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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-041Temp. Reso. 11355 Page 1 of 3 February 7, 2008 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- 41 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 FOR TRAFFICWAY BEAUTIFICATION FOR BAILEY ROAD FROM NORTHWEST 64T" AVENUE TO NORTHWEST 46T" AVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County is in the process of developing beautification improvements to the trafficway on Bailey Road from Northwest 64th Avenue to State Road 7; and WHEREAS, Bailey Road is a public trafficway, a portion of which from Northwest 64th Avenue to Northwest 46th Avenue is located within the municipal boundaries of the City of Tamarac; and classified as a County Road; and WHEREAS, Broward County must have an Interlocal Beautification Agreement with the affected municipalities in place in order to obtain necessary permits and proceed with construction; and WHEREAS, Broward County proposes that the City of Tamarac assume the maintenance responsibility for the improvements that fall within the city limits of Tamarac following the completion of the project; and WHEREAS, the proposed improvements have been reviewed by city staff and found to be acceptable and consistent with city right-of-way beautification standards; and Temp. Reso. 11355 Page 2 of 3 February 7, 2008 WHEREAS, the Agreement provides that Broward County will complete the design and construction of the trafficway if the affected municipalities agree to the maintenance of the proposed improvements; and WHEREAS, the City of Tamarac and Broward County have agreed to all terms and conditions of the agreement for trafficway beautification for Bailey Road from Northwest 64th Avenue to State Road 7 attached hereto as Exhibit 1; and WHEREAS, the City of Tamarac has routinely accepted maintenance of landscaping and irrigation in conjunction with Broward County Improvement Projects; and WHEREAS, in consideration of the mutual benefits, the Director of Public Works recommends the City of Tamarac execute the Agreement with Broward County for trafficway beautification for Bailey Road from Northwest 64th Avenue to State Road 7. 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 a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY authorized to execute the Agreement for trafficway beautification for Bailey Road from Northwest 64th Avenue to State Road 7. C 1 Temp. Reso. 11355 Page 3 of 3 February 7, 2008 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day o , 2008. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. *,ff* X" 4/ P/,? e MUEL . GdREN CITY ATT66kiEY 0 '17 ��'7 BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRAIb DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER Temporary Reso. No. 11355 — Exhibit 1 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY BEAUTIFICATION FOR BAILEY ROAD FROM NORTHWEST 64T" AVENUE TO STATE ROAD 7 This is an Agreement made and entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, I_1►101 CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, and organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WHEREAS, Bailey Road is a public trafficway, a portion of which from Northwest 64th Avenue to State Road 7, as described in Exhibit "A" attached hereto and incorporated herein, is located within the municipal boundaries of MUNICIPALITY and classified as a COUNTY road (hereinafter referred to as the "Trafficway"); and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify a portion of the trafficway by installation of landscaping and irrigation; and WHEREAS, MUNICIPALITY has expressed its desire to undertake the maintenance of the beautification system of a portion of the Trafficway on Bailey Road, following installation of landscaping and irrigation; and WHEREAS, Ulyl IPALITY, by motion of its governing body adopted on the day of , 20eL, has approved the beautification of the Trafficway with COONTY, pursuant to the terms of this Agreement, and has authorized the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS, COUNTY, by action of its Board of County Commissioners on the day of , 20 , has approved the beautification of a portion of the Trafficway with MUNICIPALITY and has authorized the appropriate COUNTY officers to execute this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows: ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS 1.1 "Agreement" shall mean this document, Articles 1 through 9, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 "Board" shall mean the Broward County Board of County Commissioners. 1.3 "Contract Administrator" shall mean the Broward County Administrator, the Director of Public Works and Transportation, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with MUNICIPALITY and to manage and supervise execution and completion of the 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 Administrator" shall mean the administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 "County Attorney" shall mean the chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 "Landscape" or "Landscaping" shall mean living plant materials such as grasses, ground cover, shrubs, vines, trees or palms, and nonliving durable materials commonly used in environmental design such as, but not limited to, rocks, pebbles, sand, aesthetic grading or mounding, decorative paving, and irrigation systems. 