HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-107 Temp. Reso. No. 13527
October 20, 2020
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CITY OF TAMARAC, FLORIDA
RESOLUTION R-2020-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE AGREEMENT
AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN AGREEMENT WITH T-MOBILE FOR THE
CONNECTIVITY FOR EMPLOYMENT SUPPORT
PROGRAM, FUNDED WITH CARES ACT DOLLARS
RECEIVED THROUGH BROWARD COUNTY, ATTACHED
HERETO AS EXHIBIT "A", IN ACCORDANCE WITH THE
CITY'S CODE OF ORDINANCES, SECTION 6-148 ENTITLED
"EXCLUSIONS AND EXCEPTIONS TO BID AND PROPOSAL
REQUIREMENTS, SPECIFICALLY SECTION 6-148(i)
WAIVER OF PROCUREMENT PROCEDURES, FOR AN
AMOUNT NOT TO EXCEED $75,000; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On March 27, 2020, the Coronavirus Aid, Relief, and Economic
Security ("CARES") Act was signed into law, providing over $2 trillion in economic relief
to assist with the impact of the COVID-19 pandemic, $8.3 billion of which was allocated
to the State of Florida; and
WHEREAS, Based on its population, Broward County (the County) qualified for a
direct payment allocation and received $340,744,702 in funding from the Department of
the Treasury under the Coronavirus Relief Funds program, Catalog of Federal Domestic
Assistance ("CFDA") No. 21.019; and
WHEREAS, the County wishes to subaward a portion of the funds it received from
the CARES Act to Municipalities; and
WHEREAS, the City of Tamarac (the City) is a sub-recipient as defined under 2
CFR § 200.93; and has been identified as an eligible local government that has incurred
Temp. Reso. No. 13527
October 20, 2020
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costs due to the COVID-19 public health emergency that are eligible for reimbursement
under the Coronavirus Relief Fund Program, CFDA No. 21.019; and
WHEREAS, on September 23, 2020, the City Commission entered into a Sub-
Award Agreement with Broward County for Cares Act Funding via Resolution R2020-096;
and
WHEREAS, the City, by way of the Sub-Award Agreement, has provided a plan to
the County detailing activities and services to be funded, benefiting persons impacted by
COVID-19; and
WHEREAS, the Connectivity for Employment Support Program is one of the
activities to be undertaken using the CARES Act funds from the County; and
WHEREAS, the CARES Act Sub-Award Agreement requires expenditure of the
funds by December 30, 2020; and
WHEREAS the City desires to assist residents with restoring employment by
providing Connectivity for Employment Support through a partnership with T-Mobile; and
WHEREAS, T-Mobile will perform similar services to the youths in Tamarac with
the City's ongoing CDBG public service programs as approved in the City's 2020-2021
Action Plan; and
WHEREAS, the City seeks to continue its partnership with T-Mobile to obtain
goods and services to further the Connectivity for Employment Support Program, which
cannot be acquired through the normal purchasing process, as the December 30th, 2020
spending deadline creates a timing issue which precludes procurement of this service
through the normal purchasing process; and
WHEREAS, in accordance with Section 6-148 (i) of the City's Code of Ordinance,
the city commission may authorize the waiver of procurement procedures upon the
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October 20, 2020
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recommendation of the city manager that it is in the city's best interest to do so to obtain
goods and services which cannot be acquired through the normal purchasing process
due to insufficient time, the nature of the goods or services, or other factors. Purchases
authorized by the waiver process shall be acquired with such competition as is practicable
under the circumstances and only after a good faith review of all available sources and
negotiation as to price, delivery and terms. There shall be no waiver of procurement
procedures for procurements that are subject to the provisions of F.S. § 287.055 or §
255.20, as amended."; and
WHEREAS, the City Manager recommends the waiver of the procurement
procedures as he believes it is in the City's best interest to obtain the goods and services
from T-Mobile, as the same goods and services cannot be acquired through the normal
purchasing process due to insufficient time; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the health, safety and welfare of the citizens and residents of the City
of Tamarac to waive the procurement procedures in accordance with Section 6-148(i) of
the Code, approve the Connectivity for Employment Support Program and authorize the
execution of an agreement with T-Mobile in an amount not to exceed $75,000 from the
CARES Act funds received through the County, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing 'WHEREAS" clauses are hereby confirmed as being
true and correct and are hereby made a specific part of this Resolution.
