HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-115Temp. Reso #11668 — July 29, 2009
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- /1J-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING A GRANT AWARD IN
THE AMOUNT OF $48,584 FROM THE BROWARD BOATING
IMPROVEMENT PROGRAM; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A PROJECT
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT
OF $48,584 TO PROVIDE FOR ENHANCEMENTS TO THE
VETERANS' PARK BOAT RAMP; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida desires to provide
its residents and visitors a higher level of service by enhancing and improving its outdoor
recreation facilities; and
WHEREAS, there is a need for enhancements to the Veterans' Park boat ramp; and
WHEREAS, the Broward Boating Improvement Program provides funding to local
governments who desire to improve recreational boating facilities; and
WHEREAS, the City of Tamarac applied to Broward County through the Marine
Advisory Committee for a grant in the amount of $48,584 to provide for enhancements to
the Veterans' Park boat ramp and was awarded the grant as indicated in the July 14,
2009 correspondence from Broward County, a copy of which is attached hereto as Exhibit
A, which is incorporated herein by this reference; and
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Temp. Reso #11668 — July 29, 2009
WHEREAS, the Assistant City Manager and Director of Parks and Recreation
recommend acceptance of the grant funds and execution of the Project Agreement
between Broward County and the City of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the residents and citizens of the City of Tamarac to accept grant
funding for enhancements to the Veterans' Park boat ramp and to execute the Broward
County Agreement for grant funding in the amount of $48,584 and is attached hereto as
Exhibit B, which is incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as
being true and correct and are HEREBY made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac, Florida HEREBY accepts the
grant award of $48,584 from Broward County.
SECTION 3: The appropriate City Officials are HEREBY authorized to execute the Project
Grant Agreement (hereto attached as Exhibit B) between the City of Tamarac and
Broward County for grant funding in the amount of $48,584 to provide for enhancements
to the Veterans' Park boat ramp.
SECTION 4: The appropriate City Officials are HEREBY authorized to amend the
Grants Fund budget for the Broward Boating Improvement Program grant award in the
amount of $48,584 and appropriate said funds including any and all subsequent
budgetary transfers to be in accordance with proper accounting standards.
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Temp. Reso #11668 — July 29, 2009
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
SECTION 6:If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 026 day of , 2009.
ATTEST:
MARION SW_ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
, !L" ), 4'� �
SA UEL S. GOREN
CITY ATTORNEY
BETH •
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD
DIST 3: COMM GLASSER��
DIST 4: COMM. DRESSLER
�'x A-6 I -/- A
BF9ARD
COUNTY
MARINE ADVISORY COMMITTEE
Serving the Interests of Over 48,000 Boat Owners
950 NW 38`' Street- Oakland Park, Florida 33309
954-357-8133 • FAX 954-537-2869
Established in 1974 by the Broward County Commission
July 14, 2009
Michael Gresek, Special Projects Coordinator
City of Tamarac
7525 NW 88' Avenue
Tamarac, Fl. 33321
Re: Fiscal Year 2 roward Boating Improvement Program,
Tamarac, 's Park Boat Ramp Extension Project
Dear Mr.
Attached are three original Broward Boating Improvement Program (BBIP) Grant Agreements for both of the
above referenced project. All three originals for each project should be signed, expeditiously by the City
Attorney and the Mayor of the City of Tamarace and witnessed. After execution to a Ci lease return all
three agreements for each ofthe above two projects, as well as the ` , Y' referenced
in "Article 7" of the agreement to:
John R. Fiore, Associate Planner
Broward County Parks & Recreation Division
950 NW 38th Street
Oakland Park, Fl. 33309
In order for the Agreements to be executed shortly after the final County Commission Budget Hearing on
September 22 the Agreements should be returned by September 14, 2009. Upon final execution, one original
of the fully executed Agreement will be returned to you for your files,
If you have any questions, please call me at 954-357-8133.
