HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-156Temp. Reso. #11715
October 29, 2009
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- IJ &
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
TAMARAC AND BROWARD COUNTY TO PROVIDE COST
SHARE SUPPORT OF A NATURESCAPE IRRIGATION
SERVICE TO BE OPERATED BY BROWARD COUNTY
WITH THE CITY OF TAMARAC WATER UTILITY SERVICE
AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED
AS PART OF LANDSCAPE AND IRRIGATION SYSTEM
EVALUATIONS TO BE PERFORMED BY BROWARD
COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT;
PROVIDING FOR THE CITY'S COST SHARE SUPPORT OF
THE NATURESCAPE IRRIGATION SERVICE; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a high quality and adequate water supply is key to the current and
continued support of urban and natural systems in the City of Tamarac; and
WHEREAS, The Broward County Integrated Water Resource Plan seeks to
optimize the beneficial uses of local water resources by creating more water and
making our water resources go further; and
WHEREAS, local municipalities and water utilities helped to develop the
Integrated Water Resource Plan through representation on the Water Advisory Board to
the Broward County Board of Commissioners and its Technical Advisory Committee;
and
WHEREAS, the conservation water quality and quantity is a principle objective of
the Integrated Water Resource Plan and is demonstrated to be one of the most cost-
Temp. Reso. #11715
October 29, 2009
Page 2 of 4
effective and immediate means of producing water for meeting future water supply
needs; and
WHEREAS, successful implementation of the Integrated Water Resource Plan
as a strategy for protecting the quality and quantity of local water resources is
dependent upon community -wide participation; and
WHEREAS, Mobile Irrigation Labs (MILs) are identified by the State of Florida
and the South Florida Water Management District as a preferred water conservation
strategy offering measurable results; and
WHEREAS, in 2005, Broward County collaborated with municipal and water
utility partners in the launching of a NatureScape Irrigation Service, a local variation of
an MIL designed to provide users with a detailed site evaluation and recommendations
for producing water savings and water quality improvements through modifications in
landscape and irrigation system design, maintenance, operation; and
WHEREAS, since its inception, the NatureScape Irrigation Service has helped
the City of Tamarac to achieve more than 17 million gallons in annual water savings;
and
WHEREAS, the parties desire to enter into a new agreement to provide for an
additional five-year term to support water conservation goals using the NatureScape
Irrigation Service to conduct specific technical activities required as a part of landscape
and irrigation system evaluations to be performed by the Broward County
Environmental Protection Department; and
WHEREAS, funds are available for the FY10 cost of $4,227 in the appropriate
Utilities Operating account; and
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Temp. Reso. #11715
October 29, 2009
Page 3 of 4
WHEREAS, the Director of Utilities recommends approval of the Interlocal
Agreement with Broward County; 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 approve a 5-
year extension to and to execute the Interlocal Agreement between the City of Tamarac
and Broward County to provide cost share support of a NatureScape Irrigation Service
to be operated by Broward County within the City of Tamarac water utility service areas
and authorize Broward County to conduct specific technical activities required as part of
landscape and irrigation system evaluations to be performed by the Broward County
Environmental Protection Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made of a specific part of this
resolution. The exhibit attached hereto is incorporated herein and made a specific part
of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized_ to execute an -
Interlocal Agreement with Broward County to provide cost share support of a
NatureScape Irrigation Service to be operated by Broward County within the City of
Tamarac water utility service areas and authorize Broward County to conduct specific
technical activities required as part of landscape and irrigation system evaluations to be
performed by the Broward County Environmental Protection Department ("Exhibit 1 ").
SECTION 3: The said cost share support will result in expenditure in the amount
of $2,000 base participation plus a per capita cost allocation based on the 2007 Census
Temp. Reso. #11715
October 29, 2009
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population data, See the NIS Proposed Cost Distribution schedule attached hereto as
EXHIBIT "A" of the Interlocal Agreement Exhibit "1".
