assert any defense based upon failure to fully comply with the intergovernmental dispute
resolution proceedings otherwise required under Chapter 164.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 19 of 42
11.2. Public Records. The Parties agree and stipulate that both Parties are subject to Florida
public records laws and shall fully comply with same. At the request of County, Municipality shall,
in accordance with applicable law, respond to any request for public records received by County
relating to the Project. Any other public records request shall be responded to by the receiving
party. Each Party shall cooperate upon request by the o+her Party and provide any requested
records to enable the Party to respond to a public records request.
Any material submitted to County that Municipality, Contractor, or Consultant contends
constitutes or contains trade secrets or is otherwise exempt from production under Florida public
records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be
separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION
— TRADE SECRET." In addition, Municipality, Contractor, or Consultant, as applicable, must,
simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from
a person with personal knowledge attesting that the Trade Secret Materials constitute trade
secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third
party submits a request to County for records designated by Municipality, Contractor, or
Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret
Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing
by Municipality, Contractor, or Consultant, as applicable. Municipality shall indemnify and
defend, and shall require Contractor and Consultant to indemnify and defend, County and its
employees and agents from any and all claims, causes of action, losses, fines, penalties, damages,
judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court
costs, relating to the nondisclosure of any Trade Secret Materials in response to a public records
request by a third party.
11.3. Independent Contractor. Nothing in this Agreement constitutes or creates a partnership,
joint venture, or any other relationship between the Parties or any Party and Contractor,
Consultant, or any Subcontractor. Neither Party nor its agents shall act as officers, employees,
or agents of the other Party. Neither Party shall have the right to bind the other Party to any
obligation not expressly undertaken by that Party under this Agreement.
11.4. Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be
waived by entering into this Agreement, nothing herein is intended to serve as a waiver of
sovereign immunity by County or Municipality, nor shall anything included herein be construed
as consent by County or Municipality to he sued by third parties in any matter arising out of this
Agreement. County and Municipality are subdivisions of the State of Florida, as defined in
Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or
omissions of their respective employees pursuant to Section 768.28, Florida Statutes.
11.5. Third -Party Beneficiaries. Neither Municipality nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that
there are no third -party beneficiaries to this Agreement and that no third party shall be entitled
to assert a right or claim against either of them based upon this Agreement.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 20 of 42
11.6. Notices. In order for a notice to a Party to be effective under this Agreement, notice must
be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a
contemporaneous copy via email, to the addresses listed below and shall be effective upon
mailing or hand delivery (provided the contemporaneous email is also sent). The addresses for
notice shall remain as set forth in this section unless and until changed by providing notice of
such change in accordance with the provisions of this section.
FOR COUNTY:
Broward County Administrator
Attn: Bertha Henry
115 South Andrews Avenue, Room 409
Fort Lauderdale, Florida 33301
Email address: bhenry@broward.org
With o copy to:
Broward County Attorney's Office:
Attn: Angela J. Wallace
115 South Andrews Avenue, Room 423
Fort Lauderdale, Florida 33301
Email address: ajwallace@broward.org
FOR MUNICIPALITY:
City of Tamarac
Attn: City Manager, Kathleen Gunn
7525 NW 881" Ave
Tamarac, FL 33321
Email address: Kathleen.Gunn@tamarac.org
With a copy to: City of Tamarac City Attorney
Attn: John R. Herin
Fox Rothschild LLP
2 South Biscayne Boulevard, Suite 2750
Miami, Florida 33131
Telephone: (305) 442-6544
Email address: JHerin@foxrothschild.com
11.7. Assignment. Neither this Agreement nor any right or interest in it may be assigned,
transferred, subcontracted, or encumbered by Municipality without the prior written consent of
County. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall
be void and ineffective, constitute a breach of this Agreement, and permit County to immediately
terminate this Agreement, in addition to any other remedies available to County at law or in
equity, all such remedies being cumulative.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 21 of 42
11.8. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this
Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth in this Agreement is substantial and important to the formation of
this Agreement, and each is, therefore, a material term of this Agreement. County's or
Municipality'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. To be effective, any waiver must be in
writing signed by an authorized signatory of the Party granting the waiver.
