HomeMy WebLinkAboutCity of Tamarac Resolution (335)hemp. Reso. # 9978
rage 1
November 4, 2002
November 19, 2002 - revision 1
November 20, 2002 — revision 2
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, RESCINDING RESOLUTION NO. R-2002-
218; AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO ENTER INTO AN AGREEMENT WITH BROWARD
COUNTY ASSIGNING MAINTENANCE OF ELEVEN (11)
STREET LIGHTS ALONG PINE ISLAND ROAD TO THE CITY
OF TAMARAC; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A REVISED AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC FOR
TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD FROM
COMMERCIAL BOULEVARD TO APPROXIMATELY 1600 FEET
NORTH; AUTHORIZING THE REMOVAL OF SIX (6) EXISTING
STREET LIGHTS WITHIN THE PROJECT BOUNDARY;
AUTHORIZING THE INSTALLATION OF ELEVEN (11) STREET
LIGHTS IN THE SAME LOCATION BY BROWARD COUNTY;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac authorized the execution of an "Agreement Between
Broward County and City of Tamarac for Trafficway Illumination for Pine Island Road From
Commercial Boulevard to Approximately 1600 Feet North" through Resolution R-2002-218 on
August 28, 2002, hereto attached as Exhibit "I"; and
WHEREAS, it was determined that the aforesaid agreement provided by Broward County
contained an error which prohibited execution by the same; and
WHEREAS, Broward County requested that we execute a revised agreement to correct
this error through correspondence hereto attached as Exhibit "2"; and
WHEREAS, the execution of a revised agreement requires the rescinding of Resolution
R-2002-218; and
WHEREAS, Resolution R-2002-218 also authorized the removal of six (6) existing street
lights and the installation of eleven (11) new street lights within the project boundary which
remains approved; and
Temp. Reso. # 9978
Page 2
November 4, 2002
November 19, 2002 — revision 1
November 20, 2002 — revision 2
WHEREAS, the Director of Public Works recommends that Resolution No. R-2002-218
be rescinded, that the City execute the revised "Agreement Between Broward County and City of
Tamarac for Trafficway Illumination for Pine Island Road From Commercial Boulevard to
Approximately 1600 Feet North ° hereto attached as Exhibit "3", and that the removal of six (6)
existing street lights and the installation of eleven (11) new street lights within the project
boundary be authorized; 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 authorize the rescinding of
Resolution R-2002-218, the execution of the revised "Agreement Between Broward County and
City of Tamarac for Trafficway Illumination for Pine Island Road From Commercial Boulevard to
Approximately 1600 Feet North", and the removal of six (6) existing street lights followed by the
installation of eleven (11) new street lights within the project boundary..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution upon
adoption hereof.
SECTION 2: Resolution No. R2002-218, hereto attached as Exhibit 1",
authorizing the appropriate City Officials to enter into an agreement for the maintenance of
eleven (11) streetlights along Pine Island Road from Commercial Boulevard north approximately
sixteen hundred (1600) feet is HEREBY rescinded.
SECTION 3: The appropriate City Officials are hereby authorized to execute a
revised "Agreement Between Broward County and City of Tamarac for Trafficway Illumination for
Pine Island Road From Commercial Boulevard to Approximately 1600 Feet North", attached
hereto as Exhibit "3"
L.�
1
Temp. Reso. # 9978
Page 3
November 4, 2002
November 19, 2002 — revision 1
November 20, 2002 — revision 2
SECTION 4: The removal by Florida Power and Light of six (6) existing street
lights along Pine Island Road from Commercial Boulevard north approximately one thousand six
hundred (1,600) feet is hereby approved.
SECTION 5: The installation of eleven (11) street lights in the same location by
Broward County is hereby approved.
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 27r'` day of November, 2002.
ATTEST:
ARION S ENSON, CMG
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
ITCHELL S. KRA
CITY ATTORNE1
,y..<r..'..�'
JOE SCHREIBER
,.MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1:
V/M. PORTNER
DIST 2:
COMM. MISHKIN
DIST 3:
COMM. SULTANOF 77T—
DIST 4:
COMM. ROBERTS
. ' N� :: EXHIBIT 1
RESOt_ernp Neso. It �)('I:3C?
August 7, 7002
p agc 1
CITY OF TAMARAC, FI._(.)RIDA
RESOLUTION NO. fR-2002. 21 ft
A 1','ES OLUTION OF THE CITY COMMISSION OF THE. CITY OF
TAMARAC, FLORIDA, AUTHORIZING I'HE REMOVAI., OF SIX (6)
I XISTIN(. `. I'REE i" LIGHT'S At. -ONCE PINES I,,;[ AND ROAD FROM
COMMFPCIAt_ ROUt._EVARU NORTH APPROXIMATELY ONI.:
THOUSAND SIX HUNDRED (1,600) FEE-1- AUTHORIZING TI{lw,
INSTAI I /\ 1 1ON 0I- ELEVEN (11) STREE-T- I IGHTS IN 'THE SAME
E_OCAI-ION BY BROWAIRD COUNTY- AUTHORIZING .i.HE=
Al.- PROPRIA117 CIl Y 01, FICIALS TO ENTER INTO AN AGREEMEN I
WI-T I I BROWARD COUNTY ASSIGNING MAIN I_FNANCE::: (:)F SAID
STRFE~T LIC31-H-S TO '1 E-E1 CITY OF TAMARAC-, PROVIDING FOR
CONE I ICTS; PROVIDING 1-=0EZ SEVF:RABILITY; AND PROVII.ANG
FO AN EFFECTIVE DATE.
WI iL"P A S, the ,: f='uhlic Works; Departrnctit currently m,:airatains approximately one
hundred and thirty (1:30) str(`rJ lights, within the City of Tamarac; �anrf
WHEREAS, Brow<ard Comity has I)rralaosed the up(_{r�ic:te of'troc;t light, Ic7c::atet1 on
i'im:! island i�();;acf from Commercial f3milevard nc;artfr approximately one f mus and s;ix
hundred (1 ,(3()01 feat <:ar_; part of their Pine Isi;-arid Improvemorai Project ;-.it no expe"',,;a to
ffae City; ;arid
WHIT. ESE=:AS, Broward (:county proposed that the City of Tam<areac; assume
m ainten<anc; re;r'ponsibilitie:.; of tlic <a(carc race ntioracac.i .treet light : and
`vVI iEIRE.A S, the City of Tamarac hasrc,acrtesic:iy Qarr,.e:i>tr ri m ainteminc e of street lights
m c:oryinc tion with 13rnward Cor_anty or Florida E)c::,I.aartnac:mt of Trarl's urtation improverrae:r�t
proiect;'> m1hin the, City limits; and
WI il-RI-AS, the City of T r nVir;ac: currently rn<airrt;:ainS six (6) street lfght.y in this s,arne
location and the acceptance of this; ;agreement would csllow tear the repl;_acernent of the S(,1
c xi:Jinci street li hat_; ;asp well as thc� nddition of five: (5) mcarc for <a tonal of eleven (11)-, and
I (>mp Reno. # 9830
August (, 2002
Page 2
WHEREAS, energy required to c)f?C.r :.ite these c.devera (11) skeet fights w47r. d result it-)
pan ;acldition;:al antis al expense in the amount of approxirn;-ately $200; and
Wf-tIAREAS, arama<al funding in the amount of $200 exvAs m the general fund account
entitl NJ "i=:lc.7c,tricity-Strec;tV for said purpose; aml
WHEREA.:'>, funds exist in the:, Puhlie: Works lmdget fcar the maintenance of these
street Ights which will ka(:; perlormed can an as needed bast; and
WHEREN-,�, i hrc-, Director of 1 tiblic Works recononends executing the agreement.
with Broward Ccaiinly to maintain the proposed c;lc_,ven (1 1) :-stie et lights; and
WHFREAS, the, (...ity Commission of the City of -1 am amc:, l=lorida deers:; it to be in
the best interE"_;t of the CKizens and rc.midents of the) (34y of Tc:3m aia(; to have the
aforemcmilioned sheet In fo s transferred from Broward County t() t to City of Tarnar;.w
NC)W I.I..IEREFORi 131:; i-I.. RESOLVED BY THE CITY CC..)MMIt>::>l()N OF
OF TAMARAC. FLC) RIDA THAT:
The fear(-,goma j "WHEREAS- c;lrauses are hereby ratified ;and confirrrac:d
as being true Q,-md correct and are hereby made a speciN pail of this Re.sofcation.
S C.; MN 2.. The rE,>rauw al by -Florida Pnvv ;r and i ight of six (6) exi:;fing skeet lights
along Pine Island I'Ar d from Curnmerd al Boulevarci nnrth ;.ipproxirrititely on(.,' thousand
six hundred (1,600) fc. et is HEREBY approved.
SFC.;T ON 3_ The N st;all;ation of c:le)vvi (11) : f-e t lights in the, raraac, location by
Browcard C (.mraty is HEREBY approved.
i
S C,TION 4: The, City officials rare HEREBY MtavSA to execute the
cjreement hcfwc,en 6roward Clcaunty and City Of I KI[Tl 3rnc:. for I rrafficwav Illumination for
We Wand Road frorn Commercial Boulc,vard to Appinmiinately 1600 livot North" with
Br(:aw<ard County, h(.m.,to attached ;;a :; Exhibit "1"
I orrtp Resu 1t 0830
At.sctusi 7, 2002
Page 3
SECT ION `.-: All Resolutionf,,; or p irt�; of resolutions in wriflict herewith are hE )y
rr pc_arrl :ct to the extent of such c:c�nflirt.
SEC; 6 ION C It any prc:.,vi siot_i of this I:.e�>c�lrrtion or tlrc; application thoreof to any
parson or circ:t,grTrs tatice is held invalid, such invalidity not effect rather provisions or'
zlaplir_.� tion, and to this c_>rrd tfic: provisions of tht s resolution are (4-�(J. red to be Severable.
SEC;3 iC:)N I: This Resc�6c�fic�n yi�r�I{ bet:or,�e effective imniedis:fledy upon its passage
ami <rc1c. ption.
