HomeMy WebLinkAboutR-2000-090 RESOLUTION NO. 2000-090
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH
FOR IMPLEMENTATION OF PROJECTS PURSUANT TO
THE ENHANCED MARINE LAW ENFORCEMENT GRANT
("EMLEG") PROGRAM COVERING THE FISCAL YEAR
2000/2001; PROVIDING FOR THE EXECUTION OF SAID
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA;
Section 1. That that certain Agreement between Broward County
and the City of Dania Beach for the implementation of projects pursuant to
the Enhanced Marine Law Enforcement Grant (EMLEG) program for the
fiscal year 2000/2001, in substantial form as Exhibit "A", attached, is
approved and the proper city officials are authorized to execute it.
Section 2. That all resolutions or parts of resolutions in conflict with
® this resolution are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED on the 27th day of June, 2000.
A O — O SSIONER
ATTEST:
ROLL CALL:
MAYOR MCELYEA -YES
SHERYL CF4APMAN, ACTING CITY CLERK VICE-MAYOR BERTINO - YES
COMMISSIONER ETLING -YES
APPROVED AS TO FORM COMMISSIONER MIKES - YES
AND CORRECTNESS:
By: ) , �- 4AA
THOMA/S J: NSBRO
CITY ATTORNEY
RESOLUTION NO. 2000 -090
Parks and Recreation Division
BRO ARD COUNTY 950 N.W. 38th St. A Oakland Park,FL 33309-5982
(954) 357-8100 or 537-2844 (TTY) * Fax: (954) 537-2865
Winner of the National Gold Medal Award for Excellence in Park and Recreation Management--NRPA Accredited Agency
June 19, 2000
Jason Nunemaker, Assistant to the City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
RE: Fiscal Year 2000-2001 Enhanced Marine Law Enforcement Grant (EMLEG)
Program Agreements
1,6V1k
Dear Mr. Ny>ri�aker:
Attached are six (6) original Agreements for the 2000-2001 Enhanced Marine Law Enforcement
Grant Program (EMLEG)program. The Agreements,once executed,will provide the funds to carry
out that fiscal year's EMLEG program. Please execute all six(6)Agreements and return all six to
me at the Broward County Parks and Recreation Division by July 31,2000. The County Commission
has already approved the EMLEG Standard Shell Agreement on June 15, 1999,with final approval
® pending the satisfactory execution of the individual Agreements. Upon execution by the County
Administrator, one fully.executed agreement will be returned to you for your files.
The Broward County Board of County Commissioners will include funding for the Enhanced Marine
Law Enforcement Grant (EMLEG) program as part of the Fiscal Year 2000-2001 County Budget.
The Broward County Marine Advisory Committee (MAC) approved funding for your agency for
$48,965 at its April 6, 2000 meeting, Under the EMLEG program,payments will be provided for
safe boating enforcement, boater education instruction, and approved equipment purposes.
A quick response will ensure that the Agreements will be executed before the October 1, 2000
starting date. To ensure that no lapse in marine patrol coverage occurs, should there be a problem
in completing the Agreements on-time, the County will fund the EMLEG program activities
retroactive to October 1, 2000. The same will apply to any purchase of approved equipment and
expenses incurred in providing educational services. The enclosed Agreements contain a clause
reflecting the reimbursement of payments retroactive to October 1, 2000.
® Broward County Board of County Commissioners—An Equal Opportunity Employer and Provider of Services
Norman Abramowitz Scott 1.Cowan Suzanne N.Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E.Rodstrom,Jr.
Worid Wide Web:http://www.co.broward.fl.us/Parks E-Mail:rallen@co.brbward.fl.us
Fiscal Year 2000-20001 Enhanced Marine Law Enforcement Grant(EMLEG)Program Agreements
Jason Nunemaker,Assistant to the City Manager, City of Dania Beach
June 19,2000 Page 2
If you have any questions, please call me at 357-8174, by fax at 537-2865, or e-mail:
rallen@co'.broward.fl.us.