11.9. Compliance with Laws. Municipality and the Project must comply with all applicable
federal, state, and local laws, codes, ordinances, rules, and regulations including, without
limitation, American with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act
of 1973, and any related federal, state, or local laws, rules, and regulations.
11.10. Representation of Authority. The Parties represent and warrant that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of each Party, that execution of
this Agreement is within each Party's legal powers, and that each individual executing this
Agreement is duly authorized by all necessary and appropriate action to do so on behalf of that
Party and does so with full legal authority.
11.11. Severabilitv. If any part of this Agreement is found to be unenforceable by any court of
competent jurisdiction, that part shall be deemed severed from this Agreement and the balance
of this Agreement shall remain in full force and effect.
11.12. Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall not
be construed more strictly against either Party.
11.13. Interpretation. The titles and headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
All personal pronouns used in this Agreement shall include any other gender, and the singular
shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not
to any particular sentence, paragraph, or section where they appear, unless the context
otherwise requires. Whenever reference is made to a section or article of this Agreement, such
reference is to the section or article as a whole, including all of the subsections of such section,
unless the reference is made to a particular subsection or subparagraph of such section or article.
Any reference to "days" means calendar days, unless otherwise expressly stated.
11.14. Priority of Provisions. Unless otherwise expressly stated in this Agreement, if there is a
conflict or inconsistency between any term, statement, requirement, or provision of any
document or exhibit attached to, referenced by, or incorporated in this Agreement and any
provision of Articles 1 through 11 of this Agreement, the provisions contained in Articles 1
through 11 shall prevail and be given effect. In the event of a conflict between this Agreement
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 22 of 42
and the Transportation System Surtax Interlocal Agreement, executed by County on August 29,
2018, as amended, the provisions of this Agreement shall prevail and be given effect.
11.15. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in
the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any
claim arising from, related to, or in connection with this Agreement must be litigated in federal
court, the exclusive venue for any such lawsuit shall be in the United States District Court or
United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, EACH OF MUNICIPALITY AND COUNTY HEREBY EXPRESSLY WAIVES ANY RIGHTS
IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
11.16. Amendments. No modification, amendment, or alteration in the terms or conditions
contained in this Agreement shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by duly authorized
representatives of County and Municipality.
11.17. Prior Agreements. This Agreement represents the final and complete understanding of
the Parties regarding the subject matter and supersedes all prior and contemporaneous
negotiations and discussions regarding that subject matter.. There is no commitment, agreement,
or understanding concerning the subject matter of this Agreement that is not contained in this
written document.
11.18. Payable Interest
11.18.1. Payment of Interest. County shall not be liable to pay any interest to
Municipality for any reason, whether as prejudgment interest or for any other purpose,
and in furtherance thereof Municipality waives, rejects, disclaims, and surrenders any and
all entitlement it has or may have to receive interest in connection with a dispute or claim
arising from, related to, or in connection with this Agreement. This subsection shall not
apply to any claim for interest, including for post -judgment interest, if such application
would be contrary to applicable law.
11.18.2. Rate of Interest. If the preceding subsection is inapplicable or is
determined to be invalid or unenforceable by a court of competent jurisdiction, the
annual rate of interest payable by County under this Agreement, whether as prejudgment
interest or for any other purpose, shall be, to the full extent permissible under applicable
law, one quarter of one percent (0.25%) simple interest (uncompounded).
