HomeMy WebLinkAboutCity of Tamarac Resolution R-94-161EXHIBIT 111"
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AGREEMENT
Between
DRQWARD COiMIX
and
THE CITY OE TAMARAC
For
THE QRANT OF FUNDS FOR V
GE ll,-INSTALLATION PROJECT
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IC' _ �� �- /� /
AGREEMENT
Between
BR_OWARD COUNTY
and
TM CITY OF TAMARAC
for
This Agreement, entered into on this day of , 1994,
by and between BROWARD COUNTY, (hereinafter referred to as
"COUNTY"), and the City of Tamarac, (hereinafter referred to as
"GRANTEE"), for a grant for the construction of an approved State
II Installation Project.
WHEREAS, the COUNTY is given the authority to expend funds in the
public interest and to protect the public health, safety and
welfare by Section 125.01(3)(a), Florida Statutes, and by the
Charter of Broward County, Florida; and
WHEREAS, the COUNTY has received funds pursuant to a settlement
agreement with a third party, which funds are to be used to
alleviate air pollution; and
WHEREAS, Stage II Vapor Recovery Systems alleviate air pollution by
capturing fuel vapor released during motor vehicle refueling; and
WHEREAS, the COUNTY chooses to expend these funds by providing
grants to certain local governments for installation of Stage II
Vapor Recovery Systems at facilities owned and operated by certain
municipalities and the Broward County School Board.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the COUNTY and GRANTEE do hereby agree as follows:
1. Definitions:
a. CARB shall mean the California Air Resources Board
b. Project shall mean installation and testing of a
Department of Natural Resource Protection (DNRP) licensed
and CARS approved Stage II Vapor Recovery System.
c. System shall mean a CARB approved Stage II Vapor Recovery
System that meets requirements of Section 27-315 of the
Broward County Code of Ordinances and the applicable DNRP
license.
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d. As-builts shall mean plans and specifications for a Stage
II System that are certified by a Florida Registered
Professional Engineer showing the system as actually
constructed at the conclusion of the Project.
2. This Stage II System Agreement shall be performed in a manner
consistent with Sec. 27-315 "Vapor Recovery" of the Broward
County Code of Ordinances, as amended. The GRANTEE agrees to
become familiar with all provisions and comply with Sec. 27-
315, which is incorporated into this Agreement by reference,
as is fully set forth herein. In the event a dispute should
arise between the parties concerning the intent of any
language herein contained, the same shall be resolved by
adoption of that meaning which furthers the intent and
purpose of Sec. 27-315.
3. The COUNTY enters into this Project Agreement with the
GRANTEE to provide a grant of funds for installation and
testing of Stage II vapor recovery system(s) at the GRANTEE's
Broward Sheriff Office facility which is located at:
4. Prior to commencement of the Project, the GRANTEE shall
submit an DNRP Stage II Vapor Recovery License Application
and a detailed schedule of proposed expenditures for COUNTY
review and approval.
5. The Stage II vapor recovery system must be tested by the
GRANTEE and found to be operating in accordance with GARB
specifications. The COUNTY may conduct additional tests at
its option. The GRANTEE must take any additional measures
necessary to insure that the system functions properly.
6. The parties understand and agree that the COUNTY is not
acting as a consultant for the Project. The GRANTEE shall be
entirely responsible for proper design, installation, and
testing of the system and for insuring that the system meets
requirements of Section 27-315 of the Broward County Code of
Ordinances. The GRANTEE may not rely upon any statement made
by the COUNTY or its agents concerning the design,
construction and installation of the system.
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7. Within thirty (30) days after completion of the Project and
prior to release of the final payment, the GRANTEE shall
apply for an DNRP Storage Tank Facility Operating License and
submit for COUNTY staff approval documentation to show that
the GRANTEE has met requirements of this Agreement. Upon
completion of the Project, issuance of the facility's DNRP
Storage Tank Operation License, and determination by the
COUNTY that the GRANTEE has fulfilled all obligations upon
this Agreement, the COUNTY shall transfer, on a reimbursement
basis to the GRANTEE, eligible County Stage II funds not to
exceed 7 Such documentation shall consist of the
system test results, the plans, the as-builts and other
documentation reasonably requested by DNRP and all documenta-
tion required by the COUNTY for a proper pre -audit and post -
audit review. Final payment will not be delivered to the
GRANTEE unless GRANTEE proves to the COUNTY that the above
requirements have been met and that all of the conditions of
this Agreement have been satisfied.
8. The COUNTY'S Contract Manager shall, within sixty (60) days
after receipt of complete payment request, review the
submitted documentation and Project work accomplished to date
and, if completed pursuant to requirements of this Agreement,
approve the request for payment.
