HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-163Temporary Resolution #10178
June 26, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- 16.3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
GRANT AGREEMENT WITH BROWARD COUNTY TO
ACCEPT A BROWARD BOATING IMPROVEMENT
GRANT IN THE AMOUNT OF $49,810 TO ENHANCE
RECREATIONAL BOATING OPPORTUNITIES AT
VETERAN'S PARK; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AMEND THE
GRANTS FUND BUDGET IN THE AMOUNT OF $49,810
DURING THIRD QUARTER REVISIONS IN
ACCORDANCE WITH PROPER ACCOUNTING
PROCEDURES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac 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 additional parking and increased lighting at
Veteran's Park; and
WHEREAS, the Broward Boating Improvement Program Grant provides funding to
local governments who desire to improve recreational boating facilities; and
WHEREAS, the City applied for and was awarded a grant to improve Veteran's Park
to enhance recreational boating facilities from Broward County through the Broward
Boating Improvement Grant; and
Temporary Resolution #10178
June 26, 2003
Page 2
WHEREAS, the City agrees to maintain the new parking and lighting which are the
subject of this grant agreement on an ongoing basis; and
WHEREAS, the City Manager and Director of Parks and Recreation recommend
approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to execute the grant agreement
(hereto attached as Exhibit A) to receive $49,810 in grant funding through a Broward
Boating Improvement Program Grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That 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: That the appropriate City Officials are authorized to execute a grant
agreement (hereto attached as Exhibit A) with Broward County to accept a Broward
Boating Improvement Grant in the amount of $49,810 to enhance recreational boating
opportunities at Veteran's Park.
SECTION 1 That the appropriate City Officials are authorized to amend the Grants
Fund Budget in the amount of $49,810 during third quarter revisions in accordance with
proper accounting procedures.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
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Temporary Resolution #10178
June 26, 2003
Page 3
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 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 91h day of July, 2003.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCH LL
CITY ATTO
jQt SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
Fr -0 A tl9
BR,c�-
i WARD - RECEIVED
(1: FY OF TAMIARAC"
MARINE ADVISORY COMMITTEE
One N. University D, Su-e 401-�_ - Plantatiol, FL 33324
954-577-46 39 - 954 3�7-2844 TTV� - FAX 954-916-3722
December 3, 2003
Jeffery L. Miller, City Manager
City of Tamarac
7525 N. W. 88hAvenue
Tamarac, Fl. 33321-2041
Re: Broward Boating Improvement Program (BBIP),
Tamarac V teran's Park Enhancements, FY 03/04
Dear Mr. er:
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Please find attached a copy one fully executed Grant Agreement for the above referenced project for
your files, Also attached are the required "Close -Out Documentation" forms, and the BBIP Rules.
This Grant Agreement was approved by the Broward County Board of County Commissioners at
their September 23, 2003 meeting.
This is your official Notice to Proceed on the project. Please note that the project completion date
is November 25, 2005. If an extension to the Grant Agreement is needed to complete the
construction of the project, please notify me at least six months in advance of the project
construction completion date so that an Amendment to the Grant Agreement can be prepared.
Please ensure that the provisions of the attached BBIP Grant Agreement, and BBIP Rules are
adhered to during the course of the project- This will enable the processing of the attached Project
Close -Out Documents to be handled as expeditiously as possible. In addition, Quarterly Status
reports are due before January 5, April 5, July 5 and October 5 to this office.
If you have any questions, or need any assistance during the course of the project, please call me at
(954) 577-4639.
Sincerely,
iore
Liaison
Broward County Marine Advisory Committee
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AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
BROWARD BOATING IMPROVEMENT PROGRAM
GOVERNMENTAL ENTITY
FY 2003
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
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 ENHANCEMENTS GRANT PROJECT
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 Marine Advisory 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 111, 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
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.
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 Counly Aftorngy-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 Pro'ec - 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 agreesto pay CONTRACTOR, in the manner specified in Section4.3, the
total amount not to exceed Forty-nine Thousand, Eight hundred and ten Dollars
($49,810.00) 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.
