HomeMy WebLinkAboutR-2003-111 BC dredging Dania Cut-off canal RESOLUTION NO. 2003-111
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY OFFICIALS TO ACCEPT THE
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF DANIA BEACH FOR JOINT FUNDING OF THE
DREDGING OF THE DANIA CUT OFF CANAL IN THE
AMOUNT OF $100,000.00; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, is dredging the Dania Cut-off Canal;
and
WHEREAS, the County facilitates the Dania Cut-off Canal for stormwater drainage
from the Airport; and
WHEREAS, the County has agreement to reimburse the City 31.9% of the project
up to a maximum amount of $100,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That the agreement between Broward County and the City of Dania
Beach for Joint Funding of the dredging of the Dania Cut-off Canal in the amount of
$100,000.00, attached as Exhibit "A", is approved and executed.
Section 2. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
Section 3. That upon the agreement being fully executed, it hereby authorizes
the Finance Director to appropriate the budget by the contributed amount and the
appropriate expenditure account in the capital projects funds.
Section 4. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
1 RESOLUTION NO. 2003-111
PASSED AND ADOPTED THIS 13" DAY OF Y, 003.
O
OB ANTON
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY- YES
COMMISSIONER MIKES- YES
CHARLENE J NSON VICE-MAYOR MCELYEA-YES
CITY CLERK MAYOR ANTOW YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: -nj /\_
__
TH.O AS�J. A SBRO
CITY ATTORNEY
2 RESOLUTION NO. 2003-111
AGREEMENT
Between
BROWARD COUNTY
and
® CITY OF DANIA BEACH
for
JOINT FUNDING OF THE DREDGING OF THE
DANIA CUT OFF CANAL
O
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
JOINT FUNDING OF THE DREDGING OF THE
DANIA CUT OFF CANAL
This is an Agreement made and entered into by and between BROWARD
COUNTY, a political subdivision of the state of Florida, its successors and assigns,
hereinafter referred to as "COUNTY," through its Board of County Commissioners,
AND
CITY OF DANIA BEACH, a municipal corporation located in Broward County,
Florida, and organized and existing under the laws of the state of Florida, its successors
® and assigns, hereinafter referred to as "MUNICIPALITY;"
WITNESSETH:
WHEREAS, the Dania Cut Off Canal is located in the City of Dania Beach and also
borders the Fort Lauderdale-Hollywood International Airport("Airport"),which is owned and
operated by the COUNTY, and other unincorporated areas of COUNTY; and
WHEREAS, in order to facilitate stormwater drainage from the Airport into the Dania
Cut-Off Canal ("Canal"), the County/Airport agree to provide their pro-rata share forfunding
maintenance dredging of the Canal, which substantially benefits the Airport and
surrounding County property; and
WHEREAS, it is of mutual benefit to the residents of COUNTY and MUNICIPALITY
to improve the navigation and stormwater management of the Canal by dredging it
("Project"); and
WHEREAS, COUNTY has agreed to contribute to the cost of the Project based on
the percentage of land within the jurisdictional boundaries of the Airport and the County
that benefit from the drainage into the Canal; and
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
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payment hereinafter set forth, COUNTY and MUNICIPALITY agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement: "Agreement"shall mean 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: "Board" shall mean the Broward County Board of County Commissioners.
1.3 Contract Administrator: "Contract Administrator" shall mean the Broward County
Administrator, the Director of Public Works, or the designee of such County Administrator
or Director. The primary responsibilities of the Contract Administrator are to coordinate
and communicate with each Municipality 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: "COUNTY" shall mean Broward County, through the Board, a political
subdivision of the state of Florida.
® 1.5 County Attorney: "County Attorney" shall mean the chief legal counsel for COUNTY
who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of
the Broward County Charter.
1.6 Project: "Project" shall be the sediment removal from poles 54+34 to -6+00 on the
Bathymetric Survey No. 01-3288-S with Design Specifications on the Dania Cut Off Canal
to include sixty foot w/ch. with 4:1 s/slopes at a depth of-7.05 NGVD.
ARTICLE 2 - SCOPE OF SERVICES
MUNICIPALITY shall design and construct, or contract for the design and
construction of the Project. MUNICIPALITY shall be the governmental agency responsible
for the securing of contracts for design and construction of the Project pursuant to
MUNICIPALITY's competitive bidding process and any and all applicable state and federal
laws.
ARTICLE 3 - FUNDING AND METHOD OF COMPENSATION
3.1 The cost of the Project is estimated to be Four Hundred Thousand and 00/100
Dollars ($400,000.00). COUNTY shall pay MUNICIPALITY an amount equal to Thirty-one
and Nine Tenths percent (31.9%) of the Project up to a maximum amount not to exceed
One Hundred Thousand and 00/100 Dollars ($100,000.00). MUNICIPALITY shall submit
monthly requests for reimbursement beginning within ninety (90) days of its first payment
is 2
for construction of the Project. Each request shall include copies of all invoices and
supporting documentation. COUNTY shall within ninety (90) days of receipt of
MUNICIPALITY's request remit to MUNICIPALITY the pro-rata amount of COUNTY's
portion of the invoices, up to a maximum amount not to exceed One Hundred Thousand
and 00/100 Dollars ($100,000.00).
