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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-050Temp. Reso. #12480 April 30, 2014 Revised May 13, 2014 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014 - S""(0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE MAINTENANCE OF BUS SHELTERS IN CONJUNCTION WITH THE BROWARD COUNTY BUS SHELTER GRANT PROGRAM; 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, the City is in partnership with Broward County to participate in the Federal Transit Administration's (FTA) Bus Livability Initiative grant program to provide the installation of bus shelters to local municipalities at existing bus stop locations via Resolution 2012-40, Authorization to Submit an Application via Broward County Transit to the FTA (attached hereto as Exhibit still, incorporated therein and made a specific part thereof); and WHEREAS, the City and Broward County have recently installed seventeen (17) new solar powered bus shelters, trash cans and bike racks through,a separate Federal Stimulus Grant program; and WHEREAS, the Livability Grant will provide forten (10) additional solar, powered bus shelters, trash cans and bike racks throughout the City based on high ridership data that will require maintenance; and Temp. Reso. #12480 April 30, 2014 Revised May 13, 2014 Page 2 of 4 WHEREAS, in conjunction with the FTA grant program, an "Installation and Maintenance of Transit Shelters Agreement" (attached hereto as Exhibit "2") must be agreed upon between Broward County and the City; and WHEREAS, the Installation and Maintenance of Transit Shelters Agreement stipulates that the shelters will be installed and owned by Broward County paid solely with grant funds; and WHEREAS, the City agrees to maintain the shelters at an annual cost of approximately $6,200; and WHEREAS, the Director of Community Development, the Director of Financial Services, and the Purchasing and Contracts Manager recommend executing an agreement between Broward County and the City of Tamarac for the Installation and Maintenance of Bus Shelters in conjunction with the Broward County Bus Shelter Grant Program; 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 an agreement between Broward County and the City of Tamarac for the Installation and Maintenance of Bus Shelters in conjunction with the Broward County Bus Shelter Grant Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Temp. Reso. ##12480 April 30, 2014 Revised May 13, 2014 Page 3 of 4 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. The 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 an Agreement with Broward County, included herein as Exhibit "2". 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. #12480 April 30, 2014 Revised May 13, 2014 Page 4of4 PASSED, ADOPTED AND APPROVED this day of , 2014. ATTEST: PAT TEUFEL, FMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. HARRY DRESSLER, MAYOR Tjk .M,q101* i moo .010 moo 1BLISHeo . ESTA cj • 190, _'13. L S • v� #49 co uN �1/11111% RECORD OF COMMISSION VOTE: MAYOR DRESSLER UL DIST 1: COMM. BUSHNELL DIST 2: VICE MAYOR GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO _LLLA LJ IL AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for INSTALLATION AND MAINTENANCE OF TRANSIT SHELTERS AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC for INSTALLATION AND MAINTENANCE OF TRANSIT 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, Four Hundred and One Thousand Four Hundred and Forty Dollars ($401,440) was allocated in FTA Earmark D2012-BLIV-04 for Transit Infrastructure Improvements from the Federal Transit Administration ("FTA") to be used for ten (10) transit stop locations at ten (10) bus stops in the amount of $401,440; and WHEREAS, COUNTY is a designated recipient in the Miami Urbanized Area eligible to receive federal assistance from the FTA, and MUNICIPALITY is not; and WHEREAS, COUNTY, as a designated recipient in the Miami Urbanized Area, agrees to submit an application to FTA for the Transit Infrastucture Improvements in MUNICIPALITY in amount of $401,440, ("Grant Funds") for Federal Project Number: FL-04-0177 (" Tamarac Bus Shelter Project"); and WHEREAS, as the designated recipient of Grant Funds, COUNTY is responsible for ensuring that all applicable grant requirements are met and shall be required to perform numerous administrative responsibilities to administer the Grant Funds; and WHEREAS, in recognition of the administrative responsibilities that COUNTY will undertake, MUNICIPALITY agrees to pay COUNTY an administrative fee which fee shall be paid with local funds (non -state, non-federal funds); and 1 t WHEREAS, COUNTY and MUNICIPALITY have determined that it is cost effective for COUNTY to administer the Grant Funds to install, or cause to be installed, the bus shelter improvements within the jurisdictional limits of MUNICIPALITY, provided that MUNCIPALITY agrees to maintain the transit shelters upon installation; and WHEREAS, MUNICIPALITY agrees to maintain the transit shelters; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to improve the comfort of the traveling public by providing transit 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: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 "Agreement" shall mean this document, Articles 1 through 9, 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 "Transit Shelter(s)" shall mean the bus stop shelter pad(s), shelter structure(s), trash receptacle(s) and other amenities commonly associated with shelters. 