HomeMy WebLinkAboutR-2011-062 - authorizes officials to execute Agreement with BC to furnish & install bus shelter improvements RESOLUTION NO. 2011-062
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH BROWARD COUNTY TO FURNISH AND
INSTALL BUS SHELTER IMPROVEMENTS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That that certain Agreement with Broward County attached in substantial form
as Exhibit "A" is approved, in connection with the furnishing and installing bus shelter
improvements and the proper City officials are authorized to execute such Agreement.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of the City.
Section 3. That all Resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on June 28, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
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EXHIBIT "A"
AGREEMENT
between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
MAINTENANCE OF BUS SHELTERS
RESOLUTION#2011-062
AGREEMENT
between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
MAINTENANCE OF BUS SHELTERS
THIS IS AN AGREEMENT made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, its successors and assigns, hereinafter referred to as
"COUNTY," through its Board of County Commissioners,
AND
CITY OF DANIA BEACH, a municipal corporation located in Broward County, Florida,
organized and existing under the laws of the state of Florida, hereinafter referred to as
"MUNICIPALITY."
WHEREAS,the parties desire to increase the amenities at bus stops to improve the comfort
of the traveling public; and
WHEREAS,COUNTY has determined that it is cost effective for COUNTY to furnish and
install bus shelter improvements within the jurisdictional limits of MUNICIPALITY,provided that
MUNCIPALITY agrees to maintain the bus shelters upon installation; and
WHEREAS,MUNICIPALITY has expressed its desire to maintain the improvements; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY to
improve bus stop comfort by providing bus shelters and other amenities;NOW, THEREFORE,
IN CONSIDERATION of the mutual terms,conditions,promises,and covenants hereinafter
set forth, COUNTY and MUNICIPALITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 "Agreement" shall mean this document, Articles I through 8, inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly incorporated by
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reference.
1.2 "Board" shall mean the Broward County Board of County Commissioners.
1.3 "Contract Administrator" shall mean the Broward County Administrator,the Director of
the Transportation Department or designee of such County Administrator or Director. The
primary responsibilities of the Contract Administrator are to coordinate and communicate
with MUNICIPALITY and to manage and supervise execution and completion of the terms
and conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Participation.
1.4 "County Administrator" shall mean the administrative head of COUNTY pursuant to
Sections 3.02 and 3.03 of the Broward County Charter.
1.5 "County Attorney" shall mean the chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County
Charter.
1.6 "Department" shall mean the Broward County Transportation Department.
1.7 "Bus Shelter(s)" shall mean the bus stop shelter pad(s), shelter structure(s), trash
receptacle(s) and other amenities commonly associated with shelters.
ARTICLE 2
SCOPE
COUNTY and MUNICIPALITY shall:
2.1 COUNTY shall install or cause to be installed Bus Shelter(s)which are described and located
as set forth on Exhibit "A" within the jurisdiction of MUNICIPALITY. The installation of
the Bus Shelter(s) shall be at no cost to MUNICIPALITY. The Bus Shelters shall remain
the property of COUNTY. MUNICIPALITY shall provide easement(s)in a form acceptable
to COUNTY prior to the installation of the Bus Shelter(s), if requested by COUNTY.
2.2 MUNICPALITY agrees to maintain,at its sole cost and expense,the Bus Shelter(s)set forth
on Exhibit"A," in compliance with any and all applicable laws which shall include,but not
be limited to,laws and regulations relating to the Americans with Disabilities Act of 1990,as
currently enacted or as may be amended from time to time ("ADA"). The Bus Shelter(s)
shall be kept clean and free from trash and debris. The Bus Shelter(s) shall be kept free of
graffiti. As part of the maintenance responsibility, MUNCIPALITY shall at all time keep
Bus Shelters in good repair and replace defective, damaged, or worn out parts of the Bus
Shelter(s). MUNICIPALITY's responsibility to keep the Bus Shelter(s)in good repair shall
include all necessary maintenance of any type or nature, including, but not limited to,
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maintenance,repair and replacement of defective,damaged,or worn out parts due to normal
wear and tear, acts of God, vandalism and accidents. MUNCIPALITY shall take all
necessary steps to maintain the Bus Shelters in a manner to protect against injury to any
person or property.
In the event that a Bus Shelter should suffer significant damage, MUNICIPALITY shall
immediately report the damage to COUNTY and MUNICIPALITY shall immediately take
any and all steps reasonably necessary to protect against injury to any person or property.