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October 20, 2020
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Section 2. The City Commission of the City of Tamarac, Florida hereby approves
the Agreement and authorizes the waiver of the procurement procedure due to insufficient
time to employ the normal purchasing process, in accordance with Section 6-148(i) of the
City of Tamarac Code of Ordinances.
Section 3. The City Commission further authorizes the appropriate City Officials
to execute agreement with T-Mobile, attached hereto as Exhibit "A", to provide mobile
devices and connection service for the Connectivity for Employment Support Program with
CARES Act funds received through the County, for an amount not to exceed $75,000.
Section 4. The City Staff is hereby directed to take any and all action necessary
to effectuate the intent of this resolution.
Section 5. All resolutions or parts of resolutions on in conflict herewith be, and the
same are hereby repealed to the extent of such conflict.
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 application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 7. This Resolution shall become effective immediately upon its passage
and adoption.
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October 20, 2020
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS : , DAY OF OCTOBER, 2020.
CITY OF TAMARAC, FLORIDA
No'cg T A 11,4,4 ',//,, /- - ' :// 76: /
:`. • yt? Michele J. Gomez, MA
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CITY CLERK ' RECORD OF COMMISSION VOTE:
MAYOR GOMEZ ,�5
DIST 1: V/M BOLTON ' t.�
DIST 2: COMM. GELIN AW4q
DIST 3: COMM. FISHMAN lit,,6
DIST 4: COMM. PLACKO ir-Y-
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM:
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CITY ATTORN
DocuSign Envelope ID:8D1 B468E-0A18-40E0-B783-DA18F88AF813
r T-MOBILE
'1' FOR GOVERNMENT
GOVERNMENT MASTER SERVICES AGREEMENT
BETWEEN THE CITY OF TAMARAC AND T-MOBILE USA,
INC.
THIS GOVERNMENT MASTER SERVICES AGREEMENT ("Agreement") is entered into as of
November 25, 2020, (the "Effective Date") between the CITY OF TAMARAC, a Florida municipal
corporation, located at 7525 NW 88th Avenue Tamarac, Florida ("City" or "Customer"), and T-Mobile
USA, Inc., 12920 SE 38th Street,Bellevue, Washington 98006, a Delaware Corporation duly registered as
a Florida Foreign Corporation("T-Mobile"),(collectively the"Parties").
WITNESSETH:
WHEREAS,the City has been awarded Coronavirus Aid,Relief,and Economic Security("CARES")funds
by the U.S.Treasury through Broward County to provide services benefiting persons impacted by COVID-
19,especially the elderly;and
WHEREAS, T-Mobile has performed similar services, including but not limited to the Scope of Services
listed below("SERVICES"); and
WHEREAS,the City desires to engage T-Mobile to render SERVICES; and
NOW, THEREFORE,the Parties agree as follows:
ARTICLE I
UNDERLYING AGREEMENT
Customer agrees to purchase wireless mobile SERVICES and devices from T-Mobile and T-Mobile agrees
to provide the SERVICEDS and devices to Customer based on the prices listed below. The terms of
Customer's purchase and use of the Services will be governed by this Agreement and the NASPO
ValuePoint Contract No. 1907 and applicable Participating Addendum between the City and T-Mobile dated
October 3, 2018 ("Master Agreement"). The Master Agreement is incorporated herein in its entirety by
this reference. The NASPO Wireless Voice Service, Wireless Broadband Service, Accessories and
Equipment A Agreement No. 1907("NASPO 1907 Agreement")will expire on December 31,2020.The City
g �' ) P
agrees that this Agreement will begoverned bythe NASPO ValuePoint Wireless Data, Voice and
g
Accessories Master Agreement No. MA176 and applicable Participating Addendum ("NASPO MA176
Agreement")effective on or before January 1,2021.
