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
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RECORD OF COMMISSION VOTE:
MAYOR DRESSLER UL
DIST 1: COMM. BUSHNELL
DIST 2: VICE MAYOR GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
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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
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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.
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ARTICLE 2
SCOPE
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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
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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)
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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
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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
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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
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maintained within the parameters set forth by the manufacturer. Following a
determination b COUNTY, in consultation with MUNICIPALITY, that the Transit
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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
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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.
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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."
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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
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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.
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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,
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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.
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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.
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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
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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
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City Administrator
V
City Attorney
20_L'.;PK
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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.
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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
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Exhibit I
1
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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
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