HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-123Temp. Reso. #13360
November 13, 2019
Page 1
I
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN
THE AMOUNT UP TO $12,188.00 FROM THE BROWARD
COUNTY TREE PRESERVATION TRUST FUND;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AGREEMENT AND NECESSARY
DOCUMENTS BETWEEN THE CITY OF TAMARAC AND
BROWARD COUNTY FOR THE TREE PRESERVATION
GRANT FUNDS; AUTHORIZING BUDGET AMENDMENTS
AS NEEDED FOR PROPER ACCOUNTING PURPOSES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac desires to enhance
landscape beautification within the City of Tamarac; and
WHEREAS, the City of Tamarac Public Services Department proposes the
installation of trees within the City along Lagos de Campo right-of-way per"Attachment A"
to the Agreement between Broward County and the City of Tamarac, hereto attached as
Exhibit 1"; and
WHEREAS, the City of Tamarac received notification from the Broward County Tree
Preservation Trust Committee that the request for funds in an amount up to $12,188.00 is
approved; and
WHEREAS, the City of Tamarac is not required to provide matching funds; and
WHEREAS, it is the recommendation of the City Manager and Director of Public
Services that the grant in amount not to exceed $12,188.00 from the Broward County Tree
Temp. Reso. #13360
November 13, 2019
Page 2
Preservation Trust Fund be accepted; and S
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 accept the Broward
County Tree Preservation Trust Fund Grant in an amount not to exceed $12,188.00 for
installation of trees within the City along Lagos de Campo right-of-way.
NOW, THEREFORE, BE IT RESOL4VED 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 and all exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2: The City Commission of the City of Tamarac HEREBY accept the
12,188.00 grant award through the Broward County Tree Preservation Trust Fund.
SECTION 3: The appropriate City Officials are HEREBY authorized to execute the
agreement and necessary documents, hereto attached as "Exhibit 1", between the City of
Tamarac and Broward County, for the acceptance of the grant from the Broward County
Tree Preservation Trust Committee.
SECTION 4: An appropriation for the receipt and expenditure for this will be
included in a budget amendment prior to November 30, 2020 pursuant to F.S. 166.241(2).
SECTIONS: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict. S
Temp. Reso. #13360
November 13, 2019
Page 3
SECTION 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this I day of 21 2019.
436,
MICHELLE J. GZ
MAYOR
ATTEST:
LILLIAN PABON, CMC
ACTING CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN Z
DIST 4: V/M P LAC KO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
i VM- 04- i h3)Iy8)AUEL S. GO
CITY ATTORNE
P&WVARDCOUNTY
oeara nmr
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR A DISBURSEMENT
FROM THE BROWARD COUNTY TREE PRESERVATION TRUST FUND
This is an Agreement ("Agreement"), made and entered into by and between Broward
County, a political subdivision of the State of Florida ("County"), and City of Tamarac, a
municipal corporation ("City") (collectively referred to as the "Parties").
RECITALS
A. City has submitted a request for funding to County for a project described in Exhibit
A ("Services"); and
B. County has, through its Tree Preservation Trust Committee reviewed the plans
submitted by City, approved the request, and recommends approval of the disbursal
of funds from the Tree Preservation Trust Fund in an amount up to Twelve Thousand
One Hundred Eighty Eight Dollars ($12,188.00); and
C. The Parties wish to enter into an Agreement to authorize and govern the
disbursement of monies to finance the Services, NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth,the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Board.The Board of County Commissioners of Broward County, Florida.
1.2 Contract Administrator.The Tree Preservation Program Manager.
1.3 County Administrator.The administrative head of County appointed by the Board.
1.4 County Attorney.The chief legal counsel for County appointed by the Board.
1. 5 Services. All work required by City under this Agreement, including without limitation
all deliverables, consulting, training, project management, or other services specified in
Exhibit A.
1.6 Subconsultant or Subcontractor. A firm, partnership, corporation, independent
contractor (including 1099 individuals), or combination thereof providing services to County
through City for all or any portion of the Services. The term "Subconsultant" shall include all
Subcontractors" and the term "Subcontractor" shall include all "Subconsultants."
