HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-260Temp. Reso. #10214
September 16, 2003 1
Revision 1, November 5, 2003
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- .-)-6 U
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE
REIMBURSEMENT OF UTILITY REMOVAL COSTS ALONG
PINE ISLAND ROAD FROM OAKLAND PARK BOULEVARD TO
COMMERCIAL BOULEVARD; AUTHORIZING AN ESTIMATED
EXPENDITURE OF $5,000.00 SUBJECT TO ACTUAL
QUANTITIES AND BID PRICES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Broward County plans to widen Pine Island Road from Oakland Park
Boulevard to a point several blocks north of Commercial Boulevard in the City of Tamarac; and
WHEREAS, the City of Tamarac owns abandoned utility pipelines containing asbestos
that conflict with the proposed pipeline construction for this road widening project; and
WHEREAS, it has been agreed that the most cost efficient method to eliminate the
pipeline conflicts will be to use the County's contractor to remove only what is necessary; and
WHEREAS, Craven, Thompson and Associates, the Broward County project
consultants, have estimated the pipeline removal costs to be approximately $5,000.00; and
WHEREAS, Broward County has submitted an agreement for execution by the City of
Tamarac that will reimburse Broward County for the pipeline removal costs (a copy of which is
included as "Exhibit 1"); and
WHERAS, it is the recommendation of the Director of Utilities that the agreement
providing reimbursement to Broward County for expenses estimated to be approximately
$5,000.00 to remove Tamarac pipelines that conflict with proposed construction be approved,
Temp. Reso. #10214
September 16, 2003 2
Revision 1, November 5, 2003
executed and funded; and
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 agreement
between Broward County and the City of Tamarac for the reimbursement of utility removal costs
along Pine Island Road associated with Broward County Project 5121, for an estimated cost of
$5,000.00 subject to actual quantities and bid prices to be funded from the appropriate Utilities
Operational Account.
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.
SECTION 2: The appropriate City Officials are hereby authorized to execute the
agreement between Broward County and the City of Tamarac for the funding of utility removal
along Pine Island Road from Oakland Park Boulevard to Commercial Boulevard hereto attached
as Exhibit 1.
SECTION 3: The estimated reimbursement expense of $5,000.00 is approved to
be funded from the appropriate budgeted Utilities Operational account.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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.
Temp. Reso. #10214
September 16, 2003 3
Revision 1, November 5, 2003
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 12th day of November, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
REG/GW/mg
1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS, :.
"EXHIBIT V
TR #10214
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
THE CITY OF TAMARAC
FOR
THE FUNDING OF UTILITY REMOVAL ALONG PINE ISLAND ROAD
FROM OAKLAND PARK BOULEVARD TO COMMERCIAL BOULEVARD
IN THE CITY OF TAMARAC
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
THE CITY OF TAMARAC
FOR
THE FUNDING OF UTILITY REMOVAL ALONG PINE ISLAND ROAD
FROM OAKLAND PARK BOULEVARD TO COMMERCIAL BOULEVARD
IN THE CITY OF TAMARAC.
This is an Agreement, made and entered into by and between BROWARD
COUNTY, a political subdivision of the State of Florida, through its Board of County
Commissioners hereinafter referred to as "COUNTY,"
THE CITY OF TAMARAC, a municipal corporation organized and existing under the
laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY."
WITNESSETH
WHEREAS, COUNTY plans to construct improvements on Pine Island Road from
Oakland Park Boulevard to Commercial Boulevard in the City of Tamarac, hereinafter
referred to as "Project;" and
WHEREAS, COUNTY will solicit bids for the Project in accordance with County
procedures and will procure a contractor to construct the Project; and
WHEREAS, CITY owns abandoned utility lines containing asbestos which conflict
with the Project drainage system and are required to be removed; and
WHEREAS, CITY has agreed to fund the cost for the removal and disposal of the
abandoned lines; NOW THEREFORE,
IN CONSIDERATION, of the mutual terms, conditions, promises, covenants and
payment hereinafter set forth, COUNTY and CITY agree as follows:
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ARTICLE 1 -SCOPE
1.1 CITY acknowledges that proper notice was provided by COUNTY regarding CITY's
utility lines located within the Project's limits, as required by Sec. 337.403 and 337.404,
Florida Statutes.
