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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-209Temp. Reso. #11080 October 4, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--W9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE CONSTRUCTION AND MAINTENANCE OF THE CYPRESS CREEK GREENWAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Broward County is in the process of developing an inter- connected greenway system throughout the County; and WHEREAS, a portion of the system, the Cypress Creek/C-14 corridor, lies within the City of Tamarac's municipal boundaries; and WHEREAS, Broward County must have interlocal maintenance agreements 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 greenway if the affected municipalities agree to maintain the greenway and associated improvements; and and WHEREAS, the Director of Parks and Recreation recommends approval; WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an Interlocal Agreement with Broward County for the construction and maintenance of the Cypress Creek Greenway. Temp. Reso. #11080 October 4, 2006 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: That the appropriate City Officials are hereby authorized to execute an Interlocal Agreement with Broward County for the construction and maintenance of the Cypress Creek Greenway, attached hereto as Exhibit 1. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 1 Temp. Reso. #11080 October 4, 2006 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this S+h day of ncvem�_-r, 2006. ATTEST: MARION SWEN ON, CM CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL OREN CITY A RNEY 111101YOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER B�ARD COUNTY Urban Planning and Redevelopment Department METROPOLITAN PLANNING ORGANIZATION DIVISION 115 S_ Andrews Avenue, Room 329H - Fort Lauderdale, Florida 33301-954-357-6608 • FAX 954-367-6228 City Clerk City of Tamarac 7525 NW 88th Ave. Tamarac, FL 33321 Enclosed for your records is executed inter -local agreement between the County and your City for maintenance of the portions of the greenway located with your municipal boundaries Sincerely Mark Horowitz, Special Projects Coordinator Greenways Project Manager Enclosure: Executed Inter -local Maintenance Agreement �. Broward County Board of County Commissioners Josephus Eggeltetion, Jr_ - Sue Gunzburger - Kristin D. Jacobs - Ken Keechl - Ilene Lieberman - Stacy Ritter - John E. Rodstrom. Jr. - Diana Wassennan-Rubin - Lois Wexler www.broward.org AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC, FLORIDA for CONSTRUCTION AND MAINTENANCE OF CYPRESS CREEK GREENWAY AGREEMENT between BROWARD COUNTY and CITY OF TAMARAC, FLORIDA for CONSTRUCTION AND MAINTENANCE OF CYPRESS CREEK GREENWAY 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;" AND 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 "CITY." LTITA09 MO aYalF2W A WHEREAS, COUNTY has adopted an amendment to the Broward County Comprehensive Plan to incorporate the conceptual greenways system plan; and WHEREAS, the greenways Conceptual Master Plan provides for over three hundred seventy (370) miles of regional greenways, land trails and water trails; and WHEREAS, as part of the implementation of a County Greenways Master Plan, COUNTY is willing to construct greenways within the CITY, including benches, shelters and related improvements, consistent with the plans prepared by Tetra Tech Inc., dated May 15, 2006, entitled Broward County Construction Plans; Project No. 5328, Cypress Creek Corridor ("Greenways"); and WHEREAS, the Greenways will be located on property owned by the South Florida Water Management District ("District"); and WHEREAS, subsequent to the execution of this Agreement, it is anticipated that the District will grant COUNTY a revocable license to construct and maintain the Greenways and related improvements-, and 1 WHEREAS, upon completion of the Greenways, CITY is willing to maintain the Greenways; and WHEREAS, it is of mutual benefit to the residents of COUNTY and CITY to construct and maintain the Greenways as provided for herein; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, promises, and covenants hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 DEFINITIONS 1.1 Agreement: shall mean this document, Articles 1 through 8, 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 the Department of Urban Planning and Redevelopment, or the designee of such County Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CITY 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: shall mean Broward County, through the Board, a political subdivision of the state of Florida. 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 4.03 of the Broward County Charter. 1.6 CITY: shall mean the City of Tamarac, Florida. 1.7 Project: shall mean the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 COUNTY and CITY shall participate in the installation and maintenance of the Greenways in the manner set forth in this Agreement. K 2.2 COUNTY shall: 2.2.1 Prepare, or cause to be prepared, plans for the installation of the Greenways and related improvements in accordance with the plans prepared by Tetra Tech Inc., dated May 15, 2006, entitled "Broward County Construction Plans; Project No. 5328, Cypress Creek Corridor." 2.2.2 Apply for and obtain any permit(s) from the applicable permitting agencies for installation of the Greenways. The parties agree that COUNTY's installation of the Greenways provided for herein is contingent upon receipt of a permit from the District, including a revocable license granted by the District to the COUNTY for installation and maintenance of the Greenways and related improvements. If COUNTY is unable to obtain said permit and revocable license from the District, COUNTY shall notify CITY pursuant to the NOTICE provisions set forth herein and COUNTY and CITY shall be relieved of all obligations pursuant to this Agreement. 2.2.3 Install or cause to be installed the Greenways and related improvements in accordance with the approved design plans and specifications and permit(s). 2.2.4 Following completion of the Greenways, convey the landscaping, benches, signage, shelters and other improvements to CITY via Bill of Sale, the form of which is attached hereto as Exhibit "A", attached hereto and incorporated herein, px� elIraga II 2.3.1 Maintain or cause to be maintained the Greenways, including, but not limited to, any landscaping, benches, shelters, or other improvements installed by COUNTY. As part of such maintenance responsibility, CITY shall keep in good repair and shall replace defective or worn out improvements due to normal wear and tear, acts of God, vandalism and accidents. 