11.19. Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated in this Agreement by reference. The attached exhibits are incorporated
into and made a part of this Agreement.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 23 of 42
11.20. Prevailing Wage Requirement. If construction work in excess of Two Hundred Fifty
Thousand Dollars ($250,000.00) is required of, or undertaken by, Municipality as a result of this
Agreement, Section 26-5, Broward County Code of Ordinances, as amended from time to time,
shall be deemed to apply to such construction work. Municipality shall ensure Contractor fully
complies with the requirements of such ordinance and satisfies, complies with, and completes
the required forms as set forth in the Surtax -Funded Projects Form Construction Contract or such
other contract as is approved pursuant to this Agreement.
11.21. Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
11.22. Living Wage Requirement. To the extent Contractor is a "covered employer" within the
meaning of the Broward County Living Wage Ordinance, Sections 26-100 through 26-105,
Broward County Code of Ordinances, Municipality shall include in its written agreement with
Contractor that Contractor agrees to and shall pay to all of its employees providing "covered
services," as defined in the ordinance, a living wage as required by such ordinance, and shall fully
comply with the requirements of such ordinance, and that Contractor shall ensure all of its
Subcontractors that qualify as "covered employers" fully comply with the requirements of such
ordinance.
11.23. Workforce Investment Program. Municipality acknowledges the Broward Workforce
Investment Program, Section 19.211, Broward County Administrative Code ("Workforce
Investment Program"). Municipality shall include in its contract with Contractor the
requirements of the Workforce Investment Program and Contractor's agreement to use good
faith efforts to meet the First Source Referral Goal and the Qualifying New Hires Goal as set forth
in the Workforce Investment Program, including by (a) publicly advertising exclusively with
CareerSource Broward for at least five (5) business days any vacancies that are the direct result
of this Agreement (whether those vacancies are with Municipality or its Subcontractors) and
using good faith efforts to interview any qualified candidates referred under the Workforce
Investment Program, and (b) using good faith efforts to hire Qualifying New Hires, as defined by
the Workforce Investment Program, for at least fifty percent (50%) of the vacancies that are the
direct result of this Agreement.
11.24. Survivability. Notwithstanding any expiration or termination of this Agreement, the
following provisions shall survive expiration and termination: Section 3.2 (Municipal
Responsibility for the Project); Section 5.6 (Overpayments; Refunds); Article 6 (Transportation
Surtax Project Coordination and Participation); Article 7 (Indemnification); Article 8 (Auditing);
Section 11.2 (Public Records); Section 11.15 (Law, Jurisdiction, Venue, Waiver of Jury Trial); and
Section 11.18 (Payable Interest).
11.25. Approvals. To be effective, any approval under this Agreement made by or on behalf of
the County, County Administrator, Contract Administrator, Project Manager, or other
representative of either Party must be in writing.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 24 of 42
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through
its County Administrator, authorized to execute same by Board action on the 25th day of August,
2020, Agenda Item No. 86, and Municipality, signing by and through its City Manager duly
authorized to execute same.
WITLESS:
V
(Signature)
°TAMARA BRANNON
(Print Name of Witness)
(Signature) _
��riel Mtker
(Print Name of Witness)
`��y1\t126Bfill,r/�
�3
14
darsr�+rs�►�r
COUNTY
BROWARD COUNTY, by and through
its CourAty Administrator
By
Co my Administrator
Kday of / , 20-
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
�!lA��rew uogg =Ngdle'r --'*ee)
Bybi:� _Z /2 Z
Angela J. Ada (Date)
Transportation Surtax General Counsel
Draft Municipal Interlocal Agreement TAMA-003.1
1/31/2022
#21-114.00
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 25 of 42
•
•
•
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT:
70TH AVENUE TRAFFIC CALMING PROJECT/TAMA-003.1
ATTEST:
A - /'
Je nifer Jo son
it
of Tamarac City Clerk
O
ESTABL�SN � o =
m ; 1963 : C
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cooN
MUNICIPALITY
CIT4Katleen
MARAC
By:
Gunn, City Manager
/4/day of /e , 20 r
I HEREBY CERTIFY that I have approved
this Agreement as to form and legal
su#icigncy subject to,execution by the parties:
rin, Citfi A
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 26 of 42
EXHIBIT A
Project Description and Project Schedule
1. Project Description:
As further detailed in the Scope of Work attached hereto as Exhibit A-1, this Project includes the
following:
The construction/installation of eight (8) new traffic calming parabolic speed hump systems. The
parabolic speed humps systems include, but are not limited to, all asphalt removal and disposal,
new asphaltic concrete construction of the parabolic speed humps, the installation of all
applicable pavement markings and signage, and the removal and relocation of any existing
signage that may be required to facilitate the speed hump systems, in accordance with the design
plan, details and technical specifications.