2 r ARTICLE 2 SCOPE I COUNTY and MUNICIPALITY shall: 2.1 COUNTY agrees to submit an application to FTA for the Grant funds subject to the terms and conditions set forth in the Agreement. COUNTY and MUNICIPALITY g acknowledge and agree that in the event that the grant application is not approved by FTA, then this Agreement shall be null and void and neither COUNTY nor MUNICIPALITY shall have any further obligation hereunder. 2.2 COUNTY shall provide plans to MUNICIPALITY for the installation of Transit Shelter(s), which plans shall be approved by MUNICIPALITY. The installation of the Transit Shelters shall be paid for solely with Grant Funds. In the event that the Grant funds are not sufficient to fund the installation of the Transit Shelter(s), COUNTY agrees to consult with MUNICIPALITY in an attempt to conform the Transit Shelter Project to the Grant Funds. In the event that COUNTY and MUNICIPALITY are unable to agree on modifications to the Transit Shelter Project, then COUNTY shall have the right to terminate this Agreement. 2.3 Following a determination by COUNTY that the Grant Funds are sufficient to fund in total the Transit Shelter Project, COUNTY shall provide MUNICIPALITY with a non- binding time line of construction that includes estimated commencement and completion dates. COUNTY shall install or cause to be installed Transit Shelter(s) which are described and located as set forth on Exhibit "A" within the jurisdiction of MUNICIPALITY. The installation of the Transit Shelters shall be paid for solely with Grant Funds. The Transit Shelter(s) shall remain the property of COUNTY. MUNICIPALITY shall provide easement(s) in a form acceptable to COUNTY prior to the installation of the Transit Shelter(s), where applicable, if requested by COUNTY. MUNICIPALITY shall have the authority to inspect the Transit Shelter(s) prior to acceptance of the Transit Shelter(s) for maintenance purposes. COUNTY shall provide MUNICIPALITY with written notice of the installation of the Transit Shelter(s) and MUNICIPALITY shall have three (3)'busine'ss days to inspect the Transit Shelters) and advise COUNTY, in writing, of any issues regarding the installation. In the event the MUNICIPALITY identifies any issues regarding the installation of the Transit Shelter(s), COUNTY shall take all reasonable steps to promptly address the issue identified in the MUNICIPALITY's written notice. COUNTY shall warrant the installation of the Transit Shelter(s) for a period of one year and COUNTY shall assign any warranties for the Transit Shelter(s) to MUNICIPALITY. 2.4 MUNICPALITY agrees to maintain, at its sole cost and expense, the Transit 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 Transit Shelter(s) shall be kept clean and free from trash and debris. The Transit Shelter(s) shall be kept free of graffiti. As part of the maintenance responsibility, MUNCIPALITY shall at all times keep Transit Shelter(s) K f in good repair and replace, defective, damaged or worn out parts of the Transit Shelter(s). MUNICIPALITY's responsibility to keep the Transit 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 s to maintain the Transit Shelters in a manner to protect against injury to any person or property. In the event that a Transit Shelter should suffer significant damage, MUNICIPALITY shall immediately report the damage to COUNTY and MUNICIPALITY shall p immediately take any and all steps reasonably necessary to protect against injury to an person or property. "Significant Damage" shall mean damage to the Transit Y Shelter which renders the Transit Shelter no longer suitable to meet and perform adequately for the purpose for which is was constructed and it may not be safely q Y maintained within the parameters set forth by the manufacturer. Following a determination b COUNTY, in consultation with MUNICIPALITY, that the Transit Y Shelter has suffered Significant Damage and that the Transit Shelter is beyond repair, MUNICIPALITY, at its sole cost, shall remove the Transit Shelter within 72 hours from notice of COUNTY's determination or within a time period mutually agreed to b COUNTY and Municipality. COUNTY's-determination relating to the g Y ability to repair the Transit Shelter shall be final. Neither COUNTY nor MUNICIPALITY shall be required to replace a shelterwhich has suffered Significant Damage and been deemed by COUNTY to be beyond repair. In the event that g COUNTY, in its sole discretion shall replace a Transit Shelter, MUNICIPALITY acknowledges and agrees that all terms and conditions of this Agreement shall apply to the replacement Transit Shelter. The above notwithstanding, following a determination that a Transit Shelter has suffered Significant Damage and is beyond repair, in the event MUNICIPALITY expresses its desire in writing to replace the Transit Shelter, MUNICIPALITY shall be permitted to do so at its sole cost and expense. Any replacement shelter shall comply with all applicable laws and permitting requirements which shall include, but not be limited to, laws and regulations relating to the ADA. 2.5 All Transit 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 Transit Shelter(s) so that members of the public may contact MUNICIPALITY regarding problems with the Transit Shelter(s). MUNICIPALITY shall promptly respond and correct all complaints regarding maintenance. 