Significant Damage shall mean damage to the Bus Shelter which renders the Bus Shelter no
longer suitable to meet and perform adequately for the purpose for which is was constructed
and it may not be safely maintained within the parameters set forth by the manufacturer.
Following a determination by COUNTY,in consultation with MUNICIPALITY,that the Bus
Shelter has suffered Significant Damage and that the Bus Shelter is beyond repair,
MUNICIPALITY shall remove the Bus Shelter within seventy-two(72)hours from notice of
COUNTY's determination. COUNTY's determination relating to the ability to repair the Bus
Shelter shall be final. Neither COUNTY nor MUNICIPALITY shall be required to replace a
shelter which has suffered significant damage and been deemed by COUNTY to be beyond
repair. In the event that COUNTY, in its sole discretion shall replace a Bus Shelter,
MUNCIPALITY acknowledges and agrees that all terms and conditions of this Agreement
shall apply to the replacement Bus Shelter.
2.3 All Bus Shelter(s)shall at all times have a notification sign posted with the name and phone
number of the contact person for MUNICIPALITY responsible for maintenance of the Bus
Shelter(s)so that members of the public may contact MUNICIPALITY regarding problems
with the Bus Shelter(s). MUNICIPALITY shall promptly respond and correct all complaints
regarding maintenance.
2.4 COUNTY and MUNICIPALITY agree and understand that this Agreement does not change
the COUNTY road functional classification.
2.5 No advertisements will be permitted on Bus Shelters.
2.6 The maintenance obligations of the MUNICIPALITY as set forth in this Agreement may be
performed by MUNICIPALITY through the use of its employees or MUNICIPALITY may
enter into a contract with a third party to perform the services. In the event MUNICIPALITY
contracts with a third party,MUNICIPALITY shall remain fully responsible hereunder and
shall ensure that its contractor complies at all times with each and every term, condition,
duty, and obligation set forth herein.
ARTICLE 3
TERM AND TERMINATION
3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and
shall terminate as provided for in Sections 3.2 through 3.6 herein below.
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3.2 This Agreement may be terminated for cause by COUNTY, through action of the Board if
MUNICIPALITY has not corrected the breach within thirty(30)days of written notice given
by COUNTY to MUNICIPALITY setting forth the breach. If MUNICIPALITY corrects the
breach within thirty (30) days after written notice of same, to the sole satisfaction of
COUNTY, the Agreement shall remain in full force and effect. If such breach is not
corrected and improved within thirty(30)days of receipt of notice of breach,COUNTY may
terminate the Agreement. Specifically in the case of MUNICIPALITY's requirement to
maintain the Property, COUNTY, at the option of Contract Administrator,may cause such
breach to be corrected and improved and bill MUNICIPALITY for the costs of such
correction and improvement, or terminate this Agreement. If COUNTY opts to correct and
improve the breach and bills MUNICIPALITY for same,MUNICIPALITY shall then remit
to COUNTY the amount so billed within thirty (30) days of MUNICIPALITY's receipt
thereof.
3.3 Termination of this Agreement for cause shall include, but not be limited to, failure of
MUNICIPALITY to suitably perform the services required by Article 2 herein, failure of
MUNICIPALITY to maintain the Bus Shelter(s) pursuant to the terms of this Agreement,or
a failure of MUNICIPALITY to continuously perform the services required by the terms and
conditions of this Agreement in a manner calculated to meet or accomplish the objectives set
forth herein,notwithstanding whether any such breach was previously waived or cured.
3.4 This Agreement may be terminated for convenience by COUNTY upon thirty (30) days'
written notice given by COUNTY to MUNICIPALITY. This Agreement may also be
terminated by County Administrator upon such notice as County Administrator deems
appropriate in the event that County Administrator determines that termination is necessary
to protect the public health, safety, or welfare.
3.5 In the event this Agreement is terminated for convenience,upon being notified of election to
terminate, the parties shall refrain from performing further services or incurring additional
expenses under the terms of this Agreement. MUNICIPALITY acknowledges and agrees
that Ten Dollars ($10.00), the adequacy of which is hereby acknowledged by
MUNICIPALITY, is given as specific consideration to MUNICIPALITY for COUNTY's
right to terminate this Agreement for convenience.
3.6 Notice of termination shall be provided in accordance with the Article 5,"NOTICES,"except
that notice of termination by County Administrator which County Administrator deems
necessary to protect the public health,safety,or welfare may be verbal notice which shall be
promptly confirmed in writing in accordance with Article 5, "NOTICES."
