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HomeMy WebLinkAboutCity of Tamarac Resolution (351)Temp. Reso. #9970 Page 1 of 3 November 4, 2002 Rev.#1, November 21, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- 3 ...,..._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH BROWARD COUNTY FOR THE INSTALLATION OF LANDSCAPING AND IRRIGATION WITHIN THE MEDIANS OF PROSPECT ROAD BETWEEN NW 28 AVENUE AND NW 24 AVENUE AT AN ESTIMATED TOTAL COST OF $434,612; ACCEPTING FUNDING FROM BROWARD COUNTY UP TO 61.75% OF THE TOTAL ESTIMATED COST UP TO A MAXIMUM AMOUNT NOT TO EXCEED $269,000; AMENDING THE ANNUAL CAPITAL IMPROVEMENT PROJECT FUND BUDGET IN THE AMOUNT OF $269,000 FOR PROPER ACCOUNTING PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County and the City of Tamarac have determined that it is in the best interest of residents to make certain improvements to the medians along Prospect Road between NW 28 Avenue and NW 24 Avenue; and WHEREAS, the cost of landscaping along Prospect Road medians, between NW 28 Avenue and NW 24 Avenue, has been estimated at $434,612 by City's consultant, Miller Legg & Associates; and WHEREAS, Broward County and the City of Tamarac have agreed to share the cost of these improvements in a 61,75 percent (61.75%) and 38.25 percent (38,25%) ratio up to $269,000 and $165,612 respectively; and WHEREAS, $248,505 were added in the cost of the road resurfacing program as City's share for this project; and WHEREAS, the acceptance of these funds requires amending the Capital Improvement Project Fund budget where sufficient funding exists; and Temp. Reso. #9970 Page 2 of 3 November 4, 2002 Rev.#1, November 21, 2002 WHEREAS, the City of Tamarac currently maintains the median landscaping on Prospect Road; and WHEREAS, after installation of the landscaping and irrigation, the City of Tamarac will continue to maintain the medians at an incremental increased expense; and and WHEREAS, the Director of Public Works recommends approval of this Agreement; WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a joint participation agreement with Broward County for the installation of landscaping and irrigation within the medians of Prospect Road between NW 28 Avenue and NW 24 Avenue at an estimated total cost of $434,612, accepting funding from Broward County up to 61.75% of the total estimated cost up to a maximum amount not to exceed $269,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are HEREBY authorized to to execute a joint participation agreement with Broward County for the installation of landscaping and irrigation within the medians of Prospect Road between NW 28 '0 Avenue and NW 24 Avenue at an estimated total cost of $434,612, accepting funding from Broward County up to 61.75% of the total estimated cost up to a maximum amount not to exceed $269,000, said agreement attached hereto as Exhibit 1, SECTION 3: The appropriate City Officials are HEREBY authorized to amend u 11 the annual Capital Improvement Project Fund budget in the amount of $269,000 for proper Temp. Reso- #9970 Page 3 of 3 November 4, 2002 Rev.#1, November 21, 2002 1 accounting procedures. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of December, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 140E SCHREIBER MAYOR RECORD OF COMMISSION V TE: MAYOR SCHREIBER DIST 1: VIM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS - U\adm correspondance\agendas\9970RES- Prospect Rd JPA with Bro Co.doc l AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28TH AVENUE TO NORTHWEST 24TH AVENUE PROJECT NO. 5278 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28TH AVENUE TO NORTHWEST 24TH AVENUE PROJECT NO. 5278 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, CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." WIT NESSETH: WHEREAS, Prospect Road from Northwest 28 h Avenue to Northwest 24t' Avenue is a public trafficway (hereinafter referred to as the "Trafficway") located within the municipal boundaries of MUNICIPALITY, which Trafficway is classified as a County Road; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway by the installation of landscaping as defined in Article 1, Section 1.6, herein; and WHEREAS, MUNICIPALITY has expressed its desire to participate in the beautification and maintenance of the Trafficway; and WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the day of 20Q�-, has approved joint beautification of the Trafficway 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 120 , has approved the joint beautification 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 Landscape: "Landscape" or "Landscaping" shall mean living plant materials such as grasses, ground cover, shrubs, vines, trees or palms and nonliving durable materials commonly used in environmental design such as, but not limited to, rocks, pebbles, sand, walls or fences, aesthetic grading or mounding, decorative paving, and irrigation systems. IN 1.7 MUNICIPALITY: "MUNICIPALITY" shall mean the City of Tamarac, a municipal corporation of the State of Florida. 