HomeMy WebLinkAboutR-2022-167 BC ILA for Temporary Debris Management Sites and Other Related Services Consent to Renew Letter for 5-Year Term RESOLUTION NO. 2022-167
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE CONSENT TO RENEW LETTER ISSUED BY BROWARD
COUNTY, WHICH LETTER AUTHORIZES THE FIRST OF TWO FIVE-
YEAR EXTENSIONS OF THE EXISTING INTERLOCAL AGREEMENT
WITH BROWARD COUNTY FOR USE OF THE COUNTY'S TEMPORARY
DEBRIS MANAGEMENT SITES AND OTHER RELATED SERVICES,
WHICH AGREEMENT IS SET TO EXPIRE ON NOVEMBER 30, 2022;
PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on April 10, 2018, the City of Dania Beach, along with other participating
municipalities, entered into an Interlocal Agreement ("ILA") with Broward County for
"Temporary Debris Management Sites and Other Related Services"; and
WHEREAS,the initial term of the ILA is to end on November 30, 2022, and provides for
two (2) optional, additional five (5)year terms; and
WHEREAS, the Public Services Director has determined that it is necessary for the City
to renew the ILA for the first of two five-year terms as the City needs to utilize the County's
temporary debris management sites in the event of natural disasters;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute the Consent to
Renew letter issued by Broward County agreeing to renew the current Interlocal Agreement for
the first of two additional five-year terms, a copy of which letter and the existing Interlocal
Agreement are attached as composite Exhibit"A' and are incorporated by this reference.
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are repealed to the extent of such conflict.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 full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on November 21, 2022.
ATTEST: B—�
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THOMAS SCHNEIDER, CMC ARCHIBAL J. A IV
CITY CLERK `,�i� � ,y_or," MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
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E E . B UTSIS
CI ATTORNEY
2 RESOLUTION#2022-167
B ARD
COUNTY
FLORIDA
KEVIN B. KELLEHER,Assistant County Administrator
115 S.Andrews Avenue, Room 409•Fort Lauderdale, Florida 33301 •954-357-7320•FAX 954-357-7360
October 26, 2022
TO: Broward County Municipal Managers (Participating Cities)
RE: Renewal of the Interlocal Agreement for use of Temporary Debris Management
Sites and Other Related Services
Dear Municipal Managers (Participating Cities):
In 2018, Broward County and your governmental entity entered into an Interlocal Agreement
("ILA")that allows your use of County-owned Temporary Debris Management Sites("TDMS").
The initial term of the ILA will soon expire. Section 4.1 of the ILA provides for a five-year
renewal that may be exercised "upon mutual consent of the County Contract Administrator
and the Government Entity . . . ."
If your governmental entity wishes to exercise the first of the five-year renewals, please return
the following to Notosha Austin at naustinRbroward.orq no later than November 15, 2022:
1. A countersigned copy of this letter indicating your written consent to renew the ILA;
and
2. Any authorizing resolution or legislation deemed necessary by your governmental
entity to authorize your countersignature or this renewal.
If this countersigned letter (with any required authorizing resolution or legislation) is not
returned by November 15, 2022, Broward County will assume your governmental entity does
not desire to renew the ILA and proceed accordingly. If you have questions or concerns, do
not hesitate to reach out at naustinbroward.orq or (954) 474-1880.
Sincerely, Consent to Renew:
Kevin Kelleher Authorized Signer Government Entity
Assistant County Administrator
Name, Title (Print)
cc: Monica Cepero, County Administrator
Kimm Campbell, Deputy County Administrator
Trevor Fisher, Director, Public Works Department
Notosha Austin, Assistant Director, Solid Waste and Recycling Services
Broward County Board of County Commissioners
Mark D.Bogen•Lamar P.Fisher•Beam Furl-.Steve Geller•Jared E.Moskowitz•Nan H.Rich•Tim Ryan•Michael Udine
www.broward.org
Page 1 of 1
This Interlocal Agreement for use of Temporary Debris Management Sites and Other
Related Services ("Agreement") is made and entered into by and between Broward
County, a political subdivision of the state of Florida, ("County") and
City of Dania Beach ("Government Entity") (collectively, the "Parties").
RECITALS
A. County wants to help governmental entities within County with debris
management in the aftermath of a natural or man-made disaster for debris generated in
County during such disaster by offering the use of Temporary Debris Management Sites
("TDMSs") owned by County.
