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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-161EXHIBIT 111" 0 AGREEMENT Between DRQWARD COiMIX and THE CITY OE TAMARAC For THE QRANT OF FUNDS FOR V GE ll,-INSTALLATION PROJECT 0 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. N E ,�: -- q- /�/ 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. 3 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. 4 izl- 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. 5 40 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. r�L 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. VA 0 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 0 C� 0 ATTEST: By: Robert S. Noe, Jr., City Manager %4427 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 19 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. Page 9 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) 0