Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-129Temp Reso. No.13173 September 12, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE BROWARD METROPOLITAN PLANNING ORGANIZATION ("BMPO") FOR TRANSPORTATION PLANNING SERVICES, ATTACHED HERETO AS EXHIBIT "1" AND INCORPORATED HEREIN; AUTHORIZING AND DIRECTING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS RESOLUTION, ALONG WITH THE EXECUTED INTERLOCAL AGREEMENT TO THE BROWARD COUNTY CLERK OF COURTS FOR RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 339.175, Florida Statutes, provides for the designation of a minimum of one metropolitan planning organization for each urbanized area of the state and the creation and operation of such metropolitan planning organizations pursuant to an interlocal agreement entered pursuant to Section 163.01, Florida Statutes; and WHEREAS, the Governor of Florida has designated the BMPO as the metropolitan planning organization for the urbanized area within Broward County and the BMPO is duly created and operated pursuant to an interlocal agreement between the Florida Department of Transportation and the affected units of general purpose local governments within the urbanized area within Broward County; and WHEREAS, the BMPO is a legally independent government entity distinct from the City and is authorized pursuant to Sections 339.175(6)(g) and 163.01, Florida Statutes, and has the authority to contract with the City for the provision of certain services to accomplish its metropolitan planning and programing duties and administrative functions all within the parameters as specified in this Agreement; and Temp Reso. No.13173 September 12, 2018 Page 2 WHEREAS, the BMPO has expertise in metropolitan planning, land use analysis, and experience performing transportation/transit studies, public outreach and engagement, submitting for and obtaining transportation/transit related grants including the associated grant administration; and WHEREAS, the City is seeking appropriate expertise in metropolitan planning, land use analysis, experience performing transportation/transit studies, public outreach and engagement, submitting for and obtaining transportation/transit related grants, and associated grant administration to better serve its present and future needs; and WHEREAS, due to the expertise required to reasonably perform the Services and necessary intergovernmental coordination between jurisdictions, the City desires to obtain these Services from the BMPO, as may be required from time to time by the City, and the BMPO is authorized by Sections 339.175(6)(g) and 163.01, Florida Statutes, to contract with the City for same; and WHEREAS, the Community Development Director has reviewed the Interlocal Agreement and recommends approval of same; and WHEREAS, the City desires to execute the Interlocal Agreement, and to perform same in accordance with its terms; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the residents and citizens of the City of Tamarac to approve the Interlocal Agreement with the Broward County Metropolitan Planning Organization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC: Temp Reso. No.13173 September 12, 2018 Page 3 Section 1. The above recitals are true and correct and are incorporated herein by reference. Section 2. The City Commission of the City of Tamarac, Florida, hereby approves the Interlocal Agreement for Transportation Planning Services with the Broward Metropolitan Planning Organization, attached hereto as Exhibit "1" and incorporated herein. Section 3. The City Commission of the City of Tamarac, Florida, hereby authorizes and directs the appropriate City officials to take any and all action necessary to effectuate the intent of this resolution. The City Clerk is hereby directed to provide a copy of this resolution, along with the executed Interlocal Agreement to the Broward County Clerk of Courts for recordation. Section 4. All resolutions inconsistent or in conflict herewith shall be and are hereby repealed insofar as there is conflict or inconsistency. Section 5. If any section, sentence, clause, or phrase of this resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this resolution. Section 6. This resolution shall become effective upon its passage and adoption by the City Commission. Temp Reso. No.13173 September 12, 2018 Page 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS f� DAY OF 2018. ATTEST: WZ x(._ RIP� L5 .