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) calendardays 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.
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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:
Kimberly Perron, Special Projects Coordinator
City of Tamarac
7525 N.W. 88 Avenue
Tamarac, Florida 33321-2401
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
sovereign immunity may be applicable. Nothing herein shall be construed as
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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, orfor 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 furtherservices 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
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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 asset 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.
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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.
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 projectwas performed during the previousfiscal 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.
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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.
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 atthe 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 part by COUNTY, including Titles I and 11 of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards.
CONTRACTOR'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 16y2), 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
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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.
CONTRACTOR shall take affirmative action to ensure that applicants areemployed
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 161/2) 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, complywith, and completethe requirements setforth in Exhibits B and
C.
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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
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:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 N.W. 88 Avenue
Tamarac, Florida 33321-2041
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.
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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 herexpert 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 COUNTY 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.
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.
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(l), 328.72, and 328.76, Florida
Statutes, Chapter 62D-5, Part III, Florida Administrative Code, and Section 91/2-16
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.
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10.17 PRIORAGREEMENTS
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,
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 byand 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.
COUNTY
Wft-ness
Wi-tness
Approved as to Insurance
Requirements
By:
Risk M agement uiy,isio�
14
By:
Roger J. Desjarlais
County Administrator
-) S-� -day of � -, (-,,c - 2003.
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By:
Jose R. Gonzalei
Assistant County Attorney
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR
BROWARD BOATING IMPROVEMENT PROGRAM GRANT
CONTRACTOR
WITNESSES: C ITY r."F TAMARAC
P 7
(6ignature)
-N XAr 11A L.rn1L-&c,#z) (1711 r
�,,4 ';+T�%
(Pr;,r.f Kla=
dayof 2003.
ATTEST:
(Signature)
City Clerk
L� r
(Print Name and Title)
BAHimm
8122/00
01BBIP.aOl
too-110.01
16' day of -�� IV 2003.
R11v y,,dappyed as to form by
Z
tity Ao�h�y
L: day of Tc, k 2003.
15
EXHIBIT "A"
Project title: Veteran's Park Enhancements Grant Project
Scopeofproject: Reconfigure and construct new parking lots for boat trailers and
for vehicles, relocate and add new parking lot lighting, apply new pavement
markings and add new parking lot signage.
A. CONTRACTOR agrees to construct the project known as Veteran's Park
Enhancements Grant Project, in accordance with the plans and specification
prepared by, or under the 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 thatthe 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.
Ill. 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.
16
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.
17
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).
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.
NO
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.
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.
9. 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.
19
EXHIBIT "C11
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO- 83-72)
M
Contract No. Project Title
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 12003,
CONTRACTOR
By
(Signature)
B
(Name and Title)
STATE OF
Ss.
COUNTY OF
Theforegoing instrument was acknowledged before me this day of
by who is personally known tome orwho h proiluced.
as identification and who did/did not take an oath.
WITNESS my hand and official seal, this —day of— � 2003.
(NOTARY SEAL) (Signature of person taking acknowledgment)
My commission expire&
(Name of officer taking acknowledgment)
typed, printed or stamped
or rank)
(Serial number, if any)
20
2003,
BROWARD COUNTY
MARINE ADVISORY COMMITTEE
BROWARD BOATING MPROVENIENT PROGRAM RULES
The purpose of the Broward Boating Improvement Program (BBIP) is to implement provisions of
Section 327.25(12) which provides that a portion of the funds received from boat license fees be
returned to County governments to provide channel dredging, public boat launching facilities and
other recreational boating -related activities.
DEFINITIONS:
APPLICATION -meansthe formal request forfinancial assistance consisting ofa complete proposal
with required supporting documentation submitted to Broward County.
APPLICANT - means the municipality, government agency, or organization which is responsible for
the submission of an application.
COMMITTEE - means the Broward County Marine Advisory Committee.
