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Home My WebLink AboutCity of Tamarac Resolution R-2023-104Temp. Reso. No. 14000 September 13, 2023 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - )01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING A SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC, ATTACHED HERETO AS EXHIBIT 1" TO PROVIDE FOR BUS STOP IMPROVEMENTS AT AN ADDITIONAL FORTY FIVE (45) LOCATIONS THROUGHOUT THE CITY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO AGREEMENT ATTACHED HERETO AS EXHIBIT "1" AND INCORPORATED HEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provision of bus benches by the City provides a valuable public service to residents and visitors in the City of Tamarac (herein referred to as the "City"); and WHEREAS, on June 11, 2011, the City Commission approved Agreement between Broward County and City of Tamarac, dated August 16, 2011, for Maintenance of Bus Shelters (attached hereto as Exhibit "2", incorporated herein, and made a specific part thereof) authorizing the installation and maintenance of sixteen (16) bus shelters; and WHEREAS, on January 27, 2021, the City Commission approved FirstAmendment to Agreement between Broward County and City of Tamarac for Maintenance of Bus Shelters to provide for the installation and maintenance of amenities at seventy-nine (79) additional locations (attached hereto as Exhibit "3", incorporated herein, and made a specific part thereof) for a total of 95 bus shelters with amenities; and WHEREAS, the Director of Community Development recommends executing Second Amendment to Agreement between Broward County and the City of Tamarac for Maintenance of Bus Shelters (attached hereto as Exhibit "1 ") to provide for the installation and maintenance of amenities at forty-five (45) additional locations for a total of one Temp. Reso. No. 14000 September 13, 2023 Page 2 of 3 hundred and forty (140) bus shelters amenities; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City officials to accept and execute Second Amendment to Agreement between Broward County and the City of Tamarac for Maintenance of Bus Shelters for a total of one hundred and forty (140) bus shelter amenities. 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 upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to accept and execute Second Amendment to Agreement between Broward County and the City of Tamarac for Maintenance of Bus Shelters, included herein as Exhibit "1 ". SECTION 3: The City Manager or his designee is hereby authorized to approve any renewal options and the extension of said acceptance of this Agreement as may be authorized by Broward County. 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 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. No. 14000 September 13, 2023 Page 3 of 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 15�- DAY OF SEPTEMBER 2023. ATTEST: MBERLY DIL ON, CMC CITY CLERK — /-/,, L& J-�& MICHELLE J. GOVIE1, MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ: DIST 1: V/M BOLTON_ DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. HANS O`TTINOT CITY ATTORNEY 8K, MARQ COUNTY EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR MAINTENANCE OF BUS SHELTERS This is the Second Amendment to the Agreement (the "Second Amendment") between Broward County (the "County") and the City of Tamarac, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida (the "Municipality") (collectively the "Parties"). ITx41ld�01 A. The Parties entered into an Agreement dated August 16, 2011 (the "Agreement"), that provided for the installation and maintenance of bus stop improvements within the jurisdictional limits of the Municipality. B. On April 8, 2021, the Parties entered into a First Amendment to include seventy- nine (79) additional bus shelters. C. The Parties desire to enter this Second Amendment to provide for bus stop improvements at forty-five (45) additional locations. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: Except as expressly modified herein, all terms and conditions of the Agreement remain in full force and effect. Amendments made to the Agreement by this Second Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Terms used herein but not defined herein shall have the meaning ascribed to such terms in the Agreement. 2. Exhibit A is revised as indicated in the attached Exhibit A. 3. The effective date of this Second Amendment shall be the date of complete execution by both Parties. This Second Amendment, together with the Agreement and the First Amendment, represents the final and complete understanding of the Parties regarding the subject matter of the items addressed herein, and together with the Agreement, 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 Second Amendment or the Agreement that is not contained in this written document or the Agreement. 4. This Second Amendment 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. 5. Each individual executing this Second Amendment on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Second Amendment, duly authorized by all necessary and appropriate action to execute this Second Amendment on behalf of such party and does so with full legal authority. [Remainder of this page is intentionally blank.] 2 SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR MAINTENANCE OF BUS SHELTERS CITY OF TAMARAC WITNESSES: By City Manager (Signature (Qldayoft 1 , 20 3o ij I)a Sm atl Is (Print Name of Witness) Ap (Signat )0,a� (I %► By (Print NcetaYe of Witness) N Exhibit A PROJECT IMPROVEMENT AND SCOPE Summary of Work Install bus shelters and associated amenities at 95 140 separate locations throughout the City of Tamarac, in accordance with the attached list of locations (see table below). The shelters shall be manufactured and installed in accordance with the manufacturer's specifications. W y Uj Z Z W d r W Z 0 oc oc O O0. } �_ m U Q O �nl � U Q W cn W F- Z N 1 U Z Q Y 0 a o 0 0 = N m m U UNIVERSITY Small 193 NW58ST NB Nearside Yes Yes Yes STATE DR I UNIVERSITY 194 NW 61 ST NB Farside No Yes Yes Yes STATE DR UNIVERSITY 195 NW 64 ST NB Farside No Yes Yes Yes STATE DR UNIVERSITY Small 196 MCNAB RD NB Nearside Yes Yes Yes STATE DR UNIVERSITY Large 197 MCNAB RD NB Farside Yes Yes Yes STATE UNIVERSITY 198 NW 72 ST NB Farside Small Yes Yes Yes STATE DR UNIVERSITY 199 NW 78 ST NB Farside No Yes Yes Yes STATE DR UNIVERSITY SOUTHGATE 200 NB Farside Large