PA:>::',I_D, ADOPTE-.D AND APPROVED I HIS 28t" day of AucgUst, 2002-
A FTEST:
t
MARION SVVEN`;0N, CCMC
CITY CLLRIC
i HEREBY CF7RTIFY that I
have appi ovc,(:t this
Ri-_SOLUTION as to form
17CHE-I I.'), KR
CITY AT (...WN1
JC:3`i:PH SCHREIBI I
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST'1,
VIM PORTNER_ _
AYE
DIST 2
COMM_ MISHKIN
AYE
DIST 3:
COMM. SUL.TANOF
AYE
DIST 4:
COMM. ROBERTS
__ABSENT
AGRE-l-.MF.INT
F3c�tween
RF0WAkD COUNTY
and
CI I Y (-)I- TAMARAC
fc�r
TRAFFICWAY ILI,UMINAi-ION FOR PINl_ ISLAND ROAD
FROM COMMERCIAL BOUT-EVARD
TO APPROXIMA I I i Y 1600 FEET I_ NOI"Ti l i
Project No. 5121
AGREF:_Mi=N i
etwecrt
BRCWVARD f CO JN_1 Y
arld
LIMY C)I 1 AMARAC
for
i wv FICVVAY It I IJMINAFION FOR FIINE !.:>I__AND ROAD
FROM (,(')MMF_RCIAL BOUI I,:.VARD
"TO APPROXIMA-1-FLY 1600 1=1=_1: 1 NORTH
1'rc:.Jjc:ct No, 5121
Tlrir; is zan AcJrc omen# mtaric? anti c riterc d irrtc> E:�y <:ar�cJ tac�twF�er� E3RUVtirAM) C OUNIY,
a politic.-ai :>aakxiivlslon of the r;t.jte of IW lorida, its °. rlc;cessors and assigns, hereinaftc:�r
referrc�ci to .aY" s "(C()L.JN_ ," thr()rrcJli its Board of Coalrrty Corrarraissican0rs,
AW
CI I Y OF-LAMARAC, ,� munic:ip}11 corpcarr3tlon Io(:: atc ci in Browarci CCounty, Flc)rsc a,
and organ/(.,d s nd existing under the laws of the state of I=lorida, its sa,ac;cessors sand
assigns, lit rr:in altt:;r referred tc) as "Ml_.JNICIPALI 1-Y "
WITNL (3SI_-111:
WM ff-REAS, I'Ira I, P<:aracf 1Zoad from Commercial Boulevard north, approximately
I E ()() 4E c.t, is a public, tr< fficwc y (h�erPinafte r rc ic:rred to as the, "Trafficw<:ay') looted within
the rr Unicipal boundaric c.>f MUNICIPAI I 1 Y card classified al.; a c:Uuraty road; and
t/1H _REAS. It i:; of mutual benefit to tlac� residents of C()t 1N lY and MUNICIPALITY
to try-3ff1c;w�y by installation and rr7aintenanc;e of lighting systems; and
WHEREAS, MUNICIPAL ITYhas exprt=`;see it-, dr-.sire to as idort ake the mainten;,mce
of the illurnination of ttac: Trafficway, .:and
HDI F�AS, (Vii._JNI( IPAI..ITY, l:ay 6c; ;oiration of its governing body adopted on the
. 'Jay of ' , ZO (� ' , h,-.i,, <,ipproved this IIlmuln,ation of tlac trsaffi(May
.1
with ( )UNTY pursuant to the terms of this Agreement and has rat.ithorized the <:apptoprf ate
offic:er�, of MIJNIC;IF'Al_I lY to execarte this Agreement-, ;and
WI 1I:: A Ata, COUN f Y, by -ac:tion of its Board Of COLInty (.;commissioners on the �..
day of _ t- 4: _ _ 29j2c2. ,leas likewise approved the this liltarn)nation
of the traff)c.wray th MUNK,II'AL I'T.Y and has authorized the appropr late COUN'l Y officers
to execute this Agreement- NOW, THERE.F--ORF.-E,
IN CONCIDLRATION of the mutual terms, conditions, promises, covenants, and
r.myment hereinafter set forth, COUNTY and MUNICIPALI-iY agree as follows:
AF Tlc:;t-[ 1 - DEF=INITION,S AND IDENTItFICA i IONS
1.1 Agreement' "Agrc,(_ rnc,rat" shall mean thi > cioc;tM'aent, Articles 1 through 9, inclt.tsW(.;
Other term,_; and conditiows are included in thk.' cxhibit 7 and dOCUrrients that are expressly
incc f porrat(,ci by reference,
1.2 board: "R o,trd" shall mean the Brovd.ard County Board of County Cc)l�trarir;>ione rs.
1.3 (.'ontrract Adminr.;trrator: "Contract A(Iministrator" shall nu an the Browrar(_i G ounty
Administrator, tho Director of Public Works, or the: designee of such County Administrator
or Director 'the primary responsibilities of the Contract Administrator are to coordiriate�
'Md c nrnrnunictiate( with MUNICIPALITY and to manage and supervise exert_rtion k:arad
compl( tjon of the `7cop(, caf :7( rvic:os and the tc,tnar> and conditions of this Agreement,'is, sc:t
torth herein. In thc� ndrninistration of thi,; Agreement, as contrasted with matters of policy,
:.tll parties may rely on the instructions or determinations made by the Contract.
Administrator; provided, however, that such instructions and determinations do not chtallge
the ti';cope of Serv)Cc'
1 4 !;C)i.,iNTY: "COUNTY" shall mean Broward C;ot.rnty, throt)gh the:: Board, a political
strlodivision of thc: -d ate of Florida.
1-5 (;omity Attorney: "County Attorney„ shall rneran liar: chief legal c:ourlsc�l for COUNTY
who clirec;t:, and supervises the Office of tkac� C:;ot.rnty Attorney i:ot)r:,,trrant to Section 4.03 of
I: ttte::, luward County Charter.
1.0 Mt.JNICIPAt 1-6 Y: "MUNICIPAI..I"1Y" shall mein the City of iAMARAC.
AR T ICt__f= 2 . SCOPE OF SERVIGES
2.1 COUNTY >frral! pic.pare, or caur;c' tro he prepared, sodium vapor design plat -is and
specifications for the illumination of the I r�:afficway. Such plans and specifications sFa�all lae
reviewed and <ipprc,oved by the C,ontr,ac;t Administrator and a representative of
I
MUNIGIF'/AI, I tY and shraII substantially confarrra to the Stand and 5peciiIcatio[Is for Highway
I_ic;kiting est al.ali yhc_.d by the Florida t)(,partr)�ent of I r<ansportation.
2.2 In accorci,ar�c;e with the, `approved de.:sic;n plants and specifications, (,0UNTY shall
install, or c:rm se to be installed, ra lighting sy-stf,nn alone the -I rafficway. hollowing
wt;allation, COUNTY ,.0) all provide to MUNICiPALITY the do:: ign plans, spncif c ations and
warranties, it An
2.:3 MUNICIPAL. l I Y shall immediately take all necessary steps to properly establish an
clectdcal energy account with thc. MUNICIPALITY's crlootrical energy supplier for the
lighting system and shall agree: to pay all electrical energy c;h,arges prior to and after the
initial enerc;i/ing of the lighting system.
2A MUNKAPPUJFY shall nlaintah the lightiryl system along the Trr:afficway in
accordance with t.11(' jpproved desln p Fans and `;pecificiatlons and in substantial
conformance with the Strandard Specifications tear Highway Lightint) adopted by the Florida
10partraaentof Transp(gl;ation. As part of such maintenance responsibility, MUNICIPALITY
,shall keep in good leprak, and replace. detective or worn neat lighting system parts and
cc;riipment wh0hl system parts and equipment shall include, but not be limited to, Doles,
I>rgmina6es, acid c,irc:raitry. MUNICIPALI I Y'S respow-ohility to keep the systc!na, in good
repair shall incla.d(,- call necessmy maintenance, rcp air and replacement of any type or
nature, including, h'It riot limded to, maintenance, rc p° .air and replacement dries to normal
wear and tear, ads of CAW, vandalism and accidents.
b t;()UN 1-Y and NAUNKIPALITY agi(n.:: and understand that th-ro lighting systc:7m, so
irtsk aRle shall rerri,-i ra she property of COUNTY rafter installation ,arid shall not he moved
or relocated with)out the. express written consent ofthe Writrrad AdmHlist rator, aria that this
Agreement 6211 not affect COON I Y':s responsibility for in,:;trallation and mointenance of
traffic control signals and devices along the i r,atticcway.
2,6 Thcrea currently exists lightinc; along a portion of the Trafficway. MUNiCIPALITY
shall be responsibko for gaining the approval of Florida Power and Light for the removal of
dais hghdgj, There atten', COUNTY will coordinate the rorm,wal of that lighting system with
I=lorida Flowor and i._iufit.
ARTIC;L.F 3 COSTS
;; I (;(DUSITY stall be respow;ible for all co:;I;; ;a!: >ocitated with Sf:'ctions 2.1 _rand 2.2,
during the teal, ()I this Agrc5enicnt except as otherwise :s{?c,cificaily set tc.arth herein.
2 MUNICIPA[_11-Y shall be responsrhi, for rail costs with Section 1.3 and
:14, dcanng the terra of this Agreement.
I
AR KLE 4 F RM ANt)--I-rRMiNATION
1 The tc�rrn of this shall begin on the date it IS fully exec;tited by both
parties and shall terminate as provided for tay Sections A°t.2 tk�rot_tgh 4.6 herein below.
4,2 This Agic ement may b(,, terminated for cause by (:.:C)tJNTY, through Faction of the
Board. car t)y MUNICIPAI ITY, upon a thirty (:30) day written notice givc,n by the terminating
I Y MUN1CIPAI..IiY, car COUNTY, corrects
thetbrelatc�h within lthty`(3 0') days rafter wrrittc n nlotice of same, to thc: satisfaction of the
termini atinq party, the Attre,ement shall remrain in full force and effect. if -stac h breach is riot,
corrected and irraf>roved within thirty (30) days of receipt of notice of breach, the terminating
party may ternairac:ate the Agreement. Specifically in the ease of MUNICIPAL-1-1 Y'�;
requireraraent. between Northwc,�st 20`r' Street and Oakland Park Boulevard to maintain the
illuminated rrafficway sand/or to maintain the, beautified Tr<tfficway COUNTY, gat the option
of the, Contract Administrator, may cause, such broach to he corrected Barad imprioved and
bill MUNICIPAi I fY for the costs of such correction and improvemc-ant or terminate this
Agret,nac,rat if COUNTY opts to correct and improve the breach and bill MUNICIPALITY
for same, MUNICIPALITY a;hall then remit to C,(A)NTY the: aricurtt so billed within thirty
(:30) days of MUNICIPALFY'!:, receipt thereof.
4 :3 -i c,rminratiorr of this Agreement for cair_ase shall inclrjdo% but not be lirnitc d to, failure.
