HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-014 Temp. Reso. #13562
February 10, 2021
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021 — OJ
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, ACCEPTING A
REIMBURSEMENT IN THE AMOUNT OF $500,000.00
FROM BROWARD COUNTY FOR THE COMPLETED
DRAINAGE SYSTEM IMPROVEMENTS LOCATED ALONG
NW 54TH STREET AND NW 28TH AVENUE AND CROSSING
PROSPECT ROAD; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT AND
NECESSARY DOCUMENTS BETWEEN THE CITY OF
TAMARAC AND BROWARD COUNTY FOR SAID
REIMBURSEMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents with operational drainage systems throughout the City; and
WHEREAS, the City Commission of the City of Tamarac desires to leverage City
of Tamarac funds with grants and similar programs whenever possible and practical; and
WHEREAS, the City of Tamarac Public Services Department had previously
determined repairs to the Stormwater Drainage System within the Tamarac Lakes North,
Section 3, Subdivision (AKA Boulevards Subdivision) were necessary, due to the
condition of the corrugated metal pipes (CMPs), which had been in place for more than
30 years, and had deteriorated to the state of potential structural failure; and
WHEREAS, the City of Tamarac contracted HSQ Group, Inc., Amtec Surveying,
Inc., Johnson-Davis Inc., and Murphy Pipeline Contractors, Inc. to provide construction
services and associated work in connection with the repair and replacement of the failing
• Boulevards Community CMPs; and
Temp. Reso. #13562
February 10, 2021
Page 2
WHEREAS, the project is now completed and Broward County has agreed to
provide the City with partial funding for a portion of the completed project; and
WHEREAS, the total actual cost of the project was $1,863,196.80, and Broward
County has agreed to reimburse the City in the form of one (1) lump sum payment of
$500,000.00; and
WHEREAS, the City of Tamarac is required to approve an Agreement between the
Broward County and the City of Tamarac for Improvements to the Boulevards Community
Drainage and Recharge Pipes, a copy of said Agreement is attached hereto as "Exhibit
1"; and
WHEREAS, it is the recommendation of the Director of Financial Services and the
Director of Public Services that the City Commission accept the lump sum reimbursement
of $500,000.00, approve the Agreement between the Broward County and the City of •
Tamarac for Improvements to the Boulevards Community Drainage and Recharge Pipes,
and that the appropriate City Officials be authorized to execute said Agreement and to
take all necessary actions and provide all necessary documents to effectuate said
Agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve and accept
the lump sum reimbursement of $500,000.00, approve the Agreement between the
Broward County and the City of Tamarac for Improvements to the Boulevards Community
Drainage and Recharge Pipes, and to authorize the appropriate City Officials to take all
necessary actions and provide all necessary documents to effectuate said Agreement.
•
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
Temp. Reso. #13562
February 10, 2021
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IICITY 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. 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 does HEREBY accept
the $500,000.00 lump sum reimbursement from Broward County.
SECTION 3: The appropriate City Officials are HEREBY authorized to execute the
agreement and provide necessary documents, hereto attached as "Exhibit 1", between
the City of Tamarac and Broward County, for the acceptance of the lump sum
reimbursement of$500,000.00.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
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Temp. Reso. #13562
February 10, 2021
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SECTION 6: This Resolution shall become effective immediately upon its passage •
and adoption.
PASSED, ADOPTED AND APPROVED this ] �t, day of , 2021.
iy
MICHELLE J. GOMEZ
MAYOR
ATTEST:
/("
JE FER JO NSON, MC •
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ _i
DIST l: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: VIM VILLALOBOS
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
HANS OTTINOT
INTERIM CITY ATTORNEY
1111
TR No. 13562
Exhibit 1
Agreement between Broward County and the City of Tamarac
for Improvements to the Boulevards Community Drainage and Recharge Pipes
This agreement ("Agreement") between Broward County ("County"), a political
subdivision of the State of Florida, and the City of Tamarac ("City"), a municipal
corporation organized and existing under the laws of the State of Florida (collectively, the
"Parties"), is entered into and effective as of the date this Agreement is fully executed by
the Parties ("Effective Date").