Sincerely,
Jq�6 R. Fiore
Associate Planner
C.C. Chair, Members, Broward County Marine Advisory Committee
Bob Harbin, Director, Parks and Recreation Division
Attachments
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. • Sue Gunzburger • Kristin D. Jacobs • Ken Keechl . Ilene Lieberman- Stacy Ritter • John E. Rodstrom, Jr. • Diana Wasserman -Rubin • Lois Wexler
www. brootard. brg/parks
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
GOVERNMENTAL ENTITY
FY 2009/2010
v
INDEX
ARTICLE
1
DEFINITIONS AND IDENTIFICATIONS
2
SCOPE OF SERVICES
3
TERM AND TIME OF PERFORMANCE
4
COMPENSATION
5
CHANGES OF SCOPE OF SERVICE
6
INDEMNIFICATION
7
INSURANCES
8
TERMINATION
9
FINANCIAL STATEMENTS
10
MISCELLANEOUS
EXECUTION PAGES
EXHIBIT A
EXHIBIT B
EXHIBIT C
i
PAGE
1
2
2
3
4
4
5
5
6
7
14, 15
16, 17
18,19
20
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
Veteran's Park Boat Ramp Improvement Project Grant
This Agreement, made and entered into by and between BROWARD COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
and
The CITY OF TAMARAC, a political subdivision of the State of Florida, hereinafter
referred to as "CONTRACTOR."
WHEREAS, the Broward County MarineAdvisory Committee recommends funding
to assist the CONTRACTOR with approved expenses as defined in Section 328.72, Florida
Statutes, and Section 328.76, Florida Statutes, and its implementing regulations, and
Chapter 62D-5-031 through Chapter 62D-5-039, Part III, Florida Administrative Code; and
WHEREAS, the Board of County Commissioners has determined that these
expenditures serve a COUNTY and public purpose and are authorized by Section 1-90 of
the Broward County Code of Ordinances; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - Agreement shall mean this document and other terms and conditions
which are included in the exhibits and documents that are expressly incorporated
by reference.
1.2 Board - The Broward County Board of County Commissioners.
Le
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Parks & Recreation Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator
are to coordinate and communicate with CONTRACTOR and to manage and
supervise execution and completion of the Scope of Services and 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
Services of this Agreement.
1.4 County Attorney - The chief legal counsel for COUNTY, who directs and supervises
the Office of County Attorney pursuant to Section 4.03 of the Broward County
Charter.
1.5 Project - The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
2.1 CONTRACTOR shall perform all services identified in this Agreement, its grant
application, as amended, and Exhibit "A." The parties agree that the Scope of
Services is a description of CONTRACTOR's obligations and responsibilities and
is deemed to include preliminary considerations and prerequisites, and all labor,
materials, equipments, and tasks, which are such an inseparable part of the work
described, that exclusion would render performance by CONTRACTOR impractical,
illogical, or unconscionable.
2.2 CONTRACTOR acknowledges and agrees that the Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify the
Scope of Services to be provided under this Agreement.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end two years after Agreement is fully executed.
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ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the mannerspecified in Section 4.3, the
total amount not to exceed Forty -Eight Thousand, Five Hundred and Eighty -Four
Dollars ($48,584.00) for work actually performed and completed pursuant to this
Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is
the maximum payable and constitutes a limitation upon COUNTY's obligation to
compensate CONTRACTOR for services and expenses related to this Agreement.
This maximum amount, however, does not constitute a limitation, of any sort, upon
CONTRACTOR's obligation to perform all items of work required by or which can
be reasonably inferred from the Scope of Services. CONTRACTOR agrees to
provide no matching funds, as specified in Exhibit A.
4.2 Contract Administrator is responsible for ensuring performance of the terms and
conditions of this Agreement and shall approve all requests prior to payment.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice for compensation after the project for
which the invoices are submitted has been completed. The final invoice
must be received no later than sixty (60) days after this Agreement expires.
Invoices shall designate the nature of the services performed and/or the
expenses incurred.
4.3.2 Documentation as required in Exhibit "A" must accompany any request for
reimbursement. Invoices shall be certified by the CONTRACTOR's
executive director or an authorized officer.
4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt
of CONTRACTOR's proper invoice, as required by the "Broward County
Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may
be amended from time to time). To be deemed proper, all invoices must
comply with the requirements set forth in this Agreement and must be
submitted on the form and pursuant to instructions prescribed by COUNTY.
Payment may be withheld for failure of CONTRACTOR to comply with a
term, condition, or requirement of this Agreement.
4.4 Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself from
loss on account of inadequate or defective work which has not been remedied or
resolved in a manner satisfactory to Contract Administrator. The amount withheld
shall not be subject to payment of interest by COUNTY.