1 su ably perform the sc roico^:a requiredttiy fthti: terms �� min, sand frailure of thc:
of thc. , antics to t"
I,<arlic.,i, o c.ontinuousl aerform the suy rvices require y ci c,oraditions of this;
Agreement in ca rnl-innei calculated to rraeet car accomplish the objective: °sc t forth herein,
Yf
notwithstanding whether any such tarn-,,occh was previor.t:>ly waived or cured.
4A This Agreement may be ierminated for convc,nience Iay eithc?r party tipon a thirty
(30) day written notic(.� given by the terrninrating party to the other party. This Agreement
may aiso be tr,rrnira.ated by COUN tY's Contract Administrator upon suc;lr notice as
Contraact Adn'ainistr<atc?r deems appropriratc in the event that the Contract Administrator
detorrnines that tcrrriination is ne:ce:ssrary to protect thc, public: heaitl-t, safety, c--ar welfare.
4.5 In the event this Aclrc;c merit is tc_.rminoh'd for convenience, capon being notifled of
election to ter-rilinrate, the parties shall refrain frc>raa {;E:?rforrlainct furihc;r sr,rlricca ; or irac',urrinct
additional expenses under the terms of this Agreenict-It. MUN1 IFIAI ITYacknowledges,
and that Ten Dollars ($10.00), the ;idequacy of which is hereby acknowledged try
MUNICiPAL1�l Y, is given a s specific ,onsideration to MUNiC:IPALIIY for C.�C�UN T Y's right
to terminate tlai Agreement for convenience,.
4.0 Notice, of terrnin<ation be provided in accordance,--,, 4^ditty Article 6,
herein except that notico of termination i)y Contract Adratinistf ator which Coratrracet
Administrator deems rac_:c f.� ssr:ary to protect the public health, °:;safety, or welfare, may be
✓F�rlaral ncstice which ;:;4a,:i11 k7eT Promptly c;caratirraac c, in writinct ira �acc;c�rclranc;e with Article t:>,
4
"NO-1 herein,
ARTICI. F- 5 CI IANGES IN SCOPE OF SI-RVICES
Any e;hange, to the ScopO c)f :;f3rv1ces, must be accomplished by a written
amendrYacrit, 4.xc..crrted by the parties-, in accordance with Section 9-11 below -
ARTICLE 6 - NO fl(;1
Wtaenever 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 rtagiwr ;ted, or
by hand delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party tor whom it is intended at they place last specified. The place for
giving notice shall remain the, same as set forth herein until changed In writing in the
rla ;a(arrr.'.r pIovide d in this section. I- or they present, the parties desig ite the followir7�
i--(:)R F3ROWARD C OUN�Y:
C:?Irertor
E-rigineering I_)ivisi(Xa
One University 1)rivc!
Plantation, f-lorrdd 33317
i=C)R MUNICIPALITY:
(.city of Tarn'arac:
601 1 Noh I {ill Road
i arral-aroc. Horida 33321
ARTICi:E 7 - INDEMNII-IC;ATIC)N
MIJNIC',IPAt i-1Y is a :slate agency or politic�ai >ulaclivision as defined in C h aptcr-
768.28, A atutes' and agrees to be frilly re.:taorasible for acts and cart-ai s:�ivns of its
Taqu'fat�, car to the extent pe.rrnitted by I,:aw. Nothing he win is intended to scrvc
c:.acs ra mover. of sovereign it arrar.rrrity by any party to wlaic:,ta sc�vc rr;.iclra immunity may be
a l:�Islic:calalty. Nothing herein shall be construed as consent tsy o !:t,ate agency or political
tl.:,(fivi,sicarl c�i tlaE t tc� of F lorid<:a to be;srrf.:;c:i l-ay third parties in any im)tk: r rail sing out of this
AclreMcme nt ()I i:aray otlw: contract.
ARTICLE 6 - IN;;>t.JkANGE
ThF? p<artie,s hereto acknowledge that MUNKCIPALITY is a self- insure.dc: overnmentaI
entity subject to the limitations uf' S(—,.ction 768.28, Florida The MUNICIPAI..I-IY
I
shell ira°stitu e and maintain a fiscally smind and prudent risk inanagement prograrra with
tr:cfr:rrd to its oblyations under this Agreement A accordance witty the provisens of Section
'.N8.28, Florida Statute -
ARTICLE= 9 MISCELLANEOUS
`). i C)WNERSHIP OF C)OC:UMEN f S. Any and all reports, photographs, surveys, and
otile�r (iata and documents provided or created in connection with this Agreement G:arc=> and
r,h.311 rernain the property of COUNTY. In the event of tE.-rnaination of this Agreement, :any
(,,poi ts, photographs, SUfVCyS, and other data and documents prepared by
MUNiCIPALITY, whether finished or Unfinishod, shall become the property of C;()LJN-i-Y
and shall be delivc,md by MUNICiPAE_I-TY to the C r7ntmot Administrator within sem n (7)
days of termination of this Agreement by either party.
cU1 NC)Ni )iSCI�IMINATIUN, F OUAE_. I: MPLCYMEN T UPPO RTUNI IY, AND
AM[_=I:IC,,AN,-73 WITH D[SABILITIE 1; ACT Ml1NICI PALFI-Y shall not urll<awfully di scrrminate
agafmt any IHerson in its operations and ac;tivities or in its uses or exp(:.n(:fiturc: elf funds, in
fulfilliflrf its. obligations under this Afire(.: ment. MUNICIPALITY shall affir nl<ativa.-,ly corraply
with ;.all ipplic;rable; provisions of the Armarm:.am with Disabilities Act (AIM) in Me course of
providing :--my services funded by, i.;OUN 1 Y, a KAuding Wes I and Il of the ADA (reg aiding
rinndi,scriramation on the basis of disalmlity). and all applicable 1'egLJ1 aUcarar7, gui(J(dines, and
standards. In aete:iition, MUNICIPALITY shall take rawrin;ative steps to ensure
nondischmination in employnwc lit agamst disabled pemons.: cac;Ia rac,ticarls -;hail include, but
not he limited to, the followiii(y ern ployn"lefit, upgrading, demotion, transfer-, recruitment
or recruitment advetsing, layoff, termination, raw s of {..gray, other forms of compensation,
terms and conditions of employment, training (induding al: prenticeship), and <accessibility.
t}. I MUNICIPALITY', deci ,;Iowa, i(g<aiding the delivery of sf'rvice,,; irra(,ie f this
Agreement shall be made without regard to or consideration of race, age, religion,
color, gender sexual orientation (Broward County Cod(,!, t hapter �f�'/}, national
otic:iin, marital status, physical or meat it disability, politic. of affiliation, or any other
factor which cannot be lawfully used as r.i tmsis for service delivery.
9,2.2 MUNI(.;Ii'ALI 1-Y shall not engage in or con -unit any dr::acrlrllinatory practice in
viol,-.ition of the; Broward County Human Right;; Act (Broward C:ouraty Code-
Chapter 1611) in performing c:my �::,c,,rvices IaurSuant to this Agreement.
f:3_;� I I IIRC..) PAF TY t t NI:;E=1C;IAIZiL:: Neither MUNICIPA1,J l Y nor COUNI Y intends to
directly car substand ally be:nc ht a third tarty by this Agrcclilent. parties
agfec that there are no third party he eficianes to this Agreem(.., at and thr_at no third party
shall be entitled to assort a dam against either of them hat;;>ed crl.aon thin, Aare G;mt K TThc:
parties exl: to ssly acknowledge that it is not tfadi irate rat to crenate any rights or obligations
in any Had p arson or entity under this Actrc:c rlier;nt.
6
9.4 ASbiC-;NMF NT AND PERF=C)IWANCE. Neither this Agreement nor r-any interest
hi,win shall be a: �;J(ifwd, transferred, or encurnbered by either party. in addition, unless
[wrrraitted herein, MUNICIPALITY shall not subcontract any portion of tlac work required by
ttai.; Agreement. MUNICIPALITY represent, that all persons; c:ielivering the rf rvir;c;s
required by this Agreement have the knowledcte! and skills, either ray training, experience,education, or -_a c;carrabiraation thereof, to adequatc�iy and competently perform the duties,
obligations, and r_;r.Irvices set forth in the Scope of S(.nvicc> and to providE:� rind perform
,:;uch servic.(.->s to C OUNTY'S satisfaction. MUNICIPALITY shall perforn'a it,, duties,
oblio: ations, and ,e;rvic:e. s under this Agreement in a skillful mid I (,, :Stable manner. -1-he
curs.,lity of Mi1NICIFW l"t Y'�; performance and all interim and final product(s) provid('A to or
on k.)ehalf of COUNTY :sla all he, comparable:; to the best local and r7--3tlonal standards.
9,5 MATE--.RIALITY AND WAIVER UI BRL,=A 'H COUNTY and MUNICIPALITY actret�
ih,,il e rch re.quirernent, duty, and obligation set forth laer'ein is subS;tanti�- l and imporfrant to
the formation of thi. Agre: o ment and, therefore, V; r:a MatCrial leirn hc;reof. COUW Y'::�
f�ailrrre to enforce any provision of this Agreement shall not be cic enied a waiver of 'Srirh
provision or modific:;rrtrc�rl of tkals Ac_treemorrt. A waiver of any brc iidi of a provision of this
Agrec�mont Shall not be dc:rc rrreci a waiver of .any subsequent bw ach and shall not be
construed to be a modification of the terms of this Agreement.
9. (3 COMPLIANCE WI-1 H I.AW 7. MUNICif'AH I shall comply with all federal, state,
and lw- al haws, code.;, ordinances, rules, ;anci regulations in performing its duties,
responsibilities, and oblict,at:ic:ar)s purst.rant to this Agreement.
9.7 SEVE RANCE_ In the e verrt ra l)orfion of this; Agre.e;rnerrt is found by a court of
competent jurisdiction to be invalid, the remairairact provisions sh"rll continue to be effective
rrnlc�ss (:J.)UNTY or MUNICIPALITY elects to t(..,i mate this Agrc,em(-:nt. An election to
terrnin�ato this Agrc:c�rnent based upon this provision shall be rn idce within seven (7) days
after the finding by thc:� court becornes final.
3.8 ,JOINT PREPARATION. 1-he partiesacknowledge that they have sought and
received advice and counsel ;.as was neces,,,wy for them to form a full
and conropkle rr oefstanding of tall nrflrt ; and obligations herein and that the preparation
of this Ac we nie_�rri ha'; been tltc it Joint effort. The lanctuage: agreed to f:xFarr :,:�e;'s their
J
mutual intent and the resulting document sl-r<.ail not, c;oleifly as r.a matter ()f judicial
construction, too construr,d more Severely <agairast one of the faoines than the rattier.