� CITY bQF TAMARAC FLORIDA RESSLER, MAYOR RECORD OF COMMISSION VOTE. - MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUEL S. GOcAtN CITY ATTORNE J EXHIBIT "A" BMPO COMPENSATION Compensation shall be conditioned upon prior written mutually agreed work authorization(s) determined as. follows: 1. BY PROJECT/GRANT/ACTIVITY -- CALCULATED BY ACUTAL STAFF HOURS, SALARY COST OF EMPLOYEE, INCLUDING OVERHEAD, PLUS AN AGREED ADMINISTRATIVE FEE; OR 2. ADMINISTRATIVE OVERHEAD FEE BASED UPON TOTAL PROJECT/ACTIVITY COST OR GRANT AMOUNT; OR 3. AS MAY BE OTHERWISE MUTUALLY AGREED AND DETERMINED ON A PROJECT BY PROJECT BASIS. T. Y. Lin International Exhibit -'A' BROWARO MPO RFQ No. 17.04 General Transportation Planning Consultant Services FEE PROPOSAL FORM - STAFF HOURLY SALARY AS OF JUNE 2017 • Escalation goes Into eHect January 1 of each year until 2021. BROWARD MPO RFQ No. 17-04 General Transportation Planning Consultant Services FEE PROPOSAL FORM -STAFF HOURLY SALARY AS OF JUNE 2017 HDR Exhibit -'A' Page 1 of 2 HDR Exhibit -'A" Price Proposal / Rate Schedule Counts Turning Movement Counts Per Location (2 Hour Count) Additional Hour Manual Video Count (1 Person) $175.00 $70.00 High Volume Manual Video Count (2 Person) $320.00 $120.00 Film Only (Up to 24 Hours) $115.00 Tube/Machine Counts (all tube orders incur $200 setup fee) Per Location (24 Hour Count) Additional Day Volume Studies 1-3 Lane Roadway $145.00 $65.00 4+Lane Roadway $170.00 $75.00 Volume/Speed/Classification Studies 1-3 Lane Roadway $150.00 $75.00 4+ Lane Roadway $195.00 $90.00 Side -Fire Radar Studies Per Location (24 Hour Count) Additional Day Volume Studies $500.00 $100.00 Volume/Speed/Lane Utilization Studies $600.00 $100.00 Bluetooth Data Collection Studies Travel Time or Origin Destination Studies Manual Survey Studies License Plate Studies or Travel Time Runs Hourly Fee Surveys, Travel, etc. Digital Copy of Video q Per Location (Up to 1 Week) $1,000.00 Dependent upon Scope of Services Per Hour $75.00 Per Location iata Clique iata Server Processing Time $75 per hour 4arket Study Analysis $3,995 base price :ustom Mapping $600 per defined area (plus analyst and processing time) iigital Ad Placement $8.00 per 1,000 impressions ($35,000 miminum) Page 2 of 2 KIMLEY-HORN AND ASSOCIATES, INC. Exhibit - W BROWARD MPO RFQ No. 17-04 General Transportation Planning Consultant Services FEE PROPOSAL FORM - STAFF HOURLY LOADED BILLING RATES AS OF JUNE 2017 *Escalation goes into effect January 1 of each year until 2021. KIMLEY-HORN AND ASSOCIATES, INC. Exhibit - W BROWARD MPO RFQ No. 17-04 General Transportation Planning Consultant Services FEE PROPOSAL FORM - TRAFFIC COUNTS/DATA COLLECTION AS OF JUNE 2017 (Marlin Engineering) *Escalation goes into effect January 1 of each year until 2021. Whitehouse Group Inc. Exhibit -'A' BROWARO MPO RFQ No. 17-04 General Transportation Planning Consultant Services FEE PROPOSAL FORM -STAFF BILLING RATE AS OF JUNE 2017 gl Principal Senior VP $225.79 34TDIJ 1 5206.77 $358.01 5245.75 $276.09 1 320.85 $236.94 $241.61 MENi `a•�r. � �. �...I .� $1`57` .95 :, u,. �?9 .... : � ; o:E a: ..:. rw3. E _ $2Y1� 2.26 ..� . __ �'""� ` Project .:_Manager ce^.h $192.67. $195.24 Chief/Principal Planner $300.OD $284.54 $227.24 $189.25 kiN� r; C•" T" ,si,;.Pfa]it1�S� �».a� .� ,,,, ' ; � r�.d�� .xs�,'` : � € `.�� : e.�... .�:„ 3 ' , -'.^; t!l,a �� r1�� .. i� � �g c s. , t.�A a�� , d'. Senior Financial Advisor $435.00 $259�...^00 Financial Analyst `$119.04 $124.35 $101.44 $12637 Transportation Planner $134.62 $176,07 Po a a' �i vi.m �i t''Y.w •� ,3v ie' i` �`=9 . •9 .. o.,�l� 5>0... 2E •si.� A E ..F 5', ..ki m,tn+p._ $ $82.75 3 ... Project Planner $53.13 $113.22 St, 'A Ew, k .a�� $131.01 GIS Analyst (sow a . ai . < .., � .. " �., � - • ..:. ,ram ._�. ` ' °E . E � t �,' s a. � i �R .�.° t£"�.-. �., . ..,� �..�: � � '�� � ?� � ,a 9° �. >� �. � _ � , �. �,+ "I�a � . � : "� -' � _ 1 .' i�, Public Outreach Coordinator $77.80 A!.0_ ONE E' zt y tta..,A, ,a. • nvtis,.aia.i,�rE. yy 113% 3% ki?FR'. rk.900 ..xi,yyb4Pkiai-0�.. Annual Escalation Rate (%j" 3% 3% 3% 3% M 3% i3rY!% A�ffi>E. Flow,.. .,3 : Ry_`E EI THY,: . .. .?. ?Y. ,.I�?Tri1A !Escalation goes into effect January 1 of each year until 2021. M:\Planning\Proposals\MPO\BrowafdMPO\2017GPC\PriceProposal\Broward MPO-PriceProposal-RFQ17-04-Merged.xlsx 6/21/2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Temp. Reso. # 13173 September 26, 2018 INTERLOCAL AGREEMENT BETWEEN THE BROWARD METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF TAMARAC, FLORIDA FOR TRANSPORTATION PLANNING SERVICES INTERLOCAL AGREEMENT ("Agreement") dated this —&#day of 4e�?a4!✓IS , 2018, by and between the BROWARD METROPOLITAN PLANNING ORGANIZATION ("BMPO"), and the CITY OF TAMARAC, FLORIDA, a municipal corporation organized under the laws of the State of Florida ("City") for transportation planning services ("Services"). WITNESSETH: WHEREAS, Section 339.175, Florida Statutes, provides for the designation of a minimum of one metropolitan planning organization for each urbanized area of the state and the creation and operation of such metropolitan planning organizations pursuant to an interlocal agreement entered into pursuant to Section 163.01, Florida Statutes; and WHEREAS, the Governor of Florida has designated the BMPO as the metropolitan planning organization for the urbanized area within Broward County and the BMPO is duly created and operated pursuant to an interlocal agreement between the Florida Department of Transportation and the affected units of general purpose local governments within the urbanized area within Broward County; and