BCF#101
09/23/19 1-
ARTICLE 2. SCOPE OF SERVICES
2.1 City shall perform all work identified in this Agreement including without limitation the
Scope of Services described in Exhibit A. The Scope of Services stated in this Agreement is a
description of City's obligations and responsibilities and is deemed to include preliminary
considerations and prerequisites, and all labor, materials, equipment, and tasks which are such
an inseparable part of the work described that exclusion would render performance by City
impractical, illogical, or unconscionable. City shall meet or exceed all applicable federal, state,
and local laws, ordinances, codes, rules, and regulations in performing the Services.
2.2 City acknowledges that the Contract Administrator has no authority to make changes
that would increase, decrease, or otherwise modify the Scope of Services to be provided under
this Agreement except as expressly set forth in this Agreement.
ARTICLE 3. TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by the Parties
effective date") and shall end eighteen (18) months after the effective date ("Initial Term").
The continuation of this Agreement beyond the end of any County fiscal year is subject to both
the appropriation and the availability of funds in accordance with Chapter 129, Florida Statutes.
3.2 Unless otherwise agreed by the Parties in writing, all duties, obligations, and
responsibilities of City required by this Agreement shall be completed no later than eighteen
18) months after the effective date. Time is of the essence in performing the duties,
obligations, and responsibilities required by this Agreement.
3.3 In the event County elects to extend the term of this Agreement beyond the Initial
Term, City agrees that it shall continue to provide the Services upon the same terms and
conditions as contained in this Agreement for such extended period, which shall not be more
than three (3) months beyond the Initial Term. This option, if elected by County, shall be
exercised by County's Purchasing Director by written notice stating the duration of the
extended period which notice shall be provided to City at least thirty (30) calendar days prior to
the end of the Initial Term.
ARTICLE 4. COMPENSATION
4.1 County will pay City up to a maximum amount as follows:
Services/Goods Not-To-Exceed Amount
Services/Goods 12,188.00
TOTAL NOT TO EXCEED 12,188.00
Payment shall be made only for work actually performed and completed pursuant to this
Agreement, as set forth in Section 4.2, which amount shall be accepted by City as full
BCF#101
09/23/19 2-
compensation for all such work. City acknowledges that the amounts set forth herein are the
maximum amounts payable and constitute a limitation upon County's obligation to compensate
City for its work under this Agreement. These maximum amounts, however, do not constitute a
limitation of any sort upon City's obligation to perform all items of work required under this
Agreement. Unless otherwise expressly stated in this Agreement, City shall not be reimbursed
for any expenses it incurs under this Agreement.
4.2 METHOD OF BILLING AND PAYMENT
4.2.1 City may submit an invoice for compensation after the Services have been
completed. Completion of the Services includes County inspection of the tree plantings,
correction of any issues noted by County, and County approval that the Services were
completed before invoicing. An original invoice plus one copy shall be submitted no
later than sixty (60) days after this Agreement expires or is otherwise terminated. The
invoice shall designate the nature of the Services performed and, as applicable, the
personnel, hours, tasks, or other detail as requested by the Contract Administrator. City
shall submit with the invoice a Certification of Payments to Subcontractors and
Suppliers ("Exhibit B"). The certification shall be accompanied by a copy of the
notification sent to each unpaid Subcontractor and supplier listed on the form,
explaining the good cause why payment has not been made. Failure to pay a
Subcontractor or supplier in accordance with this subsection shall be a material breach
of this Agreement, unless City demonstrates that such failure to pay results from a bona
fide dispute with the Subcontractor or supplier.
4.2.2 Any invoice by City shall be no more than the Total set forth in Exhibit A for the
applicable Services.
4.2.3 County shall pay City within thirty (30) calendar days after receipt of City's
proper invoice, as required by the "Broward County Prompt Payment Ordinance,"
Section 1-51.6, Broward County Code of Ordinances. To be deemed proper, all invoices
must comply with the requirements set forth in this Agreement and must be submitted
on the form and pursuant to instructions prescribed by the Contract Administrator.
Payment may be withheld for failure of City to comply with a term, condition, or
requirement of this Agreement.
4.3 Subcontractors. City shall invoice all Subcontractor fees, whether paid on a "lump sum"
or other basis, to County with no markup. All Subcontractor fees shall be billed in the actual
amount paid by City.
4.4 Notwithstanding any provision of this Agreement to the contrary, County may withhold,
in whole or in part, payment to the extent necessary to protect itself from loss on account of
inadequate or defective work that has not been remedied or resolved in a manner satisfactory
to the Contract Administrator or failure to comply with this Agreement. The amount withheld
shall not be subject to payment of interest by County.