This project also consists of two (2) roundabouts and associated median improvements with RA
curb, D curb, F curb and header curb with brick pavers, turf blocks and landscaping
improvements. Roundabout medians consist of irrigation and landscaping with electrical conduit
stub -outs for future power. Roundabouts consist of, but not limited to, signage and striping,
sidewalk improvements, ADA Ramps with truncated domes and concrete flumes in front of catch
basins, in accordance with the design plan, details and technical specifications.
The following items are not eligible for transportation Surtax funding: decorative lighting and
road signage, brick pavers, and similar items; and landscaping improvements that are not within
the public right of way. All costs associated with such work must be adequately and separately
itemized and paid by Municipality with non -transportation surtax funds.
2. Deliverables:
Municipality shall provide quantifiable, measurable, and verifiable units of Deliverables as set forth
below. Each Deliverable must specify the required minimum level of work to be performed and the
criteria for evaluating successful completion of the Deliverable.
DELIVERABLES: Phase 1
No.
Description
Duration/Deadline
Acceptance Criteria
0
Execution of ILA between County
January 31, 2022
ILA fully executed by City and
and City of Tamarac
County and City government
signed resolution.
Project Construction Advertising
Execution of Construction
1
Bid, Award, Construction Contract
110 days
Agreement
execution
2
Notice to Proceed and
30 days after
NTP Issued by City, Required
Commencement of Contract
Contract Award
Permits pulled by Contractor
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 27 of 42
3
Permitting, Clearing, grubbing and
site preparation; Mobilization and
Commencement of Work
120 days after NTP
Completion of site preparation
and Commencement of Work.
4
Certificate of Occupancy (CO)
244 days after f dTP
or Temporary Certificate of
Substantial Completion
Occupancy (TCO) issued or
certification in writing by City's
Consultant or Contract
Administrator that Substantial
Completion is achieved.
Conditions of Permits and
regulatory agencies satisfied.
45 days after
Project is certified,
Final Completion
substantial completion
Consultant/Engineer/PM's
5
Notice of Acceptability
presented to City, and Final
Payment Issued.
Project Schedule:
Description
Estimated Date for
Completion
County and City execution of Project SpecificlLA
January 31, 2022
Bid Advertisement, Award, Construction Contract Execution
May 21, 2022
Notice to Proceed and Commencement of Contract
June 20, 2022
Permitting, Clearing, grubbing and site preparation; Mobilization and
Commencement of Work
October 18, 2022
Substantial Completion
February 19, 2023
Final Project Completion
April 5, 2023
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 28 of 42
EXHIBIT A-1 (Attachment 1 to Exhibit A)
Scope of Work
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 29 of 42
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
SCOPE OF WORK
20-13B
NW 70TH AVE. TRAFFIC CALMING PROJECT
It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City
reserves the right to accept or reject any or all bids and to waive any informality concerning the bids
when such rejection or waiver is deemed to be in the best interest of the City.
1. DESCRIPTION OF WORK
The NW 70th Avenue Traffic Calming Project consists of the construction/installation of eight
(8) new traffic calming parabolic speed hump systems. The parabolic speed humps systems
include, but not limited to, all asphalt removal and disposal, new asphaltic concrete
construction of the parabolic speed humps, the installation of all applicable pavement
markings and signage, and the removal and relocation of any existing signage that may be
required to facilitate the speed hump systems, in accordance with the design plan, details
and technical specifications.