B. Government Entity wants to use the TDMS and other related services in the
aftermath of a natural or man-made disaster.
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Board. The Broward County Board of County Commissioners of Broward County,
Florida.
1.2 County Contract Administrator. The Director of the Broward County Solid
Waste and Recycling Services, or designee.
1.3 County Administrator. The administrative head of County appointed by the
Board.
1.4 County Attorney. The chief legal counsel for County appointed by the Board.
1.5 Debris Management Center. The central command and control center for debris
management coordination efforts between the County, municipalities, and other
nonCounty agencies within the County.
1.6 Disaster Debris. Vegetative Debris, Hazardous Stump, and Other Debris, but not
Unauthorized Debris.
1.7 Disaster Debris Monitor or DDM. The company or entity designated by the
County Contract Administrator that will act as a County representative under this
Agreement.
1.8 Government Entity Contract Administrator. Brad Kaine
1.9 Hazardous Stump. Eligible debris composed of a tree stump that is at least 24
inches in diameter and documented as a hazardous stump on an incoming Load Ticket.
1.10 Load Tickets. A five-part document, in a form approved by the County Contract
Administrator, that tracks Disaster Debris from the original collection point to the TDMS.
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1.11 Other Debris. Eligible debris that is not exclusively Vegetative Debris, which
may contain Vegetative Debris, construction and demolition debris, and other types of bulk
debris, but not Unauthorized Debris.
1.12 Services. include, but are not limited to, site management; receipt of Disaster
Debris; processing/reduction/segregation of Disaster Debris; loading of Disaster Debris for
final disposal; hauling of Disaster Debris for final disposal;final disposal of Disaster Debris;
site restoration; monitoring incoming, outgoing, and final disposal of Disaster Debris; and
managing TDMS traffic control.
1.13 TDMS. Temporary Debris Management Site designated by the County Contract
Administrator.
1.14 Unauthorized Debris. Any debris not accepted for off-loading, processing, and
disposal at County's TDMSs. Unauthorized debris includes, but is not limited to, white
goods; chemical, biological, radiological, and nuclear-contaminated debris; hazardous
waste; vehicles; vessels; animal carcasses; garbage (household food waste), household
hazardous waste; electronic waste; industrial waste; infectious waste; plastic bags(except
for clear bags) and sand, soil, mud, and/or sediment.
1.15 Vegetative Debris. Eligible debris comprised of whole trees, tree stumps smaller
than 24 inches in diameter, tree branches, tree trunks, and other leafy material.
ARTICLE 2. SCOPE OF SERVICES
2.1 Subject to availability and in the County Contract Administrator's sole discretion,
County shall provide Services to Government Entity as outlined herein.
2.1.1 County shall allow Government Entity employees or authorized contractors to
bring to TDMS Disaster Debris (but under no circumstances Unauthorized
Debris) collected from the Government Entity's jurisdictional boundaries.
2.1.2 DDM will be the sole site monitor of the TDMS operations to ensure that Load
Tickets are processed and initialed at the time of receipt.
2.1.3 DDM shall ensure that each part of the Load Ticket is distributed to entities
identified by the County Contract Administrator. County may, in the County
Contract Administrator's sole discretion, use an electronic ticket system.
2.1.4 DDM shall provide periodic user reports to Government Entity.
2.2 All Services offered to the Government Entity by the County shall be at sites that
have been previously approved or are currently in the approval process by all applicable
regulatory agencies.
2.3 The County Contract Administrator may, in his or her sole discretion, withdraw all or
any part of Services by providing Government Entity with at least fourteen (14)days'written
notice. In addition, the County Contract Administrator may, in his or her sole discretion,
determine the manner in which any Services are provided to Government Entity, including
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but not limited to, the selection of TDMS locations, and the hours of operation for TDMS
locations.
2.4 The Government Entity shall reimburse County for all costs and Services provided.
County will not be liable for its failure or refusal to render or provide Services under this
Agreement.
2.5 Government Entity shall comply with the following provisions.
2.5.1 Government Entity shall ensure all trucks are premeasured and that placards
are affixed to trucks noting prime contractor and truck capacity (in cubic
yards). County may, in the sole discretion of the County Contract
Administrator, verify cubic yardage capacity for any reason.