ARTICLE II
SCOPE OF SERVICES
1. T-Mobile shall provide SERVICES for up to 156 individuals who are considered to be part of the City's
low and moderate-income population pursuant to the "Connectivity for Employment Support
Program", through the provision of up to 156 interne accessible mobile tablets with ongoing prepaid
service for a period of two(2)years from the delivery of the tablets as more fully described in this Article.
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2. Offer/Pricing. Mobile Rate Plans include Mobile Device as listed below:
• Discounted or free mobile Internet devices dependent on rate plan as described below.
Rate Plan Device Rate Plan Features Bundled Cost per
Line*
Government Mobile Internet device 2-Years Unlimited on $473.76
Unlimited Mobile is part of Bundle device 4G LTE data,
Internet for Tablets (MSRP: $264 Unlimited Messaging-
w/11 GB Hotspot depending on specific 11GB of 4G LTE Mobile
Bundle device)' Hotspot(reduced to 3G
after the bucket is used);
For use with tablets/iPads
only
' Specific mobile Internet device type(s)are subject to inventory availability provided to Customer
at T-Mobile's discretion.
* Prices do not include applicable taxes and surcharges, not qualified for any further aggregate
volume discount.
4. Total Order. Customer agrees to order the following lines of Service and, if applicable, Devices.
Amounts below do not include any applicable taxes and surcharges:
Total Bundled Term Total Cost for Total Subsidy Total Customer
Number Cost per Length Term Amount to Commitment for the
of Lines Line (months) Customer(Device Term of the
Discount/Subsidy x Agreement'
#of Lines)
156 $473.76 24 $73,906.56 $41,184 $73,906.56
1 Total Customer Commitment for Term is equal to the Total Cost for Term, subject to Section 5
below.
5. (a) Requirements to qualify for Device Discount/Subsidy:
• For the Device Discount/Subsidy to be effective, Customer must purchase a Device from T-
Mobile with an activated line of Service based on the rate plan listed above under its Master
Account.Each line of Service must be activated and maintained for at least 24 months from the
date of activation without any suspension or termination of any line of Service that received the
Device Discount/Subsidy(the"Device Discount/Subsidy Term");
• Customer agrees that it cannot change or move the lines of Service with a Device
Discount/Subsidy to a rate plan with a different or lower Rate Plan during the Device
Discount/Subsidy Term and if it does, Customer will reimburse T-Mobile for the Device
Discount/Subsidy received,as set forth in Section(c)below;
• Each line of Service and each Device purchased must be activated in accordance with the terms
of the Master Agreement;
• This Device Discount/Subsidy cannot be combined with any other discount or promo offers;
• Customer's account must remain in good standing with T-Mobile to receive the Device
Discount/Subsidy; and
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T MOBILE
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• Lines of Service that are terminated or suspended (without reactivation) within the Device
Discount/Subsidy Term will be subject to repayment of the Device Discount/Subsidy as set
forth below in Section (c). Customer may suspend lines during the summer months while
Customer is not in session;however,the terms for those lines will be extended to qualify for the
24 -month Device Discount/Subsidy Term, and the months while the lines are suspended will
not qualify to meet the Device Discount/Subsidy Term.
(b) Device Discount/Subsidy on Customer's Master Account.Subject to the requirements in the Section
above, T-Mobile will issue the Device Discount/Subsidy when Customer submits an order to T-
Mobile under its Master Account.