1.8 Project: "Project" shall mean the services described in Article 2. ARTICLE 2 - SCOPE OF SERVICES 2.1 COUNTY and MUNICIPALITY shall participate in the beautification of the Trafficway in the manner set forth in this Agreement. 2.2 COUNTY shall perform the following: 2.2.1 Reimburse MUNICIPALITY for costs of material and labor relating to the installation of the landscape improvements addressed herein in an amount not to exceed Sixty-one and Seventy-five One -hundredths percent (61.75%) of the estimated cost of the Project. The cost of the Project is estimated to be Four Hundred Thirty-four Thousand Six Hundred Twelve and 00/100 Dollars ($434,612.00). The County will pay up to Sixty-one and Seventy-five One - hundredths percent (61.75%) of the cost of the Project, up to a maximum not to exceed Two Hundred Sixty-nine Thousand and 00/100 Dollars ($269,000.00). It is acknowledged and agreed by MUNICIPALITY that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate MUNICIPALITY for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon MUNICIPALITY's obligation to perform all of its duties and obligations required by or which can be reasonably inferred from the Scope of Services. 2.2.2 Review and approve plans and specifications for landscape improvements within sixty (60) days of receipt of such plans by the Contract Administrator. 2.2.3 COUNTY shall have no further obligation except as otherwise specifically set forth herein. 2.3 MUNICIPALITY shall install and maintain, or contract for the installation and/or maintenance of, all landscaping within the Traffieway as follows: 2.3.1 Prepare, or cause to be prepared, plans and specifications for the beautification of the Trafficway. The landscape design shall be in accordance with the Broward County Landscape Ordinance which requires a minimum of Fifty Percent (50%) native plant materials. Such plans and specifications shall be reviewed and approved by the Contract Administrator. -3- 2.3.2 In accordance with the approved design plans and specifications, landscape the Trafficway and install automatic irrigation systems compatible therewith. 2.3.3 MUNICIPALITY shall properly maintain and fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically mow the grass in order to maintain a neat and proper appearance, prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise falls below the initial level of beautification of the Trafficway and keep litter removed from the Traffieway. Any replacement of vegetation as required herein, shall be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and shall be of the same size as those existing at the time of replace- ment. 2.4 COUNTY and MUNICIPALITY agree and understand that the Trafficway shall remain classified as a County road. ARTICLE 3 - REIMBURSEMENT. 3.1 MUNICIPALITY shall submit to COUNTY, upon completion of the Project, a request for reimbursement which request shall include copies of all invoices and supporting documentation. COUNTY shall, within ninety (90) days of receipt of MUNICIPALITY's request for reimbursement, remit to MUNICIPALITY the full portion of the amount that COUNTY has herein specifically agreed to assume for the Project. 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. Specifically in the case of MUNICIPALITY's requirement to maintain the beautified Trafficway, 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 In 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, failure of the MUNICIPALITY to maintain the beautified Trafficway pursuant to the terms of this Agreement, 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 the Article 6, "NOTICES," herein except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 6, "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 9.14 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: WE FOR BROWARD COUNTY: Henry P. Cook, Director Engineering Division One North University Drive Suite 300B Plantation, Florida 33324-2038 FOR MUNICIPALITY: City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321 With a Copy To: City Attorney 7525 Northwest 88 Avenue Tamarac, Florida 33321 ARTICLE 7 - INDEMNIFICATION 7.1 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. 7.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, addressed herein above, any contract with such third party shall include the following provisions: 7.2.1 Indemnification: MUNICIPALITY's contractor shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of MUNICIPALITY's contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due MUNICIPALITY's contractor under this Agreement may be retained by MUNICIPALITY and/or COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amountwithheld shall not be subject to payment of interest by MUNICIPALITY and/ or COUNTY. 7.2.2 In order to insure the indemnification obligation MUNICIPALITY's contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Article 8, Section 8.2, in accordance with the terms and conditions required by this Article. 