Sincerely,
Richard F. Allen,
Associate Planner, EMLEG Program Manager
Broward County Marine Advisory Committee,
Enhanced Marine Law Enforcement Grant Program
RFA
Attachments
• cc: Michael Smith, City Manager, Dania Beach
Marie Jabalee, Finance Director,Dania Beach
Bob Wright, Superintendent,Division,Planning and Design Section
Beth-Ann E. Herschaft, Assistant County Attorney, MAC Legal Counsel
MAC Membership
Files
AGREEMENT
Between
BROWAR® COUNTY
and
CITY OF DANIA BEACH
for
IMPLEMENTATION OF PROJECTS
PURSUANT TO THE
ENHANCE® MARINE LAW ENFORCEMENT GRANT
FY 2000 -2001
EXHIBIT "A"
INDEX
ARTICLE PAGE
1 PURPOSE 1
DEFINITIONS AND IDENTIFICATIONS 2
2 PROJECTS 2
SCOPE OF SERVICES 3
3 TERM AND TIME OF PERFORMANCE 3
4 COMPENSATION 3
5 METHOD OF BILLING AND PAYMENT 4
6 FINANCIAL RESPONSIBILITY 6
7 CHANGES IN SCOPE OF SERVICES 7
8 INDEMNIFICATION 7
9 INSURANCE 8
10 TERMINATION 10
11. SUSPENSION OF PAYMENTS 11
12 FINANCIAL STATEMENTS 12
13 MISCELLANEOUS 14
EXECUTION PAGES 20
EXHIBIT A 21
•
i
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
IMPLEMENTATION OF PROJECTS PURSUANT TO THE
ENHANCED MARINE LAW ENFORCEMENT GRANT
This is an Agreement between: BROWARD COUNTY, a political subdivision of the
state of Florida, hereinafter referred to as "COUNTY,"
AND
THE CITY OF DANIA BEACH, its successors and assigns, hereinafter referred to
as "GRANTEE."
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and GRANTEE agree as follows:
ARTICLE 1
PURPOSE
1.1 In order to establish the background, context, and frame of reference for this
Agreement, and to generally express the objectives and intentions of the respective parties
herein, the following statements, representations, and explanations shall be expected as
predicates for the undertakings and commitments included within the provisions which
follow and may be relied upon by the parties as essential elements of the mutual
considerations upon which this Agreement is based.
1.2 Pursuant to the Local Option Vessel Registration Fee, Section 1-525, et.seq., of the
Broward County Code of Ordinances, COUNTY imposed a registration fee on all vessels
required to register with the state of Florida which obtain such registration with Broward
County.
DANIA BCH-EMLEG#00, FY00/01
1.3 In accordance with the above-referenced sections, a portion of the monies collected
by COUNTY from the vessel registration fees are to be expended for the patrol and
regulation of the lakes, rivers, and waters within Broward County.
1.4 COUNTY is desirous of disbursing the funds to GRANTEE. However, as
administrators for the Program,COUNTY desires to obtain the assurance from GRANTEE,
and GRANTEE so assures COUNTY, that GRANTEE will comply with the statutes, rules,
and regulations of the United States, the state of Florida, and applicable codes and
regulations of COUNTY relating to the Project(s) as a condition precedent to the release
of such funds to GRANTEE.
1.5 This Agreement is subject to the availability of funds as more specifically described
in Article 10, hereof.
DEFINITIONS AND IDENTIFICATIONS
1.6 Agreement-means this document,Article 1 through 13, inclusive. Otherterms and
conditions are included in the exhibits and documents that are expressly incorporated by
reference.
1.7 Board -The Broward County Board of County Commissioners.
1.8 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Parks and Recreation Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator are
to coordinate and communicate with GRANTEE 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 the determinations made by the Contract
Administrator;provided, however,that such instructions and determinations do not change
the Scope of Services and/or any provisions set forth under Projects.
1.9 County Attorney-The chief counsel for COUNTY who directs and supervises the
Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter.
ARTICLE 2
PROJECT(S)
2.1 GRANTEE hereby agrees to provide and implement the following eligible Project(s):
A) Provide 944 hours of Daytime marine patrol coverage in Zone IX during
County fiscal year 2000-2001.
DANIA BCH-EMLEG#00, FY00/01 Page 2 of 21
B) Provide 455 hours of Aggressive marine patrol coverage in Zone IX during
County fiscal year 2000-2001.
Such Project(s) and eligible costs are more specifically described and set forth in
Exhibit"A," (attached hereto) and by this reference made a part hereof. It is specifically
understood that travel time to and from a detail and administrative overhead costs,
including scheduling time, do not constitute eligible costs.
SCOPE OF SERVICES
2.2 GRANTEE shall perform all work identified in this Agreement and Exhibit"A." The
parties agree that the Scope of Services is a description of GRANTEE'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 GRANTEE impractical, illogical, or
unconscionable.
2.3 GRANTEE 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 commence on October 1,2000, and shall terminate
on September 30, 2001; provided, however, if the term of this Agreement extends beyond
a single fiscal year of COUNTY, the continuation of this Agreement beyond the end of any
fiscal year shall be subject to the availability of funds from COUNTY in accordance with
Chapter 129, Florida Statutes.
3.2 All duties,obligations,and responsibilities of GRANTEE required by this Agreement
shall be completed no later than September 30, 2001. Time will be deemed to be of the
essence in performing the duties, obligations, and responsibilities required by this
Agreement.