SECTION 4: That the agreement shown in Exhibit "1" includes terms for
termination of the contract by either party.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: 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 park or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this a7 day of� , 2009.
BETH FLANSBAUM- ALABISCO
MAYOR
ATTEST: l
MARION SWENSON, CMC
CITY -CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to,form.
k S �L49N
RENIT AEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM GLASSER
DIST 4: COMM DRESSLER
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"EXHIBIT 1"
TR #11715
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF COCONUT CREEK, CITY OF COOPER CITY, CITY OF CORAL SPRINGS,
CITY OF DANIA BEACH, TOWN OF DAVIE, CITY OF DEERFIELD BEACH, CITY OF
FORT LAUDERDALE, CITY OF HALLANDALE BEACH, CITY OF HOLLYWOOD, CITY
OF LAUDERDALE LAKES, CITY OF LAUDERHILL, CITY OF MIRAMAR, CITY OF
OAKLAND PARK, CITY OF PEMBROKE PINES, CITY OF PLANTATION, CITY OF
POMPANO BEACH, CITY OF SUNRISE, CITY OF TAMARAC, CORAL SPRINGS
IMPROVEMENT DISTRICT and NORTH SPRINGS IMPROVEMENT DISTRICT
to
PROVIDE COST SHARE SUPPORT OF A NATURESCAPE IRRIGATION SERVICE
TO BE OPERATED BY BROWARD COUNTY WITHIN THE WATER UTILITY
SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO CONDUCT SPECIFIC
TECHNICAL ACTIVITIES REQUIRED AS PART OF LANDSCAPE AND IRRIGATION
SYSTEM EVALUATIONS TO BE PERFORMED BY THE BROWARD COUNTY
ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF COCONUT CREEK, CITY OF COOPER CITY, CITY OF CORAL SPRINGS,
CITY OF DANIA BEACH, TOWN OF DAVIE, CITY OF DEERFIELD BEACH, CITY OF
FORT LAUDERDALE, CITY OF HALLANDALE BEACH, CITY OF HOLLYWOOD, CITY
OF LAUDERDALE LAKES, CITY OF LAUDERHILL, CITY OF MIRAMAR, CITY OF
OAKLAND PARK, CITY OF PEMBROKE PINES, CITY OF PLANTATION, CITY OF
POMPANO BEACH, CITY OF SUNRISE, CITY OF TAMARAC, CORAL SPRINGS
IMPROVEMENT DISTRICT and NORTH SPRINGS IMPROVEMENT DISTRICT
to
TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE IRRIGATION
SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE WATER
UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO CONDUCT
SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF LANDSCAPE AND
IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY THE BROWARD
COUNTY ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT
DEPARTMENT
This is an Interlocal Agreement, made and entered into by and between
BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY,"
AND
CITY OF COCONUT CREEK, CITY OF COOPER CITY, CITY OF CORAL
SPRINGS, CITY OF DANIA BEACH, TOWN OF DAVIE, CITY OF DEERFIELD
BEACH, CITY OF FORT LAUDERDALE, CITY OF HALLANDALE BEACH, CITY OF
HOLLYWOOD, CITY OF LAUDERDALE LAKES, CITY OF LAUDERHILL, CITY OF
MIRAMAR, CITY OF OAKLAND PARK, CITY OF PEMBROKE PINES, CITY OF
PLANTATION, CITY OF POMPANO BEACH, CITY OF SUNRISE, and CITY OF
TAMARAC, municipal corporations existing under the laws of the State of Florida,
CORAL SPRINGS IMPROVEMENT DISTRICT and NORTH SPRINGS
IMPROVEMENT DISTRICT, independent political subdivisions of the State of Florida,
hereinafter referred to as "SECOND PARTIES."