7.2.3 The policies referred to in Section 7.2.2 herein above shall be without any deductible amount and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Broward County, Florida. ARTICLE 8 - INSURANCE 8.1 The parties hereto acknowledge that MUNICIPALITY is a self -insured governmental 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. 8.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 8.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "A," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY and Broward County Board of County Commissioners as an additional insured. 8.2.2 MUNICIPALITY's contractor shall furnish to the Contract Administrator Certificates of Insurance or Endorsements evidencing the insurance coverages specified by this Article prior to the beginning performance of work under this Agreement. 8.2.3 Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of MUNICIPALITY's contractor is completed. All policies must be endorsed to provide COUNTY with at least thirty -7- (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 9 - MISCELLANEOUS 9.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right to audit the books, records, and accounts of MUNICIPALITY that are related to this Project. MUNICIPALITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. MUNICIPALITY shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to MUNICIPALITY's records, MUNICIPALITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by MUNICIPALITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, MUNICIPALITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. 9.2.1 MUNICIPALITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. IRI 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 161/) in performing any services pursuant to this Agreement. 9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. MUNICIPALITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. 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 IN mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.10 APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 9.11 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and MUNICIPALITY. 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 9.13 above. 9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas clause set forth above is acknowledged by the parties. The attached exhibits are incorporated into and made a part of this Agreement. 9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. -10- 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: COUNTY 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 -11- 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 Pamela M. Kane Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28 TH AVENUE TO NORTHWEST 24 TH AVENUE. CITY WITNESSES: ATTEST: jA4:::iA_Mj� City Clerk (CORPORATE SEAL) CITY OF TAMARAC By r_7� ��z 7 Mayor -Commissioner day of 20 City Manager A)L- day of 20 29 PMK November 18, 2002 CADocuments and Setfings\hcooklocal Sethngs\Ternp\13eaufif2_wpd #01 -08805 i Ci iuT 4 /w- - -12- JHIS CERTJFICATE IS ISSUED AS A MATTER OF INFORMATION ONL.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATION HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW NAME AND ADDRESS OF AGENCY — c .. OMPAENIES AFFORDING COVERAGES OMP COMPANY LETTER A COMPANY LETTER B NAME AND ADDRESS OF INSURED COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E This is to certify that policies of Insurance listed below have been Issued to the insured named above and are in force at this time. Notwithstanding any reuirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. POLICY LIMITS OF LIABILITY (000) COMPANY POLICY NUMBER EXPIRATION LETTER TYPE OF INSURANCE DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY $ :MPREHENSIVE FORM �RREMI PROPERTYIDAMAGE $ $ SES-OPE RATIONS BODILY INJURY AND fl�XPLOSION & COLLAPSE HAZARD PONDERGROUND HAZARD pORODUCTS/COMPLETED PROPERTYDAMAGE s PPERATIONS HAZARD COMBINED tIgONTRACTUAL INSURANCE 4ROAD FORM PROPERTY DAMAGE MINDEPENDENT CONTRACTORS PERSONAL INJURY OPERSONAL INJURY OGARAGE AUTOMOBILE LIABILITY BODILYINJURY (EACH PERSON) $ BODILY INJURY �MPREHENSIVE FORM �IWNED (EACH ACCIDENT) S PROPERTY DAMAGE S ViIPEO pKON-OWNED BODILY INJURY AND PROPERTY DAMAGE S ;PA COMBINED EXCESS LIABILITY BODILY INJURY AND OUMBRELLA FORM OOTHER THAN UMBRELLA FORM PROPERTY DAMAGE $ COMBINED WORKERS'COMPENSATION STATUTORY MMMINOW, AND EMPLOYER'S LIABILITY [�ACH ACC OTHER DESCRIPTION OF OPEPATIONSILOCATIONSfVEHICLES CERTIFICATE MUST SHOW (ON GENERAL LIABILITY ONLY) ADDITIONAL INSURED: BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY. FLORIDA CERTIFICATE MUST EE SIGNED AND ALL APPLICABLE DEDUCTIBLES SHOWN Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail Thirty (30) days written notice to the below named certificate holder. DATE ISSUED NAME AND ADDRESS OF CERTIFICATE HOLDER BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS 115 South Andrews Avbenue AUTHORIZED REPRESENTATIVE Ft. Lauderdale, FL 33301 BY' AT1N Purchasing Division. Room 212 REi BID PROJECT # DATE c.2L' 4-2—d R — 16 e)�- — 3� BIN)CON.,W)ARD COUNTY Public Works Dqmr"t - ENGINEERING DIVISION I N. UniversIly Drive, Sufte 300B - Plantallori, Flodds 33324-2038 - 9545n4655 - FAX 9S4-677-2338 February 6, 2003 Mr. Jean Dupuis, Project Manager City of Tamarac - Public Works Department 6011 Nob Hill Road Tamarac, FL 33321-2401 RE. Agreement between Broward County and City of Tamarac for Trafficway Beautification for Prospect Roadftom Northwest 28h Avenue to Northwest 24" Avenue, Project No. 52 78 Dear Mr. Dtpuis: Transmitted herewith, pleasefind two(2) fully executed copies of the above referencedAgreement. 