9,9 PRIORITY (A PW-)VI IONS, if t1jete is a conflict or inconsistency between any
term, stater-nent, rc quire merit, or provl:;lean of any exhibit attac::hod hereto, any document
o" events referred to herein, or any document incorporated irita this Agreement by
refere:rac;e and a tarsi) ,;t,atc naent, require-ment, car provision of Hwi Agreement, the term,
statenio,,,W, or provision contrained in Articles 1 through 9 of this Agree meat
shall prevail and k,c; c3iven effect.
7
9.10 APPI-ICABI [.-I. AWAND VENUE. Any controversies or legal probierrrs <_arising out.
of thi; transaction Land this I.oase and any action involving the entorcement of
interpretation of ,:uiy rights hereunder shall be submitted to the jurisdiction of the State
courts of the `i-wwc nteent.h .kidicial Circuit of 11roward County, Florida, the venr.le sitUs, and
shall be governed by the laws of the State cif Florida_
g.11 AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written doct.trTac nt.
prepared with the same or similar formality as this Agreement and exe (,uted by tlac� Board
and MUNICIPALITY.
9.12 PRIOR AGREE .MENTS. This document incorporates and includes all prior
negoti;3tioris,correspor,dence, conversations, agie,(c-,,nwnts, and understandingsapplicabie
to the ni atters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter caf this Agreerrient that are
riot contained in this, document. Accordingly, the, parties agree th;.it no deviation from the
tc:;raar,:> hereof shall be predicated upon any prior representations or agreen'ients, whether
oral or written it is further �.igieled that no rricodification, r.unendment or :alteration in the'
lernis or conditions contained herein shall bc? effective unless set forth in writing in
;ircordance with Section 9.11 above.
9.13 iNCORI-101E ATION BY FZE--E="E-RENCE. i ho truth and rac;cr.aracy of each "Whereas"
cl<:atjY;e set forth above is acknowledged by the parties. Any attached c.,xii1bits are
incorporated into and made �=a part of this Agreement.
9.14 Mo~ L I IPI.E ORICyiNAi. S. This Agree:,rrront may be fully executed in fcour (4) copier
by ail parties, ca<ach of which, beating original ...>ignatures, shall have the fcarcE. ;and effect of
an original document.
TI-IIS SPACE.: IN T ENTIONAI_I...Y i..0 i=T BLANK
8
IN WI I-NLSS WNERE01 , the parties he feto have mrade and executed this
Agreement on the respective dues Under each signature, RROWARD COUNTY through
its BOARL) of COUNTY COMMISSIONERS, signing by and through its Chair or Vice
a e by Board action can tine day of
Chair, ��cathorirc�c� to executeseam
.............. .. 20_._�_... and CITY OF TAMARAC, signing by and through its
duly authorized to execute sranae.
ATTEST:
13ROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Adrninistr<ator and Ex-Officio
Clerk of the, Hoard of County BY
Commis5iorxtrs of Broward County, choir
Florid�:a
d:ay of m, 20
Approved as to forma by
office of County Attorney
Broward County, f= lorida
EDWAPI.) A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderd ak-�, Florida 33301
Telephone: (1954) :313'7 600
"t elecopier: (9 4) 35 -6968
By_—-
f=><arfl(da M. Kane
A,;,,->ist:ant County Attorney
I
AGREEIVIL.N] BE-rWEEN BROWARD COUNTY AND CITY Of,, TAMARAC ["'OR
TRAFFICVVAY ILI.UMINATION FOR PINT. ISLAND ROAD I -ROM COMML.RCIAL
BOULEVARD NORTH 1600 FEET
VVIT"NIFSSES'.
ATTEST
City Clcik
(CORPORA I F F)F_AL)
1-1 M K
,.July 29, 2002
wPd
CITY Of-, 1AMARAC
B,
4
Mayor-Commissfolic"r
dJL�
Y of / I t, Y , 2 0(..;,
ri
l�,Ity Manager
'4L (Jay of A"v-4-ST
AF'�R_DVJID AS T, R,
City,
racy
ot �If �_.
m
F R 9978
i X iIBIT 2
s
c•�r � •r w
o
Octobei '.`.. 2002
Mai Amber D'Amato
City r.>l 'imam(;
752 i N.W 88th Avenue
Tam;irr.fc: 11I 33321
`subject: Project. 5121 ImprovE.me"It'-, to Pine Island Fko;:rd,
front Oakland Park Boulev;frd to Commercial B(MI( v;frd.
Agreement fol. Maintc:nanc;e of Illuminati()n
t e;:ar M:,; D'Arnato.
Engineering Division
I f\lr>rtl_I Jr)ive,rsity 1)fiv(1. tlitr' 300B
E'lantcatior�, I l ;i;3;'+74 .}03c',
4555 • FAX (954' `)//-> 338
P,s ac�l((ci I ;zrrt :;enciir7ca yo!.� .I clean cony c f the propo f:.( tc�urth page of the agr( emutlt. r _ e of
refei(imc,(I r,, .fl:,c) ,;ondmg a copy of the <�rtrc e:rn G: nt as It w'ar; ;ipproved by the Tamarac. (: ity c.:ommission.
k:a Ine know if you neer j ;inythmicl elseIapc!nctr r.: for tlu > Inconvemenc(-:
It you have any cicll:: ,tlon:;, i>tt ;( do not hF s.11;311 tr, (,,:,!I me at 954.`.,>/ / 45Yl
"mcerErly,
Wilfrid P.S. Strict(,, P i
Proiect M;:fr'I;:Iloer
cc, Henry P (;()ol 11 r , Director
clt r< (, f of twE -( P `::.., Assistant I )I' c cd(:)r
BROWARD Cc7lfN1Y BOARD OF COUNTY COMMISSicmi-p'i An Equal Opporfumly Fmployer and Provider of S(,mVl c
.i t i, r r r �r rr t „� r n
Visit us on fhr:, Inte,rrtet: www.btC?w(3rk1 ocy
AFC I K_J_E 4 - TERM AND I F-RMINATION
4.1 The fermi of this Agreement shall begin on the date it is fully executed by both
parties rand shall terminate as provided for by Sections 4.2 through 4.6 herein below.
4.2 I his Agreement may be terminated for causc> by COUNTY, ItrrQUgh action of the
Board, or by MUNICIPAE_I-FY upon a thirty (30) day written notice given by the terminating
pnrly to the other party setting forth the breads. It MUNICIPALITY, 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 forcc a -end 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. Specifically in the case of MUNICIPALi I Y's
requirement between Northwest 26`r' Street and Oakland Park Bot_alevard to maintain the
illuminated i"rafficway and/or to maintain the beautified Trafficway COUN T Y at the option
of the Contract Administrator, rrray caause such breach to he corrected and improved and
bill MUNICIPALITY for the costs of such correction and improverYic-.,nt or terminate this
Agreen-rc:.nt. It COUNTY opts to correct and improve the breach and bill MUNICIPALITY
for sarnc:, MUNICIPAL-ITY shall then remit to COUN iY the amount so billed within thirty
(30) days of MUNICIPALITY's receipt thereof,
4.3 i ermination of this Agreement for cause. shall include, but riot be IirYaited to, failure
of the parties to suitably perform the services required by Article 2 herein, and failure of the
parties to continuously perform the services required by the terms and conditions of this
Agreement in a manner calcr.rlated to meet or accomplish the objective-, set forth herein,
notwithstanding whether any such breach was previously waived or cirrc c1.
4.4 1-His Agreement may be terminated for convenience by either [.),arty upon a thirty
(30) dray 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
deterinines that termination is necessary to protect the public: health, safety, or welfare.
4.5 In they event this Agreement is terminated for convenience, upon being notified of
election to terminate, the r)artle s shall refrain fronts pee forming farther services or incurring
additional expenses under the terms of this A(reement. MUNICiFIAI__I_TY acknowledges
and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by
MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUN-FY's right
to terrinate this Agreement for convenience.
4,6) Notice Of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by Contract Adn,iinistrator which Contract
Administrator deems necessary to protect the publics health, safety, or welfare may be
verk;aa_al notice which shi-.all he promptly confirmed in writing in accordance with Article 6,
4
A(.: RL LMENT
Re'tween
BROWAIZD COUNTY
and
(:I I Y OF TAMARAC,
for
TRAFFICVVAY ILLUMINA I ION FOR PINE AND ROAD
FROM COMMI-RCIAL BOULEVAR[)
TO A['PROXIMA I-ELY 1600 FEL: I NOR H i
Project Na 5121
AGRFF'MEN..I.'
Between
BROWARD COUN I Y
And
CITY OF TAMARAC
for
TRAI E= IC",WAY ILLUMINATION FOR PINES 1:")L-AND ROAD
FROM COMMERCIAL BOULEVARD
TO APPROXIMA I"FI..Y 1600 FEET NORTH
F-Iml act. No 5121
This is an A(jW(' rrl(.;n9 made and entercd irflo I:)y <:and between BROVvAkD C OUNTY,
a political subdivision of the state of Florida, its successors and a.ssigns, hc_,rr-inafter
referred to as "COON 1Y," through its Board of County Commissioners,
A N E"")
CI I Of .lAMARAC, a rlau111CW::al (;orpotation located it 1" row�ard County, Florida,
and organIZO'd And existing under the I aw , of the state of Florida, its successor's and
assigns, flert irl,aftc:r referred to as "MUNICIPAL.I 1-Y "
WITNFSSF (Ii:
WHEREAS, Pine Island Road from Cor>' mcrrci<al Boulevard north approximately
1600 feet, is a public, trafficway (hereinafter referrcd to a5 the "Trafficway") loc<_ate�d with Wl
the municipal buundl-, eq of MUNICIPALi f Y and c;l(3 sific,d as a county road, and
WHERE-WS, it is of rnutuai benefit to the re: ,id(. nts ()f C`,OUNTY and MUNICIPAL IJY
to illuminate the:,, tr�afficway by installation �.wd mraintcnance of lightirul systems: (:and
VVh iERFA.S, MUNICIPA[ ..I I Yhas expressed its desire, to undertake the: rTiaintenance
responsibilities of thac: [lit mii irition of the Trafficway, and
VVHF. R -.At> MUNICIPALITY, key resolution of its governing body radopted on the
day c:af 1() 11<.ar <a p roved this Illumination of the tr(afficway
- _- - -- -
with COUNTY pursuant to the towns of this Agi(.cef ient rand has authorized the -1ppropriate
officers of MUNICIPALITY to execute this Agrc-cement; and
WHEREAS, COUN i Y, by action of its Board of County Commissioners on the ,
"�
day of 20t), Iikf;wisFa approved the this illrarrainr_tion
of the: traffic 'y with MI.JNICIPALITY and has authorized the appropriate COUNTY officers
to execute this Agreement, NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
p<aymerit hereinafter set for-th, COUNTY and MUNICIPALITY agree as follows:
ARTIGLt= 1 - DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreerraent" shall mean this dOcunac nt, Articles 1 through 9, inclusive.