Yes Yes Yes STATE DR BLVD UNIVERSITY 250 NW 78 ST SB Farside Large Yes Yes Yes STATE DR L 251 UNIVERSITY MCNAB RD SB Nearside rge Yes Yes Yes STATE Large 252 UNIVERSITY MCNAB RD SB Farside Yes Yes Yes STATE UNIVERSITY 253 NW 61 ST SB Farside Large Yes Yes Yes STATE W LLJ H LLJ LLS Z W d 0 NI O O = m U O HI Z V LLI Q U W t; Z m LALLI Q Y O H 0 OC 0LLI co U N UNIVERSITY L 254 NW 57 ST SB Nearside rge Yes Yes Yes STATE DR 826 NOB HILL RD NW 77 ST SB Farside No Yes Yes Yes COUNTY 887*— NOB HILL RD NW 71 PL SB Farside Small Yes Yes No COUNTY WESTWOOD 1001 NOB HILL RD SB Nearside No Yes Yes Yes COUNTY RD 1002 NOB HILL RD DESTWOOD NB Farside No Yes Yes Yes COUNTY 1003 NOB HILL RD NW 71 PL NB Farside Large Yes Yes Yes COUNTY 1015 NOB HILL RD NW 77 ST NB Farside Large Yes Yes Yes COUNTY COMMERCIAL 1273 SR 7 SB Farside Medium Yes Yes Yes STATE BLVD COMMERCIAL 1679 NW 31AVE WB Farside Small Yes Yes Yes STATE BLVD COMMERCIAL 1682 NW 47 TERR WB Nearside Small Yes Yes Yes STATE BLVD COMMERCIAL 1683 NW 49 AVE WB Farside No Yes Yes Yes STATE BLVD — — — — — COMMERCIAL 1684*— NW 70AVE WB Farside Small Yes Yes Yes STATE BLVD WESTWOOD 1685 MCNAB RD EB Nearside No Yes Yes No CITY BLVD — — — — Small 1686 MCNAB RD NW 84 AVE EB Farside Yes Yes No COUNTY COMMERCIAL 1694 NW 29 TERR EB Farside No Yes Yes Yes STATE BLVD COMMERCIAL 1695 NW 28 AVE EB Farside No Yes Yes Yes STATE BLVD — — — — — COMMERCIAL 1696 NW 26 TERR EB Nearside No Yes Yes Yes STATE BLVD — — — — — COMMERCIAL 1697 PROSPECT RD EB Nearside Small Yes Yes Yes STATE BLVD W LJ Z Z W } Z Y 0 Y oC O _O _ Z m = U 0 Z N LLI U La m Q Y N 0 OC i N m U COMMERCIAL 2222 PROSPECT RD NB Farside No Yes Yes Yes COUNTY BLVD — — — — 2224 PROSPECT RD NW 27 AVE WB Nearside No Yes Yes Yes COUNTY 2229 PROSPECT RD NW 27 AVE EB Farside No Yes Yes Yes COUNTY COMMERCIAL Small 2231 NW 31 AVE SB Farside Yes Yes Yes COUNTY BLVD x2 Small 2528 PROSPECT RD NW 55 ST SB Farside Yes Yes Yes COUNTY COMMERCIAL 2803 NW 38TERR WB Farside Yes Yes Yes Yes STATE BLVD 2805 MCNAB RD NW 70 AVE EB Nearside Small Yes Yes Yes COUNTY 2809*— MCNAB RD UNIVERSITY WB Nearside Small Yes Yes Yes COUNTY DR COMMERCIAL 2811 NW 73 AVE WB Nearside No Yes Yes Yes STATE BLVD 2812 MCNAB RD NW 93 AVE EB Farside No Yes Yes Yes CITY 2827 MCNAB RD NOB HILL RD EB Farside Small Yes Yes Yes CITY BROOKWOODDR 2829 MCNAB RD EB Farside No Yes Yes No COUNTY UNIVERSITY 2870 MCNAB RD WB Farside Small Yes Yes Yes COUNTY DR 2872 MCNAB RD NW 84 AVE EB Farside No Yes Yes No CITY PRIDNE ISLAND 2873 MCNAB RD WB Nearside No Yes Yes Yes COUNTY UNIVERSITY Small 2883 MCNAB RD EB Farside Yes Yes Yes COUNTY DR PINE ISLAND SOUTHGATE 2886 NB Farside No Yes Yes Yes COUNTY RD BLVD PINE ISLAND SOUTHGATE 2936 SB Farside Small Yes Yes Yes COUNTY RD BLVD H H Z W Z Id o `^I O O U O V� Z N U Q U w J Z m H Q w Y O y~j 0 I= B 0 N co U 2990 MCNAB RD NW 95 TERR EB Nearside No Yes Yes Yes CITY 3006 MCNAB RD NW 94 AVE EB Nearside No Yes Yes Yes CITY UNIVERSITY 3204 NW 78 ST NB Nearside Small Yes Yes Yes STATE DR UNIVERSITY 3205 NW 82 ST NB Farside Small Yes Yes Yes STATE DR 1 3207 UNIVERSITY NW 83 ST SB Farside Large Yes Yes Yes STATE 3208 UNIVERSITY NW 82 ST SB Farside Large Yes Yes Yes STATE UNIVERSITY 3209 NW 72 ST SB Nearside Small Yes Yes Yes STATE DR UNIVERSITY 3222 NW 57 ST NB Nearside Medium Yes Yes Yes STATE DR UNIVERSITY 3223*— NW 61 ST NB Nearside Small Yes Yes Yes STATE DR UNIVERSITY 3228 NW 64 ST SB Nearside No Yes Yes Yes STATE DR UNIVERSITY 3229* NW 76 ST NB Farside Small Yes Yes Yes STATE DR UNIVERSITY SOUTHGATE 3230 SB Nearside Large Yes Yes Yes STATE DR BLVD UNIVERSITY 3231*— NW 64 ST SB Farside Small Yes Yes Yes STATE DR UNIVERSITY 3232 NW 58 ST SB Nearside Small Yes Yes Yes STATE DR PINE ISLAND 3246 NW 81 ST NB Farside No Yes Yes Yes COUNTY RD SOUTHGATE 3250 NOB HILL RD SB Farside Small Yes Yes Yes COUNTY BLVD PRIDNE ISLAND 3323 MCNAB RD WB Farside Small Yes Yes Yes CITY COMMERCIAL 3324 NW 64 AVE WB Farside Small Yes Yes Yes STATE BLVD 3326 NOB HILL RD NW 81 ST SB Nearside No Yes Yes Yes COUNTY F'1 H w Z H� NI O O ~ � = m = c� 3 O H L) V w Z LLJ Q CC Y OC (AZ CwC 0 m co C7 N 3392 MCNAB RD NOB HILL RD WB Nearside Small Yes Yes Yes CITY 3482 PROSPECT RD NW 52 ST SB Nearside No Yes Yes Yes COUNTY PINE ISLANDRD 3637 MCNAB RD EB Farside No Yes Yes Yes COUNTY SNOB HILL 3710 NOB HILL RD SB Farside No Yes Yes Yes COUNTY CIR PINRD E ISLAND 3756 MCNAB RD SB Farside Small Yes Yes Yes COUNTY 3765 PROSPECT RD NW 21 AVE WB Farside No No Yes Yes COUNTY COMMERCIAL 3773 PROSPECT RD SB Nearside No Yes Yes Yes COUNTY BLVD PINRD E ISLAND 4011 MCNAB RD EB Nearside No Yes Yes Yes CITY COMMERCIAL N. SABAL 4110 WB Farside No Yes Yes Yes STATE BLVD PALM BLVD 4111** COMMERCIAL UNIVERSITY WB Nearside Small Yes Yes Yes STATE BLVD DR PINRD E ISLAND 4172 NW 57 ST SB Nearside Small Yes Yes Yes COUNTY PINE ISLAND 4332 RIVERSIDE ST NB Farside No Yes Yes No COUNTY RD LAGOS DE 4339 MCNAB RD EB Farside Small Yes Yes Yes COUNTY CAM PO 4343 MCNAB RD NW 95 TERR WB Nearside No Yes Yes Yes CITY 4344 MCNAB RD NW 98 AVE WB Nearside No Yes Yes Yes CITY 4351 MCNAB RD NW 92 AVE WB Farside No Yes Yes Yes CITY WESTWOOD 4352 MCNAB RD WB Nearside No Yes Yes Yes CITY BLVD COMMERCIAL UNIVERSITY 4353 WB Farside Small Yes Yes Yes STATE BLVD DR 4475 MCNAB RD NW 98 AVE EB Farside Small Yes Yes Yes CITY ~ Z W } Z 0 O u O ZI N� W U J W Q Y o O co~ m °C c� N COMMERCIAL 4518 NW 31 AVE EB Farside Small Yes Yes Yes STATE BLVD SOUTHGATE 4519 NOB HILL RD NB Nearside Small Yes Yes Yes COUNTY BLVD COMMERCIAL 4610 SR 7 WB Farside Small Yes Yes Yes STATE BLVD 4756 PROSPECT RD NW 55 CT NB Nearside No Yes Yes Yes COUNTY 4768 NW 31 AVE PROSPECT RD NB Nearside Small Yes Yes Yes COUNTY COMMERCIAL N. SABAL 5035 EB Farside Small Yes Yes Yes STATE BLVD PALM BLVD COMMERCIAL 5036 NW 49 AVE EB Nearside No Yes Yes Yes STATE BLVD COMMERCIAL 5037 NW 47 TERR EB Farside Small Yes Yes Yes STATE BLVD — — COMMERCIAL ROCK ISLAND 5064 WB Farside Yes Yes Yes Yes STATE BLVD RD COMMERCIAL WOODLAND 5065 WB Farside No Yes — Yes Yes STATE BLVD. BLVD — — 11 — COMMERCIAL 5066 NW 57 WAY WB Nearside Small Yes Yes Yes STATE BLVD COMMERCIAL 5067 NW 58 WAY WB Farside No Yes Yes Yes STATE BLVD COMMERCIAL WHITE OAK 5068 WB Farside No Yes Yes Yes STATE BLVD LN COMMERCIAL 5070 NW 79 AVE WB Farside No Yes Yes Yes COUNTY BLVD COMMERCIAL 5071*— NW 82 AVE WB Farside Small Yes Yes Yes COUNTY BLVD COMMERCIAL 5073 NW 84TERR WB Farside No Yes Yes Yes COUNTY BLVD COMMERCIAL PINE ISLAND 5074 