1.2 CITY acknowledges that certain CITY owned utility lines will conflict with proposed
drainage pipes and/or structures contained within the Project's limits and that CITY has
elected have the abandoned lines removed.
1.3 CITY acknowledges that CITY has requested COUNTY to remove the abandoned
lines to accommodate the Project's drainage lines and/or structures and has agreed to
reimburse COUNTY for the removal costs.
1.4 CITY acknowledges that the estimate for the cost of removal is Five Thousand and
00/100 Dollars ($5,000.00), and that the number and/or costs of removal may be greater,
or less. COUNTY shall furnish CITY with a copy of the contract prices for removal as part
of the Project. Following the start of construction of Project, COUNTY shall submit periodic
invoices to CITY containing the contractor's charges for removal. CITY shall remit payment
to COUNTY within thirty (30) calendar days of the date each invoice is transmitted. CITY
shall be responsible for any claims asserted by contractor, arising from CITY's delay in
remitting payment. In the event costs for removal are increased by change orders,
approved by COUNTY, CITY shall reimburse COUNTYfor all such costs through periodic
invoices.
ARTICLE 2 - TERM AND TERMINATION
2.1 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 2.2 through 2.6 herein below.
2.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by CITY, upon a thirty (30) day 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 and
improved within thirty (30) days of receipt of notice of breach, the terminating party may
terminate the Agreement. COUNTY, at the option of the Contract Administrator, may
cause such breach to be corrected and improved and bill CITY for the costs of such
correction and improvement or terminate this Agreement. If COUNTY opts to correct and
improve the breach and bill CITY for same, CITY shall then remit to COUNTY the amount
so billed within thirty (30) days of CITY's receipt thereof.
2.3 Termination of this Agreement for cause shall include, but not be limited to: failure
of the parties to suitably perform the services required by Article 2 herein, failure of the
parties to continuously perform the services required by the terms and conditions of this
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Agreement in a manner calculated to meet or accomplish the objectives set forth herein,
notwithstanding whether any such breach was previously waived or cured.
2.4 This Agreement may be terminated for convenience by either party upon a thirty
(30) day written notice given by the terminating party to the other party. This Agreement
may also be terminated by COUNTY's Contract Administrator upon such notice as
Contract Administrator deems appropriate in the event that the Contract Administrator
determines that termination is necessary to protect the public health, safety, or welfare.
2.5 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. CITY acknowledges and agrees
that ten dollars ($10.00), the adequacy of which is hereby acknowledged by CITY, is given
as specific, consideration to CITY for COUNTY's right to terminate this Agreement for
convenience.
2.6 Notice of termination shall be provided in accordance with the Article 6, "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 4,
"NOTICES," herein.
ARTICLE 3 - CHANGES IN SCOPE OF SERVICES
Any change to :the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 7.11 below.
ARTICLE 4 - 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:
Diretor, Engineering Division
One North University Drive, Suite 300B
Plantation, Florida 33324-2038
FOR CITY: Jeffrey L. Miller, City Manager WITH COPY TO: Mitchell Kraft
City of Tamarac City of Tamarac
7525 NW 88th Avenue 7525 NW 88th Avenue
Tamarac, FL 33321 Tamarac, FL 33321
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ARTICLE 5 - INDEMNIFICATION
CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida
Statutes, and agrees to be fully responsible for 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.
ARTICLE 6 - INSURANCE
6. The parties hereto acknowledge that CITY is a self -insured governmental entity
subject to the limitations of Section 768.28, Florida Statutes. The CITY shall institute and
maintain a fiscally sound and prudent risk management program with regard to its
obligations under this Agreement in accordance with the provisions of Section 768.28,
Florida Statutes,
ARTICLE 7 - MISCELLANEOUS
7.1 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 Project. CITY shall
keep such books, records, and accounts as may be necessary in order to record complete
and correct entries related to the Project. 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.