4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds
tendered pursuant to this Agreement, the CONTRACTOR agrees to return said
funds to the COUNTY within sixty (60) days after notification by the COUNTY. If
not returned within sixty (60) days, the CONTRACTOR understands and agrees
that any further CONTRACTOR requests for funding, as to this or any other
program under the COUNTY'S administration, shall be denied until the funds have
been returned.
4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.7 Payment shall be made to CONTRACTOR at:
Michael Cernech, Interim Director
Department of Financial Services
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FI. 33321
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Upon written request by the CONTRACTOR, the Contract Administrator may
approve changes in the categories of expenditures listed in Exhibit "A."
5.2 The Contract Administrator, based on input from the Marine Advisory Committee,
may approve changes to the Scope of Services, project description, and unit of
services provided that the total grant awarded remains unchanged, the revisions
are consistent with the grant application and the grant guidelines, and the revisions
do not diminish the quantity or quality of service to be provided. Any substantial
changes in the Scope of Services shall be contained in a written statement
executed by the County Administrator and the CONTRACTOR.
ARTICLE 6
INDEMNIFICATION
6.1 CONTRACTOR is a state agency or subdivision as defined in Chapter 768.28,
Florida Statutes, and agrees to be fully responsible for acts and omissions of its
agents, contractors, 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
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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.
ARTICLE 7
INSURANCE
7.1 CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes,
and CONTRACTOR shall furnish Contract Administrator with written verification of
liability protection, in accordance with state law prior to final execution of said
Agreement.
ARTICLE 8
TERMINATION
8.1 This Agreement may be terminated for cause by action of Board or by
CONTRACTOR upon thirty (30) days written notice by the party that elected to
terminate, or for convenience by action of Board upon, not less than, ten (10) days
written notice by Contract Administrator. This Agreement may also be terminated
by Contract Administrator upon such notice as Contract Administrator deems
appropriate under the circumstances, in the event Contract Administrator
determines that termination is necessary to protect the public health, safety, or
welfare.
8.2 Notice of termination shall be provided in accordance with the "NOTICES" section
of this Agreement, except that notice of termination by Contract Administrator
which Contract 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 the "NOTICES" section of this Agreement.
8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall
be paid for any services performed to the date the Agreement is terminated;
however, upon being notified of COUNTY's election to terminate, CONTRACTOR
shall refrain from performing further services or incurring additional expenses under
the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten
Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of
which is hereby acknowledged by CONTRACTOR, is given as specific
consideration for COUNTY's right to terminate this Agreement for convenience.
8.4 The COUNTY shall have the right to terminate this Project Agreement and demand
refund of Program funds for noncompliance with the terms and conditions of the
Program. Failure to comply with these terms and conditions shall result in the
COUNTY declaring the CONTRACTOR ineligible for further participation in the
Program until such time as the CONTRACTOR complies therewith..
8.5 In the event this Agreement is terminated, any compensation payable by COUNTY
shall be withheld until all documents are provided to COUNTY pursuant to
Section 10.1 of Article 10.
ARTICLE 9
FINANCIAL STATEMENTS
9.1 Within one hundred twenty (120) days after the expiration of this Agreement, the
CONTRACTOR shall provide to the COUNTY two (2) copies of a schedule of
revenues and expenditures and special report on specific accounts to account for
services and/or projects during the CONTRACTOR'S fiscal years for which funds
were provided. The report shall be prepared by an independent certified public
accountant or the governmental entity's internal auditor in a form acceptable to the
Broward County Commission Auditor. The schedule of revenues and expenditures
shall include:
a. All revenues relating to the services and/or project classified by the source
of the revenues.
b. All expenditures relating to the services and/or project classified by the type
of expenditures, to include the classifications as set forth in Exhibit "A" of this
Agreement.
9.2 If the special report is prepared by an independent certified public accountant, it
shall be in accordance with Section 623 of the Codification of Statements on
Auditing Standards as promulgated by the American Institute of Certified Public
Accountants. If the special report is prepared by a governmental entity's internal
auditor, it shall be as nearly in accordance with those sections as the status of the
internal auditor permits, realizing that the internal auditor may not issue the opinions
required therein. A transmittal letter signed by the governmental entity's internal
auditor must accompany the special report. The special report shall include:
a. The statement, "no funds, including interest earned on such funds, are due
back to the COUNTY;" or, a listing of funds, including interest earned on
such funds, which are due back to the COUNTY.
b. An opinion (finding, in the case of an internal auditor) as to whether the funds
received under the applicable grant agreement with the COUNTY have been
expended in accordance with this Agreement.