9. In the event the GRANTEE fails to comply in a timely manner
with the terms of this Agreement, fails to complete
installation of the subject equipment in the manner described
in this Agreement on or before the construction completion
date identified herein, or otherwise violates any of the
covenants, agreements or stipulations of this Agreement, the
COUNTY may cancel this Agreement without prior notice and the
GRANTEE agrees that, upon written demand from the COUNTY, it
will return any funds that may have been paid to the GRANTEE
by the COUNTY within thirty (30) days from the GRANTEE's
receipt of such written demand. The COUNTY shall have the
right to demand a refund, either in whole or part, of the
funds provided to the GRANTEE. In the event of a
cancellation, the COUNTY is not required to compensate the
GRANTEE for any expenses.
10. Following receipt by the GRANTEE of a statement from the
COUNTY identifying any refund due the COUNTY for
noncompliance by the GRANTEE with said Agreement, the GRANTEE
will be allowed, upon request, sixty (60) days to submit
additional pertinent documentation to offset any amount
identified as being due the COUNTY. The COUNTY, following
review of the documentation submitted by the GRANTEE, will
inform the GRANTEE of any refund due the COUNTY. The GRANTEE
shall then have thirty (30) days from receipt of the COUNTY's
written decision on the review to return any funds identified
by the COUNTY.
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11. This Agreement strictly prohibits expenditure of subject
funds for any purpose other than construction, installation
and testing of stage II systems. Supporting documentation for
expenditures shall be provided to the COUNTY by the GRANTEE.
12. The GRANTEE shall retain all records supporting Project costs
for three (3) years after the final payment was released by
the COUNTY except that such records shall be retained by the
GRANTEE until final resolution of matters resulting from any
litigation, claim, or audit that occurs before expiration of
the three-year retention period. The COUNTY and other
authorized governmental agencies shall have the right to
audit such records throughout the retention period described
above.
13. Invoices shall be submitted on Exhibit A attached hereto and
made a part hereof.
14. Invoices shall be submitted by September 30, 1994, unless an
earlier date is established, shall not be reimbursable;
acceptance is within the sole discretion of COUNTY's Contract
Manager for this Agreement.
15. Name and address of the official payee to whom payment shall
be made:
City of Tamarac
C/o The City Manager
7525 N.W. 88th Avenue
Tamarac, FL 33321
lb. Execution of this Agreement does not relieve the GRANTEE of
the responsibility to comply with all applicable federal,
state, county, or municipal laws, ordinances or rules, nor is
the GRANTEE relieved of responsibility to obtain any permits,
management agreements or leases required by the COUNTY or any
federal, state, or municipal agency.
17. The COUNTY shall have the right, through its agents,
servants, and employees designated for that purpose, to
inspect the site of the Project and the facilities thereon at
any reasonable time.
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18. Daniela Banu, Acting Director of Air Quality, Broward County
Department of Natural Resource Protection, or successor, is
hereby designated as the COUNTY's Contract Manager for the 10
purpose of this Agreement, and shall be responsible for
ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The
GRANTEE's Liaison Agent shall be Alan J. Levine _ Should
the GRANTEE change its Liaison Agent, the GRANTEE shall
provide written notification to the COUNTY CONTRACT MANAGER
within seven (7) days of the change. The GRANTEE's Liaison
Agent shall act on behalf of the GRANTEE relative to
provisions of this Agreement.
19. The GRANTEE, to the extent permitted by law, shall save and
hold harmless and indemnify the COUNTY against any and all
liability, claims, judgments or costs of whatsoever kind and
nature for injury to or death of any person or persons, and
for loss or damage to any property resulting from use,
service, operation or performance of work under terms of this
Agreement, resulting from intentional or negligent acts of
the GRANTEE, its contractors, or any of the employees, agents
or representatives of GRANTEE or its contractors to the
extent allowed by law, while executing obligations contained
herein to construct the Project site and facilities. In the
event hazardous materials are found on the Project site, the
GRANTEE agrees to remove and clean up the Project site at its
sole expense, without contribution from the Program. Nothing
contained herein shall limit any limitation of liability
allowed the GRANTEE by law including but not limited to
sovereign immunity.
20. This Agreement may be cancelled by the COUNTY without prior
notice for refusal by the GRANTEE to allow public access to
all documents, papers, letters, or other material made or
received by the GRANTEE in conjunction with this Agreement
and subject to the provision of Chapter 119, Florida
Statutes.