7.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. CITY 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. CITY 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
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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.
7.2.1 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 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.
7.2.2 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.
7.3 THIRD PARTY BENEFICIARIES, Neither CITY 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.
7.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party. CITY 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 setforth in the Scope of Services
and to provide and perform such services to COUNTY's satisfaction for the agreed
compensation. CITY shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CITY'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.
7.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and CITY agree that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure
to enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deemed a waiver of any subsequent breach and shall not be construed to be
a modification of the terms of this Agreement.
7.6 COMPLIANCE WITH LAWS. CITY 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.
1672
7.7 SEVERANCE. In the event a portion of this Agreement is found by a court of
competentjurisdiction 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 madewithin seven (7) days after the finding
by the court becomes final.
7.8 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.
7.9 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 7 of this Agreement
shall prevail and be given effect.
7.10 APPLICABLE LAW AND VENUE. 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.
7.11 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 CITY.
7.12 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. 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 7.11 above.
7.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
lid
clause set forth above is acknowledged by the parties. The attached exhibits are
incorporated into and made a part of this Agreement.
7.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5) copies
by all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
THIS PAGE INTENTIONALLY LEFT BLANK
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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 or Vice
Mayor, authorized to execute same by Board action on the day of
, 20_, and CITY OF TAMARAC, signing by and through its
duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex -Off icio
Clerk of the Board of County By
Commissioners of Broward County,
Florida
, Mayor
day of , 2003.
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
QI
Pamela M. Kane
Assistant County Attorney
1:a
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR THE FUNDING
OF UTILITY REMOVAL ALONG PINE ISLAND ROAD FROM OAKLAND PARK BOULEVARD TO
COMMERCIAL BOULEVARD IN THE CITY OF TAMARAC
WITNESSES:
ATTEST:
' City Clerk
(CORPORATE SEAL)
CITY
CITY OF TAMARAC
B1�
Y
Mayor -Commissioner
1 day of
;;,e,
00 // F City Manager
13 day of , 20
APPROVED AS TO FORM:
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PMK
May 22, 2003
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Public Works Department
ENGINEERING DIVISION
1 N. University Drive, Suite 300B - Plantation, Florida 33324-2038 - 954-577-4555 - FAX 954-577-2338
February 12, 2004
Mr. John E. Doherty
Tamarac Utilities Department
6001 Nob Hill Road
Tamarac FL 33321 -
Subject: Project 5121. Improvements to Pine Island Road, "<
from South of Oakland Park Boulevard to North of Commercial Boulevard. =x-'
Agreement for the Funding Utility Removal.
Dear Mr. Doherty, -
Attached please find your original copy of the fully executed Agreement, covering the removal of asbestos
pipe. The Agreement was approved by ur Board on February 10, 2004, Item 6B-
Other copies of the agreement are distributed herewith as noted below.
If you have any questions, please do not hesitate to call me at 954,577.4559.
Sincerely,
/Wilfrid P.S. Stride, P.E.
Project Manager
cc: Henry P. Cook, P.E., Director
Richard C. Tornese P.E., Assistant Director
Pamela M. Kane, Assistant County Attorney, w/original
Luce Augustin, w/original
Joseph Martin, P.E., Craven, Thompson & Associates, w/copy
No 15121agmt.wpd
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. - Ben Graber - Sue Gunzburger - Kristin D. Jacobs - Ilene Lieberman • Lori Nance Parrish - John E. Rodstrom, Jr - James A. Scott - Diana Wasserman -Rubin
www.broward,org
No Text
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
THE CITY OF TAMARAC
FOR
THE FUNDING OF UTILITY REMOVAL ALONG PINE ISLAND ROAD
FROM OAKLAND PARK BOULEVARD TO COMMERCIAL BOULEVARD
IN THE CITY OF TAMARAC
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
THE CITY OF TAMARAC
FOR
THE FUNDING OF UTILITY REMOVAL ALONG PINE ISLAND ROAD
FROM OAKLAND PARK BOULEVARD TO COMMERCIAL BOULEVARD
IN THE CITY OF TAMARAC.