BCF#101
09/23/19 3-
4.5 Payment shall be made to City at the address designated for Notices under Section 9.9.
ARTICLE 5. GOVERNMENTAL IMMUNITY
Except to the extent sovereign immunity may be deemed to be waived by entering into this
Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by any party
nor shall anything included herein be construed as consent to be sued by third parties in any
matter arising out of this Agreement or any other contract. City is a state agency or political
subdivision as defined in Section 768.28, Florida Statutes, and shall be fully responsible for the
acts and omissions of its agents or employees to the extent permitted by law.
ARTICLE 6. INSURANCE
6.1 City is an entity subject to Section 768.28, Florida Statutes, and City shall furnish the
Contract Administrator with written verification of liability protection in accordance with state
law prior to final execution of this Agreement.
6.2 If City uses a Subcontractor, City shall ensure that each Subcontractor names "Broward
County" as an additional insured under the Subcontractor's Commercial General Liability,
Business Automobile Liability, and Excess/Umbrella policies.
ARTICLE 7. TERMINATION
7.1 This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice from
the aggrieved party identifying the breach. This Agreement may also be terminated for
convenience by either of the Parties. Termination for convenience by the Board or City shall be
effective on the termination date stated in written notice provided to the other party, which
termination date shall be not less than thirty (30) days after the date of such written notice.
This Agreement may also be terminated by the County Administrator upon such notice as the
County Administrator deems appropriate under the circumstances in the event the County
Administrator determines that termination is necessary to protect the public health, safety, or
welfare. If County erroneously, improperly, or unjustifiably terminates for cause, such
termination shall, at County's sole election, be deemed a termination for convenience, which
shall be effective thirty (30) days after such notice of termination for cause is provided.
7.2 Notice of termination shall be provided in accordance with the "Notices" section of this
Agreement except that notice of termination by the County Administrator, which the County
Administrator deems necessary to protect the public health, safety, or welfare may be verbal
notice that shall be promptly confirmed in writing in accordance with the "Notices" section of
this Agreement.
BCF#101
09/23/19 4-
7.3 In the event this Agreement is terminated for convenience by County, City shall be paid
for any services properly performed under the Agreement through the termination date
specified in the written notice of termination. City acknowledges that it has received good,
valuable, and sufficient consideration from County, the receipt and adequacy of which are
hereby acknowledged by City, for County's right to terminate this Agreement for convenience.
7.4 In the event this Agreement is terminated for any reason, any amounts due City shall be
withheld by County until all documents are provided to County pursuant to Section 9.1 of
Article 9.
ARTICLE 8. EEO AND CBE COMPLIANCE
8.1 No party to this Agreement may discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy,
or gender identity and expression in the performance of this Agreement.
City shall include the foregoing or similar language in its contracts with any Subcontractors,
except that any project assisted by the U.S. Department of Transportation funds shall comply
with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26.
Failure by City to carry out any of the requirements of this Section shall constitute a material
breach of this Agreement,which shall permit County to terminate this Agreement or to exercise
any other remedy provided under this Agreement, Broward County Code of Ordinances,
Broward County Administrative Code, or under other applicable law, all such remedies being
cumulative.
8.2 Although no County Business Enterprise goal has been set for this Agreement, County
encourages City to give full consideration to the use of CBE firms to perform work under this
Agreement.
8.3 By execution of this Agreement, City represents that it has not been placed on the
discriminatory vendor list as provided in Section 287.134, Florida Statutes. City further
represents that it is not ineligible to contract with County on any of the grounds stated in
Section 287.135, Florida Statutes. County hereby materially relies on such representation in
entering into this Agreement. An untrue representation of the foregoing shall entitle County to
terminate this Agreement and recover from City all monies paid by County pursuant to this
Agreement, and may result in debarment from County's competitive procurement activities.
ARTICLE 9. MISCELLANEOUS
9.1 Rights in Documents and Work. Any and all reports, photographs, surveys, and other
data and documents provided or created in connection with this Agreement are and shall
remain the joint property of County and City and, if a copyright is claimed, City grants to County
a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works,
BCF#101
09/23/19 5-
and to make and distribute copies to the public. In the event of termination of this Agreement,
any reports, photographs, surveys, and other data and documents prepared by City, whether
finished or unfinished, shall be the joint property of County and City and copies shall be
delivered by City to the Contract Administrator within seven (7) days after termination of this
Agreement. Any compensation due to City shall be withheld until all documents are received as
provided herein. Cityitye shall ensure that the requirements of this Section are included in all
agreements with its Subcontractor(s).