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes (2009), also known as the "Florida Interlocal Cooperation Act of 1969", and
other Florida law; and
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WHEREAS, a high quality and adequate water supply is key to the current and
continued support of urban and natural systems in Broward County; and
WHEREAS, consumptive use water demands county -wide are projected to
increase by as much as 50 million gallons per day by the year 2025 based on current
rates of consumption and anticipated population growth; and
WHEREAS, local water providers are facing immediate decisions related to
planning for future water supply needs for human and natural systems; and
WHEREAS, the county -wide Integrated Water Resource Plan seeks to optimize
the beneficial uses of local water resources by creating more water and making our
water resources go further; and
WHEREAS, local municipalities and water utilities helped to develop the
Integrated Water Resource Plan through representation on the Water Advisory Board to
the Broward County Board of County Commissioners and its Technical Advisory
Committee; and
WHEREAS, the conservation of water quality and quantity is a principle objective
of the Integrated Water Resource Plan and is demonstrated to be one of the most
cost-effective and immediate means of producing water for meeting future water supply
needs; and
WHEREAS, successful implementation of the Integrated Water Resource Plan
as a strategy for protecting the quality and quantity of local water resources is
dependent upon community -wide participation; and
WHEREAS, it is estimated that up to fifty percent of total water consumption in
Broward County is due to outdoor irrigation, and landscape runoff associated with
over -irrigation and poorly maintained irrigation systems has been identified as one of
the primary sources of surface water pollution; and
WHEREAS, Mobile Irrigation Labs (MILs) are identified by the State of Florida
and the South Florida Water Management District as a preferred water conservation
strategy offering measureable results; and
WHEREAS, in 2005, Broward County collaborated with municipal and water
utility partners in the launching of a NatureScape Irrigation Service, a local variation of
an MIL designed to provide users with a detailed site evaluation and recommendations
for producing water savings and water quality improvements through modifications in
landscape and irrigation system design, maintenance, operation; and
WHEREAS, since its inception, the NatureScape Irrigation Service has helped
local partners to achieve more than 400 million gallons in annual water savings; and
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WHEREAS, the parties desire to enter into a new agreement to provide for an
additional five-year term to support water conservation goals, further water conservation
strategies in support of consumptive use permit requirements, and achieve water quality
improvements as part of the United States Environmental Protection Agency's National
Pollutant Discharge Elimination System permitting program; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the COUNTY and the SECOND PARTIES agree as
follows..
ARTIrl F 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - This document, Articles 1 through 10, inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Natural Resources Planning and Management Division, or the
designee of such County Administrator or Director. The primary responsibilities
of the Contract Administrator are to coordinate and communicate with SECOND
PARTIES and to manage and supervise execution and completion of the Scope
of Services and 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 Services.
1.4 COUNTY - The Board as defined in Section 1.2 unless expressly provided
otherwise.
1.5 County Attorney - 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 Project - The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
2.1 The COUNTY shall perform all work identified in this Agreement, which
includes the following specific program requirements:
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NatureScape Irrigation Service Evaluations
a. Ensure that evaluations are performed in a manner that is consistent with
established protocols.
b. Perform NatureScape Irrigation Service evaluations on properties located
within the water service area supported by each of the SECOND
PARTIES.
C. On an annual basis, conduct an initial evaluation on at least three sites
that are to be selected at the discretion of each of the SECOND PARTIES.
The NatureScape Irrigation Service evaluation will be performed by a
Broward County staff person with training in irrigation system design and
operation, expertise in landscape best management practices, and with
permission and participation of the property manager/owner. The initial
evaluation will serve to assess current rates of water consumption as a
function of existing landscape design and maintenance, and based on the
existing irrigation system condition and standard operation. Fallowing the
initial evaluation, the NatureScape Irrigation Service will provide the
property owner/manager with specific recommendations for reducing total
irrigation demands and increasing irrigation system efficiency through
appropriate modifications in the landscape design, and irrigation system
maintenance and operation. The results of the evaluation will be
summarized in a site report to be distributed to the property
owner/manager, presented in quarterly and annual program reports, and
will include: a description of the irrigation system and site; list of
recommended improvements; summary of current water consumption,
potential water savings, and water savings realized as a result of the initial
evaluation.