2.3.2 CITY agrees that any repair and replacements of improvements shall conform to the design plans and specifications set forth herein. 2.3.3 CITY may replace plant material with plants on the permitting agency's approved plant list. Changes to hardscape items such as benches, signage, and shelters shall not deviate from the design plans or be modified without the approval of the County Administrator or designee. 3 ARTICLE 3 COSTS 3.1 COUNTY shall be responsible for all costs associated with the installation of the Greenways and the improvements provided for in the plans prepared by Tetra Tech Inc., dated May 15, 2006, entitled "Broward County Construction Plans; Project No. 5328, Cypress Creek Corridor." The estimated Cost of Construction ("COC") of the Greenways and improvements is Two Million Eighty Six Thousand Three Hundred Ninety and 00/100 Dollars ($ 2,086,390.00). 3.2 Upon transfer of the improvements to the CITY, CITY shall be responsible for all costs associated with the maintenance of the Greenways and their improvements. 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 only as provided for by this Article. 4.2 This Agreement may be terminated for cause by COUNTY, through action of the Board, or CITY, upon thirty (30) days' written notice given by the terminating party to the other party setting forth the breach. If CITY or COUNTY corrects the breach within thirty (30) days after written notice of same to the satisfaction of the terminating party, the Agreement shall remain in full force and effect. If such breach is not corrected within thirty (30) days of receipt of notice of breach, the terminating party may terminate the Agreement. 4.3 Termination of this Agreement for cause shall include, but not be limited to, failure of the CITY to maintain the Greenways pursuant to the terms of this Agreement, failure of the parties to suitably perform the services required by Article 2 herein, or failure of the parties 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 In the event the CITY elects to terminate this Agreement within twenty five (25) years from the date the Greenways have been transferred to CITY pursuant to Section 2.2.4, or if COUNTY elects to terminate this Agreement within the foregoing twenty five (25) year term due to CITY's failure to maintain the Greenways, CITY shall compensate COUNTY for maintenance of the Greenways for the remainder of the twenty five (25) year term. Upon such termination, the amount which shall be due COUNTY shall be calculated utilizing the following formula: C] Termination = COC — (AAC x YM) Life expectancy of Project = Number of years the project is expected to last (twenty-five (25) years from the date of transfer of the Greenways to CITY) COC = Cost of construction (within municipal boundaries), as set forth in section 3.1 ACC = Annualized Cost of Construction = COC/Life Expectancy of the Project YM = Number of years maintained 4.5 Notice of termination shall be provided in accordance with Article 7, "NOTICES," herein except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 7, "NOTICES," herein. ARTICLE 5 INDEMNIFICATION 5.1 COUNTY is a political subdivision of the State of Florida and CITY is a municipal corporation existing under the laws of the State of Florida. To the extent permitted by law, each party agrees to be fully responsible for acts and omissions of its agents or employees. 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. 5.2 In the event that COUNTY contracts with a third party to provide the services set forth herein and addressed above, any contract with such third party shall include the following provisions: 5.2.1 Indemnification: COUNTY's Contractor shall indemnify and hold harmless CITY, 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 COUNTY's Contractor and persons employed or utilized by COUNTY's Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require COUNTY's Contractor to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, COUNTY's Contractor shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 5.2.2 The indemnification provided above shall obligate COUNTY's Contractor to defend at its own expense to and through appellate, supplemental or 5 bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 5.2.1 above which may be brought against CITY whether performed by COUNTY's Contractor, or persons employed or utilized by COUNTY's Contractor. 5.3 In the event that CITY contracts with a third party to provide the services set forth herein and addressed above, any contract with such third party shall include the following provisions: 5.3.1 Indemnification: CITY'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 CITY's Contractor and persons employed or utilized by CITY's Contractor in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CITY's Contractor to indemnify COUNTY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. 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, CITY's Contractor shall, upon written notice from COUNTY, resist and defend such action or proceeding by counsel satisfactory to COUNTY. 5.3.2 The indemnification provided above shall obligate CITY'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 5.3.1 above which may be brought against COUNTY whether performed by CITY's Contractor, or persons employed or utilized by CITY's Contractor. ARTICLE 6 INSURANCE 6.1 The parties hereto acknowledge that COUNTY and CITY are self -insured governmental entities subject to the limitations of Section 768.28, Florida Statutes. The parties shall institute and maintain a fiscally sound and prudent risk management program with regard to their obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. 6.2 In the event that CITY and/or COUNTY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: lei 6.2.1 Insurance: COUNTY and/or CITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractors sole cost and expense, insurance of the types and amounts as set forth on Exhibit "B," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY, Broward County Board of County Commissioners, and CITY as additional insureds. 6.2.2 COUNTY and/or CITY'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. 