9.2 Public Records. To the extent City is acting on behalf of County as stated in Section
119.0701, Florida Statutes, City shall:
a. Keep and maintain public records required were County performing the services
under this Agreement;
b. Upon request from County, provide County with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time and at a cost that
does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise
provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt from
public record requirements are not disclosed except as authorized by law for the
duration of the Agreement and following completion of the Agreement if the records
are not transferred to County; and
d. Upon termination of the Agreement, transfer to County, at no cost, all public records
in possession of City or keep and maintain public records required were County
performing the service. If City transfers the records to County, City shall destroy any
duplicate public records that are exempt or confidential and exempt. If City keeps and
maintains public records upon termination of the Agreement, City shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to County upon request in a format that is compatible with the
information technology systems of County.
The failure of City to comply with the provisions of this Section shall constitute a material
breach of this Agreement entitling County to exercise any remedy provided in this Agreement
or under applicable law.
A request for public records regarding this Agreement may be made directly to either Party,
who will be responsible for responding to any such public records requests. The Parties will
provide any requested records to each other to enable timely responses to the public records
requests.
BCF#101
09/23/19 6-
IF EITHER PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO A PARTY'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE BROWARD COUNTY CUSTODIAN
OF PUBLIC RECORDS, PETER BURKE AT (954)519-1224, pburke@broward.org, 1
N. University Drive, #201, Plantation, FL 33324, OR MICHAEL CERNECH AT 7525
N.W 88th Avenue, Tamarac, FL 33321; michael.cernech@tamarac.org; 954-597-
3510.
9.3 Audit Rights, and Retention of Records. County shall have the right to audit the books,
records, and accounts of City and its Subcontractors that are related to this Agreement. City
and its Subcontractors shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Agreement and performance
thereunder. All books, records, and accounts of City and its Subcontractors shall be kept in
written form, or in a form capable of conversion into written form within a reasonable time,
and upon request to do so, City or its Subcontractor, as applicable, shall make same available at
no cost to County in written form.
City and its Subcontractors shall preserve and make available, at reasonable times within
Broward County for examination and audit by County, all financial records, supporting
documents, statistical records, and any other documents pertinent to this Agreement for a
minimum period of three (3) years after expiration or termination of this Agreement or until
resolution of any audit findings, whichever is longer. County audits and inspections pursuant to
this Section may be performed by any County representative (including any outside
representative engaged by County). County reserves the right to conduct such audit or review
at City's place of business, if deemed appropriate by County, with seventy-two (72) hours'
advance notice.
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. If an audit or inspection
in accordance with this Section discloses overpricing or overcharges to County of any nature by
City in excess of five percent (5%) of the total contract billings reviewed by County, the
reasonable actual cost of County's audit shall be reimbursed to County by City in addition to
making adjustments for the overcharges. Any adjustments or payments due as a result of such
audit or inspection shall be made within thirty (30) days from presentation of County's findings
to City.
City shall ensure that the requirements of this Section are included in all agreements with its
Subcontractor(s).
9.4 Financial Statements and Management Letters. City shall provide a copy of City's
audited financial statements and any applicable management letter(s) as well as City's response
to any management letter(s). The audit of the financial statements shall be prepared by an
independent certified public accountant in accordance with generally accepted accounting
BCF#101
09/23/19 7-
principles for the fiscal year County funds are received and for each subsequent fiscal year until
such time as all of County funds are expended.
City shall provide to County's Contract Administrator copies of a special report showing all
revenues, by source, and all expenditures as set forth in the Scope of Services for the program
being funded by this Agreement. The report shall specifically disclose any funds received which
were not expended in accordance with this Agreement or with any regulations incorporated by
reference therein. It shall identify the total of noncompliant expenditures as due back to
County. If the special report is prepared by an independent certified public accountant, it shall
be in accordance with generally accepted auditing standards. If the special report is prepared
by an internal auditor, it shall be as nearly in accordance with generally accepted auditing
standards as the status of the internal auditor permits, realizing that the internal auditor may
not issue the opinions required therein. The special report is to be filed with City's governing
body.