d. No more than three months following the initial evaluation, conduct a
follow-up evaluation of the three sites selected by each of the SECOND
PARTIES. The follow-up evaluation will consist of an assessment of the
degree to which the site -specific recommendations have been
implemented and quantification of the water savings achieved as a result
of the recommended improvements. The results of the follow-up
evaluation will be presented to the property manager/owner and presented
in quarterly and annual program reports.
e. Identify and coordinate property managers/owners interested in pursuing
NatureScape Certification as part of the NatureScape Irrigation Service
evaluation. The County will provide property managers with expert
assistance in developing a Florida Friendly landscape in order to meet the
NatureScape Broward certification criteria. Properties certified as
NatureScape properties as a result of the NatureScape Irrigation Service
evaluation will be provided with unique signage to reflect this achievement
and will be identified in the quarterly and annual program reports.
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f. Conduct additional NatureScape Irrigation Service site evaluations within
each service area in accordance with the schedule presented in EXHIBIT
"A." The number of additional NatureScape Irrigation Service evaluations
to be performed will reflect each of the SECOND PARTIES' relative
contributions to the total operational budget. These additional
NatureScape Irrigation Service evaluation sites may be selected at the
discretion of the COUNTY and may be identified based on the
participation of property owners/managers in the Broward "Know the Flow"
course. Each of the SECOND PARTIES will be notified in advance of
additional evaluations to be conducted within their respective service
areas. Evaluations will be conducted in accordance with the protocol
detailed above in sections 2.1.a, 2.1.c, and 2.1.e.
g. Prepare a five-year summary of the program accomplishments, including:
1) total number and location of properties evaluated; 2) analysis of
potential versus actual water savings achieved as a result of the program;
3) discussion of realized improvements in landscape practices with
consideration of water quality implications; 4) identification of NatureScape
properties certified as a result of the NatureScape Irrigation Service, and;
5) assessment of the overall performance of the NatureScape Irrigation
Service.
ARTICLE 3
SECOND PARTIES' RESPONSIBILITIES
3.1 The SECOND PARTIES agree to provide the COUNTY with a list of three (3)
identified properties to be targeted for the NatureScape Irrigation Service, or
coordinate with the COUNTY to identify appropriate properties, upon final
execution of the agreement in 2009, and annually thereafter for a period of five
(5) years.
3.2 The annual lists of properties shall be submitted to the Natural Resources
Planning and Management Division of the Broward County Environmental
Protection Department by December 6th of each contract year, to enable the
COUNTY to conduct the specified number of annual evaluations and prepare
quarterly and annual reports in a timely manner.
ARTICLE 4
FINANCIAL CONTRIBUTION
4.1 COUNTY agrees to perform the services set forth in Article 2, SCOPE OF
SERVICES, at a cost to each of the SECOND PARTIES of $2,000.00 base
participation plus a per capita cost allocation based on the 2007 census
population data and as shown in EXHIBIT "A." The fees for 2010, 2011, 2012,
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2013, and 2014 shall be payable upon invoice and in accordance with the
schedule shown in EXHIBIT "A" for the work actually performed. Additional
evaluations and services can be added at a unit cost of $573 for each
additional site evaluation with follow-up visit, or $382 for each additional site
evaluation without follow-up. Payment shall be made to COUNTY at:
Broward County Board of County Commissioners
Jim Steinmuller, Accounting Division Administrator
Governmental Center, Room 220
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
ARTICLE 5
TERM AND TIME OF AGREEMENT
5.1 This Agreement shall become effective upon execution by COUNTY and
SECOND PARTIES and shall continue in full force and effect for five (5) years
from the final party's execution of the Agreement; provided, however, if the term
of this Agreement extends beyond a single fiscal year, the continuation of this
Agreement beyond the end of any fiscal year shall be subject to the appropriation
and availability of funds in accordance with Chapter 129, Florida Statutes (2009).