2.5.2 Government Entity shall provide truck certification sheets for any vehicle
bringing debris to a TDMS.
2.5.3 Government Entity shall order a sufficient supply of Load Tickets, and ensure
that Government Entity's and Government Entity's contractors' trucks arrive
with the Load Tickets initialed in the field (pick-up location)by the Government
Entity field monitor, or follow other load recordation processes approved in
writing by the County Contract Administrator.
If Government Entity fails to comply with any of the following provisions,the County Contract
Administrator, in his or her sole discretion, may refuse to provide any or all Services to
Government Entity.
2.6 If the Agreement is executed by the Parties on or before April 30, 2018, County shall
make Services available to Government Entity starting on June 1, 2018. For each calendar
year thereafter, if the Parties execute the Agreement on or before March 31st, County shall
make Services available to Government Entity starting on June 1st of the applicable
calendar year. If the Agreement is executed by the Parties between March 31st and
December 31st of any calendar year after 2018, the County shall make Services available
to Government Entity starting on June 1st of the following calendar year, and each calendar
year thereafter during this Agreement.
2.7 The County Contract Administrator and the Government Entity Contract
Administrator shall coordinate and communicate with each other and manage and
supervise execution and completion of the 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 County Contract Administrator on
behalf of the County or the Government Entity Contract Administrator on behalf of the
Government Entity.
ARTICLE 3. COMPENSATION
3.1 County shall invoice Government Entity for the proportionate share of the cost for
Services and for the proportionate share of the cost for associated Debris Management
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Center staff time. County shall calculate a proportionate share of costs based on the
volume of debris delivered by or on behalf of the Government Entity to the TDMS.
3.2 Government Entity shall pay County its full costs for Services and for its proportionate
share of associated Debris Management Center staff time on or before the thirtieth day after
receipt of invoice from the County.
3.3 County Contract Administrator may assign work to any one or more of multiple
contractors for disaster debris management services, each with its own compensation
structure based on a separate agreement between County and the particular disaster debris
management service contractor. Government Entity shall pay County the costs of
whichever contractor County has assigned work to, at County Contract Administrator's sole
discretion. County shall assess costs based on the Governmental Entity's proportional use
of the TDMS and/or the Services.
3.4 Government Entity must pay County for all costs under this Agreement regardless of
whether such costs are deemed reimbursable by state or federal agencies.
3.5 Government Entity shall deliver the payment to County at:
Broward County Solid Waste and Recycling Services
1 North University Drive, Suite 400
Plantation, Florida 33324
ARTICLE 4. TERM AND TIME OF PERFORMANCE
4.1 The term of this Agreement shall start on the date it is fully executed by the Parties
and shall end on November 30, 2022 ("Initial Term"), unless sooner terminated as
provided herein. Thereafter, the Parties may, upon mutual written consent of the County
Contract Administrator and the Government Entity, renew the Agreement with the same
conditions for two additional five-year terms.
4.2 This Agreement may be unilaterally terminated by either party, with or without
cause, provided that at least fourteen (14)days'written notice of such termination is given
to the other party pursuant to Article 8.5 of this Agreement.
ARTICLE 5. GOVERNMENTAL IMMUNITY
Government Entity and County are state agencies or political subdivisions as defined
in Chapter 768.28, Florida Statutes, and shall be fully responsible for the acts and omissions
of their respective 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 nor shall anything included herein be construed as consent
to be sued by third parties in any matter arising out of this Agreement or any othercontract.
ARTICLE 6. INSURANCE
Government Entity and County are governmental entities subject to the limitations
of Section 768.28, Florida Statutes. Government Entity and County shall institute and
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d for the proportionate share of the cost for associated Debris Management
3
maintain a fiscally sound and prudent risk management program with regard to its
respective obligations under this Agreement in accordance with the provisions of
Section 768.28, Florida Statutes.
ARTICLE 7. EEO COMPLIANCE
7.1 No party to this Agreement may discriminate on the basis of race, color, national
origin, sex, religion, age, marital status, political affiliation, familial status, disability, sexual
orientation, pregnancy, or gender identity and expression in the performance of this
Agreement. The Parties shall include the foregoing or similar language in their contracts
with any subcontractors or subconsultants, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the nondiscrimination requirements
in 49 C.F.R. Parts 23 and 26, as amended. Failure by either party to comply with the
foregoing requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as the other party deems appropriate.