WB Nearside Small Yes Yes Yes COUNTY BLVD RD COMMERCIAL 5076 NW 94AVE WB Farside No Yes Yes Yes CITY BLVD COMMERCIAL WHITE OAK 5093 EB Nearside No Yes Yes No STATE BLVD LN 0 Q I--Z LAN H oWc H� Q CC ~ Lli NI N U O V W cf- Q p ~ U Q J W a w f" W N = Z W CoIx m = N F- u � W Y m 3 5094 COMMERCIAL BLVD BANYAN LN EB Nearside Small Yes Yes Yes STATE 5096 COMMERCIAL BLVD ROCK ISLAND RD EB Farside Small Yes Yes Yes STATE S098 COMMERCIAL BLVD SR 7 EB Farside MP Yes Yes Yes STATE 5099 COMMERCIAL BLVD. NW 37 AVE EB Nearside Small Yes Yes Yes STATE 5110 PROSPECT RD NW 52 CT NB Nearside No Yes Yes No COUNTY 5130 PINE ISLAND NW 81 ST SB Farside No Yes Yes No COUNTY RD 5131 PINE ISLAND NW 79 ST SB Farside No Yes Yes Yes COUNTY RD 5132 PINE ISLAND RD NW 78 PL SB Farside No Yes Yes No COUNTY 5133 PINRD E ISLAND NW 77 ST SB Farside Small Yes Yes Yes COUNTY 5134 PINE ISLAND TAMARAC CITY HALL SB INFR No Yes Yes Yes COUNTY RD 5135 PINRD E ISLAND NW 75 ST SB Farside No Yes Yes Yes COUNTY 5137 PINE ISLAND NW 67 CT SB Farside No Yes Yes Yes COUNTY RD 5138 PINE ISLAND RD PARADISE DR SB Nearside Small Yes Yes Yes COUNTY 5188 PINE ISLAND RD COMMERCIAL BLVD NB Farside Large Yes Yes Yes CITY 5190 PINE ISLAND RD NW 61 ST NB Farside No Yes Yes No COUNTY 5192 PINE ISLAND WOODMONT NB Nearside No Yes Yes Yes COUNTY RD TERR 5193 PINE ISLAND RD NW 75 ST NB Farside No Yes Yes No COUNTY 5194 PINRD E ISLAND NW 77 ST NB Nearside No Yes Yes Yes COUNTY 5195 PINE ISLAND RD NW 79 ST NB Farside No Yes Yes Yes COUNTY In O N � � Z ~ � N 0 U U LJJ Z O Q O W uw J LLJm Z LL1 Z N Q ~ U w Y m O 5333 PROSPECT RD HENDERSONEB HEALTH INFR No Yes Yes No COUNTY 5359 COMMERCIAL PINE ISLAND RD WB Farside No — Yes Yes Yes CITY BLVD — 5397*— UNIVERSITY DR NW76ST SB Nearside Small Yes Yes Yes STATE 5441 NOB HILL RD NW 80 ST SB Farside Small Yes Yes Yes COUNTY 5442 NOB HILL RD NW 80 ST NB Nearside No Yes Yes Yes COUNTY 5443 NOB HILL RD NW 81 ST NB Nearside Large Yes Yes Yes COUNTY 5469 NOB HILL RD COMMERCIAL NB — Farside No — Yes Yes Yes COUNTY BLVD 5470 NOB HILL RD STATE ST NB Farside No Yes Yes Yes COUNTY 5471 NOB HILL RD MCNAB RD NB Nearside Small Yes Yes Yes COUNTY 5472 MCNAB RD NOB HILL RD WB Farside Large Yes Yes Yes CITY 5474 HIATUS RD NW 67 ST SB Nearside Yes Yes Yes Yes CITY 5475 HIATUS RD NW 67 ST SB Farside Yes Yes Yes Yes CITY 5476 HIATUS RD #6001 SB Nearside Yes Yes Yes Yes CITY 5477*— HIATUS ROAD COMMERCIAL BLVD SB Nearside Small Yes Yes Yes CITY 5479 SR 7 NW 49 ST NB Nearside No Yes Yes Yes STATE 5541 COMMERCIAL BLVD SR 7 WB Nearside No Yes Yes Yes STATE EXHIBIT 2 AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for MAINTENANCE OF BUS SHELTERS AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for MAINTENANCE OF BUS SHELTERS THIS IS AN AGREEMENT made and entered into by and between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." WHEREAS, the parties desire to increase the amenities at bus stops to improve the comfort of the traveling public; and WHEREAS, COUNTY has determined that it is cost effective for COUNTY to furnish and install bus shelter improvements within the jurisdictional limits of MUNICIPALITY, provided that MUNCIPALITY agrees to maintain the bus shelters upon installation; and WHEREAS, MUNICIPALITY has expressed its desire to maintain the improvements; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to improve bus stop comfort by providing bus shelters and other amenities; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, and covenants hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: -2- ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 "Agreement' shall mean this document, Articles 1 through 8, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 "Board" shall mean the Broward County Board of County Commissioners. 1.3 "Contract Administrator" shall mean the Broward County Administrator, the Director of the Transportation Department or designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with MUNICIPALITY and to manage and supervise execution and completion of the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Participation. 1.4 "County Administrator" shall mean the administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 "County Attorney" shall mean the chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 "Department" shall mean the Broward County Transportation Department. 1.7 "Bus Shelter(s)" shall mean the bus stop shelter pad(s), shelter structure(s), trash receptacle(s) and other amenities commonly associated with shelters. ARTICLE 2 SCOPE COUNTY and MUNICIPALITY shall: 2.1 COUNTY shall install or cause to be installed Bus Shelter(s) which are described and located as set forth on Exhibit "A" within the jurisdiction of MUNICIPALITY. The installation of the Bus Shelter(s) shall be at no cost to MUNICIPALITY. Prior to installation of a Bus Shelter, the COUNTY shall obtain a building permit from the MUNICIPALITY. The Bus Shelters shall remain the property of COUNTY. MUNICIPALITY shall provide easement(s) in a form acceptable to COUNTY prior to the installation of the Bus Shelter(s), where applicable, if requested by COUNTY. MUNICIPALITY shall have the authority to inspect the Bus Shelters prior to acceptance of Bus Shelters for maintenance purposes. COUNTY shall -3- provide MUNICIPALITY with written notice of the installation of the Bus Shelter, and MUNICIPALITY shall have three (3) business days, excluding holidays, to inspect the Bus Shelter and advise COUNTY, in writing, of any issues regarding the installation. The MUNCIPALITY shall provide COUNTY with written notice of the MUNICIPALITY's acceptance of the Bus Shelter. In the event the MUNICIPALITY identifies any issues regarding the installation of the Bus Shelter, COUNTY shall take all reasonable steps to promptly address the issues identified in the MUNICIPALITY's notice. COUNTY shall warrant the installation of the Bus Shelters for a period of one year following written acceptance by the MUNICIPALITY, and the COUNTY shall assign any warranties for the Bus Shelters to the MUNCIPALITY. 