This is an Agreement, made and entered into by and between BROWARD
COUNTY, a political subdivision of the State of Florida, through its Board of County
Commissioners hereinafter referred to as "COUNTY,"
THE CITY OF TAMARAC, a municipal corporation organized and existing under the
laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY."
WITNESSETH
WHEREAS, COUNTY plans to construct improvements on Pine Island Road from
Oakland Park Boulevard to Commercial Boulevard in the City of Tamarac, hereinafter
referred to as "Project;" and
WHEREAS, COUNTY will solicit bids for the Project in accordance with County
procedures and will procure a contractor to construct the Project; and
WHEREAS, CITY owns abandoned utility lines containing asbestos which conflict
with the Project drainage system and are required to be removed; and
WHEREAS, CITY has agreed to fund the cost for the removal and disposal of the
abandoned lines; NOW THEREFORE,
IN CONSIDERATION, of the mutual terms, conditions, promises, covenants and
payment hereinafter set forth, COUNTY and CITY agree as follows:
-1-
ARTICLE 1 -SCOPE
1.1 CITY acknowledges that proper notice was provided by COUNTY regarding CITY's
utility lines located within the Project's limits, as required by Sec. 337.403 and 337.404,
Florida Statutes.
1.2 CITY acknowledges that certain CITY owned utility lines will conflict with proposed
drainage pipes and/or structures contained within the Project's limits and that CITY has
elected have the abandoned lines removed.
1.3 CITY acknowledges that CITY has requested COUNTY to remove the abandoned
lines to accommodate the Project's drainage lines and/or structures and has agreed to
reimburse COUNTY for the removal costs.
1.4 CITY acknowledges that the estimate for the cost of removal is Five Thousand and
00/100 Dollars ($5,000.00), and that the number and/or costs of removal may be greater,
or less. COUNTY shall furnish CITY with a copy of the contract prices for removal as part
of the Project. Following the start of construction of Project, COUNTY shall submit periodic
invoices to CITY containing the contractor's charges for removal. CITY shall remit payment
to COUNTY within thirty (30) calendar days of the date each invoice is transmitted. CITY
shall be responsible for any claims asserted by contractor, arising from CITY's delay in
remitting payment. In the event costs for removal are increased by change orders,
approved by COUNTY, CITY shall reimburse COUNTYfor all such costs through periodic
invoices.
ARTICLE 2 - TERM AND TERMINATION
2.1 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 2.2 through 2.6 herein below.
2.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by CITY, upon a thirty (30) day 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 and
improved within thirty (30) days of receipt of notice of breach, the terminating party may
terminate the Agreement. COUNTY, at the option of the Contract Administrator, may
cause such breach to be corrected and improved and bill CITY for the costs of such
correction and improvement or terminate this Agreement. If COUNTY opts to correct and
improve the breach and bill CITY for same, CITY shall then remit to COUNTY the amount
so billed within thirty (30) days of CITY's receipt thereof.
2.3 Termination of this Agreement for cause shall include, but not be limited to: failure
of the parties to suitably perform the services required by Article 2 herein, failure of the
parties to continuously perform the services required by the terms and conditions of this
-2-
Agreement in a manner calculated to meet or accomplish the objectives set forth herein,
notwithstanding whether any such breach was previously waived or cured.
2.4 This Agreement may be terminated for convenience by either party upon a thirty
(30) day written notice given by the terminating party to the other party. This Agreement
may also be terminated by COUNTY's Contract Administrator upon such notice as
Contract Administrator deems appropriate in the event that the Contract Administrator
determines that termination is necessary to protect the public health, safety, or welfare.