WHEREAS, Section 339.175(2), Florida Statutes, provides that the BMPO shall be considered a legally independent governmental entity distinct from the state or the governing bodies of the local governments represented on the governing board of the BMPO; and WHEREAS, the BMPO is a legally independent government entity distinct from the City and is authorized pursuant to Sections 339.175(6)(g) and 163.01, Florida Statutes, and has the authority to contract with the City for the provision of certain services to accomplish its metropolitan planning and programing duties and administrative functions all within the parameters as specified in this Agreement; and [00252513.12704-05016401 Page 1 of 14 Temp. Reso. # 13173 September 26, 2018 46 WHEREAS, it is the purpose and intent of this Agreement, to permit the City and the 47 BMPO to make the most efficient use of their respective powers, resources and capabilities by 48 enabling them to cooperate on the basis of mutual advantage and provide a means by which the 49 parties may exercise their respective powers, privileges and authorities that they share in common 50 and that each might exercise separately; and 51 52 WHEREAS, the BMPO has expertise in metropolitan planning, land use analysis, and 53 experience performing transportation/transit studies; public outreach and engagement, submitting 54 for and obtaining transportation/transit related grants including the associated grant administration; 55 and 56 57 WHEREAS, the City is seeking appropriate expertise in metropolitan planning, land use 58 analysis, experience performing transportation/transit studies, public outreach and engagement, 59 submitting for and obtaining transportation/transit related grants, and associated grant 60 administration to better serve its present and future needs; and 61 62 WHEREAS, due to the expertise required to reasonably perform the Services and 63 necessary intergovernmental coordination between jurisdictions, the City desires to obtain these 64 Services from the BMPO, as may be required from time to time by the City, and the BMPO is 65 authorized by Sections 339.175(6)(g) and 163.01, Florida Statutes, to contract with the City for 66 same; and 67 68 WHEREAS, in addition to the BMPO's "in house/staff' transportation expertise, the 69 BMPO has ongoing agreements with general transportation planning consultants that will be 70 available to the City under the terms of this Agreement. These consultants were competitively 71 procured in accordance with BMPO rules and State law; and 72 73 WHEREAS, the City and the BMPO will mutually agree to and subsequently approve the 74 Scope of Services as specified herein, to perform the Services as may be requested by the City 75 from time to time as outlined herein this Agreement; and 76 77 WHEREAS, the City agrees to compensate the BMPO for services rendered on behalf and 78 at the request of the City as outlined herein this Agreement; and 79 80 WHEREAS, on October 10, 2018, the City Commission authorized the Mayor and City 81 Manager to execute this Agreement with the BMPO to perform these Transportation Planning 82 Services as hereinafter described; and 83 84 WHEREAS, on , 2018, the BMPO Board authorized the appropriate 85 BMPO officials to execute this Agreement with the City to perform these Services as hereinafter 86 described; and 87 88 WHEREAS, the BMPO and the City desire to enter into this Agreement to define the 89 Services to be provided to the City by the BMPO and the duties and obligations of each party to 90 the other are set forth therein. 91 {00252513.1 2704-05016401 Page 2 of 14 Temp. Reso. # 13173 September 26, 2018 92 NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and 93 mutual covenants and undertakings set forth herein, and for such other good and valuable 94 consideration, the receipt and sufficiency of which is hereby acknowledged, the BMPO and City 95 agree as follows: 96 97 SECTION 1 98 DEFINITIONS AND IDENTIFICATIONS 99 100 For purposes of this Agreement, reference to one gender shall include the other, use of the 101 plural shall include the singular, and use of the singular shall include the plural. The following 102 definitions apply unless the context in which the work or phrase is used requires a different 103 definition: 104 105 1.1 "Agreement" -- means this document, Sections 1 through 10, inclusive. Other terms and 106 conditions are included in the exhibits and documents that are expressly incorporated by 107 reference. 108 109 1.2 `BMPO" -- The Broward Metropolitan Planning Organization is the federally designated 110 transportation policy -making board for Broward County, Florida. 111 112 1.3 `BMPO Board" — The Broward Metropolitan Planning Organization governing Board. 113 114 1.4 "City" -- The City of Tamarac, Florida, a municipal corporation of the State of Florida. 