HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-017Temp. Reso. # 12306
February 27, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013 - / 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING THE BROWARD
COUNTY TREE PRESERVATION TRUST FUND GRANT IN
AN AMOUNT UP TO $57,613; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
BROWARD COUNTY FOR THE TREE PRESERVATION
GRANT FUNDS; AUTHORIZING BUDGET AMENDMENTS
AS NEEDED FOR PROPER ACCOUNTING PURPOSES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to enhance
landscape beautification within the City of Tamarac; and
WHEREAS, the City of Tamarac Public Works Department proposes the installation
of trees at various locations within the City per "Attachment A" to the Agreement between
Broward County and the City of Tamarac, hereto attached as "Exhibit 1 "; and
WHEREAS, the City of Tamarac received notification from the Broward County Tree
Preservation Trust Committee that the request for funds in an amount up to $57,613 is
approved; and
WHEREAS, the City of Tamarac is not required to provide matching funds; and
WHEREAS, it is the recommendation of the City Manager and Director of Public
Works that the grant in amount not to exceed $57,613 from the Broward County Tree
Preservation Trust Fund be accepted; 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 accept the Broward
Temp. Reso. # 12306
February 27, 2013
Page 2
County Tree Preservation Trust Fund Grant in an amount not to exceed $57,613 for
installation of trees at various locations within the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
yV- .
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 and all exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION I
The Broward County Tree Preservation Trust Fund grant in an
amount not to exceed $57,613 is HEREBY accepted.
SECTION I
The appropriate City Officials are HEREBY authorized to
execute an agreement, hereto attached as Exhibit 1, between the City of Tamarac and
Broward County, for the acceptance
Preservation Trust Committee.
SECTION 4:
of the grant from the Broward County Tree
An appropriation for the receipt and expenditure for this will be
included in a budget amendment prior to November 30, 2013 pursuant to F.S.166.241(2).
SECTION5:
All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6:
If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7:
passage and adoption.
Temp. Reso. # 12306
February 27, 2013
Page 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 4 7-da)
V` 1 1 /-1"1-".1-01VV"
MAYOR
ATTEST:
PATRICIA TEUFF.�, CMC
INTERIM CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHN LL
DIST 2: COMM. ATKINS-GRM6L,,-oV�
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER L,44�4�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
—SAMUEL S. GOREN
CITY ATTORNEY
AGREEMENT
Between
BROWARD COUNTY
CITY OF TAMARAC
IN AN AMOUNT UP TO $57,613.00
PROVIDING FOR DISBURSEMENT FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST FUND
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
IN AN AMOUNT UP TO $57,61.3.00
PROVIDING FOR DISBURSEMENT FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST FUND
This is an Agreement 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,
�ilk D
CITY OF TAMARAC, a municipal corporation existing under the laws of the State
of Florida, hereinafter referred to as "GRANTEE."
WHEREAS, GRANTEE has submitted a request for funding to the COUNTY for a
project outlined and attached hereto as Exhibit "A" ("Project"), for disbursement of funds
from the Broward County Tree Preservation Trust Fund to finance a proposed tree
planting project on public land within the City of Tamarac; and -
WHEREAS, the COUNTY through its Tree Preservation Trust Committee has
reviewed the plans submitted by GRANTEE and approved the request and
recommends approval of the disbursal of funds from the Tree Preservation Trust Fund
in an amount up to fifty seven thousand six hundred thirteen and 00/100 Dollars
($57,613.00); and
WHEREAS, the COUNTY and GRANTEE wish to enter into an Agreement to
govern the disbursement of monies to finance the Project; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, COUNTY and GRANTEE agree as follows:
ARTICLE 1 - PROJECT
1.1 GRANTEE
agrees
to provide and implement the
Project more
specifically
described
and
set
forth
in
Exhibit
"A" attached
hereto and
by
this
reference
made
a
part
hereof. GRANTEE shall be solely responsible for the placement, management and
maintenance of the Project.