Other tc nwi and conditions are included in the exhibits and documents that are expressly
incorporated by rc. fc renc:e.
1.2 Board"Bor:ard" shall mean the Bro ward County Board of County Commissioners.
1.3 Contrac`.t. Adniirri.>trr;ato"Contract Adnairaistr�:ator" shall mean the Broward County
Administrator, the Director of Public Works, or the designee of st.acla (.;c}t.inty Adrr7iraistrator
or Director. The primary rcstac.ansibilities of the Contract Administrator are to coordinate
and corrlmUnicate with MUNICIPALITY and to im.:magc ;:and (',upervise execution and
completion of the Scope of Serviccc<, and the terms and conditions of this Agreement ns set
forth herein. In the adrninistration of this Actreement, as contr.astc:d with matters of policy,
ali parties rraay rely on the instrt.rctions or d terniM atlons, made by the C.;c:antract
Adr-ninistrator; provided, however, that such instrt.ac:;tions and determinations do [lot change
the Scope of S(-_ rvir-c
1.4 COUNTY: "(;0UN-1 Y" shall mean Browrard C;catanty, through the Ror-ard, ra political
subdivision of the state of I_ioridii.
1.5 County Attorney. "County Attorney" shall mean the chief legal counsel for COUNfY
who directs and supervises the Office of the Cotarrty Attorney pursuant tca :->ection 4.03 of
the Browarcl County Charter.
arter.
1.6 MUNIC IPAI. I C'Y "MUNICIPAL-I-i Y" shall mean the City of "tAMARAC.
ARTIGI L"11 2 - SCOPE OF f E—RVICE S
1.1 COUNTY shalt prepare, or c<atase to be prepared, sodiurn vapor design plans and
�t�c cific atiora.; for the illumination of the 1 rafficway. Such plain; rand specifications shall be
revic we,,d and approved by the Contract Administrator ;,Md a representative=, of
0
MUNICIPALITY C-and shall subst anti ally conform to th e ")'tandard Specifications for I iighway
i_..ightrng establishc,cd by the Florida Department of I r(ansportation.
2.2 !n _accordance with the approved de-.sigra plans and spc c::ifacations, COON 1 Y shall
install, or manse to be installed, a lighting system <alorag the i rafficway. Fallowing
installation, COUNTY shall provide to MUNICIPALITY the desictn plans, specifications and
warranties, if any.
2.3 MUNICIPALI 3Y shall immediately take i=all necessary >tcps to properly E ;-;tablish an
electrical energy account with the MUNICIPALITY's electrical energy supplier for the
lighting system and shall rrctree to pay all electrical energy charges prior to and after the
initial energizing of the lighting system.
2.4 MUNICIPALITY shall maintain the lighting system along the Trafficway in
accord<:arice with the a'ipproved design plans and specific<:ations and in substantival
conformance with the Standard Spc�cific,r.itions for Highway L.ightiracf adopted by thcr Florida
Depa�utrnentofTranspot t,:ation. As part ofsa.achmaintenanceresponsibility, MUNI(::if-'AI.ITY
shall keelo in good repair, and replace, defective car worn out Iigh7tirac.t systen'a parts :and
equipment which ;ystem parts and equipment shall include;, bUt not be lir7aitc:d to, poles,
luminaries, rand circtaitry MUNICIPALITY'S responsibility to keep the >ystern, in good
repair _;Iar:all include all nc-�cf�ssary maintenrance, repair and replacement of any type or
n turE? including, but not limited to, maintenance, repair and rc: lalrwement clue to normal
wedi, and tear, acts of God. vandalism and accidents.
2.5 C.OUNTY and MUNICIPALITY agree and understand that the lighting system, so
installed, shall remain the property of COUNTY after installation and shall not be moved
or relocated without the exprr,!.,s written consent of the. Contract Adnaini.:�trrator , and that this
Agreement shall not affect GOUNTY's responsibility for installation sand r-naintenance of
traffic control signals and devices along The Trafficway.
26 h here currently exists lighting along ra portion of the l F afficway. MUNICIPALI t Y
shall be responsible for gaining the approval of Horida Power and Light for the removal of
this lighting. Thereafter, COUNTY will coordinate the renown of that lighting system with
Florida Power and Light.
ARTICI---E:: 3 - C O.) 3 I S
,, 1 COUNTY shall Irae responsible for all costs associated with Sections 2.1. and 2.2,
during the term of this Agreerrient, e xcc::pt as otherwise: spec.j ically set fordo herein-
3.2 MUNICIPALITY shall h-)e rc>spcfnsible for all costs ass ocfated with Section 2 '3 and
2,4, clUting the term of this Agreement.
I
ARJ'ICI.._E=: 4 -- i I W AND TERMINATION
4.1 I.-ie tern, of this Agreement shall lx:;c,irt can tttc; date it is fully executed by both
parties and shall .as provided for by Sections 4.2 through 4.6 herein bclow.
4.2 This Agreement may be terniinrrted for cause by COUNTY, through action of the,
Roc ard, of by MUNiCIPALITY, upon a thirty (30) clay writtert notice (.liven by the terminating
party to the othc;r 1.7c'arly scatting forth the breach. If MUNICII-'Al-I-tY, or COUNTY, corrects
the breach within thirty (30) days after written notice of same, to the satisfaction of the
terminating party, the Agreement shrill rernt ,vn in full force and effect. If' such breach is not
corrected and improved within thirty (30) clays of receipt of notice of breach, the terminating
p,'Wy rrtr:ty le rminate the= Agreement. Specifically in the case of MUNICIPAt...ITY's
rec;crirc n'ient between Northwest 26t" Street and Oakland PHrk 1,io..rlevard to maintain the
illt,rrnrra�;atc,ci I raffacway randlor to maintain the beautified ' rafficway COUN f Y, at the option
of the Contract Ac; ministr<ator, rnray cause, such breach to be corrected ':arid improved and
hill MUNICIPAL--i-1 Y f(,:)r the costs of s.;rtch correction and irnprovernent or tt!rrrainate this
Agreen-tent. If COUNTY opts to correct and irnprove the breach and bill MUNiC;IPAi_ITY
for same, MUNICIPAL.i-t.Y shall then refult to COUNTY the ar-nount so bided within thirty
(30) days, of MUNICIPAI I i Y'r-.; receipt thereof.
Zf 3 i r rrttination of tktis Agreement for cause shall irac;ludc,, k>rrI root he liratitcd to, failure
eft the' to SL.aitrat)Iy perform the services requlrc>d by Article- 2 herein, and failure of the
L�r;ariic :r to c:ontim..rot-vdy pFarfornt the services required by the' terns taracl conditions of this
A(,rc c rrtc,rlt Irr r_a ITIFartrtc'r c r-alculrated to meet or accomplish the,, oble(,lrve se_,,t forth herein,
rtotwitlist(:andinq whother any such breach was previously waived or cured.
4.4 l his:; Agrec?rnent May be terminated for convenic�nc,e by either p<arly upon a thirty
(30) day written notice given by the tc,:fminatiny party to the other party. This Agreement
may also be terminated by COUNTY'!, Contract Administrator upon such notic;e as,
Contract Administrator deems appropriate in the event that the Contract Administrator
determines that termination is necessary to protc;:ct the public health, safety, or welfare,
/I In the (,vent th-s Agreement is terminated fear c:;caravc nienc.c? Upon being notified of
election to terminate:, the parties sftrtil refrain frorn perforr-ning further services or incurring
additional (-:xpcnFes undc_•r the tc>rms of this; Agreement. MUNICIPAt...ITY acknowledges
sand agrees that -I crt Doll ars ($10.00), the r:idequacy of which is hereby a-ckraowic(iged by
MUNICIPAL c_; MUNICIPALITY, is givre as specific consideration to MUNICIPALI l Y for C OUNi Y's right
to tE�I-Mir'IAtP this Acjreemcent for c:onvcnicrrtcc..
4.5 Notice of termination shall be provided in :ac:corcf ancc with Article 6, "NOTICES,"
herein except that notice of termination by Contract Adinimsh aior which Contract
Ac ministrator deents, necessary to protect 0-le public hesalth, safe ty, or welfare may be
verbal notice which shall be promptly confirmed in writing in rac;c.ord<:anc e with Article (3,
4
"NOTICES," herein.
ARTICLE 5 Cl 1ANGFS IN SCOI'L_- OI :,I..RVICES
Any ccharage to the Scope of Services must be accomplished by ;a writterl
amendment, executed by the parties in -accordance with Section 9.11 below.
ARTICLE 6 - NOTICES
Whenever eithef party desires to dive notice to the othe r, such notice must be in
writin�:1, sent k;ay certitied United State=y M�ii1, 1)o.�tagE prepaid, rc f.tarr4 receipt recft.rested, or
by h araci-delivery with a request for a written rccceipt of acknowledgment of delivery,
�acidressed to the Marty 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 sE cation. f or ttao_ prc_;sc rat the p artl(,s; d signate the following:
FOR BROWARD COUN i Y:
C)irector.
Engineering Division
One University Drive
Plantation, Florida 33317
I=OIL MUNICIPAI VT Y
City of Tamarac
6011 Nob I Ill[ Road
Tamarac. Florida 33321
ARTICLE 7 - INDEMNIFICATION
W.1NICIF'ALITY 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
�loerats or can-rployE�c-?s to the extent pert-nitted by 1<aw. Nothing herein is irate lldud to sc?rv(?
as n waiver of sovereign irramuriity by any party to whicta sovereign irnnac.rnity may he
-applicable., Nothing herein shall be construed as consent k)y 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.