115 116 1.5 "Contract Administrator" -- The Broward Metropolitan Planning Organization Executive 117 Director and the City Manager shall each designate a Contract Administrator. The primary 118 responsibilities of each Contract Administrator is to coordinate and communicate with the 119 other Contract Administrator and to manage and supervise execution and completion of 120 the Scope of Services and the terms and conditions of this Agreement as set forth herein. 121 In the administration of this Agreement, as contracted with matters of policy, all parties 122 may rely on the instructions or determination made by the Contract Administrator; 123 provided, however, that such instructions and determinations do not change the Scope of 124 Services. 125 126 1.6 "Recitals" -- The Whereas recitals set forth above are true and correct and are incorporated 127 herein. 128 129 1.7 "Services" — The term services shall mean transportation planning service including, but 130 not limited to, metropolitan planning, land use analysis, transportation/transit studies, 131 public outreach and engagement, submitting for and obtaining transportation/transit related 132 grants, and associated grant administration. 133 134 SECTION 2 135 PURPOSE 136 {00252513.12704-0501640) Page 3 of 14 Temp. Reso. # 13173 September 26, 2018 137 2.1 PURPOSE. This Agreement is for the purpose of authorizing the BMPO to provide 138 Services to the City in exchange for consideration under the terms contained in this Agreement. 139 140 2.2 The BMPO shall provide Services to the City to assist in managing the continuing, 141 cooperative and comprehensive metropolitan transportation planning process for the City. The 142 City shall compensate the BMPO for the Services rendered as provided in Section 4. 143 144 SECTION 3 145 SCOPE OF SERVICES 146 147 3.1 BMPO will provide comprehensive transportation planning services to the City as specified 148 in Exhibit A, Scope of Services. The City may, but is not required to, enter into an agreement for 149 any one, or any combination of these Services. The City reserves the right, at its sole discretion, 150 to use the services of another consultant to complete any of these Services included in this 151 Agreement. 152 153 154 155 SECTION 4 156 AUTHORIZATION OF SERVICES 157 158 4.1 When the need for Services for a project occurs, the City may, at its sole discretion, enter 159 into negotiations with the BMPO for such project under the terms and conditions of this 160 Agreement. The City shall initiate said negotiations by providing the BMPO with a task work 161 order request . The BMPO may, at its sole discretion, provide a task work order proposal to the 162 City which shall conform to the requirements of Section 4.2 below. 163 164 4.2. The task work order proposal provided by the BMPO will include but not be limited to the 165 following negotiated terms: 166 167 A The Scope of Services; 168 B. The deliverables (e.g. report, drawings, specifications, cost estimates, etc.); 169 C. The time and schedule of performance and term; 170 D. The method and amount of compensation; 171 E The personnel assigned to the Specific Project, including, but not limited to: BMPO's 172 Project Manager, other staff and consultants, which the City will have the right to reject in 173 its sole discretion; and, 174 F. The Certificate of Insurance from the consultants or their subcontractors if they provide 175 services for the City to include general liability insurance naming the City as an additional 176 insured, professional liability, workers' compensation, and automobile liability insurances. 177 178 4.3 The Purchasing and Contracts Manager or other designee of the City Manager is authorized 179 to negotiate and execute task work order proposals that are $25,000 or less. The City Manager is 180 authorized to negotiate and execute task work order proposals that do not to exceed $65,000. 181 SECTION 5 182 COMPENSATION (00252513.12704-05016401 Page 4 of 14 Temp. Reso. # 13173 September 26, 2018 183 184 5.1 In consideration for the Services provided by the BMPO to the City, the City shall pay or 185 reimburse the BMPO for all costs incurred by the BMPO for the Services described in any mutually 186 agreed and accepted task work order. 187 188 5.2 The City agrees to compensate the BMPO for the Services in the amount as outlined and 189 approved by each task work order for related Services. The BMPO will be paid based on the rates 190 and schedules as set forth in Exhibit "A" for these Services. The Parties agree that the City will 191 commence paying the fee(s), as specified in this Section 5, to the BMPO when Services are 192 provided for an approved task work order requested by the City. The BMPO acknowledges and 193 accepts the agreed compensation to be reasonable payment or reimbursement to the BMPO for the 194 Services. 195 196 5.3 The BMPO agrees to invoice the City and the City agrees to make payment to the BMPO 197 for the Services rendered to the City as defined in Section 5.2. BMPO shall invoice on a monthly 198 basis and include the task work order, project name if applicable, nature of the services performed, 199 the date the work was performed, the total number of hours of work performed, and the name of 200 the individuals performing same. 201 202 5.4 Payments from the City shall be made to the BMPO at the address provided in the notice 203 section contained herein. 