2.5 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. CITY acknowledges and agrees
that ten dollars ($10.00), the adequacy of which is hereby acknowledged by CITY, is given
as specific consideration to CITY for COUNTY's right to terminate this Agreement for
convenience.
2.E Notice of termination shall be provided in accordancewith the Article B, "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 4,
"NOTICES," herein.
ARTICLE 3 - CHANGES IN SCOPE OF SERVICES
Any change to :the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 7.11 below.
ARTICLE 4 - 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:
Diretor, Engineering Division
One North University Drive, Suite 300B
Plantation, Florida 33324-2038
FOR CITY: Jeffrey L. Miller, City Manager WITH COPY TO: Mitchell Kraft
City of Tamarac City of Tamarac
7525 NW 88th Avenue 7525 N14 88th Avenue
Tamarac, FL 33321 Tamarac, FL 33321
-3-
ARTICLE 5 - INDEMNIFICATION
CITY is a state agency or political subdivision as defined in Chapter 768.28, Florida
Statutes, and agrees to be fully responsible for 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.
ARTICLE 6 - INSURANCE
6. The parties hereto acknowledge that CITY is a self -insured governmental entity
subject to the limitations of Section 768.28, Florida Statutes. The CITY shall institute and
maintain a fiscally sound and prudent risk management program with regard to its
obligations under this Agreement in accordance with the provisions of Section 768.28,
Florida Statutes.
ARTICLE 7 - MISCELLANEOUS
7.1 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 Project. CITY shall
keep such books, records, and accounts as may be necessary in order to record complete
and correct entries related to the Project. 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 complywith 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..
7.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. CITY 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. CITY 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
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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.
7.2.1 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 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.
7.2.2 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.
7.3 THIRD PARTY BENEFICIARIES. Neither CITY 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.
7.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party. CITY 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 for the agreed
compensation. CITY shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CITY'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.
7.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and CITY agree that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure
to enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach of a provision of this Agreement
shall not be deemed a waiver of any subsequent breach and shall not be construed to be
a modification of the terms of this Agreement.
7.6 COMPLIANCE WITH LAWS. CITY 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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7.7 SEVERANCE. In the event a portion of this Agreement is found by a court of
competentjurisdiction 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 madewithin seven (7) days after the finding
by the court becomes final.
7.8 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.
7.9 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 7 of this Agreement
shall prevail and be given effect.
7.10 APPLICABLE LAW AND VENUE. 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.
7.11 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 CITY.
7.12 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. 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 7.11 above.
7.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
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clause set forth above is acknowledged by the parties. The attached exhibits are
incorporated into and made a part of this Agreement.
7.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5) copies
by all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
THIS PAGE INTENTIONALLY LEFT BLANK
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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 or Vice
Mayor, authorized to execute same by Board action on the !bL4-- day of
20_�y, and CITY OF TAMARAC, signing by and through its
duly authorized to execute same.
.a
ATTEST-)
County Administrator an x-5 ficio
Clerk of the Board of County
Commissioners of Broward County,
Florida
5S �pyylNMiY`4P;:11�/
s G�qEATE..t3
OCT. I STal
a p
COUNTY
BROWARD COUNTY, through its
BOARD lOFCOUNTY COMMISSIONERS
t
Mayor
Ci7 day of 2001M.
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Teleco r: (954) 357--6968
By !-6 -0q
Pamela M. Kane
Assistant County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR THE FUNDING
OF UTILITY REMOVAL ALONG PINE ISLAND ROAD FROM OAKLAND PARK BOULEVARD TO
COMMERCIAL BOULEVARD IN THE CITY OF TAMARAC
WITNESSES:
ATTEST.
City Clerk
(CORPORATE SEAL)
CITY
CITY OF TAMARAC
'J
Mayor -Commissioner
day of 1' - 20
City Manager
day of 20
APPROVED AS TO FORM:
By 14/
C•f y'Attc ey
r �
F
PMK
May 22, 2003
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