7.2 The Parties shall affirmatively comply with all applicable provisions of the Americans
with Disabilities Act (ADA) in the course of providing any services, including Titles I
and II of the ADA(regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition,the Parties shall take affirmative steps
to ensure nondiscrimination in employment against disabled persons.
7.3 By execution of this Agreement, each party represents that it has not been placed
on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes, as may
be amended from time to time). Each party hereby materially relies on such representation
by the other party in entering into this Agreement. An untrue representation of the
foregoing shall entitle the aggrieved party to terminate this Agreement and such other
remedy as the aggrieved party deems appropriate.
ARTICLE 8. MISCELLANEOUS
8.1 Rights in Documents and Work. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are and
shall remain the property of the party that created same and will be available to the other
party for inspection or use at no cost; provided that nothing herein shall prevent or restrict
the owner of the documents from lawfully destroying or lawfully disposing of any such
documents.
8.2 Audit Rights and Retention of Records. Each party shall have the right to audit the
books, records, and accounts of the other party that are related to this Agreement.
Government Entity and County shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this Agreement and
performance thereunder.
The Parties shall preserve and, upon request, make available, at reasonable times for
examination and audit by the other party, 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
5
applicable, for a minimum period of three (3)years after the document or record came into
existence. 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.
8.3 Independent Contractor. Government Entity and County are independent
contractors under this Agreement. Services provided by Government Entity pursuant to
this Agreement shall be subject to the supervision of Government Entity and Services
provided by County, pursuant to this Agreement, shall be subject to the supervision of
County. In providing such Services, Government Entity, its officers, employees, or agents
are not authorized to and shall not act as officers, employees, or agents of County, and
County, its officers, employees,or agents are not authorized to and shall not act as officers,
employees, or agents of Government Entity. This Agreement shall not constitute or make
the Parties a partnership or joint venture.
8.4 Third Party Beneficiaries. Neither Government Entity 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 shall be
entitled to assert a right or claim against either of them based upon this Agreement.
8.5 Notices. All notices to be given hereunder shall be in writing, and may be given
by United States Mail, postage prepaid, return receipt requested, by commercial express
carrier with acknowledgement of delivery, or by hand delivery, addressed to the party to be
notified at the last place specified with a simultaneous copy sent via electronic mail. 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 as
the respective places for giving of notice:
FOR COUNTY:
County Administrator
Governmental Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email: bhenry@broward.org
With a copy to:
Director, Solid Waste and Recycling Services
One North University Drive, Suite 400
Plantation, Florida 33324
Email: iturpinabroward.org
FOR GOVERNMENT ENTITY:
Robert Baldwin, City Manager
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, FL 33004
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rds. Each party shall have the right to audit the
books, records, and accounts of the other party that are related to this Agreement.
Government Entity and County shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this Agreement and
performance thereunder.
The Parties shall preserve and, upon request, make available, at reasonable times for
examination and audit by the other party, 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
5
8.6 Assignment. Neither this Agreement nor any right or interest herein shall be
assigned, transferred, or encumbered without the written consent of the other party.
8.7 Conflicts. Neither party nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially antagonistic
or incompatible with that party's loyal and conscientious exercise of judgment and care
related to its performance under this Agreement.
8.8 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 hereof. Either
Government Entity's or 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.
8.9 Compliance with Laws. Government Entity and County shall each comply with all
applicable federal, state, and local laws, codes, ordinances, rules, and regulations in
performing its duties, responsibilities, and obligations pursuant to this Agreement.
8.10 Severability. If any part of this Agreement is found to be unenforceable by a court of
competent jurisdiction, that part shall be deemed severed from this Agreement and the
balance of the Agreement shall remain in full force and effect.
8.11 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto,
and shall not be construed more strictly against either Party.
8.12 Law, Jurisdiction, Venue. Waiver of Jury Trial. This Agreement shall be interpreted
and construed in accordance with and governed by the laws of the state of Florida. The
exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement
shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward
County, Florida. If any claim arising from, related to, or in connection with this Agreement
must be litigated in federal court, the exclusive venue for any lawsuit shall be in the United
States District Court or United States Bankruptcy Court for the Southern District of Florida.