1.2 GRANTEE agrees to complete the Project no later than eighteen (18) months
from execution of this Agreement by COUNTY. It shall be GRANTEE's responsibility to
notify COUNTY promptly in writing whenever a delay is anticipated or experienced, and
to inform COUNTY of all facts and details related to the delay. Any time extension
authorized by the COUNTY shall be provided for by the County Administrator, in writing,
and shall extend the dates in this section by an equal amount of time. Failure to
complete the Project within the eighteen (18) months of approval of this Agreement by
COUNTY or any extended time period as set forth herein may result in the forfeiture of
funds.
1.3 GRANTEE shall meet or exceed the standards noted in the project description
attached and incorporated in this Agreement, and all applicable codes, ordinances,
statutes and any other regulations imposed by any regulatory body or authority
governing the design and construction.
ARTICLE 2 - FUNDING AND METHOD OF PAYMENT AND -
PROVISIONS RELATING TO THE USE OF THE FUNDS
2.1 COUNTY agrees to reimburse GRANTEE for implementation of the Project in the
maximum amount of fifty seven thousand six hundred thirteen and 00/100 Dollars
($57,613.00). GRANTEE agrees to expend the funds allocated to the Project no later
than the termination date established by Article 5 or 6 herein. All funds not expended
within the term of this Agreement shall remain in the custody and control of COUNTY.
2.2 COUNTY agrees to reimburse GRANTEE for the Project expenses incurred
hereto, provided GRANTEE complies with the procedures for invoices and payments as
set forth in this Article.
2.3 GRANTEE shall invoice COUNTY for work performed pursuant to this
Agreement.
2.3.1 GRANTEE shall provide COUNTY with an executed original of any
contracts or subcontracts authorizing the work to be done on the Project.
2.3.1.1 Any work or services subcontracted hereunder shall be, specifi-
cally authorized by written contract, written agreement, or purchase order
and shall be subject to each provision of this Agreement. Proper
documentation in accordance with county, state and federal guidelines
and regulations must be submitted to and approved by the Environmental
Protection and Growth Management Department ("Department") prior to
the execution of any subcontract hereunder. In addition, all subcontracts
shall be subject to federal, state, and county law and regulations.
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2.3.1.2 None of the work or services, including but not limited to con-
sultant work or services covered by this contract, shall be subcontracted
or reimbursed without the prior written consent of the Department.
2.3.2 GRANTEE shall not use these funds for any purpose other than the
purpose set forth in this Agreement.
2.3.3 Request by GRANTEE for payment shall be accompanied by proper
documentation and shall be submitted to the Department for approval no later
than thirty (30) days after completion of the Project.
2.3.4 For purposes of this section, copies of invoices, receipts, or other
evidence of indebtedness shall be considered proper documentation. Invoices
shall not be honored if received by COUNTY later than sixty (60) days after
expiration or termination of this Agreement.
2.4 Upon receipt of GRANTEE's invoice for reimbursement, approval of GRANTEE's
close-out report, and final inspection by the Department verifying that the Project has
been completed in accordance with the Project description, the Department shall
authorize payment to GRANTEE the amount it determines to be eligible for payment. In
the event that subcontractors of the GRANTEE have not been paid for their work or
products and/or waivers of lien have not been obtained from the subcontractors,
COUNTY may, in its sole discretion, pay the subcontractors the amount due.
2.5 GRANTEE shall have an adequate financial system and internal fiscal controls in
accordance with COUNTY requirements.
ARTICLE 3- FINANCIAL RESPONSIBILITY
3.1 GRANTEE hereby gives COUNTY, through any authorized representative,
access to and the right to examine all records, books, papers, or documents relating to
the Project.
3.2 GRANTEE hereby agrees to maintain books and records in accordance with
Generally Accepted Accounting Principles and properly reflect all expenditures of funds
provided by COUNTY under this Agreement.
3.3 GRANTEE agrees and understands that all funding authorized under this
Agreement shall be used only for eligible activities specifically outlined in this
Agreement. GRANTEE hereby agrees that if it has caused any funds to be expended in
violation of this Agreement, it shall be responsible to refund such monies in full to
COUNTY.