AR-i ICI_F= & - INSURANCE
URANCE
I hc, p artic s i-lereto r::ac;knowI(,,?dctc, that MUNICCIPAI.ITY i<-, a: c Ii in>circ dc�ovc.rnraaental
entity subject to the limitations of Section 768-28, Florida ;statutes. I rie MUNIC.;IPALI_I.Y
I
shall Institute and r7l<"airTt ;ilrl 0 fiscally s() Hhj and prl.d(,nt risk manag(_nle'nt program with
regard to it.; :,obligations undw this Agme;rnent in accordans: with the provisions of Section
768-28, f lorid a Statutes-
ARTICI_l- 9 .. MISCE-1-1 ANILOUS
13.1 OWNERSHIP OF DOCUMENTS. Any and all reports, phMographs, surveys, and
other data and documents provided or crcate:d in connection with this Agreement are and
Mail rc fnaHi the property of COUNTY. in tho event of termination of this Agreement, any
reports, photographs, surveys, and oVer data aw.1 documents prepared by
MUNICIPAL I fY, whether finished or unfinished, shall becon-ie the property of COUNTY
and shall be de:liv(,,ried by MUNICIPALITY to the Contract Adrrlinistrator within seven (7)
days of terns n awon of this Agreement by either party.
c:).2 N0NI:)1CI�IMINA.TION, 1EQUAL I:MPL.0YME141 OPPORTUNITY, ANED
AME F� i(,ANC=> WI I-H DISAI31L.1.1 IF,,S ACI'. Ml-1NiCAPALl i Y :_silr-ill riot unlawfully ciiscrirrtinate
agrairw! any Pusan in its c_>I.HN atfons and G.ictivities or in is use c.y expendita e (A funds in
f, Agreement. MUNiCIF� Iiti I Y shaiADAff rm the ly comply
fulfilling ri.� obligations e,.lncfc:r tfif.:> y
with all apl.�hs:inle� Provisions of the Americans with nr. a ( ) of
1- ioviding any s(;rvu c .-, funded by COUNTY, inc huffing "t itles I and II of the ADA (regarding
nondiscriminahnn on the basis of di ;<:af. dAy). and all applicable regul�-atIOIIS, guidelines, rand
standards. Irl addition, MUNiC;IPALITY shall take affirmative; steps to (-nsure
rlondi scrirriirlali(.ari irl er7)pioyrnerit ,igainst disabtd F.ac rsons. Such actions shall nu Its(: e, but
not he lirllited to, the follc:7winct (>rrlpioyme'nt, upgrading dc_irnntian, transfer, r( c;ruitment
or i(:cruitinent adverhsmg. l ayoU, termination, rates of pray, cattier forms of c;ompe.nsation,
tc Hn s and conditions of employment, trakiing Onclr_rdkjj apprenticeship), and accessibility.
9,I. i MUNICIPALITYs decisbns regarding the delivery of services under this
Actreornent shall be made without regard to or consrcieration of race, acre, religion;
colcar, gender, sexual uric>nWhon (Broward County Gode, Chapter 16'/1), national
origin, marital status, physical or ruental disability. IwAticral affiliation, or any other
factor which cannot I)e lawfully us(_�d as a basis for s(:arvice delivery.
9.2.2 MUNIC CI PAL V Y" shall r'i(.-)t engage in or c onmoR any discrinlin<atory practice n1
violation of the Broward County I-tumsri Rights Act (Brow<ard County Code,
Chapter 161) in performing any services pursMarlt to this AgrE;enT( nt.
9— 1 1-ilia:? PARTY BI NF-f IUARiE;;, Nc Ether Ml.1NIC;IF�AL.9 iY norC: OI.1N 6Y intends to
rifrc?(-;Hy or substantially bunc ht. <-a third party by this Agreement, I he:refoav the park-,,
agrc:i(i flint Were are no third party benef d arie_s to this Agrcem(int and that no third pasty
shall he c>rltitled to assert a c hirn against elier of them based upon this Agreement TO
partiE�s expfessly acknowledge that it is not their intent to cre;ite any rights or obligation'5
"i any third person car (entity under Uds Agreerrumt.
0
9 /3 ASSIGNIVIFN i AND PERFORMANCE Neither this Agreement ncx any interest
hu,iein shall Ix: ,:assigned, transferred, or encumbered by either party, In addition, unless
permitted herein, MUNICIPALITY shall ncat sa.abc;ontract any portion ofthe work iequired by
this Acimc—'�mient. MUNICIPALITY represents that all persons delivering the services
required by this Agf(-;ernent have the: knowledge and skills, either by tmininq, experience,
education, or a combination thereof, to adequately ,and competently perform thc, duties,
obligations, -.and sE>rvices set forth in the Scope of Services and to provide and perform
such services to COUNTY's satisfaction. MUNICIPALITY shall perform its duties,
obligations, and service's under this Agreement in a skillful and respectable manner. The
r1(r._ality of MUNICIPAI. iTY's performance and all interirri and final prodrrr t(s) provided to ar
on behalf of COON I Y shall be comparable to the best local and national Standards.
9 `) MATE RIAL-I I Y AND WAIVE"R OF BREACI I. COUNTY and MUNICiPALITY '-agree
that each requitement, duty, and obligation set forth herein is substantial and important to
the formation of t1wil Agreement and, therefore, is a mote cal terns hereof. COUN fY's
f�allure to enforc:E: zany provision of this Agreement shrill riot be deenied -I waiver of seacha
provision or modification of this Agreement. A waiver of any breach of r_a provision of this
AgreerYient shall not h(-; do orned a waiver of any subsequent breach and ,,har;al{ not be
construed to be a of the terrnr; of this Agre::ernent.
9.6 C_:(")MPLIANCI_. WI-1-1 f LAWS. MUNIC:If'ALiTY shall comply with ail federal, state,
and locr'al I<aw s, codes, ordinances; rules, rand regulations Hi performing its cftrties,
reasponsibilities, rand obligatI011S I)rarsuant to this Agreement.
9. T S17VERANCC. In th(-,,, event a portion of this Agreement i:;; fOUnd by a court of
cornr)c:�tentjurisdiction to invalid, the renaalnrng provisions shall continue to be c..ffective
unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to
ternainatE: this Agree ii it based upon this provision shall be made within seven (I) days
after thea finding by the coarrt hecomes final.
9,8 JOIN i PREPARA_1 i0N. The parties acknowledge that they have sought Tand
received wh;,atevor competent �advicer and counsel as was necessary for them to forn-a a full
and completc:> widerstandincl of gall rights and oblicaatic' ns herein <and tha<at the preparation
of this Agrc_e�rrac:nt has beery their joint effort. Tlic language agreed to Expresses their
mutual intent and the rF:suiting docurn(arat shall riot, solely r,a s <a matte" of ja.acfrr:ir:ai
construction, be constrrrc�d more severely racararnst one c:af the prartims. than the other.
9.9 PRIC)F�TY 01 11MVISiONS. It there Ir, a conflict or, inconsistency between Cany
term, t:atc r:cent, rectraircariac>nt, or pr0viS;0r) of zany exha bit att.ac h(e d hereto, any dc)crrnaent
or evc-'ants referred to herein, or any document inc;orporatc.>d into this Agreement by
Ic:ference and ra tc::rrra, statement, rc?ciuirement, or ptuvisio ra of this Agreen-iont, ihe, terra,
statement, requirement, or provision contained in Articles 1 through 9 of this Agreemc:!r1t.
sfa,all prevail and be:.a clivear, affect.
7
9."I0 APPLICABLE C...AW AND VENUE.. Any controversies or legal problems arising out
of this tr'-3nis<ac:tion drid this Lease and any action involving the enforcement or
interpretation of any rights hereunder _ Iaall be submitted to the jurisdiction of the Sttate
COUrts of the Seventeenth Judicial Circt.rit of Broward County, Florida, the venue situs, and
shall be, governed by they laws of the State of Florida.
9.11 AM[ NC)MEN i S. 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 MUNICIF'At, iTY.
9.12 PRIOR AGREEMENTS. This; document incorporates and includes all prior
ne:.)Otiations,corresporadence, conversations, agreerricrats,,arid rrnderstandingsapplicabie
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 ("orat,airled In this docurne:nt. Accordingly, the parties agrees thr;:rt no do viatron from the
terms, hc;rcot shall be predicated upon any prior, repress--�ntations or ragre.enaents, whether
oral or written. It is lurther agreed that no modification, �:smendn'ac_>nt or raltc-�ration in the
terms or conditions contained here; in s.hall be effective unless set forth in writing in
accordance. with Section 9.11 above:
9.13 INCORPORATION BY RE:FF="RENCI'F-=. The: troth and accuracy of each "Where>�as"
clause set fm1h above is =ac knowi(dged by the parties. Any attached cxhihits ,are
mc,c)[por<ated intca eanc.i iairadc' ra t:a<:art of this Agreement.
_). 1�1 MUl_i IPi. I C)( IC:;lNAI S. This Agreement May be. fully executed in four (4) copies
by all pealtiF e_rC_acla of whir;h, tacarirac original sianatures, shall hravc, the,, force and effect of
.an original doct.arrent.
I I HS SI"ACE IN i L'_N f IONALLY LEFT BLANK.
II
IN WITNESS WHEREOF, the parties i etuto have made and executed this
Agreement ran the fospec.tive dates under each signature' BROWARF) COUNTY through
its BOARD 01= COUNTY COMMISSIONERS, signing by maid through its Chair or Vine
Chair, authorized to execute sarne by Board action art the day of
20 , and CITY 01- TAMARAC, signing by and through it:,
duly authc:arized to execut(a same.
County Administratur and t:x-Officio
Clerk of the Board of County
Commissioners of Broward County,.
Horidrl
9
BROWARD COUNTY, through its
BOARI)OF COUNTY
By
Chair
(-ay t......__.._._. , 20
Approver; as to form by
Office of County Attorney
Broward County, Florida
FPVVARD A DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
I ort Lauderdale, Florida 33301
Telephone: (954) 357-7600
-T elecopier: (954) 357-6963
1'
By -_
Pamela M. Kane
Assistant C Crony Attorney
AGRLEWN-1 Ifl-ITWELN BROVVARI_ COLJN1Y ANL) CITY 01 _IAMARAc FOR
TRAFFI(-'V'V,I\Y ILJ UMINAHON FOR PINE 1,SIAND ROAD FROM COMMERCIAL
BOULEVARD NOR'l H 1600 FFFT
VVITNFSSLS.
Ur
117
. . .... . .... ....
ATTEST,
City Clerk
((.',(.)RP0RATE -,L_AL)
PM K
July 29, 2002
11 \[)/\ 1 A\D1V2\PMK1PN1K,02Vig \1;vneif r (,, c, -iclli.aOl vv[)(i
CITY OR TAMARAC
ByR.