1.7 "Project" shall mean the beautification of the Trafficway by installation of landscaping and irrigation as set forth in Article 2. ARTICLE 2 - SCOPE OF SERVICES 2.1 COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway Project in the manner set forth in this Agreement. Bailey Road (Tamarac) -2- 2.2 COUNTY shall: 2.2.1 Prepare, or cause to be prepared, plans for the beautification of the Trafficway Project. Such plans shall be reviewed and approved by the Contract Administrator and a representative of MUNICIPALITY; provided, however, that MUNICIPALITY may not unreasonably withhold its approval. 2.2.2 In accordance with the approved beautification plans, landscape the Trafficway Project by installing or causing to be installed, along the Trafficway Project, landscaping and irrigation systems compatible with the landscaping. 2.3. MUNICIPALITY shall maintain all landscaping and irrigation within the Trafficway Project as follows: 2.3.1 In the event that utilities are to be utilized in the beautification of the Project, MUNICIPALITY shall take all necessary steps to properly establish the utility account(s) with the MUNICIPALITY's electrical energy and/or water supplier for the Project beautification systems and shall agree to pay all electrical energy and water charges prior to the initial energizing of the systems and shall continue to pay all such charges relating to the beautification of the Project as such charges arise. 2.3.2 MUNICIPALITY shall properly maintain and fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically mow the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the Project and keep litter removed from the Trafficway Project . Any replacement of vegetation, as required herein, shall be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and shall be of the same size as those existing at the time of replacement. 2.3.3 MUNICIPALITY shall maintain the entire irrigation system and its parts in working order according to the original approved plans. As part of such maintenance responsibility, MUNICIPALITY shall keep in good repair, and replace, defective or worn out irrigation system parts and equipment which system parts and equipment shall include, but not be limited to, pumps, pipes, and sprinkler heads. MUNICIPALITY's responsibility to keep the system in good repair shall include all necessary maintenance, repair and replacement of any type or nature, including, but not limited to, maintenance, repair, and replacement due to normal wear and tear, acts of God, vandalism, and accidents. 2.4 COUNTY and MUNICIPALITY agree and understand that the Trafficway shall Bailey Road (Tamarac) -3- remain classified as a county road, and that the beautification systems shall not be moved or relocated without the express written consent of the Contract Administrator, and that this Agreement shall not affect County's responsibility for installation and maintenance of traffic control signals and devices along the Trafficway. ARTICLE 3 - COSTS 3.1 COUNTY shall be responsible for all costs associated with the design and installation of the beautification systems. 3.2 MUNICIPALITY shall pay all electrical energy and other utility charges relating to all electrical energy and other utility and maintenance charges relating to the landscaping and irrigation systems used in the Beautification of the Project which is the subject of this Agreement. ARTICLE 4 - TERM AND TERMINATION 4.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall terminate as provided for by Sections 4.2 through 4.6 below. 4.2 This Agreement may be terminated for cause by COUNTY, through action of the Board, upon thirty (30) days' written notice given by COUNTY to MUNICIPALITY setting forth the breach. If MUNICIPALITY corrects the breach within thirty (30) days after written notice of same, to the satisfaction of COUNTY, the Agreement shall remain in full force and effect. If such breach is not corrected and improved within thirty (30) days of receipt of notice of breach, COUNTY may terminate the Agreement. Specifically in the case of MUNICIPALITY's requirement to maintain the beautification systems, COUNTY, at the option of the Contract Administrator, may cause such breach to be corrected and improved and bill MUNICIPALITY for the costs of such correction and improvement or terminate this Agreement. If COUNTY opts to correct and improve the breach and bill MUNICIPALITY for same, MUNICIPALITY shall then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's receipt thereof. 4.3 Termination of this Agreement for cause shall include, but not be limited to, failure of MUNICIPALITY to suitably perform the services required by Article 2 herein, failure of the MUNICIPALITY to maintain the Trafficway's beautification systems pursuant to the terms of this Agreement, or failure of MUNICIPALITY to continuously perform the services required by the terms and conditions of this Agreement in a manner calculated to meet or accomplish the objectives set forth herein, notwithstanding whether any such breach was previously waived or cured. 4.4 This Agreement may be terminated for convenience by COUNTY upon thirty (30) days' written notice given by COUNTY. This Agreement may also be terminated by the County Administrator upon such notice as County Administrator deems appropriate in Bailey Road (Tamarac) -4- the event that the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. 4.5 In the event this Agreement is terminated for convenience, upon being notified of election to terminate, the parties shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right to terminate this Agreement for convenience. 