HomeMy WebLinkAboutCity of Tamarac Resolution R-98-272Temp. Reso. # 8344
July 10, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98 � 7,;--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AGREEING TO
PARTICIPATE IN A GRANT RECIEVED BY BROWARD
COUNTY FROM THE STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFIARS, UNDER WHICH THE CITY IS
ELIGIBLE FOR UP TO $15,000 FOR ITS PARTICIPATION
IN FORMULATING A MUNICIPAL/LOCAL MITIGATION
STRATEGY; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF TAMARAC AND BROWARD COUNTY
FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to
prevent catastrophic losses resulting from disasters; and
WHEREAS, the City Commission of the City of Tamarac understands the
need for a Local Mitigation Strategy; and
WHEREAS, Broward County has been awarded a grant for the
formulation of a Municipal/Local Mitigation Strategy and has asked Tamarac to
participate; and
WHEREAS, Tamarac is eligible for up to $15,000 in grant moneys for its
participation; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
participate in the Municipal/Local Mitigation Strategy program; and
Temp. Reso. # 8344
July 10, 1998
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
participate with Broward County in developing a Local Mitigation Strategy and
accept up to $15,000 in grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 10 The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The City of Tamarac will participate in developing a local
mitigation strategy with Broward County.
SECTION 3: The City Manager or his designee is hereby authorized to
execute the Agreement between Broward County and the City of Tamarac for
Local Mitigation Strategy Grant Funds (attached hereto as Exhibit A).
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
5-EQI N : If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp. Reso. # 8344
July 10, 1998
.$.ECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this _ day of ,1991.
ATTEST:
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CAROL GO MC/AAE, RECORD OF COMM15apN VOTE
CITY CLERK MAYOR SCHREIBER r ,J
I HEREBY CERTIFY that I have
Approved this RESOLUTION as to form.
DIST 1:
COMM. McKAYE T
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4;
COMM. ROBFRTR
Ppppa,ibit A
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
MUNICIPAL/LOCAL MITIGATION STRATEGY
PFF"'ibit A
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
MUNICIPAL/LOCAL MITIGATION STRATEGY
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the state of Florida, hereinafter referred to as
"COUNTY/CONTRACTOR,"
AND
CITY OF TAMARAC, a Florida municipal corporation, hereinafter referred to as
"TAMARAC/SUBCONTRACTOR."
WHEREAS, the Federal Department of Energy (DOE) and the Federal Emergency
Management Agency (FEMA) have authorized funding for the preparation of a Statewide
Mitigation Project, including the development of local mitigation strategies and pre -
identification and prioritization of Hazard Mitigation Grant Program projects to become a
part of the Statewide Hazard Mitigation Strategy; and
WHEREAS, TAMARAC/SUBCONTRACTOR represents that it is fully qualified;
possesses the requisite skills, knowledge, qualifications, and experience to provide the
Local Mitigation Strategy services identified herein; and offers to perform such services;
and
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WHEREAS, COUNTY/CONTRACTOR has a need for such services to formulate
the Local Mitigation Strategy, and accepts the offer of TAMARAC/SUBCONTRACTOR
upon the terms and conditions hereinafter set forth; NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY/CONTRACTOR and
TAMARAC/SUBCONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATION
1.1 Agreement - means this document, Articles 1 through 9, inclusive. Other terms and
conditions 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 Emergency Management Division, or the designee of such
Administrator or Director. The primary responsibilities of the Contract Administrator
are to coordinate and communicate with TAMARAC/SUBCONTRACTOR 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.
1.4 County Attorney - The chief legal counsel for COUNTY/CONTRACTOR, who
directs and supervises the Office of the 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.
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ARTICLE 2
SCOPE OF SERVICES
2.1 TAMARAC/SUBCONTRACTOR shall perform all work identified in this Agreement
and Exhibit "A." The parties agree that the scope of services is a description of
TAMARAC/SUBCONTRACTOR'S obligations and responsibilities and is deemed
to include preliminary considerations and prerequisites, and all labor, materials,
equipment, and tasks which are such an inseparable part of the work described that
exclusion would render performance by TAMARAC/SUBCONTRACTOR
impractical, illogical, or unconscionable.