2.2 MUNICIPALITY agrees to maintain, at its sole cost and expense, the Bus Shelter(s) set forth on Exhibit "A," in compliance with any and all applicable laws which shall 'include, but not be limited to, laws and regulations relating to the Americans with Disabilities Act of 1990, as currently enacted or as may be amended from time to time ("ADA"). The Bus Shelter(s) shall be kept clean and free from trash and debris. The Bus Shelter(s) shall be kept free of graffiti. As part of the maintenance responsibility, MUNCIPALITY shall at all time keep Bus Shelters in good repair and replace, defective, damaged or worn out parts of the Bus Shelter(s). MUNICIPALITY's responsibility to keep the Bus Shelter(s) in good repair shall include all necessary maintenance of any type or nature, including, but not limited to, maintenance, repair and replacement of defective, damaged or worn out parts due to normal wear and. tear, acts of God, vandalism and accidents. MUNCIPALITY shall take all necessary steps to maintain the Bus Shelters in a manner to protect against injury to any person or property. In the event that a Bus Shelter should suffer significant damage, MUNICIPALITY shall immediately report the damage to COUNTY and MUNICIPALITY shall immediately take any and all steps reasonably necessary to protect against injury to any person or property. Significant damage shall mean damage to the Bus Shelter which renders the Bus Shelter no longer suitable to meet and perform adequately for the purpose for which is was constructed and it may not be safely maintained within the parameters set forth by the manufacturer. Following a determination by COUNTY, in consultation with MUNICIPALITY, that the Bus Shelter has suffered significant damage and that the Bus Shelter is beyond repair, MUNICIPALITY shall remove the Bus Shelter no later than three (3) business days, excluding holidays, following receipt of written notice of COUNTY's determination. COUNTY's determination relating to the ability to repair the Bus Shelter shall be final Neither COUNTY nor MUNICIPALITY shall be required to replace a shelter which has suffered significant damage and been deemed by the COUNTY to be beyond repair. In the event that COUNTY, in its sole discretion shall replace a Bus Shelter, MUNICIPALITY acknowledges and agrees that all terms and conditions of this Agreement shall apply to the replacement Bus Shelter. -4- 2.3 All Bus Shelter(s) shall at all times have a notification sign posted with the name and phone number of the contact person for MUNICIPALITY responsible for maintenance of the Bus Shelter(s) so that members of the public may contact MUNICIPALITY regarding problems with the Bus Shelter(s). MUNICIPALITY shall promptly respond and correct all complaints regarding maintenance. 2.4 COUNTY and MUNICIPALITY agree and understand that this Agreement does not change the COUNTY road functional classification. 2.5 No advertisements will be permitted on Bus Shelters. 2.6 The maintenance obligations of the MUNICIPALITY as set forth in this Agreement may be performed by MUNICIPALITY through the use of its employees or MUNICIPALITY may enter into a contract with a third party to perform the services. In the event MUNICIPALITY contracts with third party, MUNICIPALITY shall remain fully responsible hereunder and shall ensure that its contractor complies at all times with each and every term, condition, duty, and obligation set forth herein. ARTICLE 3 TERM AND TERMINATION 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall terminate as provided for in Sections 3.2 through 3.6, herein below. 3.2 This Agreement may be terminated for cause by COUNTY, through action of the Board if MUNICIPALITY has not corrected the breach within thirty (30) days of written notice given by COUNTY to MUNICIPALITY setting forth the breach. If MUNICIPALITY corrects the breach within thirty (30) days after written notice of same, to the sole satisfaction of COUNTY, the Agreement shall remain in full force and effect. If such breach is not corrected and improved within thirty (30) days of receipt of notice of breach, COUNTY may terminate the Agreement. Specifically in the case of MUNICIPALITY's requirement to maintain the Property, COUNTY, at the option of Contract Administrator, may cause such breach to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement, or terminate this Agreement. If COUNTY opts to correct and improve the breach, and bills MUNICIPALITY for same, MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's receipt thereof. 3.3 Termination of this Agreement for cause shall include, but not be limited to, failure of MUNICIPALITY to suitably perform the services required by Article 2 herein, failure of MUNICIPALITY to maintain the Bus Shelter(s) pursuant to the terms of this Agreement, or a failure of MUNICIPALITY to continuously perform the services required by the terms and conditions of this Agreement in a manner calculated to meet or accomplish the objectives set forth herein, notwithstanding -5- whether any such breach was previously waived or cured. 3.4 This Agreement may be terminated for convenience by COUNTY upon thirty (30) days' written notice given by COUNTY to MUNICIPALITY. This Agreement may also be terminated by County Administrator upon such notice as County Administrator deems appropriate in the event that County Administrator determines that termination is necessary to protect the public health, safety, or welfare. 3.5 In the event this Agreement is terminated for convenience, upon being notified of election to terminate, the parties shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right to terminate this Agreement for convenience. 3.6 Notice of termination shall be provided in accordance with the Article 5, "NOTICES," except that notice of termination by County Administrator which County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 5, "NOTICES." ARTICLE 4 CHANGES IN SCOPE Any change to the Scope must be accomplished by a written amendment, executed by the parties in accordance with Section 8.12 below. ARTICLE 5 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Director, Broward County Transportation Department 3201 West Copans Road Pompano Beach, Florida 33069 FOR MUNICIPALITY: City of Tamarac City Manager 7525 N.W. 88th Avenue Tamarac, Florida 33321 ARTICLE 6 INDEMNIFICATION 6.1 MUNICIPALITY and COUNTY are state agencies or political subdivisions as defined in Section 768.28, Florida Statutes (2006), as may be amended, and agree to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable, Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 6.