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Home My WebLink AboutCity of Tamarac Resolution R-2023-094Temp. Reso. #13992 August 23, 2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - O l� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR SURTAX - FUNDED MUNICIPAL TRANSPORTATION PROJECT: MILLING, PAVING, AND RESURFACING OF PUBLIC ROAD/BC-TAM- FY2020-00001-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 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and propriety powers to enable them to conduct municipal, perform municipal functions, and render municipal service, and exercise, any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; 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. #13992 August 23, 2023 Page 2 of 4 WHEREAS, for Tamarac transportation projects to be considered for surtax funding, Broward County required the adoption of the Transportation System Surtax Interlocal Agreement with the County, the Broward Metropolitan Planning Organization and Broward municipalities; and WHEREAS, such Interlocal Agreement ("ILA") and subsequently the first and second amendment to this Agreement were adopted by City of Tamarac City Commission on September 26, 2018 via Resolution No. R-2018-125 and October 10, 2018 via the Resolution No. R2018-129, on July 10, 2019 via Resolution No. R-2019-67 and on February 24, 2021 via R-2021-019, respectively; and WHEREAS, the City of Tamarac was awarded Cycle 1 transportation surtax funding for four capital projects and one Rehabilitation and Maintenance (R&M) Project: Milling, Paving, and Resurfacing of Public Road s/BC-TAM-FY2020- 00001("Project") for a total award amount up to $4,047,058-1 and WHEREAS, by Resolution No. R-2022-100, adopted on September 14, 2022, the City Commission approved the Interlocal Agreement to use the surtax funds for the Project in an amount not -to -exceed $2,817,339-1 and WHEREAS, City staff has requested to include a City -owned portion Hiatus Road to the BC-TAM-FY2020-00001 Project area, and Broward County has approved the request; and WHEREAS, City staff has also submitted an extension and project schedule adjustment request based on unforeseen delays; and Temp. Reso. #13992 August 23, 2023 Page 3 of 4 WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interest of the residents of the City of Tamarac to approve the First Amendment to the Interlocal Agreement to effectuate the addition of Hiatus Road and the schedule extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission hereby approves the First Amendment to the Interlocal Agreement to effectuate the addition of Hiatus Road and the schedule extension to the Rehabilitation and Maintenance ("R&M") Project: Milling, Paving, and Resurfacing of Public Road s/BC-TAM-FY2020-F00001, attached hereto as Exhibit "1 ". SECTION 3: The appropriate City Officials are authorized to take any and all actions necessary to effectuate the intent of this Resolution. SECTION 4: All resolutions or parts of 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 Temp. Reso. #13992 August 23, 2023 Page 4of4 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this )Y' day of &kef(usT 2023. ATTEST: KIMBE LY DZ ON, CMC CITY CLERK ICHELLE J. GO E MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ _'�G5 DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT JR ILJ 65 DIST 3: COMM. VILLALOBOS DIST4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE,QF„THE CITY OF TAMARAC ONLY. BK,' ,`;VI/ARD CC3Ut�3T7 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: MILLING, PAVING, AND RESURFACING OF PUBLIC ROADS/ BC -TAM - FY2020-00001 This First Amendment ("First Amendment") is entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and the City of Tamarac, a municipality of the State of Florida ("Municipality") (collectively referred to as the "Parties"). RECITALS A. The Parties entered into the Interlocal Agreement between Broward County and City of Tamarac for Surtax -Funded Municipal Transportation Project, dated September 23, 2022, (the "Agreement"), to provide for milling, paving, and resurfacing of public roads ("Project"). B. The Agreement expires by its terms on March 22, 2024. C. The Parties now desire to extend the term and revise the schedule to allow additional time to complete the Project. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this First Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Amendments to the Agreement made pursuant to this First Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. Section 4.1 of the Agreement is amended as follows: 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 MaFeh 22, 202- November 22, 2024 ("Initial Term"), unless extended pursuant to Section 4.2. 