ARTICLE 4
CHANGES IN SCOPE
Any change to the Scope must be accomplished by a written amendment, executed by the
parties in accordance with Section 8.12 below.
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ARTICLE 5
NOTICES
Whenever either party desires to give notice to the other,such notice must be in writing,sent
by certified United States Mail,postage prepaid,return receipt requested,or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the present, the parties
designate the following:
FOR BROWARD COUNTY:
Director, Broward County Transportation Department
3201 West Copans Road
Pompano Beach, Florida 33069
FOR MUNICIPALITY:
City of Dania Beach, Florida
Attn: Robert Baldwin, City Manager
100 West Dania Beach Blvd.
' Dania Beach, Florida 33004
ARTICLE 6
INDEMNIFICATION
6.1 MUNICIPALITY is a state agency or political subdivision as defined in Section 768.28,
Florida Statutes(2006), as may be amended, and agrees to be fully responsible for acts and
omissions of its agents or employees to the extent permitted by law. Nothing herein is
intended to serve as a waiver of sovereign immunity by any party to which sovereign
immunity may be applicable. Nothing herein shall be construed as consent by a state agency
or political subdivision of the state of Florida to be sued by third parties in any matter arising
out of this Agreement or any other contract.
6.2 In the event that MUNICIPALITY contracts with a third party to provide the services set
forth herein, addressed herein above, any contract with such third party shall include the
following provisions:
6.2.1 Indemnification:MUNICIPALITY's contractor shall at all times hereafter indemnify
and hold harmless COUNTY,its officers,agents,servants,and employees from and
against any and all causes of action, demands, claims, losses, liabilities and
expenditures of any kind,including attorney's fees,court costs,and expenses,caused
or alleged to be caused by intentional or negligent act of, or omission of,
MUNICIPALITY's contractor, its employees, agents, servants, or officers, or
accruing,resulting from,or related to the subject matter of this Agreement including,
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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 COUNTY by reason of any such claim, cause of action or demand,
MUNICIPALITY's contractor shall,upon written notice from COUNTY,resist and
defend such lawsuit or proceeding by counsel satisfactory to COUNTY or, at
COUNTY's option, pay for an attorney selected by County Attorney to defend
COUNTY. The provisions and obligations of this section shall survive the expiration
or earlier termination of this Agreement.
6.2.2 In order to insure the indemnification obligation,MUNICIPALITY's contractor shall,
at a minimum,provide,pay for,and maintain in force at all times during the term of
this Agreement (unless otherwise provided), the insurance coverages set forth in
Article 7, Section 7.2, in accordance with the terms and conditions required by this
Article.
6.2.3 The policies referred to in Section 6.2.2 above shall be without any deductible
amount and shall be issued by United States Treasury approved companies
authorized to do business in the state of Florida, and having agents upon whom
service of process may be made in Broward County, Florida.
ARTICLE 7
INSURANCE
7.1 MUNICIPALITY is an entity subject to Section 768.28, Florida Statutes, as may be
amended, and MUNICIPALITY shall furnish Contract Administrator with written
verification of liability protection in accordance with state law prior to final execution of this
Agreement. Additionally,if MUNICIPALITY elects to purchase excess liability coverage,
MUNICIPALITY agrees that COUNTY will be furnished with a Certificate of Insurance
listing the Broward County Board of County Commissioners as certificate holders and as
additional named insureds.
7.2 In the event that MUNICIPALITY contracts with a third parry to provide the services set
forth herein, any contract with such third party shall include, at a minimum, the following
provisions:
7.2.1 Insurance: MUNICIPALITY's contractor shall at all times during the term of this
Agreement keep and maintain in full force and effect, at contractor's sole cost and
expense, insurance of the types and amounts as set forth on Exhibit "B," a copy of
which is attached hereto and incorporated herein by reference as if set forth in full,
and shall name COUNTY and Broward County Board of County Commissioners as
an additional insured.
7.2.2 MUNICIPALITY's contractor shall furnish to Contract Administrator Certificates of
Insurance or Endorsements evidencing the insurance coverages specified by this
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Article prior to beginning the performance of work under this Agreement.
7.2.3 Coverage is not to cease and is to remain in full force and effect (subject to
cancellation notice)until all performance required of MUNICIPALITY'S contractor
is completed. All policies must be endorsed to provide COUNTY with at least thirty
(30)days notice of cancellation and/or restriction. If any of the insurance coverages
will expire prior to the completion of the work, copies of renewal policies shall be
furnished at least thirty(30) days prior to the date of their expiration.