Recitals
A. The drainage system located along NW 54th Street and NW 28th Avenue
and crossing Prospect Road, in the community known as Tamarac Lakes North (the
"Boulevards Community"), provides a local drainage function for the Boulevards
Community and a County surface water recharge for the surrounding aquifer and public
water supply wellfield.
B. The above-referenced drainage system was previously serviced by
corrugated metal pipes (the "Boulevards Community CMPs") that were over fifty (50)
years old and failing due to age, pipe depth, and soil conditions.
C. In or about February 2018, City determined that repair and replacement of
the Boulevards Community CMPs were necessary to prevent future pipe failures and
repair existing failures in an expedited timeframe.
D. City contracted with HSQ Group, Inc., Amtec Surveying, Inc., Johnson-
Davis Inc., and Murphy Pipeline Contractors, Inc. (collectively, the "Contractors and
Consultants")to provide construction services and associated work in connection with the
repair and replacement of the failing Boulevards Community CMPs (the "Project").
E. The Project is now complete, and County has agreed to provide City with
partial funding for a portion of the Project, as described below.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement. This document, Articles 1 through 9, inclusive of all referenced exhibits
and Recitals.
1.2 Board. The Board of County Commissioners of Broward County, Florida.
1.3 Contract Administrator. The Director of Broward County Water and Wastewater
Services ("BCWWS"), or designee, who is the representative of County concerning the
Project.
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Exhibit 1
1.4 County Administrator. The administrative head of County appointed by the Board.
1.5 County Attorney. The chief legal counsel for County appointed by the Board.
ARTICLE 2. REPRESENTATIONS AND WARRANTIES
2.1 Representations. City makes the following representations and warranties
concerning the Project:
2.1.1 City has prepared, or caused to be prepared, design and construction plans
and specifications for the Project, and provided, or caused to be provided,
construction inspection services for the Project.
2.1.2 The Project was designed in conformance with all applicable building codes,
ordinances, regulations, laws, professional standards, and any other City
engineering standards pertinent to the Project.
2.1.2 City secured the contract(s) necessary for the completion of the Project
pursuant to its competitive bidding process and any and all applicable state and
federal laws.
2.1.3 The total actual cost of the Project was One Million Eight Hundred Sixty-
three Thousand One Hundred Ninety-six and 80/100 Dollars ($1,863,196.80)
2.1.4 The Project was constructed in accordance with the City-approved design
and construction plans and specifications.
2.1.5 City has obtained and closed out all permits for the Project required by the
applicable permitting agency(ies) and has paid all fees associated with such
permits.
2.1.6 City determined that no new rights-of-way or easements in favor of City or
County were required to complete the Project.
2.1.7 City has paid the Contractors and Consultants in full for all services provided
by the Contractors and Consultants as part of the Project and has satisfied all other
indebtedness connected with the Project, if any.
2.2 Each of City's representations and warranties in section 2.1 above are material to
this Agreement and are true and correct in every material respect. City's representations
and warranties, and any document furnished by City in accordance with this Agreement,
do not, or will not, contain any untrue statement of material fact or omit to state a material
fact required to be stated or necessary to make any statement therein not misleading.
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Exhibit 1
ARTICLE 3. SCOPE OF PARTICIPATION
3.1 Permitting and Rights-of-Way/Easements.
3.1.1 City is solely responsible for all permitting fees relating to the Project. City
is not entitled to reimbursement from County for any permitting fees associated
with the Project. If the applicable permitting agency(ies) require any additional
permits for the Project subsequent to the Effective Date, City is responsible for
obtaining and closing out such permits and paying the associated fees.
3.1.2 If it is later determined that the Project as constructed requires any new
rights-of-way or easements, City is responsible for securing such rights-of-way or
easements.
3.2 Maintenance. City is responsible for maintaining the Boulevards Community
CMPs, as restored by the Project, in suitable condition to perform their intended functions.
3.3 Corrective Work. City is responsible for any corrective work, and all associated
costs, related to or arising from defective, deficient, or nonconforming work furnished by
City, City's Contractors and Consultants, or any subcontractors or suppliers thereof
relating to the Project.
