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
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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
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Principal Senior VP $225.79 34TDIJ 1 5206.77 $358.01 5245.75 $276.09 1 320.85 $236.94 $241.61
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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
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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
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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
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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
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Temp. Reso. # 13173
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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
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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
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Temp. Reso. # 13173
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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
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Temp. Reso. # 13173
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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
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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
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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.
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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
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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
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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
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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
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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.