2.2 TAMARAC/SUBCONTRACTOR shall provide the COUNTY/CONTRACTOR with
the reports and activities identified in Exhibit "A", in accordance with the dates
specified therein. If all required reports and activities prescribed are not sent to the
COUNTY/CONTRACTOR or are not completed in a manner acceptable to the
COUNTY/CONTRACTOR, the COUNTY/CONTRACTOR may withhold further
payment until they are completed. The COUNTY/CONTRACTOR may terminate
the agreement with TAMARAC/SUBCONTRACTOR if reports or activities are not
received or completed within thirty (30) days after written notice by the
COUNTY/CONTRACTOR. Upon reasonable notice,
TAMARAC/SUBCONTRACTOR shall provide such additional program updates or
information as may be required by the COUNTY/CONTRACTOR.
2.3 TAMARAC/SUBCONTRACTOR 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 on August 31, 1999; provided, however, if the term of this
Agreement extends beyond a single fiscal year of COUNTY/CONTRACTOR, the
continuation of this Agreement beyond the end of any fiscal year shall be subject
to the availability of funds from COUNTY/CONTRACTOR in accordance with
Chapter 129, Florida Statutes. No deliverables shall be accepted after July 1,
1999, and no request for payment or invoices shall be accepted after July 31, 1999.
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3.2 All duties, obligations, and responsibilities of TAMARAC/SUBCONTRACTOR
required by this Agreement shall be completed no later than July 1, 1999. Time
shall be deemed to be of the essence in performing the duties, obligations and
responsibilities required by this Agreement.
ARTICLE 4
COMPENSATION
4.1 COUNTY/CONTRACTOR agrees to pay TAMARAC/SUBCONTRACTOR, in the
manner specified in Exhibit "A" the total amount of Fifteen Thousand Dollars
($15,000.00) for work actually performed and completed pursuant to this
Agreement, which amount shall be accepted by TAMARAC/SUBCONTRACTOR as
full compensation for all such work. It is acknowledged and agreed by
TAMARAC/SUBCONTRACTOR that this amount is the maximum payable and
constitutes a limitation upon COUNTY/CONTRACTOR's obligation to compensate
TAMARAC/SUBCONTRACTOR for its services related to this Agreement. This
maximum amount, however, does not constitute a limitation, of any sort, upon
TAMARAC/SUBCONTRACTOR'S obligation to perform all items of work required
by or which can be reasonably inferred from the Scope of Services.
4.2 Notwithstanding any provision of this Agreement to the contrary,
COUNTY/CONTRACTOR 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 by TAMARAC/SUBCONTRACTOR. When the above
reasons for withholding payment are removed or resolved in a manner satisfactory
to Contract Administrator, payment may be made. The amount withheld shall not
be subject to payment of interest by COUNTY/CONTRACTOR.
4.3 Payment shall be made to TAMARAC/SUBCONTRACTOR at:
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Robert Noe Jr., City Manager
7523 North West 88th Avenue
_Tamarac, Florida 33321
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ARTICLE 55
CHANGES IN SCOPE OF SERVICES
5.1 Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.18 below.
ARTICLE 6
INDEMNIFICATION
6.1 TAMARAC/SUBCONTRACTOR and COUNTY/CONTRACTOR are state agencies
as defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible
for acts and omissions of their respective agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign
immunity by either party to which sovereign immunity may be applicable. Nothing
herein shall be construed as consent by a state agency or political subdivision of
the state of Florida to be sued by third parties in any matter arising out of this
Agreement or any other contract.
ARTICLE 7
INSURANCE
7.1 TAMARAC/SUBCONTRACTOR is a state agency as defined by Section 768.28,
Florida Statutes, and TAMARAC/SUBCONTRACTOR 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
TAMARAC/SUBCONTRACTOR upon thirty (30) days' written notice by the party
that elected to terminate, or for convenience by action of Board upon not less than
thirty (30) days' written notice by Contract Administrator. This Agreement may also
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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 Termination of this Agreement for cause shall include, but not be limited to, failure
to suitably perform the work, failure to continuously perform the work in a manner
calculated to meet or accomplish the objectives of COUNTY/CONTRACTOR as set
forth in this Agreement, or multiple breach of the provisions of this Agreement
notwithstanding whether any such breach was previously waived or cured.
8.3 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.