3.4
COUNTY shall have the right to inspect
the Project, as well as the right
to audit
the
books,
records,
and accounts of GRANTEE
and
its
subcontractors
that are
related
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to this Project. GRANTEE 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 GRANTEE 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, GRANTEE or its subcontractor, as
applicable, shall make same available at no cost to COUNTY in written form.
GRANTEE 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
GRANTEE's and its subcontractors' records, GRANTEE 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 GRANTEE 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.
GRANTEE shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 3.4.
3.5 GRANTEE is required to and hereby agrees to account for program income
related to Project financed in whole or part with Tree Preservation Trust Funds.
ARTICLE 4 — INDEMNIFICATION AND INSURANCE
4.1 GRANTEE and COUNTY are state agencies or political subdivisions of the state
of Florida, as defined in Section 768.28, Florida Statutes, and each party shall be fully
responsible for acts and omissions of its agents, contractors, or employees in the
performance of its obligations under this Agreement, to the extent permitted by law.
Nothing herein is intended to serve as a waiver of sovereign immunity by any party to
which sovereign immunity may be applicable. Nothing herein shall be construed as
consent by a state agency or political subdivision of the state of Florida to be sued by
third parties, in any matter, arising out of this Agreement or any other contract. Both
parties shall furnish the other party with written verification of liability protection in
accordance with state law prior to final execution of this Agreement.
4.1.1 In the event GRANTEE elects to purchase excess liability coverage,
COUNTY, shall be named as an additional insured and certificate holder under
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said policy and COUNTY shall be notified of said coverage and provided
evidence of same.
ARTICLE 5 - TERM OF AGREEMENT
Unless extended pursuant to Section
commence on the date it is executed by
from the commencement date.
1.2, this
Agreement
shall be
deemed to
COUNTY
and
shall
end
eighteen
(18)
months
ARTICLE 6 - TERMINATION
6.1 This Agreement is subject to the availability of funds. Should funds no longer be
available, this Agreement shall terminate upon no less than twenty-four (24) hours
notice in writing to GRANTEE. Said notice shall be delivered by certified U. S. mail,
return receipt requested, or in person, with proof of delivery. COUNTY shall be the final
authority as to the availability of funds.
6.2 If, through any cause, GRANTEE fails to fulfill in timely and proper manner its
obligation under this Agreement, or if GRANTEE shall violate any of the covenants,
agreements, or stipulations of *this Agreement, COUNTY, at the discretion of and
through the County Administrator, shall thereupon have the right to terminate this
Agreement or suspend payment in whole or part by giving written notice to GRANTEE
of such termination or suspension of payment and specifying the effective date thereof,
at least five (5) days before the effective date of termination or suspension. If payments
are withheld, the Department shall specify in writing the actions that must be taken by
GRANTEE as a condition precedent to resumption of payments and should specify a
reasonable date for compliance.
6.3 In the event of termination, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared, capital equipment
and any other assets secured by GRANTEE with Tree Preservation Trust Funds under
this contract shall be returned to COUNTY.
6.4 Notwithstanding the above, GRANTEE shall not be relieved of liability to
COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement
by GRANTEE, and COUNTY may withhold any payments to GRANTEE, for the
purposes of setoff until such time as the exact amount of damages is determined.
6.5 In the best interests of the Tree Preservation Trust Fund program and in order to
better serve the people in the target areas and fulfill the purposes of the program, either
party may terminate this Agreement upon giving thirty (30) days notice in writing of its
intent to terminate, stating its reasons for doing so. In the event COUNTY terminates
the Agreement, COUNTY shall pay GRANTEE for eligible Project expenses incurred
prior to the date of the notice to terminate. The County Administrator is authorized to
terminate this Agreement on behalf of the COUNTY pursuant to this Section upon the
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County Administrator's determination that termination is in the best interests of the
COUNTY.