3.4 Project Documents and Inspection. City shall provide or otherwise make available
to County the following in the manner specified:
3.4.1 Within thirty (30) days of the Effective date, City shall provide County with:
(1) a complete set of records and as-built drawings for the Project in a form
acceptable to the Contract Administrator; (2) the design and construction plans
and specifications for the Project; (3) a complete program and financial accounting
activity report for the Project; and (4) a final release for each of the Contractors
and Consultants, and any subcontractors, sub-subcontractors, and suppliers
thereof.
3.5 Conditions Precedent to Payment. County shall provide City with County's share
of the funding for the Project, in the manner and amount described in Article 4, only after
all of the following conditions have been met:
3.5.1 City satisfies all of its obligations under section 3.4 above, as applicable.
3.5.2 City provides County with billing and supporting information in conformance
with section 4.2 below.
3.6 County has no further obligation except as otherwise specifically set forth in this
Agreement. County claims no ownership of the Boulevards Community CMPs. Other than
the payment described in Article 4, County will have no responsibility for the Boulevards
Community CMPs and will not be required to provide any additional resources, labor, or
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Exhibit 1
financial assistance related to the maintenance, repair, upgrade, or replacement of the
Boulevards Community CMPs.
ARTICLE 4. COSTS
4.1 The total actual cost of the Project was One Million Eight Hundred Sixty-three
Thousand One Hundred Ninety-six and 80/100 Dollars ($1,863,196.80), as outlined in
Exhibit A, Work Conducted by City, attached hereto and incorporated herein. County shall
reimburse City in the form of one (1) lump sum payment of Five Hundred Thousand
Dollars ($500,000.00).
4.1.1 County's payment for the Project in the amount stated above includes any
and all reimbursable expenses, and the County shall not pay City any additional
sum for reimbursable expenses. County shall not be responsible for costs
attributable to work furnished, or time spent, by City staff relating to the Project and
that County's payment for the Project does not include such costs.
4.2 City shall submit to County one final invoice for Five Hundred Thousand Dollars
($500,000.00), as stated in section 4.1 above. The final invoice must show a detailed
summary of the total actual cost of the Project and must contain all supporting cost
documentation and evidence of payment in full to the Contractors and Consultants, and
any other contractor(s), consultant(s), or supplier(s) who performed services related to
the Project with whom City is in privity. Payment is strictly conditioned upon City's
compliance with section 3.5 above.
ARTICLE 5. TERM AND TERMINATION
5.1 The term of this Agreement begins on the Effective Date and shall automatically
terminate upon the City's acceptance of payment as outlined in Article 4, except for
Articles 3, 4, 6, 7, 8 and sections 9.3 and 9.13, which shall survive the termination of this
Agreement.
5.2 This Agreement may be terminated for cause by the non-breaching party if the
breaching party does not correct the breach within thirty (30) days after receipt of written
notice from the non-breaching party identifying the breach; provided however, that, if City
breaches the Agreement in a manner which cannot be cured by subsequent action (e.g.,
misrepresenting to County a material fact concerning the Project), then County must only
provide City reasonable notice of its intent to terminate the Agreement. County may
terminate this Agreement for cause for reasons including, but not limited to: the
inaccuracy of any of City's representations and warranties contained in section 2.1 above,
irrespective of whether City intentionally or inadvertently misrepresented the information
contained therein; City's failure to perform its obligations under Article 3, as applicable,
regardless of whether any such failure was previously waived or cured; or City's repeated
(whether negligent or intentional) submission for payment of false or incorrect bills or
invoices.
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Exhibit 1
5.3 This Agreement may also be terminated for convenience by the Board.
Termination for convenience by the Board will be effective on the termination date stated
in a written notice provided by County.
5.4 If County erroneously, improperly, or unjustifiably terminates for cause, such
termination shall be deemed a termination for convenience, which shall be effective thirty
(30) calendar days after such notice of termination for cause is provided.
5.5 Notwithstanding any of the above, this Agreement may also be terminated by the
County Administrator upon such notice as the County Administrator deems appropriate
in the event that the County Administrator determines that termination is necessary to
protect the public health, safety, or welfare.