2.6 COUNTY and MUNICIPALITY agree and understand that this Agreement does not change the COUNTY road functional classification. CI 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 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 and repair the Transit Shelters, COUNTY, at the option of Contract Administrator, may cause such breach to be corrected and bill MUNICIPALITY for the costs of such correction, or terminate this Agreement. If COUNTY opts to correct the breach and bills MUNICIPALITY for same, MUNICIPALITY shall 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 Transit 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 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." 5 { 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 9.12 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 1 North University Drive, Suite 3100A Plantation, FL 33324 FOR MUNICIPALITY: City of Tamarac City Manager 7525 N.W. 88 Avenue Tamarac, FL 33321 ARTICLE 6 ADMINISTRATIVE FEE Inconsideration of COUNTY's administration and management of the Grant and the installation of the Transit Shelters, MUNICIPALITY agrees to pay COUNTY an amount equal to ten percent (10%) of the total Grant Funds received by COUNTY. Upon COUNTY's receipt of an FTA reimbursement of Transit Shelter Project expenditures, COUNTY shall submit an invoice to MUNICIPALITY in an amount that equals ten percent (10%) of the FTA reimbursement. MUNICIPALITY shall pay said invoice within thirty (30) days. MUNICIPALITY's payment to COUNTY shall be made with local funds (non -state, non-federal funds). ARTICLE 7 INDEMNIFICATION 7.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. MUNICIPALITY is a state agency or political subdivision as defined in Chapter C� E 4 768.28, Florida Statutes, and shall be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. 7.2 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: 7.2.1 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. ARTICLE 8 INSURANCE 8.1 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. 8.2 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: 8.2.1 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 L ARTICLE 9 MISCELLANEOUS 9.1 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 9.1. 9.2 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 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, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, A I t other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.2.1 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. 9.2.2 - MUNICIPALITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 161/2) in performing any services pursuant to this Agreement. 9.3 INDEPENDENT CONTRACTOR 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. 9.4 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. 9.5 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 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. 9 r � w 1 t 9.6 9.7 9.9 9.10 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 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. COMPLIANCE WITH LAWS. MUNICIPALITY shall comply with all federal, ordinances, rules, and regulations in performing obligations pursuant to this Agreement. SEVERANCE. state, and local laws, codes, its duties, responsibilities, and 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. 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 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. 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 9 of this Agreement shall prevail and be given effect. 10 9.11 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. 9.12 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. 9.13 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 representations or agreements, whether oral or written. 9.14 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. 9.15 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, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. 