5.2 All duties, obligations, and responsibilities of SECOND PARTIES required by this
Agreement shall remain in full force and effect through the termination date or
any extended termination date, as set forth above, unless written notice of
termination by the COUNTY or any of the SECOND PARTIES is provided
pursuant to Article 9, Notices. Time shall be deemed to be of the essence in
performing the duties, obligations and responsibilities required by this
Agreement.
ARTICLE 6
TERMINATION
6.1 This Agreement may be terminated for cause by the aggrieved party if the party
in breach has not corrected the breach within ten (10) days after written notice
from the aggrieved party identifying the breach, or for convenience by action of
the Board upon not less than thirty (30) days' written notice. This Agreement
may also be terminated by Contract Administrator upon such notice, as Contract
Administrator deems appropriate under the circumstances in the event Contract
Administrator determines that termination is necessary to protect the public
health or safety. An erroneous termination for cause shall be considered a
termination for convenience.
A
6.2 Termination of this Agreement for cause by any of the SECOND PARTIES shall
include, but not be limited to, negligent, intentional, or repeated submission for
payment of false or incorrect bills or invoices, failure to suitably perform the work,
failure to continuously perform the work in a manner calculated to meet or
accomplish the objectives as set forth in this Agreement, or multiple breach of
this Agreement which has a material adverse effect on the efficient administration
of the Project notwithstanding whether any such breach was previously waived or
cured.
6.3 Notice of termination shall be provided in accordance with the "NOTICES"
section of this Agreement except that notice of termination by Contract
Administrator which Contract 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 the "NOTICES" section of this
Agreement.
6.4 In the event this Agreement is terminated for convenience, COUNTY shall be
paid for any services properly performed to the date the Agreement is
terminated; however, upon being notified of a SECOND PARTY'S election to
terminate, COUNTY shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. COUNTY acknowledges
and agrees that ten dollars ($10.00) of the compensation to be paid by A
SECOND PARTY, the receipt and adequacy of which is hereby acknowledged by
COUNTY, is given as specific consideration to COUNTY for SECOND PARTY'S
right to terminate this Agreement for convenience.
ARTICLE 7
ACCESS TO RECORDS AND OWNERSHIP OF DOCUMENTS
7.1 This Agreement may be unilaterally canceled by the parties for refusal by a party
to allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
parties in conjunction with this Agreement.
7.2 Any and all reports, photographs, surveys, and other data and documents
provided or created in connection with this Agreement are and shall remain the
property of COUNTY. In the event of termination of this Agreement, any reports,
photographs, surveys, and other data and documents prepared by SECOND
PARTIES, whether finished or unfinished, shall be delivered by SECOND
PARTIES to the Contract Administrator within seven (7) days of termination of
this Agreement by either party.
VI
7.3 Neither SECOND PARTIES 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 right or claim against either of them based upon this
Agreement.
ARTICLE 8
GOVERNMENTAL IMMUNITY AND INSURANCE
8.1 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.
COUNTY AND SECOND PARTIES, to the extent that they are state agencies or
political subdivisions as defined in Chapter 768.28, Florida Statutes, agrees to be
fully responsible for the acts and omissions of its agents or employees to the
extent permitted by law.
8.2 SECOND PARTIES are entities subject to Section 768,28, Florida Statutes, and
SECOND PARTIES shall furnish Contract Administrator with written verification
of liability protection in accordance with state law prior to final execution of said
Agreement.