G•.
9.3 The special report shall include all requirements of Section 9.2 above for the entire
scope of the services or project covered by the Agreement, even if a part of the
services or project was performed during the previous fiscal year(s) or continue past
the end of CONTRACTOR's current fiscal year.
9.4 Any corrections to the special report requested by the COUNTY shall be made and
submitted to the COUNTY within sixty (60) days after written request is received.
9.5 Failure of the CONTRACTOR to meet these financial reporting requirements shall
result in suspension of payment under this or any subsequent grant agreement in
effect and disqualify the CONTRACTOR from obtaining future grant awards until
such financial statements are received and accepted by COUNTY.
9.6 CONTRACTOR acknowledges submission of financial statements to any other
Broward County office, agency, or division does not constitute compliance with
requirements to submit that material to Contract Administrator for this Agreement.
9.7 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict
compliance with this Agreement.
ARTICLE 10
MISCELLANEOUS
10.1 OWNERSHIP OF DOCUMENTS
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
COUNTY. In the event of termination of this Agreement, any reports, photographs,
surveys, and other data and documents prepared by CONTRACTOR, whether
finished or unfinished, shall become the property of COUNTY, and shall be
delivered by CONTRACTOR to the Contract Administrator within seven (7) days of
termination of this Agreement by either party. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided
herein.
10.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to inspect the Project, as well as the right to audit the
books, records, and accounts of CONTRACTOR that are related to this Project.
CONTRACTOR shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the Project.
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CONTRACTOR 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, Fla. Stat.),
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 CONTRACTOR's records,
CONTRACTOR shall comply with all requirements thereof; however, no
confidentiality or non -disclosure requirement of either federal or state law shall be
violated by CONTRACTOR. 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.
10.3 NONDISCRIMINATION,_ EQUAL EMPLOYMENT
OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities in its use or expenditure of the funds or any portion of the
funds provided by this Agreement and shall affirmatively comply with all applicable
provisions of the Americans with Disabilities Act (ADA) in the course of providing
any services funded in whole or in park by COUNTY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards.
CONTRACTOR's decisions regarding the deliveryof services under this Agreement
shall be made without regard to or consideration of race, age, religion, color,
gender, sexual orientation (Broward County Code, Chapter 16%), national origin,
marital status, physical or mental disability, political affiliation, or any other factor
which cannot be lawfully or appropriately used as a basis for service delivery.
CONTRACTOR shall comply with Title I of the Americans with Disabilities Act
regarding nondiscrimination on the basis of disability in employment and further
shall not discriminate against any employee or applicant for employment because
of race, age, religion, color, gender, sexual orientation, national origin, marital
status, political affiliation, or physical or mental disability. In addition,
CONTRACTOR 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.
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CONTRACTOR shall take affirmative action to ensure that applicants are employed
and employees are treated without regard to race, age, religion, color, gender,
sexual orientation (Broward County Code, Chapter 161/2), national origin, marital
status, political affiliation, or physical or mental disability during employment. 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.
CONTRACTOR 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 the Scope of Services or any part of the Scope of
Services of this Agreement.
10.4 INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR shall be subject to the supervision of CONTRACTOR,
and such services shall not be provided by CONTRACTOR or its agents as officers,
employees, or agents of the COUNTY. 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.
10.5 PREVAILING WAGE. REQUIREMENT
If construction work in excess of Two Hundred Fifty Thousand Dollars ($250,000.00)
is required of, or undertaken by, CONTRACTOR as a result of this Agreement,
Broward County Ordinance No. 83-72, as may be amended from time to time, shall
be deemed to apply to such construction work, and further CONTRACTOR shall
fully comply with the requirements of such ordinance and shall satisfy, comply with,
and complete the requirements set forth in Exhibits B and C.
10.6 THIRD PARTY BENEFICIARIES
Neither CONTRACTOR 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 claim against either of them based upon this Agreement.