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, addressed herein above, any contract with such third party shall include the following provisions: 6.2.1 Indemnification: MUNICIPALITY's contractor shall indemnify and hold harmless COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of MUNICIPALITY's contractor and persons employed or utilized by MUNICIPALITY's contractor in the performance of this Agreement. Except as specifically provided herein, MUNICIPALITY's contractor shall not be required to indemnify COUNTY from any damages directly caused or resulting from the sole negligence of COUNTY, its officers, agents or employees. These indemnifications shall survive the term of this Agreement. 6.2.2 In order to insure the indemnification obligation, MUNICIPALITY's contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Article 7, Section 7.2, in accordance with the terms and conditions required by this Article. 6.2.3 For any policies referred to in Section 6.2.2, which require the payment of a deductible, the deductible shall be paid by the Municipality's contractor. The policies referred to in Section 6.2.2 shall be issued by United States Treasury approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. -7- ARTICLE 7 INSURANCE 7.1 MUNICIPALITY is an entity subject to Section 768.28, Florida Statutes, as may be amended, and MUNICIPALITY shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this Agreement. Additionally, if MUNICIPALITY elects to purchase excess liability coverage, MUNICIPALITY agrees that COUNTY will be furnished with a Certificate of Insurance listing the Broward County Board of County Commissioners as certificate holders and as additional named insureds. 7.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, any contract with such third party shall include, at a minimum, the following provisions: 7.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "B," a copy of which is.attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY and Broward County Board of County Commissioners as an additional insured. 7.2.2 MUNICIPALITY's contractor shall furnish to Contract Administrator Certificates of Insurance or Endorsements evidencing the insurance coverages specified by this Article prior to beginning the performance of work under this Agreement. 7.2.3 Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of MUNICIPALITY's contractor is completed. All policies must be endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.2.4 For any policies referred to above, which require the payment of a deductible, the deductible shall be paid by the Municipality's contractor. The policies shall be issued by United States Treasury approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. 7.2.5 The foregoing requirements represent minimum coverages that shall be contained in MUNICIPALITY's contracts with a third party. Any additional requirements for professional liability, property/builders risk, installation floater, and environmental or pollution shall be subject to r:11 MUNICIPALITY's standard requirements for the Project. ARTICLE 8 MISCELLANEOUS 8.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right to audit the books, records, and accounts of MUNCIPALITY and its subcontractors that are related to this Agreement. MUNCIPALITY and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of MUNCIPALITY and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, MUNCIPALITY or its subcontractor, as applicable, shall make same available at no cost to COUNTY in written form. MUNCIPALITY and its subcontractors shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public ' Records Act is determined by COUNTY to be applicable to MUNCIPALITY's and its subcontractors' records, MUNCIPALITY and its subcontractors shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by MUNCIPALITY or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. MUNCIPALITY shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 8.2. 8.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of W the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, MUNICIPALITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, advertising, layoff, termination, rates of I and conditions of employment, trai accessibility. transfer, recruitment or recruitment )ay, other forms of compensation, terms ning (including apprenticeship), and 8.2.1 MUNICIPALITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16Y2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 8.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16'/2) in performing any services pursuant to this Agreement. 8.3 INDEPENDENT CONTRACTOR E:W MUNCIPALITY is an independent contractor under this Agreement. Services provided by MUNCIPALITY pursuant to this Agreement shall be subject to the supervision of MUNCIPALITY. In providing such services, neither MUNCIPALITY nor its agents shall act as officers, employees, or agents of COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to MUNCIPALITY or MUNCIPALITY's agents any authority of any kind to bind COUNTY in any respect whatsoever. THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. In addition, MUNCIPALITY shall not subcontract any portion of the work required by this Agreement, except as authorized herein. COUNTY may terminate this -10- Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by MUNCIPALITY of this Agreement or any right or interest herein without COUNTY's written consent. MUNCIPALITY represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. MUNCIPALITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of MUNCIPALITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards 8.6 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNCIPALITY agree that each requirement, duty, and obligation set forth herein was bargained for at arms' -length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 8.7 COMPLIANCE WITH LAWS. MUNICIPALITY shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 8.8 SEVERANCE. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 8.9 JOINT PREPARATION. Each party and its counsel have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has -11- been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. 8.10 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 8.11 JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, MUNICIPALITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 8.12 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by COUNTY and MUNICIPALITY or others delegated authority to or otherwise authorized to execute same on their behalf. 