(c) Device Discount/Subsidy Term/Termination; Device Discount/Subsidy Repayment. If any line of
Service that received a Device Discount/Subsidy is terminated or suspended(without reactivation)
prior to the end of the Device Discount/Subsidy Term,then Customer agrees to reimburse T-Mobile
a pro rata portion of the Device Discount/Subsidy equal to 1/24th of the discounted or subsidized
amount for each month remaining in the Device Discount/Subsidy Term. T-Mobile will charge
Customer the repayment amount of the Device Discount/Subsidy for each line of Service terminated
before the end of the Device Discount/Subsidy Term on Customer's monthly bill.
ARTICLE III
CONDITION OF SERVICES
I. T-Mobile agrees to the following:
a) The SERVICES shall be provided as described in Article II.
b) Submit the invoice for Services as described in Section VII.
c) External Funding Requirements: This agreement is wholly or partially funded by grants, loans or
programs administered by Federal governmental agencies or State governmental agencies,or both.
Customer,and not T-Mobile,is responsible for ensuring Customer's compliance with all applicable
Federal, State and Local funding source and procurement laws, rules and regulations (including,
without limitation, laws, rules and regulations under the Coronavirus Aid, Relief, and Economic
Security("CARES")Act) (collectively "Applicable Funding Law"), and Customer represents and
warrants compliance with the same. T-Mobile, as it relates to payment by the City or Broward
County under any portion of the proposed contract utilizing funding sources, is not a recipient,
subcontractor,subrecipient or subgrantee,but rather a vendor/contractor that is a provider of goods
and related services.
T-Mobile acknowledges and agrees that throughout the performance of this agreement that
applicable federal law may be clarified,enacted or amended by legislation,case law,rule,or agency
interpretation.As such T-Mobile,upon notification by the City or upon knowledge obtained by the
T-Mobile and notice to the City shall comply with all applicable federal law.T-Mobile and the City
will use good faith efforts to reach mutual agreement on an amendment, pursuant to Article VI
herein, as it relates to any such clarified, enacted, or amended applicable federal law. However,
the parties agree and acknowledge that either party may, upon 10 days' advance written notice to
the other party,terminate this Agreement effective as of December 30,2020 in the event that such
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TT-MOBILE
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party determines in its reasonable,good faith discretion that City does not have appropriated funds
lawfully authorized and available to pay for Services or Devices under Applicable Law after
December 30, 2020. If City has prepaid for Service for any periods after the effective date of
termination under this section, T-Mobile will refund the prorated portion of such prepaid amounts
relating to the future periods. City will reimburse T-Mobile in accordance with ARTICLE
II/Paragraph 5(c).
ARTICLE III
TERM OF AGREEMENT
This Agreement shall commence on the Effective Date entered above , and shall continue for a period of
two(2)years from the date of provision of each individual tablet with no additional costs to be incurred by
the City after the payment described in Article VII of this Agreement.
ARTICLE IV
DEFAULT
1. For purposes of this Agreement(and the documents referenced or incorporated herein),a default shall
include without limitation the the failure of a Party,its agents and employees,as applicable,to cure a
material breach regarding material terms and conditions of this Agreement within thirty(30)days of
receiving notice of such breach.
a. In the event a Party fails to cure a breach under this Article, the other Party may exercise any and
all rights including those rights expressed in Article V.
b. Additionally,a Party shall be entitled to bring any and all legal and/or equitable actions in Broward
County,Florida,in order to enforce its rights and remedies against the breaching party and shall be
entitled to recover all costs of such actions including a reasonable attorney's fee, at trial and
appellate levels,to the extent allowed by law.
ARTICLE V
TERMINATION
The City and T-Mobile agree that this Agreement, subject to Article III, Section 5, may be terminated by
either party for convenience upon written notice at least thirty(30)days prior to the effective date of such
termination.