BY ENTERING INTO THIS AGREEMENT, GOVERNMENT ENTITY AND COUNTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY
FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT
OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF
VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY
TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS
OF THE OTHER PARTY IN CONTESTING THE' REQUEST FOR JURY TRIAL, AND
SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE
MOTION.
8.13 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
7
from time to time, if applicable, or, if the Florida Public Records Act is not
5
the same or similar formality as this Agreement and executed by the County and
Government Entity.
8.14 Prior Agreements. This Agreement represents the final and complete
understanding of the Parties regarding the subject matter hereof and supersedes all prior
and contemporaneous negotiations and discussions regarding the subject matter.
There is no commitment, agreement, or understanding concerning the subject matter of
this Agreement that is not contained in this written document.
8.15 Payable Interest
8.15.1 Payment of Interest. County shall not be liable to pay any interest to
Government Entity for any reason, whether as prejudgment interest or for any other
purpose, and in furtherance thereof Government Entity waives, rejects, disclaims
and surrenders any and all entitlement it has or may have to receive interest in
connection with a dispute or claim based on or related to this Agreement. This
subsection shall not apply to any claim for interest, including for postjudgment
interest, if such application would be contrary to applicable law.
8.15.2 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 fullest extent permissible under applicable
law, .025% (one quarter of one percent) simple interest (uncompounded).
8.16 Incorporation by Reference. Any and all Recital clauses stated above are true and
correct and are incorporated herein by reference.
8.17 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.
8.18 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
8
Agreement
must be litigated in federal court, the exclusive venue for any lawsuit shall be in the United
States District Court or United States Bankruptcy Court for the Southern District of Florida.
BY ENTERING INTO THIS AGREEMENT, GOVERNMENT ENTITY AND COUNTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY
FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT
OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF
VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY
TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS
OF THE OTHER PARTY IN CONTESTING THE' REQUEST FOR JURY TRIAL, AND
SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE
MOTION.
8.13 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
7
from time to time, if applicable, or, if the Florida Public Records Act is not
5
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement:
BROWARD COUNTY through its County Administrator uthorized to enciite sane,
Board action, on the Zo day of (k2JC .. , 20 LI , and a 6Ma
signing by and through its authorized signatory, duly authorized to ex cute same.
COUNTY
.,,,...izt_
WIT .SSES: By: R Y/------ ,.
Aol
Itii , County Administrator
,,toi_.4 • CiARDNER ` ��o M►M j ...r
-�
Christina Daly 2; • '• y:
CREATED ; O
Approved as to form by 10 il° QCT 1st o; y s
Office of the County Attorn c 1915 e i
for Broward County, Florida •'•'''ocN .���''
Andrew J. Meyers, CountyAtt__ey' p� ,P
Governmental Center, Suite 4 r,,� * `````��
gIII iii►►►%"
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
By VaUU4/D1r 0124(( . By 0� ' . . 412b�1�6
(Date) Angel . Benjamin (Date)
Senior Assistant County Attorney
By V/2 / r
Michael J. r (Date
Deputy Co Attorney
9
percent) simple interest (uncompounded).
8.16 Incorporation by Reference. Any and all Recital clauses stated above are true and
correct and are incorporated herein by reference.
8.17 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.
8.18 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
8
Agreement
must be litigated in federal court, the exclusive venue for any lawsuit shall be in the United
States District Court or United States Bankruptcy Court for the Southern District of Florida.
BY ENTERING INTO THIS AGREEMENT, GOVERNMENT ENTITY AND COUNTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY
FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT
OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF
VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY
TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS
OF THE OTHER PARTY IN CONTESTING THE' REQUEST FOR JURY TRIAL, AND
SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE
MOTION.
8.13 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
7
from time to time, if applicable, or, if the Florida Public Records Act is not
5
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND
CITY OF DANIA BEACH FOR USE OF BROWARD COUNTY TEMPORARY
DEBRIS MANAGEMENT SITES AND RELATED SERVICES
ATTEST:
By:
r City Clerk or Authority C(pr� Mayor Tamara
Louise Stilson, CMC J
Dated: G D day of h , 20 f K
APPROVED S TO LEGAL FORM: By: 1
R••- Baldwin, City Manager
Gove en al t Attorney
Thomas J. Ansbro ,..�, ..��.�..
Dated: `1 - IQ - (8 �"'.�•--'
03/09/18 Alternative ILA for TOMS Services form
AB/doc. #272880
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