204 205 5.5 City shall pay the BMPO in accordance with the Florida Prompt Payment Act. 206 207 208 209 210 SECTION 6 211 BMPO's RESPONSIBILITY 212 213 6.1 The BMPO agrees to provide Services to the City pursuant to applicable federal, state and 214 local laws, codes, rules and regulations. Services are set forth in Section 2 of this Agreement. The 215 BMPO shall also be responsible for the administration and overall coordination required for these 216 Services. The BMPO's staff shall provide Services pursuant to this Agreement in a professional, 217 courteous, effective and efficient manner. 218 219 6.2 OVERSIGHT AND EVALUATION. BMPO will coordinate with City so that BMPO and 220 City may evaluate the Services provided annually. BMPO will take reasonable care to ensure that 221 Services meet City's satisfaction. BMPO shall use its consultants as well as its own employees, 222 personnel, building space, equipment and facilities in performing this Agreement. In providing 223 Services under this Agreement, BMPO's staff shall not be under the supervision or control of the 224 City except as specified under this Agreement or as may be described in any mutually agreed and 225 accepted task work order. BMPO shall pay all compensation, employee benefits, taxes, insurance, 226 social security, and unemployment insurance for its employees. BMPO's staff shall be considered 227 employees of BMPO for all purposes, and shall not be considered employees of City for any (00252513.12704-05016401 Page 5 of 14 Temp. Reso. # 13173 September 26, 2018 228 purpose. All necessary disciplinary actions shall be at the exclusive discretion of and be 229 implemented by BMPO. 230 231 6.3 BMPO shall timely fulfill, or cause to be fulfilled, all of the conditions expressed in this 232 Agreement and as outlined and approved by each mutually agreed and accepted task work order. 233 6.5 The BMPO shall perform various activities/tasks related to the Services, as detailed in each 234 subsequent mutually agreed and accepted task work order. 235 236 6.6 The BMPO shall have no obligation to independently fund the costs of the Services. 237 238 239 SECTION 7 240 CITY's RESPONSIBILITY 241 242 7.1 The City shall prepare and submit to the BMPO written task work order proposal requests 243 for Services when warranted by the City, together with all related supporting documentation 244 necessary to perform the requested Services consistent with applicable federal, state and local laws, 245 codes, rules and regulations. 246 247 7.2 The City agrees that the BMPO is not responsible for any City liability and is only 248 responsible for providing the City with Services as requested by the City from time to time. 249 250 7.3 The City agrees to furnish the BMPO any documents required to satisfy and complete the 251 agreed Services as outlined and approved by each mutually agreed and accepted task work order 252 for related Services. 253 254 7.4 The City agrees that it shall take no actions that would impede or prevent the BMPO from 255 complying with the terms of this Agreement or any mutually agreed and accepted task work 256 order(s). 257 258 SECTION 8 259 TERM AND TERMINATION 260 261 8.1 This Agreement shall commence on the date this instrument is fully executed by all parties 262 and shall end five (5) years from the executed date unless and until terminated pursuant to Section 263 6 of this Agreement. Subject to BMPO's mutual consent, the City reserves the right to renew this 264 Agreement for one (1) additional five-year period under the same terms and conditions. To extend 265 the Agreement, the City, if it so desires, shall submit written notice of its intent to renew this 266 Agreement to the BMPO, a minimum of 90 days prior to the end of the initial five (5) year term. 267 The BMPO may respond to the City within thirty (30) days or it shall be understood that this 268 Agreement shall not be extended. 269 270 8.2 Either party may terminate this Agreement for convenience at any time with one hundred 271 twenty (120) days prior written notice to the other, to terminate this Agreement without penalty or (00252513.12704-0501640} Page 6 of 14 Temp. Reso. # 13173 September 26, 2018 272 recourse, in which event the effective termination date of this Agreement will be at the end of the 273 one hundred twenty (120) day period following the date of receipt of the written notice of 274 termination. 275 276 8.3 In the event of a default by either party, the non -defaulting party shall notify the other party, 277 in writing of the default and of the time to cure the default ("Notice to Cure"). If such default is 278 not cured, or sufficient effort is not made by the defaulting party, as determined solely by the non- 279 defaulting party, to cure said default within thirty (30) business days after the date of the Notice to 280 Cure, the non -defaulting party may terminate this Agreement upon sixty (60) days written notice 281 to the other party. 