MayOr-COMMISSIOrIff
day of 20
City Manage(
day of 2(�
APPROVED'AS TO FORM.
13Y
City �tforney
10
,ro-Ap Rr T 3 EXI HRI
I WA, tso.
AGREEML..NT
Between
BROWARD (-.'(.)t.JNTY
and
CITY Of" TAMARAC
for
OR PINE ISLAND ROAD I RAFFIGVVAY II.A.-UMINATION F'
FROM COMM ERC'IAL, BOULEVARD
-V0 APPROXIMATL-1.Y 1600 FEET NORTH
Project No. 5-121
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
TRAFI=ICWAY ILLUMINATION FOR PINE ISLAND ROAD
FROM COMMERCIAL BOULEVARD
TO APPROXIMATELY 1600 FEET NORTH
Project No. 5121
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD
FROM COMMERCIAL BOULEVARD
TO APPROXIMATELY 1600 FEET NORTH
Project No. 5121
This is an Agreement made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter
referred to as "COUNTY," through its Board of County Commissioners,
on
CITY OF TAMARAC, a municipal corporation located in Broward County, Florida,
and organized and existing under the laws of the state of Florida, its successors and
assigns, hereinafter referred to as "MUNICIPALITY."
WITNESSETH:
WHEREAS, Pine Island Road from Commercial Boulevard north approximately
1600 feet, is a public trafficway (hereinafter referred to as the "Trafficway") located within
the municipal boundaries of MUNICIPALITY and classified as a county road; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY
to illuminate the trafficway by installation and maintenance of lighting systems; and
WHEREAS, MUNICIPALITYhas expressed its desire to undertake the maintenance
responsibilities of the illumination of the Trafficway; and
WHEREAS, MUNIC PALITY, by resolution of its governing body adopted on the
day of b ►f - , 20 0d , has approved this illumination of the trafficway
1
with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate
officers of MUNICIPALITY to execute this Agreement; and
WHEREAS, COUNTY. by action of its Board of County Commissioners on the
day of , 20 _ , has likewise approved the this illumination
of the traffi&aywith MUNICIPALITY and has authorized the appropriate COUNTY officers
to execute this Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreement" shall mean this document, Articles 1 through 9, inclusive.
Other terms and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board: "Board" shall mean the Broward County Board of County Commissioners.
1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County
Administrator, the Director of Public Works, or the designee of such County Administrator
or Director. The primary responsibilities of the Contract Administrator are to coordinate
and communicate with MUNICIPALITY and to manage and supervise execution and
completion of the Scope of Services and the terms and conditions of this Agreement as set
forth herein. In the administration of this Agreement, as contrasted with matters of policy,
all parties may rely on the instructions or determinations made by the Contract
Administrator; provided, however, that such instructions and determinations do not change
the Scope of Services.
1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political
subdivision of the state of Florida.
1.5 County Attorney: "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 MUNICIPALITY: "MUNICIPALITY" shall mean the City of TAMARAC.
ARTICLE 2 - SCOPE OF SERVICES
2.1 COUNTY shall prepare, or cause to be prepared, sodium vapor design plans and
specifications for the illumination of the Trafficway. Such plans and specifications shall be
reviewed and approved by the Contract Administrator and a representative of
Pa
MUNICIPALITY and shall substantially conform to the Standard Specifications for Highway
Lighting established by the Florida Department of Transportation.
2.2 In accordance with the approved design plans and specifications, COUNTY shall
install, or cause to be installed, a lighting system along the Trafficway. Following
installation, COUNTY shall provide to MUNICIPALITY the design plans, specifications and
warranties, if any.
2.3 MUNICIPALITY shall immediately take all necessary steps to properly establish an
electrical energy account with the MUNICIPALITY's electrical energy supplier for the
lighting system and shall agree to pay all electrical energy charges prior to and after the
initial energizing of the lighting system.
2A MUNICIPALITY shall maintain the lighting system along the Trafficway in
accordance with the approved design plans and specifications and in substantial
conformance with the Standard Specifications for Highway Lighting adopted by the Florida
Departmentof Transportation. As part of such maintenance responsibility, MUNICIPALITY
shall keep in good repair, and replace, defective or worn out lighting system parts and
equipment which system parts and equipment shall include, but not be limited to, poles,
luminaries, and circuitry. MUNICIPALITY'S responsibility to keep the system, in good
repair shall include all necessary maintenance, repair and replacement of any type or
nature, including, but not limited to, maintenance, repair and replacement due to normal
wear and tear, acts of God, vandalism and accidents.
2.5 COUNTY and MUNICIPALITY agree and understand that the lighting system, so
installed, shall remain the property of COUNTY after installation and shall not be moved
or relocated without the express written consent of the Contract Administrator, and thatthis
Agreement shall not affect COUNTY's responsibility for installation and maintenance of
traffic control signals and devices along the Trafficway.
2.6 There currently exists lighting along a portion of the Trafficway. MUNICIPALITY
shall be responsible for gaining the approval of Florida Power and Light for the removal of
this lighting. Thereafter, COUNTY will coordinate the removal of that lighting system with
Florida Power and Light_
ARTICLE 3 - COSTS
3.1 COUNTY shall be responsible for all costs associated with Sections 2.1. and 2.2,
during the term of this Agreement, except as otherwise specifically set forth herein.
3.2 MUNICIPALITY shall be responsible for all costs associated with Section 2.3 and
2A during the term of this Agreement.
3
ARTICLE 4 - TERM AND TERMINATION
4A The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for by Sections 4.2 through 4.6 herein below.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by MUNICIPALITY, upon a thirty (30) day written notice given by the terminating
party to the other party setting forth the breach. If MUNICIPALITY, 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 MUNICIPALITY for the costs
of such correction and improvement or terminate this Agreement. If COUNTY opts to
correct and improve the breach and bill MUNICIPALITY for same, MUNICIPALITY shall
then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's
receipt thereof.
4.3 Termination of this Agreement for cause shall include, but not be limited to, failure
of the parties to suitably perform the services required by Article 2 herein, and 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 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.
4.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges
and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by
MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right
to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by 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 6,
51
"NOTICES," herein.
ARTICLE 5 - CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6 - NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or
by hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Director
Engineering Division
One University Drive
Plantation, Florida 33317
FOR MUNICIPALITY:
City of Tamarac
6011 Nob Hill Road
Tamarac, Florida 33321
ARTICLE 7 - INDEMNIFICATION
MUNICIPALITY 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 8 - INSURANCE
The parties hereto acknowledge that MUNICIPALITY is a self -insured governmental
entity subject to the limitations of Section 768.28, Florida Statutes. The MUNICIPALITY
X
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 9 - MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are and
shall remain the property of COUNTY. In the event of termination of this Agreement, any
reports, photographs, surveys, and other data and documents prepared by
MUNICIPALITY, whether finished or unfinished, shall become the property of COUNTY
and shall be delivered by MUNICIPALITY to the Contract Administrator within seven (7)
days of termination of this Agreement by either party.
9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate
against any person in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply
with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of
providing any services funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, MUNICIPALITY shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but
not be limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of compensation,
terms and conditions of employment, training (including apprenticeship), and accessibility.
9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age, religion,
color, gender, sexual orientation (Broward County Code, Chapter 161/2), national
origin, marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully used as a basis for service delivery.
9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16'/2) in performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends 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.
6
9.4 ASSIGNMENT AND PERFORMANCE_ Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party. In addition, unless
permitted herein, MUNICIPALITY shall not subcontract any portion of the work required by
this Agreement. MUNICIPALITY represents that all persons delivering the services
required by this Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Services and to provide and perform
such services to COUNTY's satisfaction. MUNICIPALITY shall perform its duties,
obligations, and services under this Agreement in a skillful and respectable manner. The
quality of MUNICIPALITY's performance and all interim and final product(s) provided to or
on behalf of COUNTY shall be comparable to the best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY agree
that each requirement, duty, and obligation set forth herein is substantial and important to
the formation of this Agreement and, therefore, is a material term hereof. COUNTY's
failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
9.6 COMPLIANCE WITH LAWS. MUNICIPALITY shall comply with all federal, state,
and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.7 SEVERANCE. In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
9.8 JOINT PREPARATION. The parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them to form a full
and complete understanding of all rights and obligations herein and that the preparation
of this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 9 of this Agreement
shall prevail and be given effect.
7
9.10 APPLICABLE LAW AND VENUE. Any controversies or legal problems arising out
of this transaction and this Lease 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.
9.11 AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by the Board
and MUNICIPALITY.
9.12 PRIOR AGREEMENTS. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, the parties agree that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. 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 9.11 above.
9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
clause set forth above is acknowledged by the parties. Any attached exhibits are
incorporated into and made a part of this Agreement.
9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in four (4) copies
by all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
THIS SPACE INTENTIONALLY LEFT BLANK.
8
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 Chair or Vice
Chair, 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:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex-Officio
Clerk of the Board of County By
Commissioners of Broward County,
Florida
Chair
day of
.20
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
'. A
9
Pamela M. Kane
Assistant County Attorney
-AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD FROM COMMERCIAL
BOULEVARD NORTH 1600 FEET
WITNESSES:
ATTEST:
City Clerk
(CORPORATE SEAL)
PMK
July 29, 2002
H,\DATA\DIV2\PMK\PMK02\Agree\Tamaraclil.a01.wpd
CITY OF TAMAR.1 C
Y
Mayor -Commissioner
/BY
iK
day of 0 0Z.jy . '.-., 20
ity Manager
day of %a&=C , 20Q�
B"RD
NTY
2003 FEB - 3 PM 2= 21
Public Works Department
ENGINEERING DIVISION F CITY s� LAMA ��
1 N. University Drive, Suite 300B • Plantation, Florida 33324-2038 • 954-577-4555 • FAX 954-577-2338 CITY �� ��
January 28, 2003
Ms. Amber D'Amato
City of Tamarac
7525 N.W. 88th Avenue
Tamarac FL 33321
Subject: Project 5121. Improvements to Pine Island Road,
from South of Oakland Park Boulevard to North of Commercial Boulevard.
Agreement for Maintenance of Illumination (for Portion in Tamarac).
Dear Ms. D'Amato:
Attached please find your original copy of the fully executed Agreement, covering the Maintenance of the
Illumination of the portion of Pine Island Road within the municipal limits of the City of Tamarac.