ARTICLE 4
COMPENSATION
4.1 The maximum amount payable by COUNTY to GRANTEE under this Agreement
shall be Forty-Eight Thousand Nine Hundred Sixty-Five and 00/100 Dollars
0
DANIA BCH-EMLEG#00, FY00/01 Page 3 of 21
($48,965.00). The funding rate for patrolling the waterways within Broward County shall
be Thirty-Five Dollars ($35.00) per hour. In the event that GRANTEE requires two (2)
persons per boat for safety or security reasons, the participating agency must provide
written documentation explaining the need for two (2) officers per boat to the Contract
Administrator before permitting any officers to work. Should COUNTY agree to give to
GRANTEE funding for two (2) officers per boat, the number of patrol hours provided,
reimbursed, or paid by COUNTY shall not exceed four(4) hours per one(1)officer per any
one (1) given day. Accordingly, in the event that GRANTEE requires two (2) officers per
boat, the two patrolling officers shall be limited to a combination of no more than eight(8)
hours per day between the two(2)officers. At no time, regardless of the number of officers
needed per boat, will COUNTY pay more than eight(8) hours of patrolling time per day to
GRANTEE unless by express written agreement approved by Contract Administrator.
4.2 The funding rate for Educational Instruction by Agency Officers shall be Twenty_
Three Dollars ($23.00) per hour.
4.3 In accepting the amount of$48,965.00, GRANTEE acknowledges and agrees that
this is the maximum payable amount and this payment constitutes a limitation upon
COUNTY's obligation to compensate GRANTEE for its services related to this Agreement.
Additionally, this amount shall be accepted by GRANTEE as full compensation for all work
actually performed and completed pursuant to this Agreement. This maximum amount,
• however, does not constitute a limitation, of any sort, upon GRANTEE's obligation to
perform all items of work required by or which can be reasonably inferred from the Scope
of Services and/or Projects provisions. No amount shall be paid to GRANTEE to
reimburse its expenses unless expressly provided in this Agreement and/or within its
attachments.
4.4 COUNTY agrees to reimburse GRANTEE for the Project(s)expenses as described
in Article 2 and Exhibit"A," provided suspension of payment, as provided for in Article 11
hereof, has not occurred, and provided further that GRANTEE complies with the
procedures for invoices and payments as set forth in Article 5, herein.
ARTICLE 5
METHOD OF BILLING AND PAYMENT
5.1 GRANTEE shall invoice COUNTY quarterly on the following basis:
5.5.1 GRANTEE shall submit to the COUNTY's Contract Administrator a
certified copy of the employee's record/time card reflecting the services
rendered, the date the services were rendered, and appropriate approvals
by the City or agency that employs the officer.
•
DANIA BCH-EMLEG#00, FY00/01 Page 4 of 21
5.1.2 If the request for reimbursement is for an item purchased, GRANTEE
shall submit a copy of the receipt for the item purchased. All items shall be
purchased pursuant to the purchasing guidelines set forth in Chapter 287,
Florida Statutes, or if GRANTEE is not a state agency, the procurement
guidelines for the local entity.
5.1.3 GRANTEE administrator or his/her authorized representative shall
certify that the work or item that is being invoiced has been completed or
purchased.
5.1.4 In addition, GRANTEE shall provide COUNTY with quarterly progress
reports, on forms approved by the Contract Administrator or his/her
designee.
5.2 Upon receiving the reports and other materials as described by Section 5.1, the
Contract Administrator shall review such reports to determine whether the services and
items invoiced have been completed and that the invoiced services and items are proper
for payment. 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 Contract Administrator. Payment may be withheld for failure of GRANTEE
to comply with a term, condition, or requirement of this Agreement.
5.3 Upon determination by the Contract Administrator that the services or material
invoiced have been received or completed, the Contract Administrator shall authorize the
Broward County Finance and Administrative Services Department to make payment to
GRANTEE the amount it determines, pursuant to the aforementioned review, to be
payable. Payment shall be made payable to GRANTEE and not to employees or
contractors of the GRANTEE.
5.4 For purposes of this section, the reports and other materials as described in
Section 5.1 shall not be honored if received later than sixty (60) days after expiration or
termination of this Agreement.
5.5 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.
5.6 GRANTEE agrees to expend the funds allocated to the Project(s)by September 30,
2001. If GRANTEE fails to expend at least seventy-five percent (75%) of the funds
allocated to the project(s) by September 30, 2001, GRANTEE may not be eligible to
receive funds in the following fiscal year. Eligibility is determined by COUNTY's Contract
DANIA BCH-EMLEG#00, FY00/01 Page 5 of 21
iAdministrator or his/her designee. All funds not expended within the term of this
Agreement shall remain in the custody and control of COUNTY.