8.4 In the event this Agreement is terminated for convenience,
TAMARAC/SUBCONTRACTOR shall be paid for any services performed to the
date the Agreement is terminated; however, upon being notified of
COUNTY/CONTRACTOR's election to terminate, TAMARAC/SUBCONTRACTOR
shall refrain from performing furtherservices orincurring additional expenses under
the terms of this Agreement. TAMARAC/SUBCONTRACTOR acknowledges and
agrees that ten dollars ($10.00) of the compensation to be paid by
COUNTY/CONTRACTOR, the adequacy of which is hereby acknowledged by
TAMARAC/SUBCONTRACTOR, is given as specific consideration to
TAMARAC/SUBCONTRACTOR for COUNTY/CONTRACTOR'S right to terminate
this Agreement for convenience.
ARTICLE 9
MISCELLANEOUS
9.1 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/CONTRACTOR. In the event of termination of this Agreement, any
reports, photographs, surveys, and other data and documents prepared by
TAMARAC/SUBCONTRACTOR, whether finished or unfinished, shall become the
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property of COUNTY/CONTRACTOR and shall be delivered by
TAMARAC/SUBCONTRACTOR to the Contract Administrator.
9.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY/CONTRACTOR shall have the right to audit the books, records, and
accounts of TAMARAC/SUBCONTRACTOR that are related to this Project.
TAMARAC/SUBCONTRACTOR shall keep such books, records, and accounts as
may be necessary in order to record complete and correct entries related to the
Project.
TAMARAC/SUBCONTRACTOR shall preserve and make available, at reasonable
times for examination and audit by COUNTY/CONTRACTOR, 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/CONTRACTOR to be applicable to TAMARAC/SUBCONTRACTOR's
records, TAMARAC/SUBCONTRACTOR shall comply with all requirements thereof;
however, no confidentiality or non -disclosure requirement of either federal or state
law shall be violated by TAMARAC/SUBCONTRACTOR. Any incomplete or
incorrect entry in such books, records, and accounts shall be a basis for
COUNTY/CONTRACTOR's disallowance and recovery of any payment upon such
entry.
9.3 NONDISCRIMINATION, EQUAL
EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
TAMARAC/SUBCONTRACTOR 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/CONTRACTOR,
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including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards.
TAMARAC/SUBCONTRACTOR'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/CONTRACTOR Code,
Chapter 161/2), 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.
TAMARAC/SUBCONTRACTOR 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,
TAMARAC/SUBCONTRACTOR 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.
TAMARAC/SUBCONTRACTOR 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/CONTRACTOR 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.
TAMARAC/SUBCONTRACTOR shall not engage in or commit any discriminatory
Practice in violation of the Broward COUNTY/CONTRACTOR Human Rights Act
(Broward COUNTY/CONTRACTOR Code, Chapter 161/2) in performing the Scope
of Services or any part of the Scope of Services of this Agreement.
9.4 INDEPENDENT CONTRACTOR
TAMARAC/SUBCONTRACTOR is an independent contractor under this
Agreement. Services provided by TAMARAC/SUBCONTRACTOR shall be subject
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to the supervision of TAMARAC/SUBCONTRACTOR. In providing the services,
TAMARAC/SUBCONTRACTOR or its agents shall not be acting and shall not be
deemed as acting as officers, employees, or agents of the
COUNTY/CONTRACTOR. 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.
9.5 THIRD PARTY BENEFICIARIES
Neither TAMARAC/SUBCONTRACTOR nor COUNTY/CONTRACTOR intend 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.
9.6 N TILES
Whenever either parry 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/CONTRACTOR:
Director, Broward County Emergency Management Division
201 N.W. 84 Avenue
Plantation, Florida 33324
FOR TAMARAC/SUBC NTRACTOR:
Robert Nop jr ri ty Manager
7525 North West 88th Avenue
amarac, Florida 33321
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9.7 PERFORMANCE
TAMARAC/SUBCONTRACTOR 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/CONTRACTOR'S satisfaction for
the agreed compensation.
TAMARAC/SUBCONTRACTOR shall perform its duties, obligations, and services
under this Agreement in a skillful and respectable manner. The quality of
TAMARAC/SUBCONTRACTOR'S performance and all interim and final product(s)
provided to or on behalf of COUNTY/CONTRACTOR shall be comparable to the
best local and national standards.
9.8 CONTINGENCY FEE
TAMARAC/SUBCONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for
TAMARAC/SUBCONTRACTOR, to solicit or secure this Agreement and that it has
not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for TAMARAC/SUBCONTRACTOR,
any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For a breach or violation of
this provision, Board shall have the right to terminate this Agreement without liability
at its discretion, or to deduct from the Agreement price or otherwise recover the full
amount of such fee, commission, percentage, gift or consideration.