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
Jihad El Eid, P.E., Director, Traffic Engineering Division, w/copy
Norman Gero, Landscape Architect, w/copy
Luce Augustin, w/original
Joseph Martin, P.E., Craven, Thompson & Associates
file: \5121agmt.wpd
Bro> Ward 0 dt 8d pp f'l rSr1�tllIssioners
Josephus Eggelletion, Jr. Ben Craber •Sue Gunzburger • Knstl 34"6dbs • Ilene 1.1L�60man » 0, Noma I�atrlsh John E. Rodstrom, Jr. • James A. Scott • Diana Wasserman -Rubin
W Ww.brgward':org
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD
FROM COMMERCIAL BOULEVARD
TO APPROXIMATELY 1600 FEET NORTH
Project No. 5121
2M? DEC -9 Pf4 O
RECEIVED
ENGINEERING
21I2 DEC 31 AM 10- 4 2
RECEIVED
ENIGINEERING
203 JAN 23 AM 10.. 08
RECEIVED
ENGINEERING
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD
FROM COMMERCIAL BOULEVARD
TO APPROXIMATELY 1600 FEET NORTH
Project No. 5121
This is an Agreement made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter
referred to as "COUNTY," through its Board of County Commissioners,
. K
CITY OF TAMARAC, a municipal corporation located in Broward County, Florida,
and organized and existing under the laws of the state of Florida, its successors and
assigns, hereinafter referred to as "MUNICIPALITY."
WITNESSETH:
WHEREAS, Pine Island Road from Commercial Boulevard north approximately
1600 feet, is a public trafficway (hereinafter referred to as the "Trafficway") located within
the municipal boundaries of MUNICIPALITY and classified as a county road; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY
to illuminate the trafficway by installation and maintenance of lighting systems; and
WHEREAS, MUNICIPALITYhas expressed its desire to undertake the maintenance
responsibilities of the illumination of the Trafficway; and
WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the
day of 0'/&-1b-e-K , 20 Off, has approved this illumination of the trafficway
1
with COUNTY pursuant to the terms of this Agreement and has authorized the appropriate
officers of MUNICIPALITY to execute this Agreement; and
WHEREAS, COUNTY, by action of its Board of County Commissioners on the
day of , 20 , has likewise approved the this illumination
of the trafficway with MUNICIPALITY and has authorized the appropriate COUNTY officers
to execute this Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreement" shall mean this document, Articles 1 through 9, inclusive.
Other terms and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board: "Board" shall mean the Broward County Board of County Commissioners.
1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County
Administrator, the Director of Public Works, or the designee of such County Administrator
or Director. The primary responsibilities of the Contract Administrator are to coordinate
_and communicate with MUNICIPALITY and to manage and supervise execution and
completion of the Scope of Services and the terms and conditions of this Agreement as set
forth herein. In the administration of this Agreement, as contrasted with matters of policy,
all parties may rely on the instructions or determinations made by the Contract
Administrator; provided, however, that such instructions and determinations do not change
the Scope of Services.
1.4 COUNTY: "COUNTY" shall mean Broward County, through the Board, a political
subdivision of the state of Florida.
1.5 County Attorney: "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 MUNICIPALITY: "MUNICIPALITY" shall mean the City of TAMARAC.
ARTICLE 2 - SCOPE OF SERVICES
2.1 COUNTY shall prepare, or cause to be prepared, sodium vapor design plans and
specifications for the illumination of the Trafficway. Such plans and specifications shall be
reviewed and approved by the Contract Administrator and a representative of
K
MUNICIPALITY and shall substantially conform to the Standard Specifications for Highway
Lighting established by the Florida Department of Transportation.
2.2 In accordance with the approved design plans and specifications, COUNTY shall
install, or cause to be installed, a lighting system along the Trafficway. Following
installation, COUNTY shall provide to MUNICIPALITY the design plans, specifications and
warranties, if any.
2.3 MUNICIPALITY shall immediately take all necessary steps to properly establish an
electrical energy account with the MUNICIPALITY's electrical energy supplier for the
lighting system and shall agree to pay all electrical energy charges prior to and after the
initial energizing of the lighting system.
2.4 MUNICIPALITY shall maintain the lighting system along the Trafficway in
accordance with the approved design plans and specifications and in substantial
conformance with the Standard Specifications for Highway Lighting adopted by the Florida
Department of Transportation. As part of such maintenance responsibility, MUNICIPALITY
shall keep in good repair, and replace, defective or worn out lighting system parts and
equipment which system parts and equipment shall include, but not be limited to, poles,
luminaries, and circuitry. MUNICIPALITY'S responsibility to keep the system, in good
repair shall include all necessary maintenance, repair and replacement of any type or
nature, including, but not limited to, maintenance, repair and replacement due to normal
wear and tear, acts of God, vandalism and accidents.
2.5 COUNTY and MUNICIPALITY agree and understand that the lighting system, so
installed, shall remain the property of COUNTY after installation and shall not be moved
or relocated without the express written consent of the Contract Administrator, and that this
Agreement shall not affect COUNTY's responsibility for installation and maintenance of
traffic control signals and devices along the Trafficway.
2.6 There currently exists lighting along a portion of the Trafficway. MUNICIPALITY
shall be responsible for gaining the approval of Florida Power and Light for the removal of
this lighting. Thereafter, COUNTY will coordinate the removal of that lighting system with
Florida Power and Light.
ARTICLE 3 - COSTS
3.1 COUNTY shall be responsible for all costs associated with Sections 2.1. and 2.2,
during the term of this Agreement, except as otherwise specifically set forth herein.
3.2 MUNICIPALITY shall be responsible for all costs associated with Section 2.3 and
2.4, during the term of this Agreement.
3
ARTICLE 4 - TERM AND TERMINATION
4.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall terminate as provided for by Sections 4.2 through 4.6 herein below.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by MUNICIPALITY, upon a thirty (30) day written notice given by the terminating
party to the other party setting forth the breach. If MUNICIPALITY, 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 MUNICIPALITY for the costs
of such correction and improvement or terminate this Agreement. If COUNTY opts to
correct and improve the breach and bill MUNICIPALITY for same, MUNICIPALITY shall
then remit to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's
receipt thereof.
4.3 Termination of this Agreement for cause shall include, but not be limited to, failure
of the parties to suitably perform the services required by Article 2 herein, and 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 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.
4.5 In the event this Agreement is terminated for convenience, upon being notified of
election to terminate, the parties shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. MUNICIPALITY acknowledges
and agrees that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by
MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's right
to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein except that notice of termination by 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 6,
GI
"NOTICES," herein.
ARTICLE 5 - CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6 - NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested, or
by hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following:
FOR BROWARD COUNTY:
Director
Engineering Division
One University Drive
Plantation, Florida 33317
FOR MUNICIPALITY:
City of Tamarac
6011 Nob Hill Road
Tamarac, Florida 33321
ARTICLE 7 - INDEMNIFICATION
MUNICIPALITY 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 8 - INSURANCE
The parties hereto acknowledge that MUNICIPALITY is a self-insuredgovernmental
entity subject to the limitations of Section 768.28, Florida Statutes. The MUNICIPALITY
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 9 - MISCELLANEOUS
9.1 OWNERSHIP OF DOCUMENTS. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are and
shall remain the property of COUNTY. In the event of termination of this Agreement, any
reports, photographs, surveys, and other data and documents prepared by
MUNICIPALITY, whether finished or unfinished, shall become the property of COUNTY
and shall be delivered by MUNICIPALITY to the Contract Administrator within seven (7)
days of termination of this Agreement by either party.
9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate
against any person in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply
with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of
providing any services funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, MUNICIPALITY shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but
not be limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of compensation,
terms and conditions of employment, training (including apprenticeship), and accessibility.
9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age, religion,
color, gender, sexual orientation (Broward County Code, Chapter 16Y2), national
origin, marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully used as a basis for service delivery.
9.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16Y2) in performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends 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.
101
9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party. In addition, unless
permitted herein, MUNICIPALITY shall not subcontract any portion of the work required by
this Agreement. MUNICIPALITY represents that all persons delivering the services
required by this Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Services and to provide and perform
such services to COUNTY's satisfaction. MUNICIPALITY shall perform its duties,
obligations, and services under this Agreement in a skillful and respectable manner. The
quality of MUNICIPALITY's performance and all interim and final product(s) provided to or
on behalf of COUNTY shall be comparable to the best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and MUNICIPALITY agree
that each requirement, duty, and obligation set forth herein is substantial and important to
the formation of this Agreement and, therefore, is a material term hereof. COUNTY's
failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
9.6 COMPLIANCE WITH LAWS. MUNICIPALITY shall comply with all federal, state,
and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.7 SEVERANCE. In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
9.8 JOINT PREPARATION. The parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them to form a full
and complete understanding of all rights and obligations herein and that the preparation
of this Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 9 of this Agreement
shall prevail and be given effect.
7
9.10 APPLICABLE LAW AND VENUE. Any controversies or legal problems arising out
of this transaction and this Lease 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.
9.11 AMENDMENTS. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by the Board
and MUNICIPALITY.
9.12 PRIOR AGREEMENTS. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, the parties agree that no deviation from the
terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. 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 9.11 above.
9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
"clause set forth above is acknowledged by the parties. Any attached exhibits are
incorporated into and made a part of this Agreement.
9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in four (4) copies
by all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
THIS SPACE INTENTIONALLY LEFT BLANK"
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 Chair or Vice
Chair, authorized to execute same by Board action on the d la day of
20 OS , and CITY OF TAMARAC, signing by and through its
cA,. 6& , duly authorized to execute same.
ATTEST:
County Administrator and Ex-Officia
Clerk of the Board of County
Commissioners of Broward County,
Florida
.00
A CD '-"33
0" 5C;LtAl�D 7.
�'1
BROWARD COUNTY, through its
BOARD OF COUNTY.GOMMISSION ERS
Mayor
/d ay of —JQ.1yW , 20 63 .
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
Teleph e: 954) 357-7600
Telec er 954) 357-6968
By
Pamela M. Kane
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
TRAFFICWAY ILLUMINATION FOR PINE ISLAND ROAD FROM COMMERCIAL
BOULEVARD NORTH 1600 FEET
WITNESSES:
Z)� sl�t— "if -� . i
ATTEST:
City Clerk
(CORPORATE SEAL)
PMK
July 29, 2002
H:\DATA\D I V2\PMK\PM K02\Ag ree\Tamarac) ll.a0l .wpd
I��'L�T
By J= Z&sn&A/
Mayor -Commissioner
c,l % day of IVo ✓eL Pn h-e- , 20 oa--
Cy Manager
dam( of
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10
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