3.2 Payment shall be made to MUNICIPALITY at:
City of Dania Beach
Director of Public Works
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 4 - TERM AND TERMINATION
4.1 The term of this Agreement shall begin on the date it is fully executed by all parties
and shall terminate as provided for by Sections 4.2 through 4.6 herein below.
4.2 This Agreement may be terminated for cause by COUNTY, through action of the
Board, or by the MUNICIPALITY, upon a thirty (30) day written notice given by the
terminating party to the other party setting forth the breach. If the MUNICIPALITY, or
COUNTY, corrects the breach within thirty (30) days after written notice of same, to the
satisfaction of the terminating party, the Agreement shall remain in full force and effect. If
• such breach is not corrected and improved within thirty (30) days of receipt of notice of
breach, the terminating party may terminate the Agreement.
4.3 Termination of this Agreement for cause shall include, but not be limited to, failure of
the parties to suitably perform the services required by Article 2 herein, and failure of the
parties to continuously perform the services required by the terms and conditions of this
Agreement in a manner calculated to meet or accomplish the objectives set forth herein,
notwithstanding whether any such breach was previously waived or cured.
4.4 This Agreement may be terminated for convenience by COUNTY upon a thirty(30)
day written notice given by COUNTY to the MUNICIPALITY. This Agreement may also be
terminated by COUNTY's Contract Administrator upon such notice as Contract
Administrator deems appropriate in the event that the Contract Administrator determines
that termination is necessary to protect the public health, safety, or welfare.
4.5 MUNICIPALITY acknowledges and agrees that Ten Dollars($10.00), the adequacy
of which is hereby acknowledged by MUNICIPALITY, is given as specific consideration to
MUNICIPALITY for COUNTY's right to terminate this Agreement for convenience.
4.6 Notice of termination shall be provided in accordance with Article 6, "NOTICES,"
herein 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 Article 6,
• "NOTICES," herein.
3
ARTICLE 5 - CHANGES IN SCOPE OF SERVICES
Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 9.11 below.
ARTICLE 6 - 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:
Director, Water Management Administration
2555 West Copans Road
Pompano Beach, Florida 33069
FOR DANIA BEACH:
Director, Public Works
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 7 - INDEMNIFICATION
MUNICIPALITY is a state agency or political subdivision as defined in Chapter
768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its
agents 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 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 8 - INSURANCE
The parties hereto acknowledge that MUNICIPALITY is a self-insured governmental
entity subject to the limitations of Section 768.28, Florida Statutes. MUNICIPALITY shall
institute and maintain a fiscally sound and prudent risk management program with regard
to its obligations under this Agreement in accordance with the provisions of Section 768.28,
Florida Statutes.
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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. In the event of termination of this Agreement, any
reports, photographs, surveys, and other data and documents prepared by each
Municipality, whether finished or unfinished, shall become the property of COUNTY and
shall be delivered by each Municipality to the Contract Administrator within seven (7) days
of termination of this Agreement by either party.
9.2 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. MUNICIPALITY shall not unlawfully discriminate
against any person in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations under this Agreement. Municipality shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act(ADA) in the course of providing
any services funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, Municipality 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.
® 9.2.1 Municipality'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 used as a basis for service delivery.
9.2.2 Municipality shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16Y2) in performing any services pursuant to this Agreement.
9.3 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY 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. 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.
9.4 ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by either party. In addition, unless
permitted herein, Municipality shall not subcontract any portion of the work required by this
Agreement. Municipality represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education, or a
5
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. Municipality shall perform their duties, obligations, and services
under this Agreement in a skillful and respectable manner. The quality of Municipality's
performance and all interim and final product(s) provided to or on behalf of COUNTY shall
be comparable to the best local and national standards.
9.5 MATERIALITY AND WAIVER OF BREACH. COUNTY and Municipality 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. COUNTY's failure 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.
9.6 COMPLIANCE WITH LAWS. Municipality shall comply with all federal, state, and
local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
9.7 SEVERANCE. In the event 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 Municipality elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
9.8 JOINT PREPARATION. The parties 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 their joint effort. The language agreed to expresses 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.
9.9 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.
9.10 APPLICABLE LAW AND VENUE. Any controversies or legal problems arising out of
this transaction and this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and
shall be governed by the laws of the State of Florida.
® 6
9.11 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 same or similar formality as this Agreement and executed by the Board
and Municipalities.
9.12 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 set forth in writing in
accordance with Section 9.11 above.
9.13 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
clause set forth above is acknowledged by the parties. Any attached exhibits are
incorporated into and made a part of this Agreement.