21. The GRANTEE is an independent contractor under this
Agreement. Construction of the Project by the GRANTEE shall
be by employees and contractors of the GRANTEE and subject to
supervision by the GRANTEE. The GRANTEE's employees and
contractors shall not be considered as officers, employees,
or agents of Broward County. Employee compensation,
personnel policies, tax responsibilities, Social Security and
health insurance, employee benefits, travel, per diem
policies and other similar administrative procedures
applicable to construction of the Project rendered under this
Agreement shall be those of the GRANTEE.
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22. GRANTEE shall not discriminate against any employee or
applicant for employee because of race, age, religion, color,
gender, national origin, marital status, physical or mental
handicap. GRANTEE shall take affirmative action to insure
applicants are employed and employees treated during
employment without regard to race, age, religion, color,
gender, national origin, marital status, physical or mental
handicap. 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 and training, including ap-
prenticeship.
23. Waiver or breach of any provision of this Agreement shall not
be deemed to be a waiver of any other subsequent breach and
shall not be construed to be a modification of the terms of
this Agreement.
24. Submission of audited financial statements, compliance audit
or other documentation as required by law and this Agreement
to any Department, Division, Office or other entity of
Broward County as a requirement for any transaction or
agreement with that Department, Division, Office or other
entity does not constitute compliance with requirements of
this Agreement insofar as submission of material to the
Contract Manager for this Agreement is concerned.
25. This Agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida.
Any action hereon or in connection herewith shall be brought
in Broward County, Florida.
26. This Agreement represents the entire agreement of the
parties. Any alterations, variations, changes,
modifications, or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing,
duly signed by each of the parties hereto and attached to the
original of this Agreement.
27. Information, guidance and technical assistance offered by
COUNTY's Contract Administrator for this Agreement, the
Contract Monitor and any other staff, whether written or
verbal, in no way constitutes a guarantee of execution of
this contract by the Board of County Commissioners.
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IN WITNESS WHEREOF, the parties hereto
this Agreement on the respective dates
BROWARD COUNTY through its BOARD OF COUNTY
by and through its Chair, authorized to
action on the day of
TAMARAC, signing by and through its
authorized to execute same.
have made and executed
under each signature;
COMMISSIONERS, signing
execute same by Board
, 1994, and the CITY OF
duly
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
U.
By
day of
Chair
1994
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County
Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By:
Assistant County Attorney
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ATTEST:
By:
Robert S. Noe, Jr.,
City Manager
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By: cam.1L4Z:!&&U'0 , cry "
Carol A. Evans,
City Clerk
CITY OF TAMARAC
APPROVED AT MEETING OF Q �� 9
STATE OF FLORIDA
COUNTY OF �f&Wv 14� : SS
ACCEPTED BY CITY OF TAMARAC
GRAirman
EE _
By:
Abramowitz,
Mayor
Date
By�� S
Robert S. Noe, Jr.,
City Manager
Date:
PAZI. . T!Rw
r.
it hell S.
City Attorr,
ft,
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, personally appeared ✓f-�2�r«�z 177�izC c
to rr(e known to be the person s)"describes in and Ao executed th
foregoing instrument and — acknowledged before me that IZ-X
executed the same.
WITNESS my hand and official, seal. this ��� day of
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Pv OFFICIAL NOTARY SEAL
F�r,
��i NANCY WILSON
� � COMMISSION NUMlER
Ic CC373291
�,G MY COMMISSION EXP.
FOR F" JUNE 5 1998
( i-'� Personally known to me, or
( ) Produced identification
NOTARY PUBLIC, State of Florida
at Large
ZW/f I -el, l/�-/G���
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
Type of I.D. Produced
DID take an oath, or ((/) DID NOT take an oath.
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M*41100 41M1
STAGS II VAPOR RECOVERY EQUIPMENT GRANT
INVOICE SUBMITTAL FORM
Owner:
Site Location:
Please provide an itemized expense list for this project:
Non -reimbursable
(A)
1) Administrative....
2) Engineering...
3) Permit processing...
4) Furnish As-builts
5) Miscellaneous
f) Sawcut concrete and excavate
piping trenches...
7) Install feet of piping
from tanks to dispensers...
S) Retrofit dispensers with
coaxial breakaway hoses...
9) Install condensate traps...
10) Install Stage II nozzles...
11) Perform Leak, Dynamic Back
Pressure, and Pressure Decay Tests...
12) Backfill trenches...
13) TOTAL COST FOR INSTALLATION
AND TESTING (Column B)...
14) AMOUNT DUE FROM COUNTY
PER AGREEMENT...
Reimbursable
(B)
15) INVOICED AMOUNT - LESSER OF LINE 13 AND LINE 14
To the best of my knowledge, I certify that the information is true
and correct.
SUBMITTED BY:
(name)
(title)
2/93
(signature)
/ /
(date)
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