Existing pavement markings will be required to be reestablished in their original locations
once the new asphalt surface course is established. This project also consists of two (2)
roundabouts and associated median improvements with RA curb, D curb, F curb and header
curb with brick pavers, turf blocks and landscaping improvements. Roundabout medians
consist of irrigation and landscaping with electrical conduit stub -outs for future power.
Roundabouts consist of, but not limited to, signage and striping, sidewalk improvements,
ADA Ramps with truncated domes and concrete flumes in front of catch basins, in
accordance with the design plan, details and technical specifications.
All sod restoration shall be completed with St. Augustine Sod, unless specified otherwise on
the design plans. All proposed improvements shall be completed in accordance with the
project bid documents, design plans, details, technical specifications and all applicable state,
county and local regulatory requirements.
2. LICENSES
To be eligible for award of this project, the Bidder must possess at time of bid opening, one
of the following State Certified and/or County Competency licenses or any license that can
meet, exceed, or legally perform the scope of work will be acceptable, as determined by state
or county licensing agency.
State: Certified General Contractor License, defined by F.S. 489.105 3a, with at
least three (3) years of verifiable full-time successful experience on similar
size and scope projects.
or
County: Broward County: Section 9.96 — Category 3a — Special Engineered Road
and Surfacing Builders License, with evidence of at least three (3)
successful projects completed of similar size and scope within the last three
(3) years.
Occupational license must be in effect as required by Florida Statute §205.065.
20-13B - NW 70th Ave Traffic Calming Project 26
Exhibit A-1 Attachment, page 1 of 1
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 30 of 42
EXHIBIT B
Funding Schedule
Funding Amounts: The amounts stated in this Funding Schedule are the maximum amounts
payable for the Phase(s) stated, and shall be invoiced and paid only in accordance with the
remainder of this Funding Schedule (as may be amended from time to time) and the terms and
conditions of the Agreement. In the event of a conflict between anything stated in this Funding
Schedule and anything stated elsewhere in the Agreement, the provisions stated in Articles 1
through 11 of the Agreement shall govern and control.
Invoicing/Application for Funding Documentation: Municipality shall submit the following with
each invoice or Application for Funding (as defined below): an updated progress schedule;
documentation of all invoices received from or payments made to Contractor or Consultant for
which funding is sought; a statement indicating the cumulative amount of CBE participation to
date; and a certification that all funding arnounts sought are statutorily eligible for funding under
Section 212.055, Florida Statutes.
Additional Invoicing Requirements: If checked, the checked requirements apply to all
invoices/Applications for Funding under this Agreement:
❑ All costs invoiced shall be supported by properly certified payrolls, time records, invoices,
contracts, or vouchers evidencing appropriate detail the amounts invoiced/expended and the
nature and purpose of such amounts.
0 Pay Application documents consistent with AIA Document G702 and G703
0 Municipality shall provide sufficient documentation of personnel costs to provide Construction
Engineering Services for the Project. Such documentation shall identify the employee providing
the services or their position, the nature of the services performed, the hours of services
performed, and the employee's applicable hourly billing rate which shall not exceed the rates
provided in the Maximum Billing Rate Schedule attached hereto as Exhibit B-1.
Funding Parameters: The checked expenses are ineligible for funding under this Agreement:
0 Costs incurred by Municipality prior to the execution of this Agreement
0 Costs incurred after the expiration of this Agreement
0 Costs that are not expressly permitted in Exhibit A or B
0 Amounts that Contractor, Consultant, or Subcontractors are contractually responsible to pay,
credit, or reimburse to Municipality or County (e.g., liquidated damages for not meeting the
Project Schedule, audit costs, etc.)