City shall submit the documents required by this Section to County's Contract Administrator
within one hundred twenty (120) days after the close of City's fiscal years in which City receives
funds under this Agreement, unless otherwise approved by the Contract Administrator in
writing.
9.5 Truth-In-Negotiation Representation. City's compensation under this Agreement is
based upon representations supplied to County by City, and City certifies that the information
supplied, including without limitation in the negotiation of this Agreement, is accurate,
complete, and current at the time of contracting. County shall be entitled to recover any
damages it incurs to the extent such representation is untrue.
9.6 Public Entity Crime Act. City represents that it is familiar with the requirements and
prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. In addition to the
foregoing, City further represents that there has been no determination that it committed a
public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether City has been placed on the convicted vendor list.
Notwithstanding any provision in this Agreement to the contrary, if any representation stated
in this paragraph is false, County shall have the right to immediately terminate this Agreement
and recover all sums paid to City under this Agreement.
9.7 Independent Contractor. City is an independent contractor under this Agreement. In
providing Services under this Agreement, neither City nor its agents shall act as officers,
employees, or agents of County. City shall not have the right to bind County to any obligation
not expressly undertaken by County under this Agreement.
9.8 Third Party Beneficiaries. Neither City nor County intends to directly or substantially
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no
BCF#101
09/23/19 8-
third party beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
9.9 Notices. In order for a notice to a party to be effective under this Agreement, notice
must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the addresses
listed below and shall be effective upon mailing. The addresses for notice shall remain as set
forth below unless and until changed by providing notice of such change in accordance with the
provisions of this Section.
FOR COUNTY:
Broward County Environmental Protection and Growth Management Department
Attn: Henry Sniezek, Director
Governmental Center, Room 329B
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email address: hsniezek@broward.org
FOR CITY:
Michael Cernech, City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
Email address: michael.cernech@tamarac.org
9.10 Assignment and Performance. Except for subcontracting approved in writing by County
at the time of its execution of this Agreement, neither this Agreement nor any right or interest
in this Agreement may be assigned, transferred, subcontracted, or encumbered by City without
the prior written consent of County. If City violates this provision, County shall have the right to
immediately terminate this Agreement. City represents that each person and entity that will
provide services under this Agreement is duly qualified to perform such services by all
appropriate governmental authorities, where required, and is sufficiently experienced and
skilled in the area(s) for which such person or entity will render services. City agrees that all
services under this Agreement shall be performed in a skillful and respectful manner, and that
the quality of all such services shall equal or exceed prevailing industry standards for the
provision of such services.
9.11 Conflicts. Neither City nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with City's loyal and conscientious exercise of judgment and care related to its
performance under this Agreement. None of City's officers or employees shall, during the term
of this Agreement, serve as an expert witness against County in any legal or administrative
proceeding in which he, she, or City is not a party, unless compelled by court process. Further,
such persons shall not give sworn testimony or issue a report or writing, as an expression of his
or her expert opinion, which is adverse or prejudicial to the interests of County in connection
BCF#101
09/23/19 9-
with any such pending or threatened legal or administrative proceeding unless compelled by
court process. The limitations of this Section shall not preclude City or any persons in any way
from representing themselves, including giving expert testimony in support thereof, in any
action or in any administrative or legal proceeding. In the event City is permitted pursuant to
this Agreement to utilize Subcontractors to perform any services required by this Agreement,
City shall require such Subcontractors, by written contract, to comply with the provisions of this
Section to the same extent as City.
9.12 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
herein was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this
Agreement, and each is, therefore, 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.
9.13 Compliance with Laws. City shall comply with all applicable federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
9.14 Severability. In the event any part of this Agreement is found to be unenforceable by
any court of competent jurisdiction, that part shall be deemed severed from this Agreement
and the balance of this Agreement shall remain in full force and effect.
9.15 Joint Preparation. This Agreement has been jointly prepared by the Parties, and shall
not be construed more strictly against either Party.
9.16 Interpretation. The headings contained in this Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and the singular shall
include the plural, and vice versa, unless the context otherwise requires. Terms such as
herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not
to any particular sentence, paragraph, or section where they appear, unless the context
otherwise requires. Whenever reference is made to a section or article of this Agreement, such
reference is to the section or article as a whole, including all of the subsections of such section,
unless the reference is made to a particular subsection or subparagraph of such section or
article.