7.2.4 The policies referred to above shall be without any deductible amount and shall be
issued by approved companies authorized to do business in the state of Florida, and
having agents upon whom service of process may be made in Broward County,
Florida.
7.2.5 The foregoing requirements represent minimum coverages that shall be contained in
MUNICIPALITY'S contracts with a third party. Any additional requirements for
professional liability,property/builders risk,installation floater,and environmental or
pollution shall be subject to MUNICIPALITY's standard requirements for the
Project.
ARTICLE 8
MISCELLANEOUS
8.1 AUDIT RIGHT AND RETENTION OF RECORDS.
COUNTY shall have the right to audit the books,records,and accounts of MUNCIPALITY
and its subcontractors that are related to this Agreement. MUNCIPALITY 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 Project. All books,records,and accounts
of MUNCIPALITY 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,
MUNCIPALITY or its subcontractor,as applicable, shall make same available at no cost to
COUNTY in written form.
MUNCIPALITY and its subcontractors shall preserve and make available, at reasonable
times for examination and audit by COUNTY,all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for the required
retention period of the Florida Public Records Act,Chapter 119,Florida Statutes,as may be
amended from time to time, if applicable, or, if the Florida Public Records Act is not
applicable, for a minimum period of three(3)years after termination of this Agreement. If
any audit has been initiated and audit findings have not been resolved at the end of the
retention period or three(3)years,whichever is longer,the books,records,and accounts shall
be retained until resolution of the audit findings. If the Florida Public Records Act is
determined by COUNTY to be applicable to MUNCIPALITY's and its subcontractors'
records,MUNCIPALITY and its subcontractors shall comply with all requirements thereof,
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however,no confidentiality or non-disclosure requirement of either federal or state law shall
be violated by MUNCIPALITY or its subcontractors. 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.
8.2 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY,AND AMERICANS
WITH DISABILITIES ACT.
MUNICIPALITY shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. MUNICIPALITY shall affirmatively comply with all applicable provisions of
the Americans with Disabilities Act(ADA)in the course of providing any services funded by
COUNTY,including Titles I and II of the ADA(regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
MUNICIPALITY shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons. Such actions shall include, but not be limited to, the following:
employment, upgrading,demotion,transfer,recruitment or recruitment advertising, layoff,
termination,rates of pay,other forms of compensation,terms and conditions of employment,
training(including apprenticeship), and accessibility.
8.2.1 MUNICIPALITY's decisions regarding the delivery of services under this Agreement
shall be made without regard to or consideration of race,age,religion,color,gender,
sexual orientation (Broward County Code, Chapter 161/2), national origin, marital
status, physical or mental disability, political affiliation, or any other factor which
cannot be lawfully used as a basis for service delivery.
8.2.2 MUNICIPALITY shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16'/2) in performing any services pursuant to this Agreement.
MUNICIPALITY shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 8.2.
8.3 INDEPENDENT CONTRACTOR
MUNCIPALITY is an independent contractor under this Agreement. Services provided by
MUNCIPALITY pursuant to this Agreement shall be subject to the supervision of
MUNCIPALITY. In providing such services, neither MUNCIPALITY nor its agents shall
act as officers, employees, or agents of COUNTY. No partnership,joint venture, or other
joint relationship is created hereby. COUNTY does not extend to MUNCIPALITY or
MUNCIPALITY's agents any authority of any kind to bind COUNTY in any respect
whatsoever.
8.4 THIRD PARTY BENEFICIARIES.
Neither MUNICIPALITY nor COUNTY intends to directly or substantially benefit a third
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party by this Agreement. Therefore, the parties agree that there are no- third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
against either of them based upon this Agreement. The parties expressly acknowledge that it
is not their intent to create any rights or obligations in any third person or entity under this
Agreement.
8.5 ASSIGNMENT AND PERFORMANCE.
Neither this Agreement nor any right or interest herein shall be assigned, transferred, or
encumbered without the written consent of the other party. In addition, MUNCIPALITY
shall not subcontract any portion of the work required by this Agreement, except as
authorized herein. COUNTY may terminate this Agreement,effective immediately,if there
is any assignment,or attempted assignment,transfer,or encumbrance,by MUNCIPALITY of
this Agreement or any right or interest herein without COUNTY's written consent.
MUNCIPALITY represents that each person who will render services pursuant to this
Agreement is duly qualified to perform such services by all appropriate governmental
authorities,where required,and that each such person is reasonably experienced and skilled
in the area(s) for which he or she will render his or her services.