4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES," herein except that notice of termination by County Administrator which County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 6, "NOTICES," herein. ARTICLE 5 - CHANGES IN SCOPE OF SERVICES Any change to the Scope of Services must be accomplished by a written amendment executed by the parties in accordance with Section 9.11 below. ARTICLE 6 - NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Director, Highway Construction and Engineering Division One North University Drive, Suite 300B Plantation, Florida 33301 FOR MUNICIPALITY: Director of Public Works City of Tamarac 6011 Nob Hill Road Tamarac, Florida 33321 ARTICLE 7 - INDEMNIFICATION 7.1 MUNICIPALITY is a state agency or political subdivision as defined in Section 768.28, Florida Statutes (2006), as may be amended, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Bailey Road (Tamarac) -5- 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. 7.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, addressed hereinabove, any contract with such third party shall include the following provisions: 7.2.1 Indemnification: MUNICIPALITY's Contractor shall indemnify and hold harmless COUNTY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of MUNICIPALITY's Contractor and persons employed or utilized by MUNICIPALITY's Contractor in the performance of this Agreement.. These indemnifications shall survive the term of this Agreement. To the extent permitted by law, in the event that any action or proceeding is brought against COUNTY by reason of any such claim or demand, MUNICIPALITY's Contractor shall, upon written notice from COUNTY, resist and defend such action or proceeding by counsel satisfactory to COUNTY. 7.2.2 To the extent permitted by law, the indemnification provided above shall obligate MUNICIPALITY's Contractor to defend, at its own expense, to and through appellate, supplemental, or bankruptcy proceeding, or to provide for such defense, at COUNTY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 7.2.1 above which may be brought against COUNTY whether performed by MUNICIPALITY's Contractor, or persons employed or utilized by MUNICIPALITY's Contractor. 7.2.3 In order to insure the indemnification obligation MUNICIPALITY's contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Article 8, Section 8.2, in accordance with the terms and conditions required by this Article. 7.2.4 The policies referred to in Section 7.2.3 herein above shall be without any deductible amount and shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Broward County, Florida. ARTICLE 8 - INSURANCE 8.1 MUNICIPALITY is an entity subject to Section 768.28, Florida Statutes (2006), as may be amended, and MUNICIPALITY shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this Agreement. Additionally, if MUNICIPALITY elects to purchase excess liability Bailey Road (Tamarac) -6- coverage, MUNICIPALITY agrees that COUNTY will be furnished with a Certificate of Insurance listing the Broward County Board of County Commissioners as certificate holders and as additional insured. 8.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, any contract with such third party shall include, at a minimum, the following provisions: 8.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "A," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY and Broward County Board of County Commissioners as an additional insured. 8.2.2 MUNICIPALITY's contractor shall furnish to the Contract Administrator Certificates of Insurance or Endorsements evidencing the insurance coverages specified by this Article prior to beginning the performance of work under this Agreement. 8.2.3 Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of MUNICIPALITY's contractor is completed. All policies must be endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. 8.2.4 The policies referred to above shall be without any deductible amount and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Broward County, Florida. 8.2.5 The foregoing requirements represent minimum coverages that shall be contained in MUNICIPALITY's contracts with a third party. Any additional requirements for professional liability, property/builders risk, installation floater, and environmental or pollution shall be subject to MUNICIPALITY's standard requirements for the Project. ARTICLE 9 - MISCELLANEOUS 9.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right to audit the books, records, and accounts of MUNICIPALITY that are related to this Project. MUNICIPALITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries' related to the Project. Bailey Road (Tamarac) -7- MUNICIPALITY 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, Fla. Stat.), 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 MUNICIPALITY's records, MUNICIPALITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by MUNICIPALITY. 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. 9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, MUNICIPALITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. 9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 161/2) in performing any services pursuant to this Agreement. 9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY 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. Bailey Road (Tamarac) -8- 9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. MUNICIPALITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction. MUNICIPALITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of MUNICIPALITY's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY 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. 