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hereby repealed to the extent of such conflict.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.
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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
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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.
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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.
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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
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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:
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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
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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.
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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.
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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]
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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:
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❑rv: rn=i�awn McNe, i-� ;', o-Ffrnwam
U, W, Risx M.inrpn Sri,
Risk Management Division
9/21 /07
Date Issued