282 283 8.4 Upon termination of this Agreement, each party shall turn over to the other party within a 284 reasonable period of time (not to exceed 90 days) all records held by it with respect to this 285 Agreement. 286 287 8.5 In the event Services are scheduled to end either by Agreement expiration or by termination 288 by the City (at the City's Discretion), the BMPO shall continue the agreed upon Services, if 289 requested by the City, until new services can be completely operational. At no time shall this 290 transitional period extend more than 90 days beyond the expiration date of the existing Agreement. 291 292 8.6 In the event this Agreement is terminated for any reason, including Agreement expiration, 293 the BMPO shall be paid for any Services performed to the date the Agreement is terminated; however, 294 upon being notified of the City's election to terminate, the BMPO shall refrain from performing 295 further Services or incurring additional expenses under the terms of this Agreement, unless 296 otherwise specifically requested by City. 297 298 299 SECTION 9 300 EFFECTIVE DATE 301 302 The Agreement shall be effective as of , 2018 and the City Clerk shall file a 303 fully executed copy of this Agreement with the Clerk of the Circuit Court of Broward County, 304 Florida, pursuant to Chapter 163, Part 1, Florida Statutes. 305 306 307 SECTION 10 308 INDEMNIFICATION 309 GOVERNMENTAL IMMUNITY - INSURANCE 310 311 10.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor 312 shall anything included herein be construed as consent to be sued by third parties in any matter 313 arising out of this Agreement or any other contract. The BMPO and the City are state agencies or 314 political subdivisions as defined in Section 768.28, Florida Statutes, and shall be fully responsible 315 for the acts and omissions of their agents or employees to the extent permitted by law. 316 {00252513.12704-05016401 Page 7 of 14 Temp. Reso. # 13173 September 26, 2018 317 10.2 To the fullest extent permitted by law, the City and BMPO agree to indemnify and hold 318 the other's officials, employees and agents harmless from liabilities, damages, losses and costs 319 including, but not limited to, reasonable attorneys' fees, to the extent caused by their own 320 negligence, recklessness, or intentionally wrongful conduct or of that of other persons employed 321 or utilized by that party in the performance of this Agreement. The provisions of this section shall 322 survive the expiration or earlier termination of this Agreement. 323 324 10.3. The parties agree to maintain insurance coverage or be self -insured for general liability, 325 professional liability, auto liability, and worker's compensation and employer's liability insurance 326 in accordance with Chapter 440, Florida Statutes, as it may be amended from time to time. 327 328 329 330 SECTION 11 331 BOOKS AND RECORDS 332 333 11.1 Each party shall retain all records related to this Agreement and any Services provided 334 hereunder in accordance with the State of Florida public records retention law and applicable 335 Federal rules and regulations. Each party shall have access to such records, for the purposes of 336 inspection and audit, until such time as the law allows said records to be destroyed. 337 338 11.2 BMPO shall comply with all public records laws in accordance with Chapter 119, Fla. 339 Stat. In accordance with Florida law, BMPO agrees to: 340 341 11.2.1 Keep and maintain all records that ordinarily and necessarily would be required by 342 the City in order to perform the services; 343 344 11.2.2 Upon request from the City's custodian of public records, provide the City with a 345 copy of the requested records or allow the records to be inspected or copies within 346 a reasonable time at a cost that does not exceed the costs provided in Chapter 119, 347 Fla. Stat., or as otherwise provided by law; 348 349 11.2.3 Ensure that public records that are exempt or confidential and exempt from public 350 records disclosure are not disclosed except as authorized by law for the duration 351 of the Agreement term and following completion of the Agreement if the BMPO 352 does not transfer the records to the City; 353 354 11.2.4 Upon completion of the services within this Agreement, at no cost, either transfer 355 to the City all public records in possession of the BMPO or keep and maintain 356 public records required by the City to perform the services. If the BMPO transfers 357 all public records to the City upon completion of the services, the BMPO shall 358 destroy any duplicate public records that are exempt or confidential and exempt 359 from public records disclosure requirements. If the BMPO keeps and maintains 360 public records upon completion of the services, the BMPO shall meet all applicable 361 requirements for retaining public records. All records