10.7 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
C'
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:
Bob Harbin, Director
Broward Parks & Recreation Division
950 N. W.38th Street
Oakland Park, Florida 33309
FOR CONTRACTOR:
Michael Gresek, Special Projects Coordinator
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FI. 33321
10.8 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract any
portion of the work required by this Agreement except as authorized by Exhibit A.
CONTRACTOR represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education,
or a combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Services and to provide and
perform such services to COUNTY's satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
10.9 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise
of judgment related to its performance under this Agreement.
CONTRACTOR agrees that none of its officers or employees shall, during the term
of this Agreement, serve as an expert witness against COUNTY in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process, nor shall such persons give sworn testimony or issue a report or
writing, as an expression of his or her expert opinion, which is adverse or prejudicial
to the interests of COUNTY or in connection with any such pending or threatened
legal or administrative proceeding. The limitations of this section shall not preclude
CONTRACTOR or any other persons from representing themselves in any action
or in any administrative or legal proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
10.10 AMENDMENTS
Except for the provisions set forth in Article 5, no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this
Agreement and executed by the Board and CONTRACTOR.
10.11 WAIVER OF BREACH AND MATERIALITY
Failure by COUNTYto 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.
10.12 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement.
10.13 SEVERANCE
In the event this Agreement, or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CONTRACTOR elects to terminate this Agreement.
The election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
11.
10.14 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever
competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein, and that the preparation
of this Agreement has been a joint effort of the parties, the language has been
agreed to by parties to express 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.
10.15 PRIORITY OF PROVISIONS
The applicable provisions of Sections 370.021(1), 328.72, and 328.76, Florida
Statutes, Chapter 62D-5, Part III, Florida Administrative Code, and Section 9Y-16
of the Broward County Code, are hereby expressly incorporated into this
Agreement. In the event of 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 the Florida Statutes, Florida
Administrative Code, and Broward County Code, shall prevail and be given effect.
10.16 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the state of Florida. Venue for litigation concerning this
Agreement shall be in Broward County, Florida.
10.17 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
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. It is further agreed that no modification,
amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document in accordance with Section 10.10
above.
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10.18 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits are incorporated into and made a part of this
Agreement.
10.19 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of which
shall be deemed to be an original.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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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 County Administrator, authorized
to execute same by Resolution on the seventeenth day of April, 2001, and the CITY OF
TAMARAC, signing by and through its MAYOR, duly authorized to execute same.
Witness
Witness
Approved as to Insurance
Requirements
M-
Risk Management Division
COUNTY
14
Bertha Henry
County Administrator
day of
Approved as to form by
Office of County Attorney
Broward County, Florida
Jeffery J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Daphne Jones
Assistant County Attorney
2009.
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
BROWARD BOATING IMPROVEMENT PROGRAM GRANT
CONTRACTOR
WITNESSES: CITY OF TAMARAC
ignatu�re)
e
(Pri t Name and Title)
day of , 2009.
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Reviewed and approved as to form by
City ClC-rk ' ;
City Attorney
day of 1, 2009.
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8/22/00
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#00-110.01
15
EXHIBIT "A"
Project title:
II. Scope of project: Extend existing boat ramp further into canal.
A. CONTRACTOR agrees to construct the project known as Tamarac Veteran's
Park Boat Ramp Improvement Project, accordance with plans approved by
the Broward County Marine Advisory Committee before construction begins,
and plans and specification prepared by, or underthe supervision and review
of, a registered professional architect, engineer, or other appropriate
professional. These elements are identified in the project application which
is made a part of this Agreement by reference.
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
project.
C. CONTRACTOR agrees that the project, when completed, shall be dedicated
for public recreational uses. The dedication shall extend for a minimum of
twenty-five (25) years and shall be recorded in the public property records.
CONTRACTOR further agrees to return to the COUNTY funds tendered for
the project in the event the project becomes utilized for other than the
purposes of the project during this period.
D. The CONTRACTOR shall erect a permanent sign identifying the program
and the COUNTY as a funding source of project construction.
III. Required documentation of services rendered:
A. Contract Administrator is responsible for ensuring performance of its terms
and conditions and shall approve all payment requests prior to payment.
The CONTRACTOR shall submit to the COUNTY signed quarterly project
status reports on a calendar basis summarizing work accomplished,
problems encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to reflect
work accomplished.