9.6 COMPLIANCE WITH LAWS. MUNICIPALITY 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. 9.7 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 MUNICIPALITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9.8 JOINT PREPARATION. The parties 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 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. 9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.10 APPLICABLE LAW AND VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the Bailey Road (Tamarac) -9- laws of the State of Florida. Any controversies or legal problems arising out of this Agreement 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. 9.11 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 MUNICIPALITY or others delegated authority to or otherwise authorized to execute same on their behalf. 9.12 PRIOR AGREEMENTS. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. THIS SPACE INTENTIONALLY LEFT BLANK Bailey Road (Tamarac) -10- 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 by Board action on the day of , 20 , and CITY OF TAMARAC, signing by and through its , 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 A Risk Management �iIi1�1►��'1 Bailey Road (Tamarac) -1 1- .BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS am , Mayor day of , 20 Approved as to form by Office of County Attorney Broward County, Florida Jeffrey J. Newton, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 Al A. DiCalvo Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR TRAFFICWAY BEAUTIFICATION FOR IMPROVEMENTS TO BAILEY ROAD FROM NORTHWEST 647" AVENUE TO STATE ROAD 7 Iuto] ►1Is] l9.11111 1 ATTEST: CITY �OFFTTAMARAC B y Municipal Clerk Mayor -Commissioner (SEAL) D-day of 200j,. If Municipal Manager _`day of , 20 fr. APPROVED AS TO FORM: By Vq/ZP nicip I Aftfey AAD/dmv 11 /2/07 BaileyRoad-BeautyAgmt(Tamarac).a0l.doc Bailey Road (Tamarac) -12- EXHIBIT "A" LEGAL DESCRIPTION 6! No Text EXHIBIT "B" INSURANCE REQUIREMENTS -1- Insurance Request for TrafficWay Beautification for Bailey Road/City of Tamarac The following coverages are deemed appropriate for minimum insurance requirements for this project and will be required of the selected firm & identified in the negotiated a reemem. Any deviation or Chan a during the contract negotiation period shall be ap2roved Dy Rlsk IVICIt. TYPE OF INSURANCE Limits on Liability In Thousands of Dollars Each Occurrence Aggregate GENERAL LIABILITY / AIRPORT LIABILITY Bodily Injury [x ] Commercial General Liability [x ] Premises —Operations Property Damage Bodily Injury ry and $500K $500k [ ] Explosion and Collapse Hazard [x ] Underground Hazard Property Damage [x ] Products/Completed Operations Hazard Combined [x ] Contractual Insurance Broward County [x ] Broad Form Property Damage Personal Injury reserves the right to [x ] Independent Contractors review and revise [x ] Personal Injury any insurance requirements at the AUTO LIABILITY / AIRCRAFT LIABILITY Bodily Injury (each per) time of contract [x ] Comprehensive Form renewal, not limited [x ] Owned Bodily Injury (each to the limits, [x ] Hired accident) coverages and Property Damage [x ] Non -owned endorsements based [x ] Any Auto If applicable on insurance market [x ] Owned Aircraft Bodily Injury and $500k conditions and/or Property Damage changes in the Combined scope of services, [ X] WORKER'S COMPENSATION AND [x] STATUTORY EMPLOYER'S LIABILITY (NOTE') (each accident) $100K MIN [ ] PROFESSIONAL LIABILITY — E&O Max. Ded. $ VENDOR RESPONSIBLE FOR FOR DEDUCTIBLE [ ] PROPERTY COVERAGE / BUILDER'S RISK Max. Ded. $ Agreed value INCLUDE WIND AND FLOOD INSURANCE Replacement Cost [ ] If project greater than $50k — installation Maximum Deductible $ 10K deductible Agreed value floater required for replacement of material, Each Claim VENDOR RESPONSIBLE equipment, installation. All risk, agreed value. FOR DEDUCTIBLE Contractor responsible for all tools, materials, equipment, machinery, etc., until completion and acceptance by County. OescnptionofOperations/Locations/Vehides Certificate musts ow on general liability ana excess liability Additional InsureBroward County Board of County Commissioners, Broward County, Florida. Also when applicable certificate should show B.C.B.C.0 as a named insured for property and builders risk and as a loss payee for installation floater when coverage's are required. Certificate Must be Signed and All applicable Deductibles shown. CONTRACTOR RESPONSIBLE FOR ALL DEDUCTIBLES UNLESS OTHERWISE STATED. Indicate bid number, RLI,RFP, & project manager on Col. NOTE * - If the Company is exempt from Workers' Compensation Coverage, please provide a letter on company letterhead or a copy of the State's exemption which documents this status and attache to the Certificate of Insurance for approval. If any operations are to be undertaken on or about navigable waters, coverage must be included for U.S. Longshoremen & Harbor Workers' Act/ & Jones Act I-MnUGLLA i rUN. i m su way wrinen nonce or cancem Name & Address of Certificate Holder Broward County Board of County Commissioners Risk Management Division, RM 210 115 South Andrews Avenue Fort Lauderdale, FL 33301 RE: (W. El Eid, Public Works) ition required to the Certificate Holder: I Dig-y syno Gy na Mehb i oN.cn•oa.n�Mee�,.mus, r,-e,awem c-my. 1 i u :Fis Mcnagam.m, mul=tlmanMr�e owa tl. \ �(J..w�� I �" ✓� � Duln. 200] 1��<:19:20 .05'00' Dawn Mehler Risk Management Division 11 /6/07 Date Issued