6.6 All requests for an amendment to this Agreement must be submitted in writing to
the Department no less than ninety (90) days prior to the termination date of the
Agreement.
ARTICLE 7 - NOTICES
Whenever either party desires to give notice unto the other, such notice must be
in writing, sent by certified United States mail, return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving of
notice shall remain such until it shall have been changed by written notice in compliance
with the provisions of this paragraph. For the present, the parties designate the
following as the respective places for giving of notice, to -wit:
FOR COUNTY:
Director, Environmental Protection
and Growth Management Department
115 South Andrews Avenue, Room 329B
Fort Lauderdale, Florida 33301
FOR GRANTEE:
City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
ARTICLE 8 - MISCELLANEOUS
8.1 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. GRANTEE 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. GRANTEE 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, GRANTEE 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, other forms of
compensation, terms and conditions of employment, training (including apprenticeship),
and accessibility. GRANTEE's decisions regarding the delivery of services under this
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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. GRANTEE shall not engage in or
commit any discriminatory practice in violation of the Broward County Human Rights Act
(Broward County Code, Chapter 16Y2) in performing any services pursuant to this
Agreement.
8.2 DRUG FREE WORKPLACE. GRANTEE agrees to administer, in good faith, a
policy designed to assure a workplace free from the illegal use, possession or
distribution of drugs or alcohol by its beneficiaries.
8.3 INDEPENDENT CONTRACTOR. GRANTEE is an independent contractor under
this Agreement. Services provided by GRANTEE shall be performed by employees or
subcontractors of GRANTEE and subject to supervision by GRANTEE, and shall not be
deemed officers, employees, or agents of COUNTY. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing
policies and other similar administrative procedures applicable to services rendered
under this Agreement shall be those of GRANTEE, which policies of GRANTEE shall
not conflict with COUNTY, or State of Florida policies, rules or regulations relating to the
use of the funds provided for under this Agreement.
8.4 PRIOR AGREEMENTS SUPERSEDED. 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, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written.
8.5 AMENDMENTS. COUNTY may, in its discretion, amend this Agreement to
conform with changes in federal, state, local, and/or COUNTY directives and objectives.
Such amendments shall be incorporated by written amendment as a part of this
Agreement and shall be subject to approval of the Board of County Commissioners,
except as set forth herein. Except for the provisions as set forth herein, no modification,
amendment or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith.
8.6 ASSIGNMENT. Except as specifically provided for in this Agreement, GRANTEE
shall not transfer or assign the performance of services called for in this Agreement.
However, this Agreement shall run to COUNTY or its successors.
8.7 REPORTS, PLANS
AND
OTHER AGREEMENTS. All
reports, plans, surveys,
information,
documents,
maps
and
other
data
procedures
developed,
prepared,
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assembled or completed by GRANTEE for the purposes of this Agreement shall
become the property of COUNTY without restriction, reservation or limitation of their use
and shall be made available by GRANTEE at any time upon request by COUNTY or
Department. Upon completion of all work contemplated under this Agreement, copies
of all of the above data shall be delivered to the Department upon written request.
8.8 CONFLICT OF INTEREST. GRANTEE covenants that no person who presently
exercises any functions or responsibilities in connection with the Project has any
personal financial interest, for one (1) year thereafter. Any possible conflicting interest
on the part of GRANTEE, its employees, or agents, shall be disclosed in writing to the
Department. Neither GRANTEE nor its employees related to the Project which is the
subject of this Agreement shall have or hold any continuing or frequently recurring
employment or contractual relationship that is substantially antagonistic or incompatible
with GRANTEE's loyal and conscientious exercise of judgment related to its
performance under this Agreement. GRANTEE agrees that none of its employees
shall, during the term of this Agreement, serve as an adverse or hostile witness against
COUNTY in any legal or administrative proceeding in which he or she is not a party,
unless compelled by court process, nor shall such persons give sworn testimony or
issue a report or writing, as an expression of his or her opinion, which is adverse or
prejudicial to the interests of COUNTY in any such pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude such
persons from representing themselves in any action or in any administrative or legal
proceeding regarding this Agreement. In the event GRANTEE is permitted to utilize
subcontractors to perform any services required by this Agreement, GRANTEE agrees
to prohibit such subcontractors, by written contract, from having any conflicts as within
the meaning of this section.