9.17 Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached hereto or referenced
or incorporated herein and any provision of Articles 1 through 9 of this Agreement, the
provisions contained in Articles 1 through 9 shall prevail and be given effect.
BCF#101
09/23/19 10-
9.18 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the state of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in
the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any
claim arising from, related to, or in connection with this Agreement must be litigated in federal
court, the exclusive venue for any such lawsuit shall be in the United States District Court or
United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A
PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF
THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS
SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE
REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE
REQUEST FOR JURY TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN
ADJUDICATING THE MOTION.
9.19 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the Board and City or others
delegated authority or otherwise authorized to execute same on their behalf.
9.20 Prior Agreements. This Agreement represents the final and complete understanding of
the parties regarding the subject matter hereof and supersedes all prior and contemporaneous
negotiations and discussions regarding that subject matter. There is no commitment,
agreement, or understanding concerning the subject matter of this Agreement that is not
contained in this written document.
9.21 HIPAA Compliance. It is expressly understood by the Parties that County personnel or
their agents have access to protected health information (hereinafter known as "PHI") that is
subject to the requirements of 45 CFR Parts 160, 162, and 164 and related regulations. City is
considered by County to be a covered entity or business associate or is required to comply with
the Health Insurance Portability and Accountability Act of 1996 (hereinafter known as "HIPAA"),
and City shall fully protect individually identifiable health information as required by HIPAA and,
if requested by County, shall execute a Business Associate Agreement for the purpose of
complying with HIPAA. Where required, City shall handle and secure such PHI in compliance
with HIPAA and its related regulations and, if required by HIPAA or other laws, include in its
Notice of Privacy Practices" notice of City's and County's uses of client's PHI. The requirement
to comply with this provision and HIPAA shall survive the expiration or earlier termination of
this Agreement. County hereby authorizes the County Administrator to sign Business Associate
Agreements on its behalf. City shall ensure that the requirements of this Section are included in
all agreements with its Subcontractors.
BCF#101
09/23/19 11-
9.22 Payable Interest
9.21.1 Payment of Interest. County shall not be liable to pay any interest to City for
any reason, whether as prejudgment interest or for any other purpose, and in
furtherance thereof City waives, rejects, disclaims and surrenders any and all
entitlement it has or may have to receive interest in connection with a dispute or claim
arising from, related to, or in connection with this Agreement. This paragraph shall not
apply to any claim for interest, including for post-judgment interest, if such application
would be contrary to applicable law.
9.21.2 Rate of Interest. If, for whatever reason, the preceding subsection is
determined to be invalid or unenforceable by a court of competent jurisdiction, the
annual rate of interest payable by County under this Agreement, whether as
prejudgment interest or for any other purpose, shall be, to the full extent permissible
under applicable law, 0.25% (one quarter of one percent) simple interest
uncompounded).
9.23 Incorporation by Reference. Any and all Recital clauses stated above are true and
correct and are incorporated herein by reference. The attached Exhibits are incorporated into
and made a part of this Agreement.
9.24 Representation of Authority. Each individual executing this Agreement on behalf of a
party hereto hereby represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute this Agreement
on behalf of such party and does so with full legal authority.
9.25 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
9.26 Contingency Fee. City represents that it has not paid or agreed to pay any person or
entity, other than a bona fide employee working solely for City, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making
of this Agreement. If County learns that this representation is false, County shall have the right
to terminate this Agreement without any further liability to City. Alternatively, if such
representation is false, County, at its sole discretion, may deduct from the compensation due
City under this Agreement the full amount of such fee, commission, percentage, gift, or
consideration.
9.27 Use of County Logo. City shall not use County's name, logo, or otherwise refer to this
Agreement in any marketing or publicity materials without the prior written consent of County.
Remainder of Page Intentionally Left Blank)
BCF#101
09/23/19 12-
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement: BROWARD
County through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or
Vic -Mayor, authorized to execute same by Board action on the c day of
20v and City, signing by and through its UGCdulyauthorized'to execute same.