9.9 WAIVER OF BREACH AND MATERIALITY
Failure by COUNTY/CONTRACTOR 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.
COUNTY/CONTRACTOR and TAMARAC/SUBCONTRACTOR agree that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
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9.10 COMPLIAN E WITH LAWS
TAMARAC/SUBCONTRACTOR shall comply with all federal, state, and local laws,
codes, ordinances, rules, and regulations in performing its duties, responsibilities,
and obligations related to this Agreement.
9.11 SEVRANCE
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/CONTRACTOR or TAMARAC/SUBCONTRACTOR
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.
9.12 JOINT PREPARATION
Preparation of this Agreement has been a joint effort of COUNTY/CONTRACTOR
and TAMARAC/SUBCONTRACTOR and the resulting document shall not, solely
as a matter of judicial construction, be construed more severely against one of the
parties than any other.
9.13 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or
Provision of any exhibit attached hereto, any document or events referred to herein,
or any document incorporated into this Agreement by reference and a term,
statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 9 of this Agreement shall
prevail and be given effect.
9.14 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.
9.15 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the
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same or similar formality as this Agreement and executed by the Board and
TAMARAC/SUBCONTRACTOR.
9.16 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 9.18 below.
9.17 OTHER AGREEMENTS
COUNTY/CONTRACTOR has entered into an agreement with the state of Florida
for the grant funding of this Agreement. The Agreement requires the
COUNTY/CONTRACTOR to extract certain promises from
TAMARAC/SUBCONTRACTOR. TAMARAC/SUBCONTRACTOR agrees to be
bound by the terms and conditions of that agreement. This agreement is set forth
as Exhibit "B".
9.18 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged
by the parties. The attached Exhibits "A" and "B" are incorporated into and made
a part of this Agreement.
9.19 COUNTERPARTS
This Agreement may be executed in three (3) counterparts, each of which shall be
deemed to be an original.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement:
BROWARD COUNTY/CONTRACTOR through its BOARD OF GeUNTY
COMMISSIONERS, signing by and through its County Administrator on the > '_`day of
1998, authorized to execute same by Board action on the 9"' day of June,
199, TAMARAC/SUBCONTRACTOR, signing by and through its
on the day of _ 1998, duly authorized
to execute ame.
AGREEMENT BETWEEN BROWARD COUNTY/CONTRACTOR AND
MITIGATION STRATEGY SUBCONTRACTOR FOR MUNICIPAL/LOCAL
COUNTY/CONTRACTOR
WITNESS:
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BROWARD COUNTY, through its
County Administrator
Roger J. Desjarlais, County Administrator
Approved as to form by
SHARON L. CRUZ, Interim County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 3P7,z,7600
Telecopier: (954) 41
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JIM, • , •
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WITNESSES:
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TAMA A UBCONTRACTOR
IiEf
TAMARAC, through its
EXHIBIT A
SCOPE OF WORK
LOCAL MITIGATION STRATEGY
MUNICIPAL AWARD: TAMARAC $15,000.00
Purpose
The Subcontractor shall assist in the development of a Local Mitigation Strategy (the LMS)
using the Department of Community Affairs, (DCA) publication "the Local Mitigation Strategy. A
Guidebook for Florida Cities and Counties, hereafter referred to as "the Guidebook " as well as
Other applicable guidance. Subcontractor shall participate in this process, in order to achieve a single
unified LMS, for Broward County.
Pa ent and Deliverables Schedule
This is a fixed -fee subcontract. The County will pay compensation at the end of each
contract period, based on completion of activities identified in this scope of work, the submission of
all deliverables listed below within the scheduled time frame, and a determination by the County that
the Subcontractor has satisfactorily completed the pertinent activities and deliverables. All payments
will be made as soon as possible, following receipt of State payments to the County. At the end of
the first contract period the Subcontractor may be paid 20% of the total contract amount, 20% at the
end ofthe second contract period, 40% at the end ofthe third contract period, and the remaining 20%
of the total contract amount at the end of the fourth and final contract period. Subcontractor shall
submit all deliverables in the format prescribed by the County. The final deliverable shall include an
agreed upon Local Mitigation Strategy document, endorsed by resolution, and submitted to the state
by the county. All submissions to the County shall be addressed to:
Broward County Emergency Management
LMS Project
201 NW 84ffi Avenue
PLANTATION, Florida 33024
1 a Contract Period - Deliverables due July 15 1998
A Identify the municipal contact person for this subcontract, to include phone and fax
number. This individual will be responsible to provide regular briefings to the chief
municipal administrative officer and to formally represent the municipality regarding
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mitigation and emergency management issues that come before the Emergency
Coordinating Council and Mitigation Task Force.