5.6 Notice of termination will be provided in accordance with Article 6 below, except
that notice of termination by the County Administrator that the County Administrator
deems necessary to protect the public health or safety may be verbal notice, which shall
be promptly confirmed in writing in accordance with Article 6.
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 sent by
commercial express carrier with acknowledgement of delivery, or by hand-delivery with a
request for a written receipt of acknowledgement of delivery, together with a
contemporaneous copy via e-mail, to the addresses listed below and shall be effective
upon mailing or hand delivery (provided the contemporaneous email is also sent). The
addresses for notice will remain as set forth herein unless and until changed by providing
notice of such change in accordance with the provisions of this Article 6.
For County:
Director, Water Management Division
Water and Wastewater Services
2555 West Copans Road
Pompano Beach, Florida 33069
Email: agarcia@broward.org
For City:
Michael Cernech, City Manager
City of Tamarac
7525 NW 88th Avenue Tamarac, FL 33321
Email: Michael.Cernech@tamarac.org
With a copy to:
Jack Strain, Director of Public Services
City of Tamarac
Public Services South Building
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Exhibit 1
10101 State Street
Tamarac, FL 33321
Email: Jack.Strain@tamarac.org
ARTICLE 7. INDEMNIFICATION
7.1 County and City are entities subject to Section 768.28, Florida Statutes, as may
be amended from time to time. City agrees to be fully responsible for the acts and
omissions of its Contractors and Consultants as well as its agents or employees to the
extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by either party nor will 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.
7.2 City shall at all times hereafter indemnify and hold harmless the County, its
officers, agents, servants, and employees (collectively or individually, "Indemnified Party")
from and against any and all causes of action, demands, claims, losses, liabilities and
expenditures of any kind, including attorney fees, court costs, and expenses, caused or
alleged to be caused by any intentional or negligent act of, or omission of, City, its
employees, agents, servants, or officers, including, without limitation, any and all claims,
losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any
lawsuit or other proceeding is brought against any Indemnified Party by reason of any
such claim, cause of action or demand, City shall, upon written notice from County, resist
and defend such lawsuit or proceeding by counsel that is satisfactory to County and
consistent with City's insurance policy. The provisions and obligations of this section shall
survive the expiration or earlier termination of this Agreement. To the extent the County
Administrator and the County Attorney, in their reasonable discretion, determine it is
required, any sums due City under this Agreement may be retained by County until all of
County's claims for indemnification pursuant to this Agreement have been settled or
otherwise resolved; and any amount withheld shall not be subject to payment of interest
by County.
7.3 If City contracts with a third party to provide maintenance or repair of the
Boulevards Community CMPs, any contract with such third party must include the
following provision:
7.3.1 Indemnification: City's contractor will indemnify and hold harmless County,
its officers, agents, and employees, from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of City's contractor and
other persons employed or utilized by City's contractor in the performance of this
contract. These indemnifications will survive the term of this contract. If any action
or proceeding is brought against County by reason of any such claim or demand,
City's contractor must, upon written notice from County, resist and defend such
action or proceeding by counsel satisfactory to County.
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Exhibit 1
7.4 The provisions of this Article will survive the termination of this Agreement.
ARTICLE 8. INSURANCE
8.1 City is a governmental entity and is fully responsible for the acts and omissions of
its agents or employees, subject to any applicable limitations of Section 768.28, Florida
Statutes.
8.2 Upon request by County, City must provide County with written verification of
liability protection that meets or exceeds any requirements of Florida law. If City holds
any excess liability coverage, City must ensure that Broward County is named as an
additional insured and certificate holder under such excess liability policy and provide
evidence of same to County.
8.2.1 If City maintains broader coverage or higher limits than the minimum
coverage required under Florida law, County shall be entitled to such broader
coverage and higher limits. County's insurance requirements shall apply to City
self-insurance.
8.2.2 In the event City contracts with a subcontractor to provide any future
services with regards to this Project, City shall require that each subcontractor
procure and maintain insurance coverage that adequately covers each
subcontractor's exposure based on the Services provided by that subcontractor.