0 Amounts attributable to good or services received under a contract or other arrangement that
was not approved by County
0 Audit costs incurred by Municipality
0 Legal and accounting fees and expenses
0 Costs for operation, support, or maintenance of the Project
0 Interest expenses incurred by Municipality
❑ Municipality's staff or other personnel costs in directly performing the Project
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 31 of 42
EXHIBIT B-1 (Attachment 1 to Exhibit B)
Municipality's Employee Maximum Billing Rates
Surtax Project No: TAMA-003.1
Surtax Project Title: 70TH AVENUE TRAFFIC CALMING PROJECT
Services: Construction Management, Engineering, and Inspection (CEI)
EMPLOYEE
MAXIMUM
BILLING
RATE
($/HR)
Christopher Lyle/Project Manager (primas•y)
$40.06
Alan Lam/Project Engineer
$60.15
Dibb Machuca/Project Manager
$46.70
Fariel Khan/Engineering Service Coordinator
$20.49
John Doherty/Assistant Director of Public Services
$77.57
$0.00
$0.00
$0.00
$0.00
$0.00
Surtax Funding Restrictions: Municipality's payroll costs payable with surtax funds are limited to
the employee's time spent on the performance of eligible services approved by County for the
Surtax Project. Payroll costs/invoices must identify the employee or their position/title, the
applicable hourly billing rate, the nature of the services performed, and hours of services
performed.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 32 of 42
Advance Payment of Maximum Not -to -Exceed Amount
(Quarterly Draws in Advance of Expenditures for projects over $250,000)
Municipality shall invoice County for up to a quarter of the applicable Total Maximum Not -To -
Exceed Amount specified below in advance of the applicable Deliverable or Phase ("Application
for Funding"). The first Application for Funding shall be submitted to the Contract Administrator
no later than thirty (30) days after the full execution of this Agreement. Municipality shall submit
no more than four separate Applications for Funding per funding schedule provided below.
Each quarter will be funded in advance by County per the schedule(s) stated below, with each
funding amount determined by the Maximum Not -to -Exceed Amount for the applicable
Deliverable less any unexpended funding for prior Deliverables. Unexpended funds for prior
Deliverables shall be deducted from subsequent Applications for Funding or refunded to County,
as requested by the Contract Administrator.
Each Application for Funding (after the first) shall include the information required in the
Agreement including the following information for the prior Deliverables (as applicable): the
amount of funding received and evidence of actual expenditures (including documentation
demonstrating all invoices received from and payments made to Consultant/Contractor); a
statement indicating the cumulative amount of CBE participation; an updated progress schedule,
and all required certifications including that all Deliverables sought are statutorily eligible for
funding under Section 212.055, Florida Statutes.
Absent prior written approval by the Contract Administrator, Municipality may not submit an
Application for Funding for a Deliverable until all prior Deliverables have been satisfactorily
completed.
Deliverable/Phase Description
Maximum Not -
To -Exceed
Amount
Deliverables 0-2: Bidding; Contract Award and Executed Construction
Agreement; Notice to Proceed Issued; and Commencement of Contract
$132,225.50
Deliverable 3: Permitting; Clearing, grubbing and site preparation;
Mobilization; and Commencement of Work
$132,225.50
Deliverables 4: Substantial Completion
$132,225.50
Deliverables 5: Final Project Completion
$132,225.50
TOTAL MAXIMUM NOT -TO -EXCEED AMOUNT:
$528,902.00
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 33 of 42
EXHIBIT C
Reporting Requirements
Municipality shall submit to County and the Oversight Board, on a quarterly and annual basis, a
detailed Financial Report that includes the information contained in the attached Sample
Financial Report.
Municipality shall submit to County on a monthly basis a detailed report of the Project Metrics
and progress towards applicable goals in a form prescribed by County (see attached MAP PMO
Project Report Status Template). The reports must include sufficient information to enable
County's Program Management Office ("PMO") to track and document on a monthly basis:
• Key activities and Project milestones since the previous report;
• Expected activities/milestones to be completed before the next report;
• If applicable, key issues/challenges the Project faces and the plan to resolve or manage
the issues/challenges; and
• Overall status of the Project.