ARTICLE VI
AMENDMENTS
Any alterations,variations,modifications,waivers,or provisions of this Agreement shall only be valid when
they have been reduced to writing,duly approved and signed by both parties,and attached to the original of
this Agreement. This Agreement contains all the terms and conditions agreed upon by the Parties. No other
agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or
bind any of the Parties.
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TiT MOBILE
FOR GOVERNMENT
ARTICLE VII
METHOD OF PAYMENT
Upon execution of this Agreement, the City shall make payments to T-Mobile for expenditures incurred
under this Agreement based on actual expenditures with supportive documentation in accordance with the
program budget and implementation. The maximum amount payable under this contract is Seventy-Five
Thousand Dollars and 00/100 Dollars($75,000.00)and shall represent the only source of funding received
from the City for the Scope of Services. The entire amount must be invoiced by November 30,2020.
All payments shall be governed by the requirements of the Local Government Prompt Payment Act,F.S.,
Part VII,Chapter 218.
ARTICLE VIII
CONFLICT OF INTEREST
The conflict of interest provisions of this section apply to any person who is an employee,agent,consultant,
officer,or official of T-Mobile.
T-Mobile covenants that persons described in this section who exercise any functions or responsibilities
under this part or who are in a position to participate in a decision making process or gain information with
regard to such activities may not obtain a financial interest in any contract, subcontract or benefit from an
activity being provided under this Agreement,nor may have a financial interest in any contract,subcontract
or agreement with respect to an activity covered under this Agreement,either for themselves or those with
whom they have family or business ties.
Any such interest on the part of T-Mobile or its employees shall be disclosed in writing to the City. T-
Mobile agrees to abide and be governed by the conflict of interest requirements applicable to or promulgated
by Federal agencies or the City,which are incorporated by reference.
ARTICLE IX
INDEMNIFICATION
To the fullest extent permitted by law,T-Mobile shall indemnify,hold harmless and defend,not excluding
the City's right to participate, Customer from and against all liability,claims, actions,damages,losses, and
expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of any alleged
negligent or willful acts or omissions of T-Mobile,its officers,employees and agents.
ARTICLE X
PERFORMANCE MONITORING; REPORTS
Performance Monitoring
The City will monitor the performance of T-Mobile based on goals and performance standards as stated
above for any and all contract performance. .
Performance Evaluation
At the end of the Agreement, or at any prearranged time, the City Manager may evaluate T-Mobile's
performance.This evaluation will become public record.
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IT MOBILE
FOR GOVERNMENT
ARTICLE XI
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated
from federal funds and funding is contingent upon approval and funding by Federal Government through
Broward County Government.
ARTICLE XII
NOTICES
It is understood and agreed between the Parties that all notices which may arise in connection with this
Agreement shall be considered sufficient when made in writing and mailed or delivered to the appropriate
address:
If to the City: CITY OF TAMARAC
7525 NW 886 Avenue
TAMARAC,FL 33321
Attn: City Manager
With Copies to: CITY OF TAMARAC
Samuel S. Goren,Esq.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale,Florida 33308
Attn: City Attorney
CITY OF TAMARAC
7525 NW 886 Avenue
TAMARAC,FL 33321
Attn: Director of Community Development Department
T-Mobile: T-Mobile,USA,Inc.
12920 SE 38th Street
Bellevue,WA 98006
Attn: Peter Vargas,
Director,Public Sector&Education—South Region
With an email copy to: Legal_Government_Contracts@t-
mobile.com
or to such other address as may be designated in writing.
ARTICLE XIII
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T-MOBILE
J FOR GOVERNMENT
SUBCONTRACTS
This Agreement may not be assigned or otherwise transferred by either Party in whole or in part without the
express prior written consent of the other Party,which consent will not unreasonably be withheld.T-Mobile
reserves the right to assign this contract to any parent,subsidiary or affiliate of T-Mobile or to any purchaser
of all or substantially all its assets.