COUNTY - means the Broward County Board of County Commissioners.
DIVISION - means the Broward County Parks and Recreation Division.
FUND - means the Broward Boating Improvement Program.
GRANT - means funds released by the Florida Department of Environmental Protection (DEP) to
Broward County from the Motor Boat Revolving Trust Fund for a Broward Boating Improvement
Program project.
LIAISON - means the officially designated representative of the Broward County Parks and
Recreation Division authorized to act on behalf of the Marine Advisory Committee on all matters
related to participation in the program.
POWERBOAT - means any vessel used for recreational purposes which is propelled or powered
by machinery and which is used or capable of being used as a means of transportation on water.
PROGRAM - means the Broward Boating Improvement Program (BBIP)
PROJECT - means a planned undertaking consisting of eligible Program facilities, improvements or
expenses for the use and benefit of the general recreational boating public.
1
PROJECT AGREEMENT - means an executed contract between the County and the project
applicant setting forth mutual obligations regarding a grant.
STATE - means the Florida Department of Environmental Protection.
POLICY:
Financial assistance in the form of grants from the Fund shall be made available to Broward
County Municipalities, government agency or organization deemed eligible by the Committee
for the purpose of providing recreational Channel marking and public launching faciffies and
other boating -related activities.
2. Contingent upon receipt of an annual appropriation by the Florida Departinent of
Environmental Protection, the Division shall send out "Requests for Proposals" to each
Broward Municipality. The allocation is based on the number of non-commercial vessels
registered in Broward County during the preceding State Fiscal Year (July I to June 30).
3. Projects shall be approved by the Committee in accordance with these rules.
4. The County, Municipality, government agency or organization shall enter into a Project
Agreement prior to the release of Program fiinds.
5. Unless otherwise specified in the Project Agreement, a project may not commence until the
Project Agreement is fully executed by all parties. I
6. Program funds may be used as the local cash matching requirement for either the Florida
Recreation Development Assistance Program the Florida Iffland Navigation District
Waterway Assistance Program or other eligible grant programs.
7. The site of a proposed land -based development project shall be dedicated for public
recreational use. If owned, the project site must be dedicated in Perpetuity. The dedication
shall extend for a minimum period of 25 years after project completion if control of the site
is by lease, permit, management agreement or other similar instrument. The dedication shall
be recorded in the public property records.
8. The location of any vessel launching facility and access to the water body it serves shall not
pose a threat to other boating or recreational activities on the water body it serves.
oil
APPLICATION REOUIREMENTS
1. The Broward Boating Improvement Program Application Form is hearby incorporated by
reference and is available from the Division at I N. University Drive, Suite 40 1 B, Plantation,
Florida 33324. Requests for funding will be submitted during the application submission
period stated in the Request For Proposal. Emergency requests for funding may be submitted
at any time on an official BBIP Application by a Mumcipality or Government Agencyand will
be reviewed at the next scheduled Committee meeting. All applications will be reviewed for
eligibility and completeness by staff. The applicant will be notified if the appfication is
ineligible or is not complete, and will be allowed to correct all deficiencies. Emergency BBIP
applications will be reviewed for the validity of the emergency. All applications will be
reviewed, scored, and ranked by the MAC. Funding of BBIP Applications will be determined
by the availability of BBIP funds.
2. A Municipality, shall approve the submission of an application by official resolution. A copy
of that resolution shall be submitted with the application. All other applicants shall submit a
letter with the application authorizing the submission of the application.
3. Once the County has approved a project, the County and Municipality, agency or
organization shall enter into a Project Agreement which sets forth the responsibilities and
duties of each party regarding the project administration. Special terms and conditions shall
be incorporated into the Project Agreement as particular circumstances dictate.
4. The County may reject applications from Municipalities, and government agencies and
organizations which have not met their obligations under the terms of previous Project
Agreements.