13. At least one municipal representative, including the representative named in "NO
above, shall actively attend and participate in all Emergency Coordinating Council and
Mitigation Task Force meetings.
C. The municipal representative shall actively assist in the development ofprocedures to
resolve conflict between government entities, that may arise from the development of
the local mitigation strategy.
D. The municipal representative to the Emergency Coordinating Council and Mitigation
Task Force shall actively assist in the development of evaluation criteria and
procedures, to regularly review, update and revise the local mitigation strategy.
E. The municipal representative to the Emergency Coordinating Council and Mitigation
Task Force shall actively assist in the development of Community Guiding Principles.
To include:
providing a listing of municipal agencies and the mitigation functions they
perform Include a narrative description of how these agencies help reduce
losses. from hazards.
2. providing a listing of existing municipal policies, ordinances and programs that
affect mitigation.
3. providing an evaluation of existing municipal mitigation policies, ordinances
and programs, describing their effectiveness at reducing losses of life and
property.
II. tad Contract Period - Deliverables due by Set3tember.15, 1998.
A. As outlined in Section 4 of the Guidebook and drawing from the evaluation of
existing mitigation policies, ordinances and programs completed in the previous
contracting period, actively assist in the development of, and provide city specific
information on:
l • The municipality will contribute to the establishment of a single list of
mitigation goals and objectives that will serve to guide a coordinated and
comprehensive strategy to address hazard mitigation.
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Va
2• a city specific analysis of how existing policies, ordinances and programs
could be strengthened to achieve the mitigation goals and objectives of the
community.
3- a city specific and countywide hazard identification and vulnerability
assessment. This will be accomplished by identifying numicipal data, data
sources, and assisting and collecting of data.
4. the identification of private sector interests and methods for private sector
involvement. Establish contact with relevant interests in the local business
community and appropriate citizen groups to foster, encourage and obtain
their participation.
5. procedures to prioritize both m uWcipal and county mitigation initiatives
6. summary of building permit information that identifies the dollar value and
number of current mitigation activities, such as hurricane shuttering, within
the municipality
M. 3' Contract Period - Deliverables due by March 15 1999:
A- Subcontractor shall provide the following information in a format approved by the
County:
Critical facilities inventory (see attached list of critical facilities and categories)
2• Listing of other public buildings, facilities, and infrastructure.
3. Repetitive loss data.
4. Hazardous materials sites (302 facilities).
5. Historical flood data, including description of conditions during the flood
event.
B. Subcontractor shall submit a list that includes potential program, project, and policy
initiatives at the municipal level of potential mitigation initiatives which:
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1. reduce vulnerability.
2. study and identify cost beneficial mitigation activities, including engineering
studies.
3. identify existing and potential mitigation initiatives found and to be added in
existing local government Capital improvements Plans for future funding
consideration.
4. recommend program and policy actions and revisions to further promote
effective hazard mitigation.
S. Progress report of private sector participation in the Local Mitigation
Strategy.
C. The municipal representative to the Emergency Coordinating Council and Mitigation
Task Force shall actively assist in the identification of potential funding sources.
D. Subcontractor shall provide a list of potential municipal mitigation initiatives.
E. Subcontractor shall review and comment on all mutually developed hazard
identification and vulnerability assessments and on the potential mitigation initiatives.
1V. 4`s C ntract Period - Deliverables due by July l 1999:
A. Subcontractor shall agree, by resolution, to final Local Mitigation Strategy as a
compiled document to be submitted to the Board of County Commissioners for
formal adoption.
CAF#112. FRM
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Critical Facilities Listing
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Animal Related
Correctional Facility
Church
Clinic
Communication
Emergency Operation Center
Electrical
Emergency Medical Services
Fire Station
Hazardous Material Site
Hospital
Florida Highway Patrol
Landfill -Active
Landfill -Inactive
Landing Zone
Military Base
Nursing/Convalescent
Police Department
Potable Water
Radioactive Site
Red Cross
Refuge of Last Resort
School
Shelter
Special Needs Shelter
Sheriff Department
Sewage Treatment Facility
Transportation Facility
Water Treatment Facility
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