Municipality's annual financial report for the Project must be audited and certified by an
independent CPA, at Municipality's expense, with an opinion as to whether the financial
information in the report is presented in accordance with Generally Accepted Accounting
Principles and whether the Project is in accordance with the operative interlocal agreements for
surtax funding. The audit shall contain sufficient information for County and the Oversight Board
to determine if the Project expenditures conform to this Agreement and applicable law. The
annual financial report must also include cumulative financial information for each individual
Surtax -Funded Project undertaken by Municipality. The annual financial report must include
appropriate footnote disclosures in support of the financial information items presented,
including disclosure of any issue of noncompliance with this Agreement or applicable law.
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 34 of 42
Sample Financial Report
Project Name:
Quarterly Period:
Section A: Total/Maximum Proiect Fundine.
1.
Surtax Maximum Funding Amount (per Section 5.4)
$
2.
Non -Surtax Funding Awarded/Committed
$
3.
Total Project Funding (Total lines 1 + 2)
$
4.
Less Proceeds (as defined in Section 5.6)
($ )
5.
Adjusted Project Funding (Line 3 minus Line 4)
$
Section B: Fundinp, Received to Date
Quarter
Reported
Fiscal Year to
Date
Total
6.
Surtax Funding Received
$
$
$
7.
Non -Surtax Funding Received
_
$
$
$
8.
Total Project Funding Received
(Total lines 6 + 7)
$
$
$
Section C: Expenditures to Date
Quarter
Reported
Fiscal Year to
date
Total
9.
Surtax Funding Expended
$
$
$
10.
Non -Surtax Funding Expended
$
$
$
11.
Total Project Funding Expended
(Total lines 9 + 10)
$
$
$
Section D: Available Fundine to Date
12.
Adjusted Project Funding (Line 5 above)
$
13.
Total Project Funding Expended to Date (Line 11 above)
$
14.
Available Project Funding to date (Line 12 minus line 13)
$
Section E: Contract Financials (complete for each of Contractor and Consultant)
Original Contract amount
$
Changes (increases or decreases)
$
Revised contract amount
$
Total Work Completed to Date
$
Retainage Held to Date
$
Total Earned Less Retainage
$
Total Amount Paid to Date
$
Work Completed this Quarter
$
Retainage Held for Work Completed this Quarter
$
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 35 of 42
Retainage Released this Quarter
Amount Paid this Quarter
Section F: Quarterly Detailed Expenditures (for Quarter Reported)
Invoice
No.
Invoice
Date
Vendor Name
Description of Work
Invoice
Amount
Amount
Paid
Section G: Project Schedule & Status
15.
Project Schedule Completion Date
16.
_
Total Project Schedule Time Remaining
17.
Amount Project Is Ahead/Behind Schedule
❑ Ahead by_ Days
❑ Behind by_ Days
18.
Explanation for Change in Project Schedule:
19.
Project Run Rate (Actual vs. Planned Expenditures)
20.
Percentage of Project Phases/Milestones Met
Section H: Performance Metrics
A. [To be provided by the PMO as applicable]
B. [To be provided by the PMO as applicable]
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 36 of 42
MAP P O Project Status Report Templote
<Agency> Project: ._.h ill yr
Progress u pdate
Key mrtMties srmre cJ a aosc sta[a+s relport
.7
K'ey acttrrittes to ha cornpletad to the next c24> wooks:
Issues/Challenges:
Owner: I July 15,2019
Overall Progress
ctl • E.%:ecutinn mtral tlelsy
I,nr: . pwa.ey; h.lt rCC of db L
Summary: (may include)
• Key .tr.�ce.aways,ic, RoCC OB and SurTox A&vn
Project run race; actued us. planned
96 Woestnnes met
• Paps over budget
Leverage ra[fa
Key rem+nders of c.�i[iCalrlec sizxns/..rr�res[ones/etc
Proposodsaluttons:
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 37 of 42
Exhibit D Form Contracts
Surtax -Funded Projects Form Construction Contract:
Surtax -Funded Projects Form Consultant Contract:
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 38 of 42
Temp. Reso. 13725
Exhibit E December 15, 2021
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2022 — C� *".."