8.9 EXECUTION. This document shall be executed in three (3) counterparts, each
of which shall be deemed to be an original.
8.10 CHOICE OF LAW; WAIVER OF JURY TRIAL. Any controversies or legal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs,
and shall be governed by the laws of the State of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby waives
any rights it may have to a trial by jury of any such litigation.
8.11 SEVERANCE. In the event this Agreement or a portion of this Agreement is
found b a court of competent jurisdiction to be invalid, the remaining provisions shall
Y p
continue to be effective.
8.12 LEGAL PROVISIONS DEEMED INCLUDED. Each and every provision of any
law and clause required by law to be inserted in this Agreement shall be deemed to be
inserted herein, and this Agreement shall be read and enforced as though it were
-8-
included herein and if, through mistake or otherwise, any such provision is not inserted
or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
8.13 NO CONTINGENT FEE. GRANTEE warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
GRANTEE, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee
working solely for GRANTEE any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, COUNTY shall have the right to terminate
the Agreement without liability at its discretion, to deduct from the contract price or
otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
8.14 KNOWLEDGE AND COMPLIANCE WITH APPLICABLE LAWS. GRANTEE
shall keep fully informed of all Federal and State laws, all local laws, ordinances and
regulations, and all orders and decrees of bodies or tribunals having jurisdiction or
authority which, in any manner, affect work authorized under the terms of this
Agreement. The GRANTEE shall at all times observe and comply with all such laws,
ordinances, regulations, orders and decrees.
8.15 PUBLIC ENTITY CRIMES ACT. GRANTEE represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes), which essentially provides that a person or affiliate who is a contractor,
consultant or other provider and who has been placed on the convicted vendor list
following a conviction for a Public Entity Crime may not submit a bid on a contract to
provide any goods or services to COUNTY, may not submit a bid on a contract with
COUNTY for the construction or repair of a public building or public work, may not
submit bids on leases of real property to COUNTY, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with
COUNTY, and may not transact any business with COUNTY in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for category two purchases for a
period of thirty-six (36) months from the date of being placed on the convicted vendor
list. Violation of this section shall result in termination of this Agreement and recovery of
all monies paid hereto, and may result in debarment from COUNTY's competitive
procurement activities. In addition to the foregoing, GRANTEE further represents that
there has been no determination, based on an audit, that it committed an act defined by
Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of
the amount of money involved or whether GRANTEE has been placed on the convicted
vendor list.
8.16 THIRD PARTY BENEFICIARIES. Neither GRANTEE nor COUNTY intend to
directly or substantially benefit a third party by this Agreement. Therefore, the parties
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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.
8.17 WAIVER OF BREACH AND MATERIALITY. Failure by COUNTY to enforce any
provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. No waiver shall be effective unless it is in writing and
signed by the party against whom it is asserted. A waiver of any provision of this
Agreement or failure to perform any of the terms, covenants, and conditions of this
Agreement shall not be deemed a waiver of any prior or subsequent failure to perform
any term, covenant or condition of this Agreement and shall not be construed to be a
modification of the terms of this Agreement. COUNTY and GRANTEE agree that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
8.18 JOINT PREPARATION. COUNTY and GRANTEE acknowledge that they have
sought and received whatever competent advice and counsel as was necessary for
them to form a full and complete understanding of all rights and obligations under this
Agreement, and the preparation of this Agreement has been a joint effort of COUNTY
and GRANTEE and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other.
8.19 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 8 of this Agreement
shall prevail and be given effect. Where there is a conflict between any provision set
forth within this Agreement and a more stringent State or Federal provision which is
applicable to any services performed under this Agreement, the more stringent State or
Federal provision shall prevail.