COUNTY
ATTEST. BROWARD COUNTY, by and through
its Board ty Commissioners
By:owari"---;County Administrator, as TLEx-officio Clerk of the Broward County 2S day of r 20S6
Board of County Commissioners Dale\ r H71nes
Approved as to form by
j 2
Andrew J. Meyers
Broward County Attorney
Insurance requirements approved by Broward Governmental Center, Suite 423
County Risk Management Division: 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By: U1*-71c1 Telec pi r: (954)357-7641
Name: Qt POMr1I
By:12 a I okTitle: 1 L (q' b Q,t' Kristin . Da e)
Assistant County Attorney
011111411.4100
Maite Azcoitia Date)
CREAM ED Deputy County Attorney
o OCT 1st o* =
t •oq0P 1915
cOuN•
11f1111111
BCF#101
09/23/19 13-
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR A DISBURSEMENT
FROM THE BROWARD COUNTY TREE PRESERVATION TRUST FUND
CITY
CITY OF TAMARAC
Attest: 64/By e/u(,l (
Mayor-Commis ner
4-tirLiCsCity Clerk \\\11111 r day of t 2, 20 l
TAM ,/,
cji
coSTAsii39:61:3:
1
City Manager
90 C`OU y`\
d day of) XT , 20
APPROVED AS TO FORM:
By 44 , 1,., ,i 1ry:
City Att ey
BCF#101
09/23/19 14-
Exhibit A- Scope of Services
City of Tamarac
Woodland Lakes 71-18 B
Landscaping Improvements
Tree Preservation Trust Fund Project
Preliminary Estimate of Probable Costs
Tree/Palm Species Size Quantity Unit Cost Total Cost
Live Oak 10-12', 2" Cal 12 500.00 6,000.00
Bald Cypress 10-12', 2" Cal 10 375.00 3,750.00
Additional Ancillary Costs
Mulch, Fertilizer, Staking, Soil, Watering N/A N/A 2,438.00
Total Project Costs: $12,188.00
City Requirements: City or its landscape contractor shall install all trees indicated
above and provide all mulch, staking, fertilizing, soil and watering.
BCF#101
09/23/19 15-
c, N . Z r"a
EXHIBIT A
Z
p M m v O
0 0"
tt 0 cn O
0 O p i r 1S v
m m
N N
1 -1
N M m
9 1-peoj puelsj etild 4Jo'v to
v
to m
V22
o
mi
i ,0, C 41r oCO E
XI m a E N e
oh topImt0i
m 4
s.z -n 1, ip In
r
SaSff41
t ,
X 0 v.d,9 :.
1 as \
WI
w b,,
kzt 18 J
o o a o
ii Jrea.:. t: i lI r
r lye i 1 sr /h, r
1 _ u • rL) L1
P/
Q
JJ Y it \ y,,,
F
kir 3 s*
I d -fail k C G \ t iIr N
1
E ? L fi.n
1 2 ` 4' k i trK
yr „Pi;pyutr
Y. i_ f
k
fl' • j
rtcD0QIUIIU y
N 3 mN 1 ri1AmcmA1 <w co
S n C/1 1 «n ri> O ' k
m m a 3 r p + it ' i
RI
C
Coament Pa,h:U:IFdeIOPERATIONS°ROUNCSllardscagng Projec[s1Woodland lakes71-1861'Nood'and Laks.nud
BCF#101
09/23/19 16-
EXHIBIT B
CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS AND SUPPLIERS
RLI/Bid/Contract No.
Project Title
The undersigned City hereby swears under penalty of perjury that:
1. City has paid all subcontractors and suppliers all undisputed contract obligations for
labor, services, or materials provided on this project in accordance with Section 4.2.1 of the
Agreement, except as provided in paragraph 2 below.
2. The following subcontractors and suppliers have not been paid because of disputed
contractual obligations; a copy of the notification sent to each, explaining in reasonably specific
detail the good cause why payment has not been made, is attached to this form:
Subcontractor or supplier's name and address Date of disputed Amount in dispute
invoice
3. The undersigned is authorized to execute this Certification on behalf of City.
Dated 20
City
By
Signature)
By
Name and Title)
STATE OF
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by who is personally known to me or
who has produced as identification and who did/did not take an oath.
WITNESS my hand and official seal,this day of 20_
NOTARY SEAL)
Signature of person taking acknowledgment)
Name of officer taking acknowledgment; printed/typed/stamped)
My commission expires:
BCF#101
09/23/19 1-