11 9.16 MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 12 e 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 through its ayor, or Vice -Mayor, authorized to execute same by Board action on the 10j - day of , 20 , and CITY OF TAMARAC, signing by and through its , duly authorized to execute same. ATTEST.: County 10.dnistrator and Ex-Officio C erk of the Board of County Commissioners of Broward County, Florida Approved as to Insurance Requirements: M COUNTY isk Management S-b�//y Jacqueline A• Skm Risk InsuranCe and Contracts Ma UKW BROWARD COUNTY, through its Board of County Commissioners day of , 20 0 Approved as to form by Joni Armstrong Coffey, Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telqaopier,, (954) 357-6968 By_ Xr'..) -- -- �;'Jzz-' A 'ftvSharon V. Thorsen (Date) Senior Assistant County Attorney APPROVED: z el M. Pfeffer (Date) Deputy County Attorney •• 0 • • 100 r CREATED + 0 ;co OCT 1si a W w ;0 1915 w ♦ • ti .ram®' '.,• coo • '••••' �4 NNN 13 T ' r AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR INSTALLATION AND MAINTENANCE OF TRANSIT SHELTERS MUNICIPALITY ATTEST: City Clerk SVT:dmv 4/28/14 04/22/14 TRANS ITbussheltersmaintenanceTamaracGrant 09-114.09 CITY OF TAMARAC Mayor � day of iY}0.� 12011 day of APPRO M City Administrator V City Attorney 20_L'.;PK 14 r EXHIBIT "A" PROJECT IMPROVEMENT AND SCOPE Summary of Work Install bus shelters and associated amenities at 10 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 W W Z Z a Z Y o o o = m a o 1- , Z , (AW 6 Z W (A W M o W. V z - a N ° o p j u,, _ ca — m 5397 University Drive NW 76th Street SB Nearside Medium Yes Yes Yes State Tamarac 196 University Drive McNab Road NB Nearside Medium Yes Yes Yes State Tamarac 3231 University Drive NW 64th Street SB Farside Medium Yes Yes Yes State Tamarac 1684 Commercial Blvd NW 70th Avenue WB Farside Small Yes Yes Yes State Tamarac 4111 Commercial Blvd University Drive WB Nearside Small Yes Yes Yes State Tamarac 2809 McNab Road University Drive WB Nearside Small Yes Yes Yes County Tamarac 3229 University Drive NW 76th Street NB Farside Medium Yes Yes Yes State Tamarac 5359 Commercial Blvd Pine Island Rd WB Farside Small Yes Yes Yes City Tamarac 5071 Commercial Blvd NW 82th Avenue WB Farside Small Yes Yes Yes County Tamarac 5477 Hiatus Road Commercial Blvd SB Nearside Small Yes Yes Yes City Tamarac 1 Bus Shelter Maintenance Agreement Exhibit "A" TABLE KEY STOP_ID Bus stop ID MAIN_STREET Street on which stop is located CROSS_STREET Closest street intersecting street on which bus stop is located or landmark DIRECTION Direction of travel , WB = westbound, EB = eastbound, SB = southbound, NB = northbound LOCATION Location of the bus stop with respect to the Cross Street or Landmark, N = Near -side; F = Far -side; I N FR = In -front -of; OPP = Opposite DISTANCE Distance from the bus stop to the Cross Street or Landmark SHELTERTYPE S= Small Shelter (Prefabricated, 4' roof and 5', SE = Small Extended Shelter (Prefabricated, 5' M= Medium Shelter (Prefabricated, 7' roof, 10' L= Large Shelter (20'X20') 6' min. RNV, 14' length) roof, 9' min. RNV, 14' length) min. RNV, 14' length) BENCHTYPE Bench - Y= Yes; N = No, Blank Space= No information available This is a bench in addition to the one included with the shelter TRAS H_B I N Trash can - Y= Yes; N = No, Blank Space= No information available B I KE_RAC K Bike Rack - Y= Yes; N = No ROW Right of way ownership STATE = State Road; COUNTY = County Road LOCAL = Municipal road ff Z7 w + AN r♦ 1 4 a r 1 w :ii M •i: f! Aday be used to,s�ne� irwir�ur N ♦ � 7-1 L r ILt q 1 yM yt i Persontl 1*rp 7771 1, �• w IF p 1' ♦ -i ♦ 1 ~ • 4 -. 1 1 M r y w a t -1- LTJ Cla v j%T=RY SIG us. L�tiaeeaa� Hadxw ems• ,& Jones Act is mmWWOW lbr ate' adAties to or abut, r--b 4 r ry Exhibit I 1 E 3 5 0 7 an Resolution 20 t 4-3 07 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, APPROVING AN AGREEMENT FOR FEDERAI. ASSISTANCE WITH THE FEDERAL TRANSIT ADMINISTRATION FTA PURSUANT TO 49 U.S.C. § 5349 IN THE AMOUNT OF �OU� HUNDRED ONE THOUSAND FOUR HUNDRED AND FORTY DOLLARS ($401,440) FOR TRANSIT SHELTERS FOR THE CITY OF TAMARAC, FLORIDA: AUTHORIZING THE DIRECTOR OF THE TRANSIT DIVISION OR DESIGNEE TO FURNISH FTA WITH ADDITIONAL INFORMATION WHICH MAY BE REQUIRED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation for the U.S. Department of 101 Transportation is authorized to make grants for transit projects, NOW, THEREFORE, 11 13 14 15 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA: Section 1. That the Broward County Board of County Commissioners 161 approves the Federal Grant FL-04-0177-40 for transit shelters in the City of Tamarac, 17 Florida, in the amount of $401,440 ("Grant Agreement") and authorizes the Director of 181 the Transit Division or designee to execute the Grant Agreement The local match will 191 be met by toll revenue credits in the amount of $100,360. 20 21 22 23 24 Section 2. That the Director of the Transit Division, or designee, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection With the project. Exhibit I 1 I Section 3, EFFECTIVE DATE. 2 This Resolution shall become effective upon its adoption. 3 4 ADOPTED this ! 0.� day of ' �— , 20 5 6 7 Approved as to form and legal sufficiency; 8 Joni Armstrong Coffey, County Attorney 9 By: Is/ Sharon V. Thors.en 05/07194 10 Sharon V. Thorsen (Date) 91 Senior Assistant County Attorney 12 13 14 15 '16 17 18 19 20 21 22 svranw 23 05107114 RaaflFTAgrantTemarac 24 14-1 Moa -2-