ARTIr l F A
NOTICES
9.1 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:
COUNTY:
Environmental Protection and Growth Management Department
Director, Broward County Natural Resources Planning and Management Division
Government Center West,
1 North University Drive, Suite 301
Plantation, Florida 33324
E�'
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
SECOND PARTIES:
Mayor, City of Coconut Creek
4800 West Copans Road
Post Office Box 63-4007
Coconut Creek, Florida 33063
Mayor, City of Cooper City
9090 Southwest 50 Place
Cooper City, Florida 33328
Mayor, City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
Mayor, City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Mayor, Town of Davie
6591 Southwest 45 Street
Davie, Florida 33314
Mayor, City of Deerfield Beach
150 Northeast Second Avenue
Deerfield Beach, Florida 33441
Mayor, City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, Florida 33301
Mayor, City of Hallandale Beach
400 South Federal Highway
Hallandale Beach, Florida 33009
Mayor, City of Hollywood
2600 Hollywood Boulevard
Hollywood, Florida 33020
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Mayor, City of Lauderdale Lakes
4300 NW 36 Street
Lauderdale Lakes, Florida 33319
Mayor, City of Lauderhill
3800 Inverrary Blvd., #301
Lauderhill, Florida 33319
Mayor, City of Miramar
6700 Miramar Parkway
Miramar, Florida 33023
Mayor, City of Oakland Park
3650 Northeast 12 Avenue
Oakland Park, Florida 33334
Mayor, City of Pembroke Pines
10100 Pines Boulevard
Pembroke Pines, Florida 33025
Mayor, City of Plantation
400 Northwest 73 Avenue
Plantation, Florida 33317
Mayor, City of Pompano Beach
100 West Atlantic Boulevard
P. O. Drawer 1300
Pompano Beach, Florida 33061
Mayor, City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33351
Mayor, City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321
District Manager
Coral Springs Improvement District
10300 NW 11 Manor
Coral Springs, Florida 33071
District Manager
North Springs Improvement District
10300 NW 11 Manor
Coral Springs, Florida 33071
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ARTICLE 10
MISCELLANEOUS
10.1 ASSIGNMENT: COUNTY shall perform the said services provided for in this
Agreement exclusively and solely for the SECOND PARTIES which are parties to
this Agreement. SECOND PARTIES shall not have the right to assign this
Agreement.
10.2 MATERIALITY AND WAIVER OF BREACH: COUNTY and SECOND PARTIES
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.
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.
10.3 COMPLIANCE WITH LAWS: SECOND PARTIES shall comply with all federal,
state, and local laws, codes, ordinances, rules, and regulations in performing its
duties, responsibilities, and obligations pursuant to this Agreement.
10.4 SEVERANCE: 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 SECOND PARTIES elect 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.
10.5 JOINT PREPARATION: The parties acknowledge that they have sought and
received whatever competent advice and counsel necessary for them to form a
full and complete understanding of all rights and obligations herein and 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.
10.6 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
Articles 1 through 10 of this Agreement, the term, statement, requirement, or
provision contained in Articles 1 through 10 shall prevail and be given effect.
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10.7 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. 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 in the state courts of the Seventeenth Judicial Circuit in
Broward County, Florida, and venue for litigation arising out of this Agreement
shall be in such state courts. By entering into this Agreement, SECOND
PARTIES and COUNTY hereby expressly waive any rights either party may have
to a trial by jury of any civil litigation related to this Agreement.
10.8 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 the Board and SECOND PARTIES. Further, SECOND PARTIES
acknowledge and agree that the Contract Administrator has no authority to make
changes that would increase, decrease, or otherwise modify the Scope of
Services to be provided under this Agreement
10.9 PRIOR AGREEMENTS: This document represents the final and complete
understanding of the parties and incorporates or supersedes all prior
negotiations, correspondence, conversations, agreements, and understandings
applicable to the matters contained herein. The parties agree that there is no
commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon
any prior representation or agreement, whether oral or written.
10.10 INCORPORATION BY REFERENCE: The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties. The attached
Exhibit "A" is incorporated into and made a part of this Agreement.
10.11 REPRESENTATION OF AUTHORITY: Each individual executing this
Agreement on behalf of a party hereto does hereby represent and warrant 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.
10.12 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 PAGE INTENTIONALLY LEFT BLANK
IN
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice -Mayor, authorized to
execute same by Board action on the day of
SECOND PARTIES, signing by and through its
authorized to execute same.
