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
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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
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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.
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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