MUNCIPALITY shall perform its duties,obligations,and services under this Agreement in a
skillful and respectable manner. The quality of MUNCIPALITY's performance and all
interim and final product(s)provided to or on behalf of COUNTY shall be comparable to the
best local and national standards
8.6 MATERIALITY AND WAIVER OF BREACH.
COUNTY and MUNCIPALITY agree that each requirement, duty, and obligation set forth
herein was bargained for at arms'-length and is agreed to by the parties in exchange for quid
pro quo,that each is substantial and important to the formation of this Agreement and that
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.
8.7 COMPLIANCE WITH LAWS.
MUNICIPALITY shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations pursuant to
this Agreement.
8.8 SEVERANCE.
In the event a portion of this Agreement is found by a court of competent jurisdiction to be
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invalid, the remaining provisions shall continue to be effective unless COUNTY or
MUNICIPALITY elects to terminate this Agreement. An election to terminate this
Agreement based upon this provision shall be made within seven(7)days after the finding by
the court becomes final.
8.9 JOINT PREPARATION.
Each party and its counsel have participated fully in the review and revision of this
Agreement and acknowledge that the preparation of this Agreement has been their joint
effort. The language agreed to expresses their mutual intent and the resulting document shall
not,solely as a matter of judicial construction,be construed more severely against one of the
parties than the other. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
8.10 PRIORITY OF PROVISIONS.
If there is a conflict or inconsistency between any term,statement,requirement,or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement by reference and a term, statement, requirement, or
provision of this Agreement, the term, statement, requirement, or provision contained in
Articles 1 through 8 of this Agreement shall prevail and be given effect.
8.11 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. All 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, shall 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,MUNICIPALITY AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
8.12 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 COUNTY and MUNICIPALITY or others
delegated authority to or otherwise authorized to execute same on their behalf.
8.13 PRIOR AGREEMENTS.
This document incorporates and includes all prior negotiations, correspondence,
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conversations,agreements,and understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this Agreement that are not contained in this document. Accordingly,
the parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
8.14 INCORPORATION BY REFERENCE.
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the
parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this
Agreement.
8.15 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.
8.16 MULTIPLE ORIGINALS.
Multiple copies of this Agreement may be executed by all parties, each of which, bearing
original signatures, shall have the force and effect of an original document.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY,through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice-Mayor,authorized to execute same
by Board action on the day of , 20_, and the CITY OF DANIA BEACH,
signing by and through its , duly authorized to execute same.
COUNTY:
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of the , Mayor
Board of County Commissioners
of Broward County, Florida day of , 20_
Approved as to form by
Office of County Attorney
Broward County, Florida
JONI ARMSTRONG COFFEY, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Approved as to Insurance Fort Lauderdale, Florida 33301
Requirements: Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By By
Risk Management Sharon V. Thorsen
Senior Assistant County Attorney
APPROVED:
Deputy County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
MAINTENANCE OF BUS SHELTERS
CITY OF DANIA BEACH:
ATTEST:
By
Louise Stilson, CMC, City Clerk Patricia A. Flury, Mayor
(SEAL) day of , 2011.
Robert Baldwin, City Manager
day of , 2011.
APPROVED AS TO FORM:
By
Thomas J. Ansbro, City Attorney
SVT:sw
6/15/11
01/04/11
TRAN SITDaniaBeachbussheltersmaintenance
09-114.09
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EXHIBIT A
PROJECT IMPROVEMENT AND SCOPE
Summary of Work
Install bus shelters and associated amenities at 26 separate locations throughout the City of Dania
Beach, in accordance with the attached list of locations (see table below). The shelters shall be
manufactured and installed in accordance with the manufacturer's specifications.
