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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-042Temp. Reso. 11356 Page 1 of 3 February 7, 2008 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- �) 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 TRAFFIC WAY ILLUMINATION 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 illumination improvements 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 Illumination Agreement with the affected municipalities in place in order to obtain necessary permits and proceed with construction; and WHEREAS, the Agreement provides that Broward County will complete the design and construction of the trafficway if the affected municipalities agree to maintain the Illumination for Bailey Road; and WHEREAS, Broward County proposes that the City of Tamarac assumes Illumination maintenance responsibilities for a portion of Bailey Road from Northwest 64th Avenue to Northwest 46th Avenue; and Temp. Reso. 11356 Page 2 of 3 February 7, 2008 WHEREAS, Broward County and the City of Tamarac have agreed to all terms and conditions of the agreement for trafficway illumination 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 street lights 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 illumination 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 illumination for Bailey Road from Northwest 64th Avenue to State Road 7. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 7 Temp. Reso. 11356 Page 3 of 3 February 7, 2008 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. BETH FLANSBAUM TALAB ISCO MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. gi SAMUEL S. G EN CITY ATTO EY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER tY DIST 2: COMM ATKINS-G DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER Temporary Reso. No. 11.356 — Exhibit 1 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY ILLUMINATION 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, AND CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the State of Florida, 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 illuminate a portion of the Trafficway by installation of lighting as defined in Article 2; and WHEREAS, MUNICIPALITY has expressed its desire to undertake the maintenance of the illumination system of the Trafficway following completion of the Project; and 4�kWHEREA MU ICIPALITY, by motion of its governing body adopted on the day of , 20�, has approved the terms of this Agreement, and has author, ed the appropriate officers of MUNICIPALITY to execute this Agreement; and WHEREAS, COUNTY, by action of its Board of County Commissioners on the day of 3 20 , has approved the illumination 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 Highway Construction and Engineering Division, 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 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 Participation. 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 "Illumination" shall mean light poles, luminaires, cable, conduit, grounding, load centers, pullboxes, conductors, and cable distribution systems. 1.7 "Project" shall mean the illumination of the portion of the Trafficway as described in Exhibit "A.". ARTICLE 2 - SCOPE OF PARTICIPATION 2.1 COUNTY and MUNICIPALITY shall participate in the illumination of the Trafficway Project in the manner set forth in this Agreement. 2.2 COUNTY shall: 2.2.1 Prepare, or cause to be prepared, plans and specifications for the illumination of the Trafficway Project which shall substantially conform to the Tamarac Illumination Agreement -2- Standard Specifications for Highway Lighting established by the Florida Department of Transportation. Such plans and specifications 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 illumination plans and specifications, install or cause to be installed a lighting system along the Trafficway Project. Following installation, COUNTY shall provide to MUNICIPALITY the as -built plans, specifications and warranties, if any. 2.3. MUNICIPALITY shall maintain all illumination within the Trafficway Project as follows: 2.3.1 In the event that utilities are to be utilized in the illumination of the Project, MUNICIPALITY shall take all necessary steps to properly establish the utility account(s) with the MUNICIPALITY's electrical energy for the Project illumination system and shall agree to pay all electrical energy prior to the initial energizing of the systems and shall continue to pay all such charges relating to the illumination of the Project as such charges arise. 2.3.2 MUNICIPALITY shall properly maintain the illumination system along the Trafficway Project in accordance with the approved design plans and specifications and in substantial conformance with the Standard Specifications for Highway Lighting adopted by the Florida Department of Transportation. As part of such maintenance responsibility, MUNICIPALITY shall keep in good repair, and replace, defective or worn out lighting system parts and equipment which system parts and equipment shall include, but not be limited to, poles, luminaires, and circuitry. MUNICIPALITY's responsibility to keep or cause 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 remain classified as a county road, and that the illumination system 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. I_1:if[N�E�I����� 3.1 COUNTY shall be