HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-084Temp. Reso. # 12061
July 28, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011�_
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 $22,465.00; 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 with the City of Tamarac; and
WHEREAS, the City of Tamarac Public Works Department proposes the installation
of trees located at the Spots Complex; 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 $22,465.00 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 $22,465.00 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. # 12061
July 28, 2011
Page 2
County Tree Preservation Trust Fund Grant in an amount not to exceed $22,465.00 for
installation of trees at the Sports Complex.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 2: The Broward County Tree Preservation Trust Fund grant in an
amount not to exceed $22,465.00 is HEREBY accepted.
SECTION 3: 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 of the grant from the Broward County Tree
Preservation Trust Committee.
SECTION 4: An appropriation for the receipt and expenditure for this grant
and any matching funds will be included in a budget amendment prior to November 30,
2011 pursuant to F.S. 166.241(2).
SECTIONS: 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
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Temp. Reso. # 12061
July 28, 2011
Page 3
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION is This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this �day of ,2011.
I:,,11Ir=M
PETER M. J. RICHtDSON, CRM, CIVIC
CITY CLERK. \�%% "ii�rrrrri
OF TAMg9����:
qo �ESTABLISHEW
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SEAL q� �• 'O
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
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SAMU S. G E
CITY TTORNEY
oma ft- -,�L, (
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL ,?�
DIST 1: COMM. SWENS
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
BN46,;WARD
COUNTY
Environmental Protection and Growth Management Department
DEVELOPMENT AND ENVIRONMENTAL REGULATION DIVISION
1 North University Drive, Suite 102-A - Plantation, Florida 33324.954-357-6666 a FAX 954-357-6521-954-519-1412
June 28, 2011
Mr. John Engwiller
City of Tamarac
6011 Nab Hill Road
Tamarac, Florida 33321
Re: Tree Preservation Trust Fund
Fund Disbursal Agreement
Dear Mr. Engwiller:
Attached are three copies of an agreement for the disbursal of funds from the Tree
Preservation Trust Fund for the Tamarac Sports Complex tree planting project that was
approved recently. Please have the agreements executed and return them to my attention.
The agreements will then be placed on a County Commission meeting agenda to be
executed.
If you have any questions concerning this matter my direct line is 954-519-1224.
Sin�ely,
Peter Burke
Program Manager
Tree Preservation
attachment
Broward County Board of County Commissioners
Sue Gunzburger - Dale V.G. Holness - Kristin D, Jacobs - Chip LsMarce - Ilene Lieberman - Stacy Ritter - John E. Rodstrom, Jr. • Barbara Sharief - Lois Wexler
www.broward,org
,AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
IN AN AMOUNT UP TO $22,465.00
PROVIDING FOR DISBURSEMENT FROM THE
BROWARD COUNTY TREE PRESERVATION TRUST FUND
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
IN AN AMOUNT UP TO $22,465.00
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,
AND
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 Tamarac Sports Complex; 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 Twenty Two Thousand Four Hundred Sixty Five and 00/100 Dollars
($22,465.00); 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 Twenty Two Thousand Four Hundred Sixty Five and 00/100
Dollars ($22,465.00). 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 GRANTEEs 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, pursuant to the audit, to be
payable. 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.
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3.4 Within one hundred eighty (180) days after the close of the fiscal year of the
governmental entity, GRANTEE shall file with COUNTY an annual financial statement
prepared by its Chief Financial Officer or internal auditor which accounts for funds
received under this Agreement. The schedule of revenues and expenditures shall
include (a) all revenues relating to the Project classified by the source of the revenues;
and (b) all expenditures relating to the Project classified by the type of expenditures.
The annual financial report shall cover the entire operations of the local government or,
at the option of that government, may cover only the department or agency that
received, expended or otherwise administered the Tree Preservation Trust Funds. All
Tree Preservation Trust Funds from COUNTY should be shown via explicit disclosure in
the annual financial statements or the accompanying notes to the financial statements.