COUNTY
ATTEST:
Broward County Administrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
Insurance requirements
Approved by Broward County
Risk Management Division
(Date)
13
20—, and
, duly
BROWARD COUNTY, through its
Board of County Commissioners
By
Mayor
day of , 20
Approved as to form by
Office of the County Attorney
Broward County, Florida
Jeffrey Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By
Michael C. Owens (date)
Senior Assistant County Attorney
Date
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF COCONUT CREEK
Mayor -Commissioner
day of 120
Manager
day of 120
APPROVED AS TO FORM:
14
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF COOPER CITY
Ac
:A
Mayor -Commissioner
day of 120
Manager
day of
APPROVED AS TO FORM:
15
City Attorney
.20
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF CORAL SPRINGS
Mayor -Commissioner
day of , 20
Manager
day of , 20
APPROVED AS TO FORM:
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF DANIA BEACH
Mayor -Commissioner
day of , 20
Manager
day of
APPROVED AS TO FORM:
lirl
City Attorney
WAS.
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
TOWN OF DAVIE
Mayor -Commissioner
—day of
By
Manager
W401
day of_ 20
APPROVED AS TO FORM:
iE:
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF DEERFIELD BEACH
0
Mayor -Commissioner
day of , 20
Manager
day of 20
APPROVED AS TO FORM:
19
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF FORT LAUDERDALE
Mayor -Commissioner
day of , 20
Manager
day of
APPROVED AS TO FORM:
all
City Attorney
,20
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL. ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF HALLANDALE BEACH
LO-/
Mayor -Commissioner
—day of
By
Manager
,20
day of , 20,
APPROVED AS TO FORM:
21
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF HOLLYWOOD
Mayor -Commissioner
day of , 20
Manager
day of , 20
APPROVED AS TO FORM:
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF LAUDERDALE LAKES
a
Mayor -Commissioner
day of
By
Manager
day of_
Will
APPROVED AS TO FORM:
23
City Attorney
1W
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF LAUDERHILL
:A
Mayor -Commissioner
day of
By
Manager
w1lel
day of , 20
APPROVED AS TO FORM:
24
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF MIRAMAR
M
Mayor -Commissioner
day of , 20
By
Manager
day of 120
APPROVED AS TO FORM:
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF OAKLAND PARK
Srl
Mayor -Commissioner
day of
By
Manager
.20
day of 120
APPROVED AS TO FORM:
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT. OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Uffi m;
Clerk
CITY OF PEMBROKE PINES
In
:n
Mayor -Commissioner
day of , 20
Manager
day of
APPROVED AS TO FORM:
NFA
City Attorney
,20
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF PLANTATION
Mayor -Commissioner
—day of
By
Manager
.20
day of , 20
APPROVED AS TO FORM:
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF POMPANO BEACH
LOM
Mayor -Commissioner
day of , 20
Manager
day of , 20
APPROVED AS TO FORM:
29
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CITY OF SUNRISE
Mayor -Commissioner
day of
By
Manager
W-111
day of 20
APPROVED AS TO FORM:
30
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk`
CITY OF TAMARAC
By
Mayor -Commissioner
v&"day of , 2001,
ABy p1 _ %�T c.�4r•Y
Maki ge
day of / �'� 20'
APPR V D TO FORM:
i ttorney
31
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
CORAL SPRINGS IMPROVEMENT DISTRICT
-39
In
Mayor -Commissioner
day of 20
Manager
day of , 20
APPROVED AS TO FORM:
32
City Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND SECOND
PARTIES TO PROVIDE COST SHARE SUPPORT OF A NATURESCAPE
IRRIGATION SERVICE TO BE OPERATED BY BROWARD COUNTY WITHIN THE
WATER UTILITY SERVICE AREAS AND AUTHORIZE BROWARD COUNTY TO
CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED AS PART OF
LANDSCAPE AND IRRIGATION SYSTEM EVALUATIONS TO BE PERFORMED BY
THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH
MANAGEMENT DEPARTMENT
Attest:
Clerk
NORTH SPRINGS IMPROVEMENT DISTRICT
LIM
Mayor -Commissioner
day of 120
Manager
day of W , 20
APPROVED AS TO FORM:
33
City Attorney
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