PROJECT ELIGIBELITY
Monies from the Fund shall be used for projects aimed at improving recreational boating for
the public. Any project developed with assistance from this Program shall be for the use and
benefit of the general public.
2. Program funds may be used for projects such as:
a. Construction, expansion, renovation, or installation of the following for public use on land
and waters:
(1) Recreational powerboat launching Facilities.
(2) Waterway and related signs for safety regulation or information.
3
(3) Docking and mooring facilities for recreational powerboats.
(4) Access roads and parking for recreational powerboat facilities.
(5) Channel dredging.
(6) Recreational boating related support facilities and utilities such as restrooms,
lightin& water, sewer, and electrical.
(7) Artificial reefs in State waters, including the design, construction,
transportation, cleaning, installation and marking.
(8) Bulkheads, rip -rap, and seawall construction relative to the construction of a
public recreational boating facility
3. Project costs which are eligible for funding include only those necessary for the construction
and completion of an eligible project.
4. Project construction expenses that are eligible for funding include payments to vendors for
purchase of materials, rental of equipment or lump sum labor contracts. Force account labor,
equipment or services may be charged to the project.
5. ineligible expenses include project administration, land acquisition, design costs, pem�t fees,
recreational channel lights and markers, signage, tools, equipment, boats, motors, office
equipment, contract labor and materials not used exclusively for the project.
Planning studies to assess the nature and extend of recreation boating within the County and
to determine demand and need for recreational boating facilities or other needed
improvements for enhancing recreational boating or eligible for program grants, provided
such planning study project costs do not exceed 15% of the annual allocation to the Fund by
the State.
PROJECT DESIGN CRITERIA
All projects shall be designed and implemented in compliance with local building codes and
applicable laws.
2. All local, State and Federal permits, leases, easements management agreements, or other
similar authorizations for the project shall be obtained prior to the commencement of project
construction.
1211
GRANT CONDITIONS
Facilities funded in whole or in part by Program Funds shall be administered and made
available to the general public on a non-exclusive basis without regard to race, age, religion,
color, gender, sexual orientation (Broward County Code, Chapter 16 1/2), nation� origin,
marital status, physical or mental disability, political affiliation, the political jurisdiction in
which a person resides, or any other factor which cannot be lawfully or appropriately used
as a basis for service delivery.
2. The applicant shall not unlawfully discrim�inate against any person in it operations and activity
in its use or expenditure of Program Funds and shall affirmatively comply with all applicable
provisions of the Americans With Disabilities Act (ADA) in the course of providing any
facility funded in whole or in part by the County, including Titles I and 11 of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable regulations,
guidelines and standards.
3. The Municipality, agency or organization must submit to the Division a Project Completion
Certificate upon completion of the project, with the close-out documents for reimbursement,
available from the Division at I N. University Drive, Suite 40 1B, Plantation, Florida 33324.
4. The Applicant shall be responsible to the County for insuring the satisfactory operation and
maintenance of sites and facilities funded under this Program for a minimum of 25 years from
the date of project completion.
5. Proposed changes to the Project Agreement (i.e., scope of the project, project period, or
grant amount) must be submitted to the Division in writing at least six months in advance of
the project construction completion date by the Applicant, accompanied by a statement of
justification for the proposed changes. Proposed changes will be submitted to the Committee
by the Division at the Committee's next scheduled meeting for their review and
recommendation to the County. Agreed changes shall be evidenced by a formal amendment
to the Project Agreement.
6. The County shall have the right to terminate a Project Agreement or demand refund of
Program Funds for non-comphance with the terms of the Project Agreement or these rules.
Failure of an Applicant to comply with the provisions of a Project Agreement or the rules
shall result in the County declaiing the Applicant ineligible for further participation the
Program until such time as the Applicant completes with the terms of the Project Agreement
or Rules.
5
ACCOUNTARMITY
The following procedures shall govern the accountability of Program grant funds:
Each applicant is responsible for maintaining an accounting system which meets generally
accepted accounting principals and for maintaining such financial records for a period of
seven years, as necessary to properly account for all Program funds.