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14 US1 OLD GRIFFIN RD SB F N Y Y N STATE
17 US1 DANIA BEACH BLVD SB F M Y Y Y STATE
18 US1 SW 1 ST SB F M Y Y N STATE
19 US1 STIRLING RD SB F M Y Y N STATE
20 US1 SW 3 ST SB N N Y Y N STATE
24 US1 SW 11 ST S F N Y Y N STATE
102 US1 SE 14 ST NB N N Y Y N STATE
103 US1 SE 13 TERRACE NB F N Y Y N STATE
104 US1 SE 12 ST NB F N Y Y N STATE
105 US1 SE 6 ST NB F S Y Y N STATE
107 US1 SE 3 TERRACE NB F N Y Y N STATE
108 US1 STIRLING RD NB F S Y Y Y STATE
111 US1 NE 2 ST NB F S Y Y Y STATE
W
581 DANIA BEACH BLVD FRONTON BLVD B N N IY Y I N I LOCAL
W
582 DANIA BEACH BLVD NE 2 AVE B N N Y Y N LOCAL
583 DANIA BEACH BLVD SW 1 AVE EB I N M Y IY Y LOCAL
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586 DANIA BEACH BLVD SE 3 AVE EB N N Y JY N LOCAL
2950 US1 SE 30 ST NB N N Y Y N STATE
2951 US1 DANIA BEACH BLVD NB N S Y Y N STATE
3329 SHERIDAN STREET SE 2 AVE W F N IY Y I N I STATE
W
3330 SHERIDAN STREET US1 B F N Y Y N STATE
W
3792 SHERIDAN STREET DIXIE HWY B F N Y Y N STATE
W
4006 SHERIDAN STREET SE 5 AVE B F N Y Y N STATE
W
4894 STIRLING RD PHIPPEN RD B F S Y Y N STATE
W
4897 STIRLING RD OAKWOOD BLVD B N S Y Y N STATE
W
4972 GRIFFIN RD SW 29 TERRACE B F S Y Y Y STATE
Fields Key
Direction— SB = Southbound,NB =Northbound,EB =Eastbound, WB =
Westbound
Location- F = Farside,N=Nearside
Shelter Type—M=Medium size prefabricated, S= Small size prefabricated
Furniture—Y= Yes,N=No
RESOLUTION#2011-062
EXHIBIT B
INSURANCE REQUIREMENTS
The following coverage is deemed appropriate for minimum insurance requirements for this project and will be required of the selected
firm in the negotiated agreement.Any deviation or change during the contract negotiation period shall be approved by Risk Mgt,
Sgooe of Services: Bus Shelter Maintenance
Requestor/Division: A.Douglas-Transportation Certificate Holder
Broward County Board of County Commissioners
TYPE OF INSURANCE Risk Management Division, RM 210
GENERAL LIABILITY I Certificate Holder must be additional 115 South Andrews Avenue,
Insured Fort Lauderdale,FL 33301
1v Corr*rwrcial General Limits on Liability in Thousands of Dollars
W, Premises-Operations Each Occurrence Aggregate
Explosion&CoNapse
F Underground Hazard Bodily Injury and
Property Damage
°+ Products/Completed Operations Hazard Combined
;4 Contractual insurance
Broad Form Property Damage(independent Personal Injury $1,000K $1,000K
Contractors)
y Broad Form Property Damage
7 Garage Keepers
AUTO LIABILITY
Bodily Injury and
'* Comprehensive Form '• Owned '• Hired Property Damage $500K{Waived,If
Combined delivered by $500K
'• Non-Ovvned • Any Auto Third Party)
EXCESS LIABILITY) Certificate Holder must be additional Bodily Injury and
Insured property Damage
F LWdxeb Form Combined $K $K
Other Than Umbrella Form
-POLLUTION&ENVIRONMENTAL IMPAIRMENT Max. $K $K
LIABILITY Ded.
WORKER'S COMPENSATION AND EMPLOYER'S [x] STATUTORY (each accident) $100K
LIABILITY(NOTE.) if any operations are to be NOTE'-It the Company is exempt from Workers'Compensation
undertaken on or about navigable waters,coverage must be Coverage,please provide a letter on company letterhead or a
included for U.S Longshoremen&Harbor Workers`Act& copy of the States exemption which documents this status and
Jones Act attache to the Certificate of insurance for approval.
PROFESSIONAL LIABN-rTY E&O Max FK
Ded. $K
(Contractor shall maintain E&O in force for 2 years after
completion of all work required) VENDOR RESPONSIBLE FOR DEDUCTIBLE
F. PROPERTY COVERAGE/BUILDERS RISK Max Agreed value
Ded. $K Replacement Cost
Subject to waiver based on type and nature of project. Wind
Peril not to exceed 5%of Project Max Ded.10K All Perils Except Wind or Flood
Installation floater required for projects greater than$50k. Agreed value Replacement Cost
Contractor responsible for all tools,deductibles,materials,equipment,machinery,etc.,until completion and acceptance by
County.
CANCELLATION- RECOMMENDED Thirty(30)Day written notice of cancellation required to the Certificate Holder
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Date: Authorized Signature
RESOLUTION#2011-062