ARTICLE XIV
ACCESS TO RECORDS;AUDITS
ACCESS TO RECORDS
1. T-Mobile, as outlined in Article XIV of this Agreement, shall, during the term and for a period of 5-
years thereafter or as otherwise required by Florida Law, allow upon reasonable written notice access
during normal business hours to relevant business records to authorized Federal, State or City
representatives and agrees to provide such reasonable assistance as may be necessary to facilitate
financial audit by any of these representatives to insure compliance with applicable accounting and
financial standards. T-Mobile shall allow access during normal business hours,at T-Mobile's business
offices,to all relevant records, forms, files,and documents which have been generated in performance
of this Agreement,to those personnel as may be designated by the City. If a third party auditor acting
on behalf of the Customer is utilized for access to records, such access shall be subject to a non-
disclosure agreement to the extent allowable under applicable Florida law.
2. Documentation and Record Keeping
a. Records to be Maintained. T-Mobile shall maintain all records required by F.S. 119.0701(2)(b)
"Public Records",that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
i. Records providing a full description of each activity undertaken;
ii. Records required to determine the eligibility of activities
b. Upon request from the City's custodian of public records, T-Mobile shall provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
c. T-Mobile shall ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if T-Mobile does not transfer the
records to the City.
d. T-Mobile shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian of public
records, in a format that is compatible with the information technology systems of the City
provided that T-Mobile utilizes such format and can provide in such format in T-Mobile's
ordinary course of business. Should the format utilized by T-Mobile not be compatible with the
City's systems, T-Mobile shall reasonably assist the City in rendering the records in a format
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useful to the City, provided the solution will not result in T-Mobile incurring any additional
expense..
3. Audits T-Mobile shall maintain copies of books, records, documents, and other evidence directly
pertaining to or connected with the services under this Agreement which shall be available and accessible
at T-Mobile's offices for the purpose of inspection,audit,and copying during normal business hours by
City,or any of its authorized representatives for a period of five years after its termination or expiration.
T-Mobile agrees that the City and county, state, or federal agencies shall have the right to audit T-
Mobile's books, records, and accounts for which the respective agencies have provided the funding
source of the programs administered by T-Mobile is provided for under this Agreement. Audits,reviews,
monitoring, inspections, and investigations conducted pursuant to this Agreement may include, but are
not limited to,on-site visits during normal business hours by City,county,state or federal staff,interviews
of staff,review of performance and financial reports,determining and monitoring appropriate corrective
action,and issuing management letters on deficiencies or weaknesses identified. Any third party auditor
acting on behalf of the City shall be subject to prior approval by T-Mobile and may be required at T-
Mobile's sole discretion to T-Mobile's Non-Disclosure Agreement prior to examining, inspecting,
copying or auditing T-Mobile's non-public records as defined in the Non-Disclosure Agreement. T-
Mobile shall fully comply and cooperate with any auditing and monitoring activities required under
applicable law by City, county,state or federal agencies.
ARTICLE XV
SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid,the remainder of this Agreement shall not be affected if
such remainder would then continue to conform to the terms and requirements of applicable law.
ARTICLE XVI
INSURANCE
T-Mobile shall obtain at T-Mobile's expense all necessary insurance in such form and amount as required
by the City's Risk& Safety Manager before beginning work under this agreement including,but not limited
to,Workers'Compensation Insurance,General Liability Insurance,with limits of$1,000,000 per occurrence
and $2000,000 general aggregate, Unemployment Insurance and all other insurance required by law. T-
Mobile shall maintain such insurance in full force and effect during the life of this Agreement. T-Mobile
shall provide to the City's Risk and Safety Manager certificates of insurance required under this section prior
to beginning any work under this Agreement. The General Liability policy shall be endorsed to include the
City of Tamarac as additionally insured. The City shall also be named as the Certificate Holder.
Compliance with the foregoing requirements shall not relieve T-Mobile of its liability and obligations under
this section or any other section of this Agreement.