stored electronically must be 362 provided to the City, upon request from the City's custodian of public records, in a (00252513.12704-0501640) Page 8 of 14 Temp. Reso. # 13173 September 26, 2018 363 format that is compatible with the information technology systems of the City. 364 365 If BMPO does not comply with this Section, the City shall enforce the Agreement 366 provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with 367 state law. 368 Section 119.0701(2)(a), Florida Statutes 369 IF THE BMPO HAS QUESTIONS REGARDING THE APPLICATION 370 OF CHAPTER 119, FLA. STAT., TO THE VENDOR'S DUTY TO 371 PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 372 CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: 373 Telephone: 954-597-3505 374 Email: Cityclerk(a,Dtamarac.orz 375 Address: 7525 N.W. 88t' Avenue, 376 Tamarac, FL 33321. 377 378 11.3 RECORDS and FILES. The BMPO will temporarily maintain all records and files 379 produced pursuant to this Agreement. At the completion of any transportation approval/review 380 action covered by this Agreement, said records and files shall be transferred to the City. At the 381 termination or expiration of this Agreement, all remaining records and files shall be transferred 382 and maintained by the City. 383 384 11.4 This Section 9 shall survive the expiration or termination of this Agreement. 385 386 387 SECTION 12 388 GENERAL PROVISIONS 389 390 12.1 Assignment/Subcontracting. Neither this Agreement nor any right or interest created 391 herein shall be assigned, transferred, or encumbered without the prior written consent of the other 392 party. 393 394 12.2 Notices. Any notices required by this Agreement shall be in writing and shall be (as 395 elected by the party giving such notice) hand delivered by messenger, or alternatively, may be sent 396 by U.S. certified mail, return receipt requested. Notices shall be provided to the following: 397 398 As to the City: 399 City of Tamarac 400 Attention: City Manager 401 7525 N.W. 88th Avenue 402 Tamarac, FL 33321 403 404 With a copy to: 405 406 City of Tamarac (00252513.12704-0501640) Page 9 of 14 Temp. Reso. # 13173 September 26, 2018 407 City Attorney's Office 408 7525 N.W. 88t' Avenue 409 Tamarac, FL 33321 410 411 As to the BMPO: 412 413 Broward Metropolitan Planning Organization 414 Attention: Executive Director 415 Trade Centre South 416 100 West Cypress Creek Road, Suite 650 417 Fort Lauderdale, FL 33309-2112 418 419 With a copy to: 420 421 Alan L. Gabriel, Esq. 422 BMPO General Counsel 423 Weiss Serota Helfinan Cole & Bierman, P.L. 424 200 E. Broward Blvd., Suite 1900 425 Fort Lauderdale, Florida 33301 426 427 12.3 Litigation; Venue; Limitation of Actions; Waiver of Jury. 428 429 12.3.1 This Agreement shall be construed and interpreted, and the rights of the parties 430 hereto determined, in accordance with Florida law. The parties submit to the jurisdiction of Florida 431 courts. The parties agree that proper venue for any suit concerning this Agreement shall be situated 432 exclusively in Broward County, Florida. In any litigation arising under this Agreement, each party 433 shall bear its own costs and attorney fees. To ENCOURAGE PROMPT AND EQUITABLE 434 RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO 435 A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 436 437 12.3.2 In the event of a breach of this Agreement or if enforcement of this Agreement shall 438 be required, the BMPO and City agree to reasonably cooperate with each other and take all 439 appropriate and necessary action to secure payment of all applicable compensation or 440 reimbursement of funds, and that no parry (the BMPO or City) shall be liable to the other for 441 damages; however, a party may be subject to equitable remedies such as mandamus or specific 442 performance. 443 444 12.4 Waiver. It is hereby agreed to by the parties that no waiver of breach or any of the 445 covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding 446 breach of the same or any covenant. 447 448 12.5 Entire Agreement. This Agreement expresses the entire agreement of the parties, and 449 no party shall be bound by any promises or representations, verbal or written, made prior to the 450 date hereof which are not incorporated herein. Any subsequent general planning contract and/or 451 work authorization accepted by the BMPO and the City shall be subject to the general terms and 452 conditions of this Agreement. (00252513.12704-0501640} Page 10 of 14 Temp. Reso. # 13173 September 26, 2018 453 454 12.6 Counterparts. This Agreement may be executed in one or more counterparts, each of 455 which shall be an original, but together such counterparts shall constitute only one instrument. 456 457 12.7 Failure to Perform. Should any party involuntarily fail to perform any of their respective 458 obligations pursuant to this Agreement, this Agreement may be terminated. 459 460 12.8 Severability. If any section, sentence, clause or phrase of this Agreement is found to be 461 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no 462 way affect the validity of the remaining portions of this Agreement. 