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 is a municipal corporation existing under the laws of the State of
Florida, and agrees to be fully responsible for acts and omissions of its agents or
employees 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.
4.2 The parties hereto acknowledge that each is a self -insured governmental entity
subject to the limitations of Section 768.28, Florida Statutes. Both parties shall maintain
a fiscally sound and prudent risk management program with regard to their obligations
under this Agreement in accordance with the provisions of Section 768.28, Florida
Statutes. Each partys Workerg Compensation and Employers Liability program is in
compliance with Chapter 440 of the Florida Statutes. Each party is fully self -insured and
self administered for Auto, General Liability and Workers' Compensations coverage.
Nothing herein is intended to serve as a waiver of each partys sovereign immunity.
Each will provide each other written verification of liability protection in accordance with
state law prior to final execution of this Agreement upon request.
ARTICLE 5 - TERM OF AGREEMENT
Unless extended pursuant to Section 1.2, this Agreement shall be deemed to
commence on the date it is executed by COUNTY and shall end eighteen (18) months
from the commencement date.
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
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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 documented committed eligible
costs. The County Administrator is authorized to terminate this Agreement on behalf of
the COUNTY pursuant to this Section upon his or her 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
&Z
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. 881h 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
Agreement shall be made without regard to or consideration of race, age, religion, color,
gender, sexual orientation (Broward County Code, Chapter 16%), 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 16%) 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,
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
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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 by a court of competent jurisdiction to be invalid, the remaining provisions shall
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
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 (35) 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 crimd' and that it has not been
formally charged with committing an act defined as a "public entity crimd' 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
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 `Wherea§'
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
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
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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.
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-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
tk qXecute same, and CITY OF TAMARAC, signing by and through its
V y4 lZ. , duly authorized to execute same.
ATTEST:
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of BrowardFVorida
Q M 13 �'��i
0111
Z : CREATED
:A OT1,st 2.0
3.915
w � �
Approved as to Insurance
Requirements:
By:
R s ana ement Division
Rieh Menepernerrt Oivieipn
Pon Alexander, SK NI
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
In
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
TelecopjQr: (954) 357-6968
By
_� [0 X q �3)ii --h'
sistant County Attomey a A o t
`ohill E. NacWo III
spa
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
AMOUNT OF UP TO $22,465.00 PROVIDING FOR DISBURSAL
THE BROWARD COUNTY TREE PRESERVATION TRUST FUND
Attest:
City C erk
TAM...
ai � ESYAB41SHED �, o
196
.4 SEAL ' O
•v
GRANTEE
0
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CITY OF TAMARAC
TAMARAC IN THE
OF FUNDS FROM
Bye L g(
Mayor -Commissioner
V�� day of , 20 (. 1
City Manager
day of�SCUO , 20M
APPROVED AS TO FORM:
By
City bhorney
EXHIBIT "A"
PROJECT
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CITY OF TAMARAC June 15, 2011
6011 Nab Hill Road
Tamara:, Florida 33321-2401
(954)724-2405 0 Fax (954)597-3720
ATTN: L. BYRD
RE: LANDSCAPING - TAMARAC: SPURT'S COMPLEX
As per our conversation regarding a landscaping proposal for the CITY OF TAMARAC, we are submitting
the following for your consideration;
TAMARAC SPORTS COMPLEX (NOR HILL RD & 77 ST E
Instn1126 live oak trees (13' - 14'; Y-6' spr.; 3" cal.) S 7,150.00
Install 33 veitchia montgomery palms (12'ct) 91075,00
Install 33 sabal palms (12'ct) . 6,240.00
TOTAL FOR THIS PROPOSAL S 22,465.00*
* Note: Price includes watering for 45 days and a 6 month wan:anty.
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:
SIGNATURE ITIT LE:
I
PRESTIGE PROPERTY MAINTENANCE, LVC.
Sincerely, G
67
Robert Vornbroc:k
Landscape Supervisor
RV/lb
(Print name)
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