responsible for all costs associated with the design and installation of the illumination system. Tamarac Illumination Agreement -3- 3.2 MUNICIPALITY shall pay all electrical energy and other utility charges relating to the operation, maintenance, and repair of the lighting system used in the illumination of the Trafficway 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, if the MUNICIPALITY has not corrected the breach within thirty (30) days of written notice given by the COUNTY to the MUNICIPALITY setting forth the breach. If MUNICIPALITY corrects the breach within thirty (30) days after written notice of same, to the sole satisfaction of the 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 this Agreement. Specifically in the case of MUNICIPALITY's requirement to maintain the illumination system, 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 illumination system 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 to MUNICIPALITY. This Agreement may also be terminated by the County Administrator upon such notice as County Administrator deems appropriate in 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," except that notice of termination by County Administrator which County Administrator Tamarac Illumination Agreement -4- 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 PARTICIPATION Any change to the Scope of Participation 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 300-B 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 the acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 7.2 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 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 Tamarac Illumination Agreement -5- 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. 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 services were 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 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 named insureds. 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 Tamarac Illumination Agreement -6- 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. 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 Tamarac Illumination Agreement -7- 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 1 61/2) 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. 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 Tamarac Illumination Agreement -8- 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 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. Tamarac Illumination Agreement -9- 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Tamarac Illumination Agreement -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 , signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Approved as to Insurance Requirements M Risk Management Tamarac Illumination Agreement -1 1- 211 , 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 (Date) Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR TRAFFICWAY ILLUMINATION FOR BAILEY ROAD FROM NORTHWEST 64T" AVENUE TO STATE ROAD 7. MUNICIPALITY ATTEST: CITY F TAMARAC By awre — I Municipal Clerk Mayor -Commissioner (SEAL) 4eday of , 20, !E Mu Icipal Manager day of , 20 APPROVED AS TO ORM: By Nniv, 4, Munici al 11ney AAD:dmv 11 /2/07 BaileyRoad-I IlumAgmt(Tamarac).a01.doc Tamarac Illumination Agreement -12- 1-IM11=111iY_u LEGAL DESCRIPTION -1- \ 2z., k)$ � 7U)0 Q U' CL 4) ) ±�(ku -} 32 f f � � J z n f 0 « /#4 £a) \�k $ ! t,6 (0) 72E ƒ k � \ 2]$ 2 013 j� § ]7 � 3/!} �) & § $ 0 « J .E $ � \ ± % I rr n 22 � 2 % 2 m� 2 2 o : r X R LU mu qq 4-j �C E 2 0 $ u 2 Q / LL EXHIBIT "B" INSURANCE REQUIREMENTS -1- Insurance Request for Trafficway Illumination 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 agreement. Any aeviatlon or cnan a auring ine contract ne otlatlon penoa snarl De approvea Dy KISK Ivl t. 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 and Property Damage Combined $500K $500k [ ] Explosion and Collapse Hazard [x ] Underground Hazard [x ] Products/Completed Operations Hazard [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 [x ] Owned [x ] Hired renewal, not limited to the limits, coverages and Bodily Injury (each accident) Property Damage [x ] Non -owned [x ] Any Auto If applicable [x ] Owned Aircraft endorsements based on insurance market conditions and/or changes in the Bodily Injury and Property Damage $500k Combined scope of services. [ X] WORKER'S COMPENSATION AND [x] STATUTORY (each accident) $100K MIN EMPLOYER'S LIABILITY (NOTE *) [ ] PROFESSIONAL LIABILITY -- E&O Max. Ded. $ VENDOR RESPONSIBLE FOR DEDUCTIBLE $ [ ] PROPERTY COVERAGE / BUILDER'S RISK Max. Ded. $ Agreed value INCLUDE WIND AND FLOOD INSURANCE Replacement Cost [ ] If project greater than $50k — installation floater required for replacement of material, Maximum Deductible $ 10K deductible Agreed value Each Claim VENDOR RESPONSIBLE FOR DEDUCTIBLE equipment, installation. All risk, agreed value. I Contractor responsible for all tools, materials, equipment, machinery, etc., until completion and acceptance by County. Description of Operations/Locations/Vehicles Certificate musts ow on general liability and 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 ation required to the Certificate Holder: .� Digitally signed Mby Dawn Mahler DN'. rn=Dawn etier, c=US, _e'r-6rd CWMY, 0_,i" L�^ Mana9emeni va. DWe.kYY.L1106.1919:50-OS'GO' Risk Management Division 11 /6/07 Date Issued