463 464 12.9 Further Assurances. The parties hereby agree to execute, acknowledge and deliver and 465 cause to be done, executed, acknowledged and delivered all further assurances and to perform such 466 acts as shall reasonably be requested of them in order to carry out this Agreement. 467 468 12.10 Joint Preparation. The parties acknowledge that they have sought and received 469 whatever competent advice and counsel as was necessary for them to form a full and complete 470 understanding of all rights and obligation herein and that the preparation of this Agreement has 471 been their joint effort. The language agreed to express their mutual intent and the resulting 472 document shall not, solely as a matter of judicial construction, be construed more severely against 473 one of the parties than the other. 474 475 12.11 Priority of Provisions. If there is a conflict or inconsistency between any term, 476 statement, requirement, or provision of any exhibit attached hereto, any document or events 477 referred to herein, or any document incorporated into this Agreement by reference and a term, 478 statement, requirements, or provision of this Agreement, the term, statement, requirement, or 479 provision contained in Sections 1 through 10 of this Agreement shall prevail and be given effect. 480 481 12.12 Compliance With Laws. The parties shall comply with all applicable federal, state, 482 and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, 483 and obligations pursuant to this Agreement. 484 485 12.13 Amendments. No modification, amendment, or alteration in the terms or 486 conditions contained herein shall be effective unless contained in a written document prepared 487 with the same or similar formality as this Agreement and executed by the City of Tamarac City 488 Commission and the BMPO Board or others delegated authority to or otherwise authorized to 489 execute same on their behalf. In • 1, 491 12.14 Prior Agreements. This document represents the final and complete understanding of 492 the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, 493 agreements, and understandings applicable to the matters contained herein. The parties agree that 494 there is no commitment, agreement, or understanding concerning the subject matter of this 495 Agreement that is not contained in this written document. Accordingly, the parties agree that no 496 deviation from the terms hereof shall be predicated upon any prior representation or agreement, 497 whether oral or written. 498 (00252513.12704-0501640) Page 11 of 14 Temp. Reso. # 13173 September 26, 2018 499 12.15 Representation OfAuthority. Each individual executing this Agreement on behalf 500 of a party hereto hereby represents and warrants that he/she is, on the date he/she signs this 501 Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on 502 behalf of such party and does so with full legal authority. 503 504 12.16 Conflicts. BMPO and City shall take all possible steps to try to avoid scheduling 505 conflicts which would prevent BMPO's planning staff from attending meetings on behalf of the 506 City. In the event a scheduling conflict arises, each party shall inform the other party so that an 507 agreed upon solution may be reached. 508 509 12.17. Exclusivity. The parties agree that this is not an exclusive service agreement. The BMPO 510 may provide similar services to other entities. 511 512 513 514 515 516 517 518 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 519 520 521 522 {00252S13.1 2 704-0501640) Page 12 of 14 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 Temp. Reso. # 13173 September 26, 2018 AGREEMENT BETWEEN THE BROWARD METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF TAMARAC FOR TRANSPORATION PLANNING SERVICES IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BMPO, signing by and through its Chair and Executive Director, duly authorized to execute same, and City, signing by and through its Mayor and City Manager, attested to and duly authorized to execute same. 547 ATTEST 548 549 By: / X 550 Pat Teufel, it Clerk 551 552 (SEAL) 553 �wii�,ii��� 554,gyp, AR A C 555 p�•• �' �' 556 557 558 ; �co �° P�. r LL _ 559 560`� 6 0 /t `\\ 561 562 �''t�rii,i��`"� (00252513.12704-0501640) CITY CITY OF TAMARAC RIDA Z// By: — Al - WSKI-� H rry Dre ler, Mayor /) day of , 2018 Mic ael Cernech, City Manager ij�- �6 dayof e( 2018 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 13 of 14 AA Goren, City IT orney AGREEMENT BETWEEN THE BROWARD METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF TAMARAC FOR TRANSPORTATION PLANNING SERVICES BMPO BROWARD METROPOLITAN PLANNING ORGANIZATION By: By: Gregory Stuart, Executive Director Richard Blattner, Chair This day of , 2018. This day of APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE OF AND RELIANCE BY THE BMPO ONLY: IN Alan L. Gabriel, BMPO General Counsel Weiss Serota Helfman Cole & Bierman, P.L. Page 14 of 14 2018.