2. All required close-out documents, available from the Division at I N. University Drive, Suite
401B, Plantation, Florida 333324, shall be submitted to the Division prior to reimbursement
of Funds.
3. All project Funds are reimbursable only upon full completion of the project.
4. County personnel may inspect completed projects and audit project financial records.
5. If found by any State, County or independent audit that Project Funds have not been used in
accordance with the Project Agreement, Rules, or applicable laws, the Applicant shall be
responsible for repayment of misused funds to the County for deposit in the Fund.
72 9 _101M�
Prepared by: John R_ Fiore, Liaison, MAC
August 18, 1998
Revised: December 4, 1998, October 28, 2002
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BROWARD COUNTY
BR 0 WA RD B OA TING IMPR 0 VEMENT PR 0 GRA M
REQUIRED CLOSE-OUTDOCUMENTATION
Grantee:
Project Name:
Project Completion Certification
As -Built Site Plan
List of Constructed Project Facilities and Improvements
Map & Driving Instructions to Project Site
Color Photographs of Project and Identification Sign
Payment Request Form
Billing Schedules
Proof of Dedication in Public Records
Project Admin�istrator Date
H:%WPDOCS1BB1PCLOS.FOR
BROWARD COUNTY
STANDARD L.4NGVAGE FOR PROPERTYRECORDS
BROWARD BOATING IMPROVEMENTPROGRAM
"TICE OF LIMITA TION OF USEISITE DEDICA TION
The property identified the attached Grant Agreement and boundary map has been developed with
financial assistance provided bythe Broward County Board ofCounty Commissioners with Broward
Boating Improvement Program (BBIP) funds. Pursuant to the executed Grant Agreement, land
developed by the grantee with BBIP ftinds shall be dedicated in perpetuity as an outdoor recreation
area for the use and benefit of the general public. If the grantee should convert any part of the project
area or the facilities thereon to other than a Broward County approved recreational use, the grantee
shall replace the area and facilities at its own expense with a Broward County approved project of
comparable or greater scope and quality. In lieu of such replacement, Broward County may require
the return of the BBIP funds disbursed to the grantee.
I certify that copies of the Notice of Limitation of
Use/Site Dedication form, and project boundary map
have been filed in the County Courthouse with the deed
to the property on which the following grant project is
located:
BBIP Project Name
Grantee
Signature of Project Administrator
Typed Name and Title
Date
H:,,Apdo&bbipno1i.for
BROWARD COUNTY
BROWARD BOATING IMPROVEMENTPROGRAM
PROJECT COMPLETION CERTIFICATION
Grantee:
Project Name:
I hereby certify that the above referenced project has been completed in accordance with the Broward
Boating Improvement Program Grant Agreement between The Broward County Board of County
Comn-fttioners and
, dated the
20—; that all funds allocated for the project were expended pursuant to
the Grant Agreement; that all goods and services for accomplishment of the project were negotiated
and procured in accordance with law and funding program requirements; that all approved project
construction was completed on 1 20 which was on or prior to the
construction completion date specified in the Grant Agreement; and that the project was completed
in accordance with the final project plans (site, architectural, engineering) prepared for the project.
Signed:
(Project Administrator)
This project was completed in accordance with the final project plans (site, architectural, engineering)
prepared for the project.
Signed:
(Project Architect or Engineer)
Date:
HAWPD0CS\BB1PCERT.D0-C
7/99
BROWARD COUNTY
BROWARD BOATING IMPROVEMENT PROGRAM
SIGNREQUIREMENTS
The grantee is required to erect a permanent information sign or plaque which credits the Broward
County Board of County Commissioners and the Broward Boating Emprovement Program. The sign
must be made of an appropriate material which will be durable for a minimum of twenty-five years
after project construction is complete. The sign must be installed on the project site and be approved
by Broward County before project reimbursement is processed.
EXAMPLE
H:\WPD0MBB1PS1GN.F0R