6.2.3 Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of the contractor is completed. All policies must be endorsed to provide COUNTY and CITY 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. 6.2.4 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. ARTICLE 7 NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: TO COUNTY: Richard Tornese, Director, Highway Construction and Engineering Suite 300 B_ 1 University Dr. Plantation, FL 33324 TO CITY: Jeffery Miller, City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 With a copy to the City Attorney 7 ARTICLE 8 MISCELLANEOUS 8.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right to audit the books, records, and accounts of CITY that are related to this Agreement. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the services to be provided by CITY pursuant to this Agreement. CITY 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 CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CITY. 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. 8.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT CITY shall not unlawfully discriminate against any person in its operations and activities in fulfilling its obligations under this Agreement. CITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services provides for under this Agreement, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CITY 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. CITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16'/z), 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. E:1 CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16'/2) in performing any services pursuant to this Agreement. 8.3 THIRD PARTY BENEFICIARIES CITY and COUNTY do not intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 8.4 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party; however, COUNTY and CITY may subcontract any portion of the work required by this Agreement under the terms of this Agreement. COUNTY and CITY represent 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 the parties' satisfaction. COUNTY and CITY shall perform their duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of performance and all interim and final product(s) provided shall be comparable to the best local and national standards. 8.5 MATERIALITY AND WAIVER OF BREACH The parties agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Failure of any party 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. 8.6 COMPLIANCE WITH LAWS The parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9 8.7 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 CITY 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. 8.8 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. 8.9 PRIORITY OF PROVISION If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 8 of this Agreement shall prevail and be given effect. 8.10 RECORDING This Agreement shall be recorded in the public records of Broward County, Florida, and shall be binding upon the successors and assigns of COUNTY and CITY. 8.11 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 8.12 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 parties hereto. 10 8.13 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. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 8.12 above. 8.14 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached exhibits are incorporated into and made a part of this Agreement. 8.15 MULTIPLE ORIGINALS This Agreement may be fully executed in three (3) copies by both parties, each of which, bearing original signatures, shall have the force and effect of an original document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR CONSTRUCTION AND MAINTENANCE OF CYPRESS CREEK GREENWAY IN WITNESS WHEREOF, the parties hereto 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, and Vice Mayor, authorized to execute same by Board action on the ,"X3 day of !t 200 and the CITY, signing by and through its c , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its j BOARD OF COUNTY COMMISSIONERS Cou y Administrator and-iT ,;, Ma or Offic o Clerk of the Board y Comm % Coun Commissioners off" j day of i� Broward County, Florida ;p-- A proved as to form by W: . ,6ffice of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 assistant County Attorney day of 20 12 t AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR CONSTRUCTION AND MAINTENANCE OF CYPRESS CREEK GREENWAY WITNESSES - !1I I Col. } w MARION SWENSON, CMC CITY CLERK BMH/UPDM/grnwyNLaud .a01 08/08/06 #06-037.00 14110 13 CITY OF TAMARAC BETH FLANSBAUM—TALABISCO, MAYOR J day of f 20 By w J 'FFREI L: MILLER, CITY MANAGER day of I 20 (/, APPROVED AS TO FORM - SO &NEY EXHIBIT A-1 GREENWAYS AMENITIES Landscaping Trash Receptacles Signs Tile Insets Benches Tables Bicycle Parking Facilities Insurance Request for Maintenance of the Greenways Exhibit B 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 deviation or change during the contract negotiation period shall be approved by Risk M 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 [ ] Explosion and Collapse Hazard [x ] Underground Hazard Bodily Injury and $500K $500k 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 AUTO LIABILITY / AIRCRAFT LIABILITY Bodil 'u requirements at the y Injury ry (each per) time of contract [x ] Comprehensive Form renewal, not limited [x Owned Bodily Injury (each accident) to the limits, [x ] Hired coverages and [x ] Non -owned Property Damage 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 utt+ (each accident) $100K MIN [ ] 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 Maximum Deductible $ 10K deductible Agreed value floater required for replacement of material, equipment, installation. All risk, agreed Each Claim VENDOR RESPONSIBLE value. FOR DEDUCTIBLE Contractor responsible for all tools, materials, equipment, machinery, etc., until completion and acceptance by County. Description of oPeratinns/loCalions,vehides Certificate must show on general liability and excess liability AddifionalInsured: Broward 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 COI. 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 l,AM,CLLAI ruN: inint ijulvay written notice of cancell, 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: (M. Horowitz) InsuranceLimilsForm. 03 Revised certifirateofinsrevised1005.F)OC Cni Won required to the Certificate Holder: "n "siu d6'0awn-p ` ❑rv: rn=i�awn McNe, i-� ;', o-Ffrnwam U, W, ­Risx M.inrpn Sri, Risk Management Division 9/21 /07 Date Issued