City must ensure that all such Subcontractors name "Broward County" as an
additional insured and certificate holder under the applicable insurance policies
limited to their performance and obligations pursuant to their agreement with the
City. City shall not permit any subcontractor to provide services until the insurance
requirements of the subcontractor under this section are met. If requested by
County, City shall furnish evidence of insurance of all such subcontractors.
8.2.3 County reserves the right to review any and all insurance policies, and to
reasonably adjust the limits and/or types of coverage required herein, from time to
time throughout the term of this Agreement.
8.2.4 Coverage is not to cease and is to remain in full force and effect until all
performance required of City's Contractors and Consultants is completed.
ARTICLE 9. MISCELLANEOUS
9.1 Documents. Copies of any and all reports, photographs, surveys, plans, and other
data and documents provided or created in connection with this Agreement or the Project
must be provided to County at no cost upon request.
9.2 Audit Rights and Retention of Records. County shall have the right to audit the
books, records, and accounts of City that are related to the Project. City shall keep such
books, records, and accounts as maybe necessaryin order to record complete and
P
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Exhibit 1
correct entries related to the Project. All books, records, and accounts of City 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 shall make same available at no cost to
County in written form.
City shall preserve and make available, at reasonable times for examination and audit by
County, all financial records, supporting documents, statistical records, and any other
documents pertinent to the Project for the required retention period of the Florida Public
Records Act, Chapter 119, Florida Statutes, 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. 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. City shall ensure that the
requirements of this section 9.2 are included in all agreements with its subcontractor(s).
9.3 Payable Interest.
9.3.1 Payment of Interest. County shall not be liable to pay any interest 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 subsection
shall not apply to any claim for interest, including for post-judgment interest, if such
application would be contrary to applicable law.
9.3.2 Rate of Interest. If the preceding subsection is inapplicable or 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, .025% (one quarter of one percent) simple interest
(uncompounded).
9.4 Nondiscrimination. 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.
9.5 Independent Entity. City is an independent entity under this Agreement, and
nothing in this Agreement constitutes or creates a partnership, joint venture, or any other
relation between the Parties. In providing services under this Agreement, neither City nor
its agents shall act as officers, employees, or agents of County. City does not have the
right to bind County to any obligations not expressly undertaken by County under this
Agreement.
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Exhibit 1
9.6 Third Party Beneficiaries. Neither City nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties agree that
there are no third-party beneficiaries to this Agreement and that no third party will be
entitled to assert a right or claim against either of them based upon this Agreement.
9.7 Assignment and Performance. Neither this Agreement nor any right or interest
herein may be assigned, transferred, subcontracted, or encumbered by City without the
prior written consent of County. If City violates this provision, County will have the right to
immediately terminate this Agreement. City represents that each person and entity that
has provided or 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 related to the Project have been performed
in a skillful and respectful manner, and that the quality of all such services equal or
exceed prevailing industry standards for the provision of such services.
9.8 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 of this Agreement.
County's failure to enforce any provision of this Agreement will not be deemed a waiver
of such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement will not be deemed a waiver of any subsequent breach and will not be
construed to be a modification of the terms of this Agreement. To be effective, any waiver
must be in writing signed by an authorized signatory of the relevant Party.
9.9 Compliance with Laws. City and its contractor(s) must comply with all applicable
federal, state, and local laws, codes, ordinances, rules, and regulations in performing its
duties, responsibilities, and obligations under this Agreement.
9.10 Joint Preparation. This Agreement has been jointly prepared by the Parties and
must not be construed more strictly against either party.
9.11 Interpretation. The titles and headings contained in this Agreement are for
reference purposes only and do not in any way affect the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement include the other gender, and
the singular includes 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.
9.12 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
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Exhibit 1
referenced or incorporated herein and any provision of Articles 1 through 9 of this
Agreement, the provision contained in Articles 1 through 9 will prevail and be given effect.