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING THE INTERLOCAL AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT- 70TH
AVENUE TRAFFIC CALMING PROJECT/TAMA-003.1 (ILA), ATTACHED
HERETO AS EXHIBIT 1"; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance public
transportation and multi -modal connectivity throughout the City,- and
WHEREAS, for Tamarac transportation projects to be considered for surtax
funding, the County required the adoption of the Transportation System Surtax Interlocal
Agreement with Broward County, the Broward Metropolitan Planning Organization and
Broward municipalities,- and
WHEREAS, such Interlocal Agreement and subsequently the first and second
amendments to this Agreement were adopted by Tamarac City Commission on
September 26, 2018 via Resolution No. R-2018-125 and October 10, 2018 via the
Resolution No. R 2018-129, on July 10, 2019 via Resolution No. R-2019-67 and on
February 24, 2021 via No. R-2021-019, respectively; and
WHEREAS, Broward County voters approved a 30-year, one percent surtax for
transportation in November 2018 and the first distribution of surtax revenues was received
by Broward County from the Florida Department of Revenue in March 2019; and
Municipal Interlocal Agreement for Surtax -Funded Transportation Projects Page 39 of 42
Temp. Reso. 13725
December 15, 2021
Page 2
WHEREAS, the City of Tamarac was awarded Cycle 1 transportation surtax
funding for four capital projects, including 70th Avenue Traffic Calming Project/TAMA-
003.1, and one Rehabilitation and Maintenance (R&M) project for a total award amount
of up to $4,047,058; and
WHEREAS, the approval and execution of the Interlocal Agreement between
Broward County and the City of Tamarac for Surtax -funded Municipal Transportation
Project: 70th Avenue Traffic Calming Project/TAMA-003.1 (ILA), attached HERETO as
Exhibit 1, is necessary to receive the allocated surtax funds in the amount of up to
$528,902 for the 701h Avenue Traffic Calming Project (Project); and
WHEREAS, the Directors of Community Development and Public Services
recommend approval of the ILA in order to receive surtax funds for the Project; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to approve the ILA to receive
surtax funds for the Project and authorize the appropriate City officials to take any and all
actions necessary to effectuate the intent of this Resolution.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORID&
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. All exhibits attached HERETO and referenced HEREIN are expressly
incorporated and made a specific part of this Resolution.
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Temp. Reso. 13725
December 15, 2021
Page 3
Section 2: The City Commission of the City of Tamarac HEREBY approves the
Interlocal Agreement between Broward County and the City of Tamarac for Surtax -funded
Municipal Transportation Project: 70th Avenue Traffic Calming Project/TAMA-003.1.
Section 3: The City Commission of the City of Tamarac HEREBY authorizes the
appropriate City officials to take any and all actions necessary to effectuate the intent of
this Resolution.
Section 4: All Resolutions in conflict herewith are HEREBY repealed to the extent
of such conflict.
Section 5: 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 portion or applications of this
Resolution.
"The remainder of this page has been left blank intentionally"
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Temp. Reso. 13725
December 15, 2021
Page 4
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this ae' day of 2022.
ATTEST:
JENhdIFER JOHNSON; GMC
CITY CLERK
ICHELLE J. GOUE-Z
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON Ic
DIST 2: V/M GELIN A:4-
DIST 3: COMM VILLALOBOS �J,.= 3
DIST 4: COMM. PLACKO '-
I HEREBY CERTIFY that I have 2approved this Resolution as
to form.
R. HERD
ATTORN
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