8.13 PRIOR AGREEMENTS. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior -12- representations or agreements, whether oral or written. 8.14 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 8.15 REPRESENTATION OF AUTHORITY Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duty authorized by all necessary and appropriate action to execute this AgYbeftfeht on behalf Of such party and does so with full legal authority. 8.16 MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed, by all parties, each of which, bearing original signatures, shall have the ford -: and effect of • an original document. (REMAINDER OF THIS PAGE IS INTENTIONALLY: LEFT BLANK) -13- IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and t rough its or or V�a- Mayor, authorized to execute same by Board action on the day of (,� Sr , 20 C and CITY OF TAMARAC, signing by and through its " duly authorized to execute same. A Cc(unty AdminisYator d Ex-Officio Clerk of the Board of CoAut�p�1t �ioners of Browa rd ;'WM0pi 02 CREATED • i, o co ocT 1st 7n o : !o ca_ sv :• 1915 'y cousR'i. /IJJININ�1ti Approved as to Insurance Requirements: By is anagement -14- COUNTY: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS L4± Zoll 2-OA- Approved as to form by Office of County Attorney Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Sharon V. Thorsen Senior Assistant County Attorney Approved by: Noel M. Pfe-ffbf, Deputy County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR MAINTENANCE OF BUS SHELTERS (SEAL) MUNICIPALITY: THE CITY OF TAMARAC By - Mayor -Commissioner q day ofQ��, 20� TA,&f r4e anager m � ESTAB LISHED�.Q_ yof-SV.Y�-� ,20�•� =73' 1963 =0'' SEAL 10 9 APPROVE AS TO FORM: 1,1,11 110,\ BY i y Attorney SVT:slw 5/20/11 313/11 2/28/11 5/27/10 TRANS I TbussheltersmaintenanceTAMARAC 09-114.09 H:\2005\050164 TAMARAC\AGMTS\Bus Shelter Maintenance ILA (5-5-11).docx -15- PROJECT IMPROVEMENT AND SCOPE Summary of Work Install bus shelters and associated amenities at 16 separate locations throughout the City of Tamarac, in accordance with the attached list of locations (see table below). The shelters shall be manufactured and instaled in accordance with the manufacturer's specifications. , �- > V�� > 3 ~ O W Z o t; O Qu QU O Z I 6 g Q Q O oC H V O ii Z W ZO = m m r. ac to 197 UNIVERSITY DR MCNAB RD NB IF L N N N I N N STATE TAMARAC 250 UNIVERSITY DR NW78th STREET SB F L Y N Y N Y STATE TAMARAC 251 UNIVERSITY DR MCNAB RD SB N L Y N Y N Y STATE TAMARAC 252 UNIVERSITY DR MCNAB RD SB F L Y N Y N Y STATE TAMARAC 254 UNIVERSITY DR NW 57 ST SB N L Y N Y N Y STATE TAMARAC COMMERCIAL 1273 SR 7 BLVD SB F M Y N Y Y Y STATE TAMARAC 1686 MCNAB RD NW 84 AVE EB F S Y N Y N N COUNTY TAMARAC COMMERCIAL 2231 NW 31 AVE BLVD SB F S Y N Y N N COUNTY TAMARAC 2870 MCNAB RD UNIVERSITY DR WB F S Y N Y N N COUNTY TAMARAC 2883 MCNAB RD UNIVERSITY DR EB F M Y N Y N Y COUNTY TAMARAC 3207 UNIVERSITY DR NW 83 ST SB F L Y N Y N Y STATE TAMARAC 3222 UNIVERSITY DR NW 57 ST NB N M Y N Y N N STATE TAMARAC COMMERCIAL 3324 BLVD NW 64 AVE WB F S Y N Y N Y STATE TAMARAC COMMERCIAL 4353 BLVD UNIVERSITY DR WB F S Y N Y N N STATE TAMARAC COMMERCIAL 4610 BLVD SR 7 WB F S Y N Y N N STATE TAMARAC COMMERCIAL I 5098 BLVD SR 7 EB F MP Y N Y N N STATE TAMARAC EXHIBIT "B" INSURANCE REQUIREMENTS The following coverage is deemed appropriate for minimum insurance requirements for this project and will be required of the selected n— ;. nu ..e....u„ea ., ..i e....as., s ,e... ^ tl— —t—t n ntmfinn ranrut shall ha annrnvgd by Rink Met. Ove of Services: Bus Sheller Maintenance RequestorlDivision: A_ Douglas - Transportation Certificate Holder Broward County Board of County Commissioners TYPE OF INSURANCE Risk Management Division, RM 210 Fort South Andrews Avenue.' FLauderdale, Ft 33301 GENERAL LIABILITY f CeAlOcete Holder must be additional Insured Limits on Liability in Thousands of Dollars W Cotm wcial General Premises -Operations Each Occurrence Aggregate -- Explosion & Collapse F' Underground Hazard Bodily Injury and iv ProdugsfC ampieted Operations Hazard Property Damage Combined Contractual Insurance Personal Injury Broad Farm Property Damage (Independent $1,000K $1,000K Contractors) i� Broad Form Property Damage Gerelge Keepers AUTO LIABILITY Bodily Injury and • Conwahtinsive, Form • Owned '• Hired Property Damage S500K(Walved, If delivered by S600K Non -Owned • Any Auto Combined Third Party) £XCE88 LIABILITY / Certificate Holder must be additional Bodily Injury and Insured property Damage SK $K r- Unibrefa Form Combined f- Other Than Umbrefbt Form ,- POLLUTION & ENVIRONMENTAL IMPAIRMENT Max. $K $K !!ABILITY Ded. WORKER'S COMPENSATION AND EMPLOYER'S (xj STATUTORY (each accident) $100K NOTE " - It the Company is exempt from Workers' Compensation LIABILITY (NOTE') If any operations are to be undertaken on or about navigable waterscoverage must be Coverage. please provide a letter on company letterhead or a included for U.S. Longshoremen & Harbor Workers' Act/ & copy of the Slate's exemption which documents this status and Jones Act attach& to the Certificate of Insurance for approval. PROFESSIONAL LIABILITY- E&O Max $ K Ded. $K (Contractor shall maintain E&O in force for 2 years after completion of all work required) VENDOR RESPONSIBLE FOR DEDUCTIBLE PROPERTY COVERAGE I BUILDERS RISK Max Ded, $K Agreed value Replacement Cost Subject to waiver based on type and nature of project_ Wind Max Ded. 10K All Perils Except Wind or Flood Perll not to exceed 6% of Project Installation floater required for projects greater than 350k. Agreed value Replacement Cost Contractor responsible for all tools, deductibles, materials, equipment, machinery, etc., until completion and acceptance by County. CANCELLATION: RECOMMENDED Thirty (30) Day written notice of cancellation required to the Certificate Holder Date. n, ,n•r«.r mans„ e•w. .;.-sue.... c.,..,' an�dx� Authorized Signature -17- „� EXHIBIT 3 BR)K"�Y ARD INSTR # 117184982 COUNTY Recorded 04/09/21 at 11:28 AM Broward County Commission FIRST AMENDMENT TO AGREEMENT BETWEEN 13 Page(s) BROWARD COUNTY AND THE CITY OF TAMARAC Mtg Doc Stamps: $0.00 Int Tax $0.00 FOR MAINTENANCE OF BUS SHELTERS #1 This is the First Amendment to the Agreement (the "First Amendment”) between Broward County (the "County") and the City of Tamarac, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida (the "Municipality") (collectively the "Parties"). RECITALS A. The Parties entered into an Agreement dated August 16, 2011 (the "Agreement"), that provided for the installation and maintenance of bus stop improvements within the jurisdictional limits of the Municipality. B. The Parties desire to enter this First Amendment to provide for bus stop improvements at seventy-nine (79) additional locations. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: Except as expressly modified herein, all terms and conditions of the Agreement remain in full force and effect. Amendments made to the Agreement by this First Amendment are indicated by use of strikethroughs to indicate deletions and underlining to indicate additions. Terms used herein but not defined herein shall have the meaning ascribed to such terms in the Agreement. 2. Exhibit A is revised as indicated in the attached Exhibit A. 3. The effective date of this First Amendment shall be the date of complete execution by both Parties. This First Amendment, together with the Agreement, represents the final and complete understanding of the Parties regarding the subject matter of the items addressed herein, and together with the Agreement, 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 First Amendment or the Agreement that is not contained in this written document or the Agreement. 4. This First Amendment 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. 5. Each individual executing this First Amendment on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this First Amendment, duly authorized by all necessary and appropriate action to Submitted By n Q n �,prL�r �c-� o �.v RETURN TO DOCUMENT OONTRCi fJ I C execute this First Amendment on behalf of such party and does so with full legal authority. [Remainder of this page is intentionally blank.] IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment to Agreement: Broward County, through its Board of County Commissioners, signing by and through its Mayor or Vice -Mayor authorized to execute same by Board action on the day of 2� 1 20? and the City of Tamarac, signing by and through its G� i (Y�a(Zcu) et, duly authorized to execute same. ATT ST: B oward County Administrator, as ex officio Clerk of the Broward County Board of County Commissioners q ' CREATED C� p :v �L 1915 ; i ro JJJJtIIl11►! COUNTY BROWARD COUNTY, by and through its Board 4County Corrrgnis, Oners By Mayor day of r I 200e 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 Telecopier: (954) 357-7641 �/aZ3 loq� Ang a (Date) Transportation Surtax General Counsel AJ W/h b First Amendment — TamaracBusShelterAgreement — County Funded 08/26/2020 #20-114.00 3 FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR MAINTENANCE OF BUS SHELTERS O F TA 4 = m ESTABLISHED == WITNESS.: 1963 : o _ SEAL :pQ. gn ur d, Ou 1,%4 �•• awO rint Name of Witness) ( 'gnature) ZQN Vnys (Print Name of Witness) CITY OF ... City ..- day of , 20-1 Approved as to form: Byj� I ity Kttorney Exhibit A PROJECT IMPROVEMENT AND SCOPE Summary of Work Install bus shelters and associated amenities at 4-6 95 separate locations throughout the City of Tamarac, in accordance with the attached list of locations (see table below). The shelters shall be manufactured and installed in accordance with the manufacturer's specifications. Z W } LLJ Z D.' �I O Q �" CC Y m V p ~ �I Z U Q W = V Q w 0 H C N � CCV Z m m C V N UNIVERSITY 193 NW 58 ST NB Nearside Small Yes Yes Yes STATE DR UNIVERSITY 194 NW 61 ST NB Farside No Yes Yes Yes STATE DR UNIVERSITY 195 NW 64 ST NB Farside No Yes Yes Yes STATE DR UNIVERSITY 196 MCNAB RD NB Nearside Small Yes Yes Yes STATE DR UNIVERSITY 197 MCNAB RD NB Farside Large Yes Yes Yes STATE DR UNIVERSITY 198 NW 72 ST NB Farside Small Yes Yes Yes STATE DR UNIVERSITY 199 NW 78 ST NB Farside No Yes Yes Yes STATE DR UNIVERSITY SOUTHGATE 200 NB Farside Large Yes Yes Yes STATE DR BLVD UNIVERSITY 250 NW 78 ST SB Farside Large Yes Yes Yes STATE DR UNIVERSITY 251 M CNAB RD SB Nearside Large Yes Yes Yes STATE DR UNIVERSITY 252 M CNAB RD SB Farside Large Yes Yes Yes STATE DR UNIVERSITY 253 NW 61 ST SB Farside Large Yes Yes Yes STATE DR UNIVERSITY 254 NW 57 ST SB Nearside Large Yes Yes Yes STATE DR 0 a o W v~i Z� LLI v~i �� 0 O w O Q W W J Lu Ln = z w co Z m CA Q ~ t� a Y co 30 � 887* NOB HILL RD NW 71 PL SB Farside Small Yes Yes No COUNTY 1002 NOB HILL RD WESTWOOD NB Farside No Yes Yes Yes COUNTY RD 1003 NOB HILL RD NW 71 PL NB Farside Large Yes Yes Yes COUNTY 1015 NOB HILL RD NW 77 ST NB Farside Large Yes Yes Yes COUNTY 1273 SR 7 COMMERCIAL BLVD SB Farside Medium Yes — Yes Yes STATE 1679 COMMERCIA NW 31AVE WB — Farside Small Yes Yes Yes STATE L BLVD — 1682 COMMERCIA NW 47 TERR WB — Nearside Small Yes Yes Yes STATE L BLVD 1684* COMMERCIA NW 70 AVE WB — Farside Small Yes Yes Yes STATE L BLVD — 1686 MCNAB RD NW 84 AVE EB Farside No Yes Yes No COUNTY 1694 COMMERCIA NW 29 TERR EB — Farside No — Yes Yes — Yes STATE L BLVD — 1697 COMMERCIA PROSPECT RD EB — Nearside Small Yes Yes Yes STATE L BLVD — 2231 NW 31 AVE COMMERCIAL BLVD SB Farside Small Yes — Yes — Yes — COUNTY 2528 PROSPECT RD NW 55 ST SB Farside Small Yes Yes Yes COUNTY 2803 COMMERCIA NW 38 TERR WB — Farside Yes — Yes Yes Yes STATE L BLVD — 2805 MCNAB RD NW 70 AVE EB Nearside Small Yes Yes Yes COUNTY 2809* MCNAB RD UNIVERSITYDR WB Nearside Small Yes Yes Yes COUNTY 2811 COMMERCIA NW 73 AVE WB — Nearside No — Yes Yes Yes STATE L BLVD — 2812 MCNAB RD NW 93 AVE EB Farside No Yes Yes Yes CITY 2827 MCNAB RD NOB HILL RD 113 Farside Small Yes I Yes Yes CITY 0 EL O (� OC �I Z Q NI N N ix U O U w Q 0 ~ U O J w a w F- W N = Z w coY m U w coGC 3 2870 MCNAB RD UNIVERSITYDR WB Farside Small Yes Yes Yes COUNTY 2873 MCNAB RD PINE ISLAND WB Nearside No Yes Yes Yes COUNTY RD 2883 MCNAB RD UNIVERSITYDR EB Farside Medium Yes Yes Yes COUNTY 2936 PINE ISLAND SOUTHGATE SB — Farside No — Yes Yes — Yes — COUNTY RD BLVD — 3204 UNIVERSITY NW 78 ST NB Nearside No Yes Yes Yes STATE DR 3205 UNIVERSITY NW 82 ST NB Farside Small Yes Yes Yes STATE DR 3207 UNIVERSITY DR NW 83 ST SB Farside Large Yes Yes Yes STATE 3208 UNIVERSITY NW 82 ST SB Farside Large Yes Yes Yes STATE DR 3209 UNIVERSITY NW 72 ST SB Nearside Small Yes Yes Yes STATE DR 3222 UNIVERSITY DR NW 57 ST NB Nearside Medium Yes Yes Yes STATE 3223* UNIVERSITY NW 61 ST NB Nearside Small Yes Yes Yes STATE DR 3228 UNIVERSITY NW 64 ST SB Nearside No Yes Yes Yes STATE DR 3229* UNIVERSITY NW 76 ST NB Farside Small Yes Yes Yes STATE DR 3230 UNIVERSITY SOUTHGATE BLVD SB Nearside Large Yes Yes Yes STATE DR 