7his Agreement was approved by the County Commission at ihW;We"'efing on,,February 4, 2003, agendaitem#4. We are lookingforwardtoworkingwithyou on thisprqject,�Please coordinate the design and construction with Norm Gero, our Landscape Architect. .1 '/ ifyou haw any questions, please do not hesitate to contact me. Very truly yours, Henry P. Cook, P.E. Director HPC:ecw Attachment cc: Lee E. Billingsley, P.K, Director, Office of Transportation Richard C Tornese, P.E., Asst. Dir, Engineering Division Norm Gero, R.L.A., Engineering Division Broward Cm* Swd4)f Courdy Comm"loners Josephus Eggellation, Jr. - Ben Graber - Sue Gunzburger - Kristin 0. J80666 * 1*0 L10strw - Lori Nancia Parrish - John E. Rodstrom, Jr. - James A. Soott - Diane Wasserman-RubIn vv".broftg." No Text -Pq7 0 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28T" AVENUE TO NORTHWEST 24 Tll AVENUE PROJECT NO. 5278 03AITDI� I I WV 9 - 03J MZ ONW33NMG . 09AM9� os 101 RY 0 1 MVP EWZ AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for TRAFFIGWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28TM AVENUE TO NORTHWEST 24 T11 AVENUE PROJECT NO. 5278 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, CITY OF TAMARAC, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida, its successors and assigns, hereinafter referred to as "MUNICIPALITY." W I T N E S S E T H: WHEREAS, Prospect Road from Northwest 2e Avenue to Northwest 2e Avenue is a public trafficway (hereinafter referred to as the '7rafficway") located within the municipal boundaries of MUNICIPALITY, which Trafficway is classified as a County Road; and WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to beautify the Trafficway by the installation of landscaping as defined in Article 1, Section 1.6, herein- and 7 WHEREAS, MUNICIPALITY has expressed its desire to participate in the beautification and maintenance of the Trafficway; and No Text WHEREAS, MUNICIPALITY, by resolution of its governing body adopted on the day of ) 20 , has approved joint beautification of the, Trafficway 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 approved the joint beautification 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 Landscape: "Landscape" or "Landscaping" shall mean living plant materials such as grasses, ground cover, shrubs, vines, trees or palms and nonliving durable materials commonly used in environmental design such as, but not limited to, rocks, pebbles, sand, walls or fences, aesthetic grading or mounding, decorative paving, and irrigation systems. -2- No Text 1.7 MUNICIPALITY: "MUNICIPALITY' shall mean the City of Tamarac, a municipal corporation of the State of Florida. 1.8 Project: "Project" shall mean the services described in Article 2. ARTICLE 2 - SCOPE OF SERVICES 2.1 COUNTYand MUNICIPALITY shall participate in the beautification of theTrafficway in the manner set forth in this Agreement. 2.2 COUNTY shall perform the following: 2.2.1 Reimburse MUNICIPALITY for costs of material and labor relating to the installation of the landscape improvements addressed herein in an amount not to exceed Sixty-one and Seventy-five One -hundredths percent (61.75%) of the estimated cost of the Project. The cost of the Project is estimated to be Four Hundred Thirty-four Thousand Six Hundred Twelve and 00/100 Dollars ($434,612.00). The County will pay up to Sixty-one and Seventy-five One - hundredths percent (61.75%) of the cost of the Project, up to a maximum not to exceed Two Hundred Sixty-nine Thousand and 00/100 Dollars ($269,000.00). Itis acknowledged and agreed by MUNICIPALITY that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate MUNICIPALITY for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon MUNICIPALITY's obligation to perform all of its duties and obligations required by or which can be reasonably inferred from the Scope of Services. 2.2.2 Review and approve plans and specifications for landscape improvements within sixty (60) days of receipt of such plans by the Contract Administrator. 2.2.3 COUNTY shall have no further obligation except as otherwise specifically set forth herein. 