9.14 MULTIPLE ORIGINALS. This Agreement may be fully executed in four (4) copies
by all parties, each of which, bearing original signatures, shall have the force and effect of
an original document.
THIS SPACE INTENTIONALLY LEFT BLANK.
• 7
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF CITY OF DANIA BEACH
• FOR JOINT FUNDING OF THE DREDGING OF THE DANIA CUT OFF CANAL
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice
authorized to execute same by Board action on the 12"" day of
MM , 20 b 3 , and CITY OF DANIA BEACH signing by and through its
duly authorized to execute same.
COUNTY
ATT BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator an x-Off'icio
Clerk of the Board of County By
Commissioners of Broward County, Diana Wasserman-Rubin, Mayor
Florida
t Z day ofL ,2003.
,1 � •t• �� •,9` v, -
w C = OC'�
, 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
Teleph : (954) 357-7600
Teleco i r: 954) 357-6968
By AX01V 6 I[VU
Pamela M. Kane
Assistant County Attorney
8
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF CITY OF DANIA BEACH
• FOR JOINT FUNDING OF THE DREDGING OF THE DANIA CUT OFF CANAL
MUNICIPALITY
WITN SSES-. CITY OF DANIA BEACH
^� By
Bob Anton,Mayor-Commissioner
day of , 20
ATTEST:
Charlene Jo n o , City Clerk ✓ Wi3ato, City Manager
day of , 20
(CORPORATE SEAL)
APPROVED AS TO FORM:
By I IT
i
Thom J: nsbro, City Attorney
PMK
April 2,2003
File#03-78
E:\DATA\D IV2\PMK\PM K03\Ag reement\Dan iaBch Rev.aOl.wpd
• 9
B RD
COUNTY
Public Works Department - Office of Environmental Services
WATER MANAGEMENT DIVISION
2555 West Copans Road • Pompano Beach, Florida 33069-1233 • 954-831-0751 • FAX 954-831-3285
August 15, 2003
Ms. Charlene Johnson, City Clerk
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Joint Funding Agreement for Dredging of the Dania Cut-Off Canal
Dear Ms. Johnson:
The County Commission approved the Joint Funding Agreement on August 12, 2003. A
copy of the executed agreement is enclosed for your records.
It is requested that the correct person, from the City, contact me so we can coordinate
fulfillment of the agreement. }
r
Since�p , i
r
Roy �'eynolds,A. P.E. �irector
Water Management Division
RAR/ls
Enclosure
cc: Bonnie Temchuk, Assistant to the City Manager, City of Dania
Dolores Smith, Environmental Manager, Aviation Department
Lee Billingsley, P.E., Deputy Director, Public Works Department
Broward County Boardof County Commissioners
Josephus Eqgelletion,Jr. • Ben Graber•Sue Gunzburger• Knstin D Jacobs -Ilene iletierman Lon Nance Parn'sh, John E.Rodstrom,Jr. •Jim Scott• Diana Wasserman-Rubin
www broward'.org pFrinted on recycled paper
�. .,
FLORIDA
June 13, 2003
Ms. Pamela M. Kane
Assistant County Attorney
Office of the County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, FL 33301
RE: Joint Funding Agreement between Broward County and the City of Dania
Beach for Dredging of the Dania Cut-Off Canal
Dear Ms. Kane:
Please find enclosed herewith three (3) originals of the above agreement
passed by Resolution No. 2003-111 on May 13, 2003. Please have all three
agreements signed by Broward County and, upon execution, return one original
for our records.
Thank you for your assistance in this matter. If you have any questions,
please contact Bonnie Temchuk, Assistant to the City Manager, at 954.,924-
3613.
Sincerely,
ar ene J � nson
City Clerk
CJ/mn
Enclosures
"Broward's First City'
100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
Agenda Request Form
City of Dania Beach
Agenda Item: •
Date of Commission meeting: 5/13/2003
Description of Agenda Item: Execution of Agreement with Broward County for dredging costs $100,000
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID / RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
�4Othero, (Please explain} ,�� �
� „„ ..,• ,•
Summary explanation d back round � � ` :.
��. ._. � ,,an,. g..,
.-�� �„r,•
Broward County has agreed to provide the City a reimbursement of$100,000.00 towards the costs
of the Dania Cut-off Canal dredging project. This agreement must be executed by the Mayor, City
• Manager, City Attorney and City Clerk, then sent back to the County for execution. This agreement
was reviewed by our City Attorney on 4/2/03 and approved.
rNl
Attached exhibitsFand additionallackup�materials(Please list
Agreement-electronic attachment
Resolution - electronic attachment
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by: btemchuk Date: 5/5/2003
Department Director: Bonnie Temchuk Date: 5/5/2003
Admin. Services Director: Date:
Finance Director: Patricia Varney Date: 5/6/2003
City Manager: Ivan Pato Date: 5/6/2003