ARTICLE XVII
CIVIL RIGHTS
T-Mobile agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D
&E)and Title VIII of the Civil Rights Act of 1968,as amended,which provides in part that T-Mobile will
take affirmative action to ensure that employees and those of its subcontractors are treated during
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employment, without regard to their race, color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or
disability if qualified in performance of this Agreement, in regard to persons served, or in regard to
employees or applicants for employment. It is expressly understood that upon receipt of evidence of such
discrimination,the City shall have the right to terminate this Agreement.
T-Mobile also agrees to abide and be governed by the Age Discrimination Act of 1975, as amended, 42
USC,which provides in part that there shall be no discrimination against persons in any area of employment
because of age.
ARTICLE XVIII
PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the Program must be by mutual agreement of the
Parties and recognize the City as the recipient funded by HUD as the entity, which provided funds for the
project.
ARTICLE XIX
VENUE,APPLICABLE LAW
This Agreement shall be governed by the laws of Florida, and any action shall be brought in Broward
County,Florida.
ARTICLE XX
SCRUTINIZED COMPANIES
By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, T-
Mobile certifies that T-Mobile is not participating in a boycott of Israel. T-Mobile further certifies that T-
Mobile is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with
Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or has T-Mobile been engaged in business operations in Syria. Subject to limited exceptions
provided in state law,the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to T-Mobile of the City's determination concerning the false
certification. T-Mobile shall have five (5) days from receipt of notice to refute the false certification
allegation.If such false certification is discovered during the active contract term,T-Mobile shall have ninety
(90) days following receipt of the notice to respond in writing and demonstrate that the determination of
false certification was made in error.If T-Mobile does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time.
ARTICLE XXI
UNCONTROLLABLE FORCES
Neither the City nor T-Mobile shall be considered to be in default of this Agreement if delays in or failure
of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence,the non-performing party could not avoid.The term"Uncontrollable Forces"shall mean any event
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"1" IT-MOBILE
FOR GOVERNMENT
which results in the prevention or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party.It includes,but is not limited to fire,
flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental
actions.
Neither party shall, however, be excused from performance if nonperformance is due to forces, which are
preventable,removable,or remediable,and which the nonperforming party could have,with the exercise of
reasonable diligence,prevented,removed, or remedied with reasonable dispatch. The nonperforming party
shall,within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
ARTICLE XXIII
SURVIVAL OF PROVISIONS
Articles IX,X,XII,XIV and XVI shall survive the expiration or termination of this Agreement.
ARTICLE XXIV
NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process
in which each party was represented by counsel and contributed to the drafting of this Agreement. Given
this fact, no legal or other presumptions against the party drafting this Agreement concerning its
construction,interpretation or otherwise accrue to the benefit of any party to the Agreement,and each party
expressly waives the right to assert such a presumption in any proceedings or disputes connected with,
arising out of,or involving this Agreement.
ARTICLE XXV
PUBLIC RECORDS CUSTODIAN
IF T-MOBILE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO T-MOBILE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
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rri T MOBILE
FOR GOVERNMENT
[The remainder of page is intentionally blank]
IN WITNESS WHEREOF,the parties have executed this Agreement by their respective proper officers duly
authorized the day and year first above written.
T-MOBILE:
T-Mobile,USA,Inc.
r—DocuSigned by: Name
r ( u'sou, 11/25/2020 i DocuSIg1nedby:
`—B35FA7D3A68144D... pat valets 11/25/2020
�jtmbHile,)egal Approved BY: —3D87F780DB8948D
\\\\\Orr TA
Nl�A Peter Vargas,Director,Public Section&
•` .�) Education—South Region
•
ATTEST:' ESTABLISHED : �t CITY OF TAMARAC
1963 ��
SEAL _
(Je er Johnso ,e Michael C.Cernech,City Manager
Approv to form:
1/19/04JZ)))z4) -•
City Attorney
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