2.3 MUNICIPALITY shall install and maintain, or contract for the installation and/or maintenance of, all landscaping within the Trafficway as follows: 2.3.1 Prepare, or cause to be prepared, plans and specifications for the beautification of the Trafficway. The landscape design shall be in accordance with the Broward County Landscape Ordinance which requires a minimum of Fifty Percent (50%) native plant materials. Such plans and specifications shall be reviewed and approved by the Contract Administrator. -3- No Text 2.3.2 In accordance with the approved design plans and specifications, landscape the Trafficway and install automatic irrigation systems compatible therewith. 2.3.3 MUNICIPALITY shall properly maintain and fertilize all vegetation; keep all vegetation as free from disease and harmful insects as practicable; properly mulch the vegetation beds, keeping them free from weeds; periodically mow the grass in order to maintain a neat and proper appearance; prune all plants so as to remove all dead or diseased parts of plants and all parts of plants which present a visual hazard or physical obstacle to the use of the Trafficway; remove and replace all vegetation which is dead or diseased or which otherwise fal Is below the initial level of beautification of the Trafficway and keep litter removed from the Trafficway. Any replacement of vegetation as required herein, shall be accomplished by the use of plants of the same grade as specified in the original approved plans and specifications and shall be of the same size as those existing at the time of replace- ment. 2.4 COUNTY and MUNICIPALITY agree and understand that the Trafficway shall remain classified as a County road. ARTICLE 3 - REIMBURSEMENT. 3.1 MUNICIPALITY shall submit to COUNTY, upon completion of the Project, a request for reimbursement which request shall include copies of all invoices and supporting documentation. COUNTY shall, within ninety (90) days of receipt of MUNICIPALITY's request for reimbursement, remit to MUNICIPALITY the full portion of the amount that COUNTY has herein specifically agreed to assume for the Project. 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 isnot 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 MUNICIPALITY's requirement to maintain the beautified Trafficway, 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 -4- No Text 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, failure of the MUNICIPALITY to maintain the beautified Trafficway pursuant to the terms of this Agreement, 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 wt*ch 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 the Article 6, "NOTICES," herein except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with Article 6, "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 9.14 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: -5- No Text FOR BROWARD COUNTY: Henry P. Cook, Director Engineering Division One North University Drive Suite 300B Plantation, Florida 33324-2038 FOR MUNICIPALITY: City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321 With a Copy To: City Attorney 7525 Northwest 88 Avenue Tamarac, Florida 33321 ARTICLE 7 - INDEMNIFICATION 7.1 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. 7.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, addressed herein above, any contract with such third party shall include the following provisions: 7.2.1 Indemnification-, MUNICIPALITY's contractor shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of MUNICIPALITY's contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages r-2 No Text sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due MUNICIPALITY's contractor under this Agreement may be retained by MUNICIPALITY and/or COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amountwithheld shall not be subject to payment of interest by MUNICIPALITY and/ or COUNTY. 7.2.2 In order to insure the indemnification obligation MUN IC I PAL ITY's contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Article 8, Section 8.2, in accordance with the terms and conditions required by this Article. 7.2.3 The policies referred to in Section 7.2.2 herein above shall be without any deductible amount and shall be issued by approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Broward County, Florida. ARTICLE 8 - INSURANCE 8.1 The parties hereto acknowledgethat MUNICIPALITY is a self -insured governmental 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. 8.2 In the event that MUNICIPALITY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 8.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, insurance of the types and amounts as set forth on Exhibit "A," a copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name COUNTY and Broward County Board of County Commissioners as an additional insured. 8.2.2 MUNICIPALITY's contractor shall furnish to the Contract Administrator Certificates of Insurance or Endorsements evidencing the insurance coverages specified by this Article prior to the beginning performance of work under this Agreement. 