9.13 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement will be interpreted
and construed in accordance with and governed by the laws of the state of Florida. The
Parties agree and accept that jurisdiction of any controversies or legal problems arising
out of this Agreement, and any action involving the enforcement or interpretation of any
rights hereunder, will be exclusively in the state courts of the Seventeenth Judicial Circuit
in Broward County, Florida, and venue for litigation arising out of this Agreement shall be
exclusively in such state courts, forsaking any other jurisdiction which either Party may
claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS
AGREEMENT, THE COUNTY AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
9.14 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein will be effective unless contained in a written document prepared with
the same formality as this Agreement and executed by the Board and City or others
delegated authority to or otherwise authorized to execute same on their behalf.
9.15 Entire Agreement. This Agreement embodies the entire agreement between the
Parties. It may not be modified or terminated except as provided in this Agreement. If
any provision is invalid, it will be considered deleted from this Agreement, and such
deletion will not invalidate the remaining provisions.
9.16 Prior Agreements. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, or understandings applicable
to the matters contained herein. There is no commitment, agreement, or understanding
concerning the subject matter of this Agreement that is not contained in this
written document. Accordingly, no deviation from the terms hereof shall be predicated
upon any prior representation or agreement, whether oral or written.
9.17 Incorporation by Reference. The Parties acknowledge the truth and accuracy of
each recital clause set forth above and exhibit attached hereto. Each recital and exhibit
attached is incorporated into and made part of this Agreement.
9.18 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.
9.19 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which will be deemed to be an
original, but all of which, taken together, will constitute one and the same agreement.
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Exhibit 1
IN WITNESS WHEREOF, the Parties have made and executed this Agreement: Broward
County, through its Board of County Commissioners, signing by and through its Mayor or
Vice-Mayor, authorized to execute same by Board action on the day of
, 2021, and the City of Tamarac, signing by and through its
, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By
ex-Officio Clerk of the Broward County Mayor
Board of County Commissioners
day of , 2021
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division
By By
Signature (Date) Matthew Haber (Date)
Assistant County Attorney
Print Name and Title above By
Michael J. Kerr (Date)
Deputy County Attorney
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TR No. 13562
Exhibit 1
Agreement between Broward County and the City of Tamarac
for Improvements to the Boulevards Community Drainage and Recharge Pipes
ACCEPTED JBY CITY OF TAMARAC
\�.�`� 1TAtig9% By: q,1� 8 jr)) "
—
A �C�'% Michell J. Gomez
�.. Mayor
SHEp;
ESTAB�-� o= 1 I ate: �.....■■..��
.::' Of . A°101- -
ATTES. a' O.
%�9,�••...•... ��. . ichael C. Cernech
By: a4,i' ,,' •U� �- City Manager
Jennif Johns,,,ii,'IO C%
Ierk Date: ''D-}- (,(--"e—`
Approve a to form:
By0 ' f� .2
STATE OF FLORIDA : Hans Otti ot,
: SS Interim City Attorney
COUNTY OF61/�E�,(� :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid an )in/tpe County aforesaid to take acknowledgements, personally appeared
1lliC�lfR C • Cg a+ to me known to be the person(s) described in and
who executed the foregoing instrument and 146 acknowledged before me and
under oath that tte executed the same.
WITNESS my hand and official seal this P t7 day of e 'C ,
20 :24.
2
�NtY PUS � � 4,a,,a
OTARY PU IC, State of Florida
.�~.Z At Large
* fin, * conu►wssion A GO 14886$ 9
•, e& Expires October 5.2021
40,oft- tended 7bv Most Miry Swims
(Name of Notary Public: Print, Stamp,
(X) Personally known to me, or or Type as Commissioned)
( ) Produced identification
Type of I.D. Produced
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TR No. 13562
Exhibit 1
Exhibit A—Work Conducted by City
Design and Construction Observation Cost for Relocation of
Pipe Segment from West of NW 24th Avenue to NW 24th Avenue $24,097.65
Sonar Inspection of Existing CMP $11,590.75
Construction Cost for Relocation of Pipe Segment
From West of NW 24th Avenue to NW 24th Avenue $320,061.00
Pipe Bursting and Slip Lining of Remainder of CMP $1,507,447.40
TOTAL PROJECT COST $1,863,196.80
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