3231* UNIVERSITY NW 64 ST SB Farside Small Yes Yes Yes STATE DR 3232 UNIVERSITY NW 58 ST SB Nearside Small Yes Yes Yes STATE DR 3250 NOB HILL RD SOUTHGATE BLVD SB — Farside Small Yes Yes — Yes COUNTY — 3323 MCNAB RD PINE ISLAND WB Farside Small Yes Yes Yes CITY RD 3324 COMMERCIA L BLVD NW 64 AVE WB Farside Small kjesYes — Yes — STATE 0 a O � LLJ Lu w vei ZI ~ w w N L� u Z O v L za O F- OJ w w J N = z m m 2 Q F u Y m � 3326 NOB HILL RD NW 81 ST SB Nearside No Yes Yes Yes COUNTY 3392 MCNAB RD NOB HILL RD WB Nearside Small Yes Yes Yes CITY 3637 MCNAB RD PINE ISLANDRD EB Farside No Yes Yes Yes COUNTY 3710 NOB HILL RD S NOB HILL N CIR SB Farside No Yes Yes Yes COUNTY 3756 PINE ISLAND MCNAB RD SB Farside Small Yes Yes Yes COUNTY RD 4011 MCNAB RD PINE ISLANDRD EB Nearside No Yes Yes Yes CITY 4110 COMMERCIA N. SABAL PALM BLVD WB — Farside No — Yes Yes Yes STATE L BLVD — 4111* COMMERCIA UNIVERSITY DR WB Nearside Small Yes Yes Yes STATE L BLVD 4172 PINE ISLAND NW 57 ST SB Nearside Small Yes Yes Yes COUNTY RD 4339 MCNAB RD LAGOS DE CAMPO EB — Farside Small Yes Yes Yes COUNTY 4352 MCNAB RD WESTWOOD WB — Nearside No — Yes Yes Yes CITY BLVD — 4353 COMMERCIA L BLVD UNIVERSITY DR WB Farside Small Yes Yes Yes STATE 4475 MCNAB RD NW 98 AVE EB Farside Small Yes Yes Yes CITY 4518 COMMERCIA NW 31 AVE EB Farside Small Yes Yes Yes STATE L BLVD 4519 NOB HILL RD SOUTHGATE NB — Nearside Small Yes Yes Yes COUNTY BLVD — 4610 COMMERCIA L BLVD SR 7 WB Farside Small Yes Yes Yes STATE 4768 NW 31 AVE PROSPECT RD NB Nearside No Yes Yes Yes COUNTY 5035 COMMERCIA N. SABAL PALM BLVD EB Farside No Yes Yes Yes STATE L BLVD 5036 COMMERCIA NW 49 AVE EB — Nearside No — Yes Yes Yes STATE L BLVD o p to in ui `nl Z LLJ H �i N 0 u 0 u � 0 z p Q V p °- uw N u z m z �° ,,, Q Q uu Y m p OC 5064 COMMERCIA ROCK ISLAND WB Farside Yes Yes Yes Yes STATE L BLVD RD 5066 COMMERCIA NW 57 WAY WB Nearside Small Yes Yes Yes STATE L BLVD 5067 COMMERCIA NW 58 WAY WB Farside No Yes Yes Yes STATE L BLVD 5070 COMMERCIA NW 79 AVE WB Farside No Yes Yes Yes COUNTY L BLVD 5071* COMMERCIA NW 82 AVE WB Farside Small Yes Yes Yes COUNTY L BLVD 5073 COMMERCIA NW 84 TERR WB Farside No Yes Yes Yes COUNTY L BLVD 5074 COMMERCIA PINE ISLAND WB — Nearside Small Yes Yes Yes COUNTY L BLVD RD 5076 COMMERCIA NW 94 AVE WB Farside No Yes Yes Yes CITY L BLVD 5094 COMMERCIA BANYAN LN EB — Nearside Small Yes Yes Yes STATE L BLVD 5096 COMMERCIA ROCK ISLAND EB Farside Small Yes Yes Yes STATE L BLVD RD 5098 COMMERCIA L BLVD SR 7 EB Farside MP Yes Yes Yes STATE 5099 COMMERCIA NW 37 AVE EB Nearside Small Yes Yes Yes STATE L BLVD. 5133 PINE ISLAND NW 77 ST SB Farside Small Yes Yes Yes COUNTY 5135 PINE ISLAND NW 75 ST SB Farside No Yes Yes Yes COUNTY RD 5188 PINE ISLAND COMMERCIAL NB Farside Large Yes Yes Yes CITY RD BLVD 5194 PINE ISLAND NW 77 ST NB Nearside No Yes Yes Yes COUNTY RD 5397* UNIVERSITY NW 76 ST SB Nearside Small Yes Yes Yes STATE DR 5441 NOB HILL RD NW 80 ST SB Farside Small Yes Yes Yes COUNTY 5443 NOB HILL RD NW 81 ST NB Nearside Large Yes Yes Yes COUNTY a p in z ~ NI Q - �LLJ ~ N� 0 U O U LU Q O Q p � w = 2 U Z m Z m '^ Q u w Y CO O 5470 NOB HILL RD STATE ST NB Farside No Yes Yes Yes COUNTY 5471 NOB HILL RD MCNAB RD NB Nearside Small Yes Yes Yes COUNTY 5472 MCNAB RD NOB HILL RD WB Farside Large Yes Yes Yes CITY 5477* HIATUS ROAD COMMERCIAL SB — Nearside Small Yes Yes Yes CITY BLVD 5479 SR 7 NW 49 ST NB Nearside No Yes Yes Yes STATE 5541 COMMERCIA SR 7 W — Nearside NoYes=YYesSTATE LesB L BLVD Non -highlighted cells represent the 16 locations previously installed. *locations represent the 12 locations in the FTA Grant program previously installed. Temp. Reso. No. 13551 January 27, 2021 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 - � a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING A FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTYAND THE CITY OF TAMARAC, ATTACHED HERETO AS EXHIBIT 1" TO PROVIDE FOR BUS STOP IMPROVEMENTS AT AN ADDITIONAL SEVENTY NINE (79) LOCATIONS THROUGHOUT THE CITY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT ATTACHED HERETO AS EXHIBIT 1" AND INCORPORATED HEREIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provision of bus benches by the City provides a valuable public service to residents and visitors in the City of Tamarac (herein referred to as the "City"); and WHEREAS, on June11, 2011, the City Commission approved an Agreement between Broward County and City of Tamarac, dated August 16, 2011, for Maintenance of Bus Shelters (attached hereto as Exhibit "2", incorporated herein, and made a specific part thereof) authorizing the installation and maintenance of 16 bus shelters; and WHEREAS, the Director of Community Development recommends executing a First Amendment to Agreement between Broward County and the City of Tamarac for Maintenance of Bus Shelters (attached here to as Exhibit 1 ") to provide for the installation and maintenance of amenities at 79 additional locations for a total of 95 bus shelters amenities; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City officials to accept and execute the First Amendment to Agreement Temp. Reso. No - January 2 j .: PagE r, r between Broward County and the City of Tamarac for Maintenance of Bus Sh#fte total of 95 bus shelter amenities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing 'WHEREAS" clauses are confirmed as being true and correct and are hereby made a specific part upon adoption hereof, all exhibits attached hereto are incorporated herei a specific part of this Resolution_ i SECTION 2: The appropriate City officials are hereby autho 13551 2021 �20 3'' rs for; a`1 T, I F o ut4 I de a accept and execute the First to Agreement between Broward County and the City of Tamarac for Maintenance of Bus Shelters, inctuded herein as Exhibit a1". SECTION 3: The City Manager or his designee is hereby authorized to approve any renewal options and the extension of said acceptance of this Agreement as may be authorized by Broward County. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. sj, 'R i� Temp. Reso. No. 13551 January 27, 2021 Page 3 of 3 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS 4 DAY OF JANUARY 2021. CITY OF TAMARAC, FLORIDA Michelie J. Gomez, NtWOR ATTEST: J NNIFER CMC CITY GLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ! DIST 1: V/M BOLTON DIST 2: COW GELIN DIST 3: COW VII L.ALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THI RESOLUTION AS TO FORM: CITY ATTOR