8.2.3 Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of MUNICIPALITY's contractor is completed. All policies must be endorsed to provide COUNTY with at least thirty -7- No Text (30) days' notice of cancellation and/or restriction, If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 9 - MISCELLANEOUS 9.1 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right to audit the books, records, and accounts of MUNICIPALITY that are related to this Project. MUNICIPALITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. MUNICIPALITY Shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to MUNICIPALITY's records, MUNICIPALITY shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be vioLated by MUNICIPALITY. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. 9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. MUNICIPALITY shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and 11 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 16/12), 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. I "; No Text 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 161/2) in performing any services pursuant to this Agreement. 9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. MUNICIPALITY represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTYs satisfaction for the agreed compensation. 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 I I'm No Text mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.9 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.10 APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 9.11 AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and MUNICIPALITY. 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 9.13 above. 9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"' clause set forth above is acknowledged by the parties. The attached exhibits are incorporated into and made a part of this Agreement. 9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. -10- No Text IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature- BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action on the �t� day of �A;dP-"A 7 20 0-3 , and CITY OF TAMARAC, signing by and through its Mayor, duly to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerkof the Board of County By Commissioners of Broward County, Mayor Florida day of 20 O's Approved as to form by N oil & Office of County Attorney I$' Broward County, Florida It rn EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone. (9R4) 357-7600 P, � r. -6968 Teleco e . 357 By _ hZ6* Pamela M. Kane Assistant County Attorney ase No Text AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR TRAFFICWAY BEAUTIFICATION FOR PROSPECT ROAD FROM NORTHWEST 28 TH AVENUE TO NORTHWEST 24 TH AVENUE. CITY WITNESSES- W ff-- N�W I ATTEST - City Clerk (CORPORATE SEAL) CITY OF TAMARAC 1Mayor-Commission-er -mro, j *-) /cp/, day of 20 i9g4 At�-- �. /&7L&4, City Manager I - !L day of PMK November 18, 2002 CADocurnents and S0Wng$VH=k\L0ca1 Setfings\Ternp\BeaLdif2.wpd #014388-05 I -,(,Z -12- No Text THISCER-41FIC . 13 ISSWED ASA MATTER OF INFORMATION ONLYANO CONFFRS NO RIGHTS UPON THE CERTIFICATION HOLDER 'XTF THIS CERTIFIGATE DOES NOT AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED 13ELOW NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COMPANY LETTER A COMPANY LET'TER B NAME AND ADDRESS OF INSURED COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E This is to certify that policies of Insurance listed below have been Issued to the insured named above and are In force at this time. Notwithstanding any reuirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. POLICY LIMITS OF LIABILITY (000) COMPANY POLICY NUMBER EXPIRATION LETTER TYPE OF INSURANCE DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY $ $ 0 MPREHENSIVE FORM REMISFS-OPERATIONS PROPERTY DAMAGE $ $ BODILY INJURY AND PROPERTYPAMAGE COMBINED $ 1111�XPLOSION & COLLAPSE HAZARD WNDERGROUND HAZARD PORODUCT&COMPLETED PPERATIONS HAZARD MFNTRACTUAL INSURANCE 'O'D FORM PROPERTY DAMAGE SIDEPENDENT CONTRACTORS I 'C PERSONAL INJURY $ OPERSONAL INJURY OGARAGE AUTOMOBILE LIABILITY BODILYINJURY (EACH PERSON) 3 MPREHENSIVE FORM 2�01WWNEO $AIJ1ED P14ION-OWNED BODILY INJURY (EACH ACCIDENT) $ PROPERTY DAMAGE $ BODILY INJURY AND PROPERTYDAMAGE $ COMBINED EXCESS LIABILITY CIUMBRELLA FORM OOTHER THAN UMBRELLA FORM BODILY INJURY AND PROPERTYDAMAGE COMBINED $ s WORKERS'COMPENSATION STATUTORY AND EMPLOYER'S LIABILITY (EACH ACC OTHER T -1 - - DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES TY ONLY) CERTIFICATE MUST SHOW (ON GENERAL LIABILI -7� ADDITIONAL INSURED; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FLORIDA CERTIFICATE MUST BE SIGNED AND ALL APPLICABLE DEDUCTIBLES SHOWN Cancellation; Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail Thirty (30) days written notice to the below named certificate holder. DATEISSUED: NAME AND ADDRESS Of! CERTIFICATE HOLDER BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS 115 South Andrews Avbenue AUTHORIZED REPRESENTATIVE Ft. Lauderdale. Fl- 33301 B Y e! 2 A—E —4 ATTN� Purchasing Division, Room 212 RE! BID I 1p A-2--(- PROJECT# DATE: L n2 irioe =V- ,V,W ,?- rrA-L, e- *--- Al W r -,