4. Sections 2 and 3 of Exhibit A of the Agreement are amended as follows: 1 First Amendment BC-TAM-FY2020-00001 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: No. Description Duration/Deadline Acceptance Criteria 1 Execution of ILA between September 16, 2022 ILA fully executed by City and City County and City of Tamarac government signed resolution- (City) Project Construction Advertising Bid, Award, Construction Contract Execution of Construction 2 Execution August 23 2023 Agreement Notice to Proceed (NTP), Permitting, and NTP Issued by City, Required Permits 3 Commencement of Contract Se tember 22 2023 pulled by Contractor Permitting; Clearing, Grubbing and Site Preparation; Mobilization May 11, 2 Completion of site preparation and 4 and Commencement of Work December 21 2023 commencement of work Substantial completion of Phase 1, subject to review and approval of project progress reports submitted to Phase 1: Per Project Phasing County's Transportation Surtax 5 Plan outlined in Exhibit A-2 February 19 2024 Project Management Office (PMO) Substantial completion of Phase 2, subject to review and approval of project progress reports submitted to Phase 2;: Per Project County's Transportation Surtax Phasing Plan (Exhibit A-2) Aril 19 2024 Project Management Office (PMO) Substantial completion of Phase 3, subject to review and approval of project progress reports submitted to Phase 3;_ Per Project Phasing County's Transportation Surtax Plan outlined in Exhibit A-2; NIA2023 Project Management Office (PMO); 7 Project Substantial Project Substantial Completion June 18 2024 Completion Project is certified, Consultant/ Engineer/PM's Notice of Acceptability presented to City, and 8 Final Completion JulV 18 2024 Final Payment Issued. First Amendment BC-TAM-FY2020-00001 3. Project Schedule: Description Deadline County and City execution of Project Specific ILA September 23, 2022 Bid Advertisement/Bid Award/Construction Contract Execution January 11, 2023 Notice to Proceed and Commencement of Contract September 22 2023 Phase 1 February 19 2024 Phase 2 April 19 2024 Phase 3 and Substantial Completion June 18 2024 Final Project Completion July 18 2024 S. In the event of any conflict or ambiguity between this First Amendment and the Agreement, the Parties agree that this First Amendment shall control. The Agreement, as amended herein by this First Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this First Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6. Preparation of this First Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 7. The Municipality acknowledges that through the effective date of this First Amendment, Municipality has no claims against County with respect to any of the matters covered by the Agreement, and Municipality has no right of set-off or counterclaims against any of the amounts payable under the Agreement. 8. The effective date of this First Amendment shall be the date of complete execution by the Parties. 3 First Amendment BC-TAM-FY2020-00001 9. This First Amendment may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 4 First Amendment BC-TAM-FY2020-00001 IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment: BROWARD COUNTY through its County Administrator, authorized to execute same by Board action on the 25th day of August, 2020, Agenda Item No. 86, and the CITY OF TAMARAC, signing by and through its City Manager, duly authorized to execute same. BROWARD COUNTY BROWARD COUNTY, by and through its County Administrat -- By_ Monica C erg , tLo day of 2023 _ CREATED to O OCT 1 st 1915 Approved as to form by 9�a COUN�r •`� Andrew J. Meyers �'�., ....... ��`� Broward County Attorney '��i,,,�►111� i►►►►�►�`��` 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Digitally signed by Angela J. Angela J. By Wallace Date: 2023.09.0811:41:55 04'00'— - Angela J. Wallace (Date) Transportation Surtax General Counsel AJW/hb BC-TAM-FY2020-00001— First Amendment 08/02/2023 #23-114.01 5 First Amendment BC-TAM-FY2020-00001 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SURTAX -FUNDED MUNICIPAL TRANSPORTATION PROJECT: MILLING, PAVING, AND RESURFACING OF PUBLIC ROADS/BC-TAM-FY2020-00001 MUNICIPALITY ATTEST: CITY CLERK 6 First Amendment BC-TAM-FY2020-00001 CITYj F TAMARAC t r._ By: 1 Levent Sucuoglu, City Manage y0 day of �, 2023 I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject✓fo,ox,pcLAon by the parties: " City Attorney