B. Upon project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
project in accordance with the prepared plans and specifications.
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C. Upon project completion, the CONTRACTOR shall also submit a site plan
(as -built), list of construction facilities and improvements, and color
photographs reflecting the work accomplished.
IV. Matching Funds
A. Pursuant to Section 4.1 of this Agreements, CONTRACTOR agrees to
provide no matching funds.
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EXHIBIT "B"
Prevailing Wage Rates: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non -federally funded
construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000) or
more, the rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of work
in like industries as determined by the Secretary of Labor and as published in the Federal
Register (latest revision).
1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If the
construction cost is in excess of Two Hundred Fifty Thousand Dollars
($250,000), the following sections shall apply:
a. The rate of wages and fringe benefit payments for all laborers,
mechanics, and apprentices shall not be less than those payments for
similar skills in classifications of work in a like construction industry as
determined by the Secretary of Labor and as published in the Federal
Register (latest revision).
b. All mechanics, laborers, and apprentices, employed or working
directly upon the site of the work shall be paid in accordance with the
above -referenced wage rates. CONTRACTOR shall post notice of
these provisions at the site of the work in a prominent place where it
can be easily seen by the workers.
C. If the parties cannot agree on the proper classification of a particular
class of laborers or mechanics or apprentices to be used, the
Contract Administrator shall submit the question, together with its
recommendation, to the County Administrator for final determination.
d. In the event it is found by the Contract Administrator that any laborer
or mechanic or apprentice employed by CONTRACTOR, or any
Subcontractor directly on the site of the work, has been or is being
paid at a rate of wages less than the rate of wages required by the
ordinance, the Contract Administrator may: (1) by written notice to
CONTRACTOR terminate its right to proceed with the work or such
part of work for which there has been a failure to pay said required
wages; and (2) prosecute the work or portion thereof to completion by
contract or otherwise. Whereupon, CONTRACTOR and its sureties
shall be liable to COUNTY for any excess costs occasioned to
COUNTY thereby.
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e. Sections 1(a) through 1(d) above shall apply to this Contract to the
extent that it is: (1) a prime Contract subject to the ordinance; or (2)
a subcontract also subject to the ordinance under such prime
Contract.
f. CONTRACTOR shall maintain payrolls and basic records relating
thereto during the course of the work and shall preserve such for a
period of three (3) years thereafter for all laborers, mechanics, and
apprentices working at the site of the work. Such records shall
contain the name and address of each such employee; its current
classification; rate of pay (including rates of contributions for, or costs
assumed to provide, fringe benefits); daily and weekly number of
hours worked; deductions made; and actual wages paid.
g. CONTRACTOR shall submit, with each requisition for payment, a
signed and sworn "Statement of Compliance" attesting to compliance
with Broward County Ordinance No. 83-72. The Statement shall be
in the form attached as Exhibit " C."
h. The Contract Administrator may withhold, or cause to be withheld,
from CONTRACTOR so much of the payments requisitioned as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, watchpersons, and guards employed by
CONTRACTOR or any subcontractor on the work, the full amount of
wages required by this Agreement.
If CONTRACTOR or any subcontractor fails to pay any laborer,
mechanic, or apprentice employed or working on the site of the work
all or part of the wages required by this Agreement, the Contract
Administrator may, after written notice to CONTRACTOR, take such
action as may be necessary to cause suspension of any further
payments or advances until such violations have ceased.
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t
zi
Contract No.
EXHIBIT "C"
STATEMENT OF COMPLIANCE
PREVAILING WAGE RATE ORDINANCE NO. 83-72
Project Title
No.
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by
the application for payment to which this statement is attached, all mechanics, laborers, and apprentices,
employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of
payments, contributions, or costs for fringe benefits have not been less than those required by Broward
County Ordinance No. 83-72 and the applicable conditions of this Agreement.
Dated 2009,
STATE OF )
SS.
COUNTY OF )
CONTRACTOR
By
(Signature)
By
(Name and Title)
The foregoing instrument was acknowledged before me this day of
by who is personally known to me orwho has produced
as identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of 12009.
(NOTARY SEAL)
My commission expires:
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
typed, printed or stamped
(Title or rank)
(Serial number, if any)
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