8.20 INCORPORATION BY REFERENCE. The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties. The attached
Exhibits are incorporated into and made a part of this Agreement.
8.21 USE OF TERMS. All terms and words used in this Agreement, despite the
number and gender in which used, shall be deemed to include any other gender or
number as the context or the use thereof may require. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to
any particular sentence, paragraph, or section where they appear, unless the context
otherwise requires. Whenever reference is made to a section of this Agreement, such
reference is to the section as a whole, including all of the subsections and
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subparagraphs of such section unless the reference is made to a particular subsection
or subparagraph of such section.
8.22 FURTHER ASSURANCE. GRANTEE and COUNTY agree to execute,
acknowledge, deliver, and cause to be done, executed, acknowledged, and delivered all
such further documents and perform such acts as shall reasonably be requested of it to
carry out this Agreement and give effect hereto. Accordingly, without in any manner
limiting the specific rights and obligations set forth in this Agreement, the parties declare
their intention to cooperate with each other in effecting the terms of this Agreement.
8.23 WAIVER OF CLAIMS. GRANTEE hereby waives any claim against COUNTY,
and its agents, servants and employees for loss of anticipated profits caused by any suit
or proceedings directly or indirectly attacking the validity of this Agreement or any part
thereof, or by any judgment of award in any suit or proceeding declaring this Agreement
null, void or voidable, delaying the same or any part thereof, from being carried out.
8.24 CUMULATIVE RIGHTS. All rights and remedies of COUNTY hereunder or at
law or in equity are cumulative and shall be in addition to any other rights and remedies
available. The exercise of any right or remedy shall not be taken to exclude or waive
the right to the exercise of any other. Failure by COUNTY to promptly exercise any of
its rights shall not operate to forfeit or be treated as a waiver of any such rights.
8.25 SPECIFIC PERFORMANCE. GRANTEE agrees that in addition to all other
remedies, its obligations contained herein shall be subject to the remedy of specific
performance by appropriate action commenced in a court of proper jurisdiction.
8.26 EXECUTION AUTHORITY. The individuals executing this Agreement on behalf
of GRANTEE personally warrant that they have full authority to execute this Agreement
on behalf of GRANTEE for whom they are acting herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-11-
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 Mayor or Vice Mayor, authorized
to execute same, and CITY OF TAMARAC, signing by and through its Mayor, duly
authorized to execute same.
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
Approved as to Insurance
Requirements:
By:
Risk Management Division
JEN/
01 /18/12
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
M
day of
Mayor
, 20
Approved as to form by
Office of County Attorney
Broward County, Florida
Joni Armstrong Coffey, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Assistant County Attorney
-12-
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
AMOUNT OF UP TO $57,613.00 PROVIDING FOR DISBURSAL
THE BROWARD COUNTY TREE PRESERVATION TRUST FUND
Attest:
GRANTEE
City Clerk TAMago
�. LISH�D
_ _
as . 1963 : _ —
® •'•. SEAL ,: O
-13-
CITY OF TAMARAC
lz
IN
day of
May
TAMARAC IN THE
OF FUNDS FROM
issioner
20J3
City Manager
/"� day of IFAXMArci , 20 �3
APPROVED AS TO FORM:
y
City Attorney
EXHIBIT "A"
PROJECT
-14-
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* Install 25 yards of mulch where noted
TOTAL FOR THIS PROPOSAL
1,125.00
$ 57,9613.00
We appreciate the opportunity to bid your work. In the event any litigation arises out of this agreement, the
prevailing party will be entitled to attorneys fees plus and cost associated with. If you have any further
questions, please do not hesitate to contact me.
ACCEPTED BY: (Print name)
SIGNATURE /TITLE:
.mow■
DATE:
PRESTIGE PROPERTY MAINTENANCE, INC.
Sincerely,
Robert Vornbrock
Landscape Supervisor
RV/lb
W:\WP51\MAINT\Tajnarac\2011-2013\TAM 70 AVE CAPPARK LAND RIPRO
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