5.7 In the event the EMLEG participant misses"REGULARLY SCHEDULED HOURS,"
as specified in Exhibit"A," it may substitute hours designated as"AGGRESSIVE HOURS,"
at times deemed appropriate for either day or evening patrol by the Agency. These hours
will be identified as "makeup hours," on the monthly payment voucher.
Makeup hours are not intended to replace or alter times of concern; rather, they are to be
used when the EMLEG Grant participant has fallen behind regularly specified hours.
As noted in the grant itself, makeup hours will not replace regular patrol hours provided
by the agency, but will be in addition to normal patrol as enhanced hours.
5.8 Payment shall be made to GRANTEE at:
Michael Smith, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
® ARTICLE 6
FINANCIAL RESPONSIBILITY
6.1 GRANTEE hereby gives COUNTY,through any authorized representatives,access
to and the right to examine all records, books, papers, or documents relating to the
Project(s) in accordance with Section 13.2 below.
6.2 GRANTEE hereby agrees to maintain books, records,- and documents in
accordance with Article 12 below. GRANTEE also hereby agrees to maintain these
aforementioned records in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by COUNTY under this
Agreement.
6.3 GRANTEE hereby agrees that if it has caused any funds to be expended in violation
of this Agreement, it shall be responsible to refund such monies in full to COUNTY from
nongrant funds. Such refunds will additionally include twelve percent (12%) interest per
annum.
6.4 GRANTEE hereby agrees and understands that all funding under this Agreement
shall be used only for eligible activities specifically outlined in this Agreement.
•
DANIA BCH-EMLEG#00, FY00/01 Page 6 of 21
6.5 Within ninety(90)days after GRANTEE's fiscal year end, an annual financial report
shall be prepared by the Chief Financial Officer reflecting the receipt and disbursement
of funds for which the grant was awarded. The report shall reflect a clarification of
expenses to include, but not limited to, the following: salaries, fringe benefits, operating
expenses, equipment, and capital.
A Patrol and Educational Status Report shall be prepared by the Agency to reflect the
quantitative results of the enhanced enforcement or educational funding. Failure to
provide these report(s) on a timely basis will result in the suspension of payments.
a ARTICLE 7
CHANGES IN SCOPE OF SERVICES
7.1 Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 13.16 below.
ARTICLE 8
INDEMNIFICATION
• 8.1 GRANTEE shall at all times hereafter indemnify, hold harmless and, at County
Attorney's option, defend or pay for an attorney selected by County Attorney to defend
COUNTY, its officers, agents, servants, and employees against any and all claims, losses,
liabilities, and expenditures of any kind. This shall include attorney's fees, court costs, and
other expenses,caused by negligent act or omission or GRANTEE, its employees, agents,
servants, or officers, or accruing, resulting from, or related to the subject matter of this
Agreement including, without limitation, any and all claims, demands, or causes of action
of any nature, whatsoever, resulting from injuries or damages sustained by any person or
property. The provision of this section shall survive the expiration or earlier termination
of this Agreement. To the extent considered necessary by Contract Administrator and
County Attorney, any sums due GRANTEE under this Agreement may be retained by
COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have
been settled or otherwise resolved; and any amount withheld shall not be subject to
payment of interest by COUNTY.
8.2 In the event that GRANTEE is a state agency as defined in Chapter 768.28, Florida
Statutes, GRANTEE 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.
DANIA BCH-EMLEG#00, FY00/01 Page 7 of 21
• ARTICLE 9
INSURANCE
9.1 In order to insure the indemnification obligation contained above, GRANTEE shall,
as a minimum, provide, pay for, and maintain in force at all times during the term of this
Agreement(unless otherwise provided),the insurance coverages set forth in Sections 9.3,
9.4, and 9.5, in accordance with the terms and conditions required by this Article. Each
insurance policy shall clearly identify the foregoing indemnification as insured.
9.2 Such policy or policies shall be without any deductible amount and shall be issued
by approved companies authorized to do business in the state of Florida, and having
agents upon whom service of process may be made in Broward County, Florida.
GRANTEE shall specifically protect COUNTY and the Broward County Board of County
Commissioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insures under the Comprehensive General Liability Policy
only.
9.3. Comprehensive General Liability Insurance: (If GRANTEE is an agency, this
Section is Not Applicable to this Agreement) A Comprehensive General Liability
Insurance Policy shall be provided which shall contain minimum limits of Three Hundred
® Thousand Dollars($300,000)per occurrence combined single limitfor bodily injury liability
and property damage liability. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
Premises and/or operations.
Independent Contractors.
Products and/or Completed Operations for contracts.
Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed,with minimum limits of coverage equal to those required for Bodily
Injury Liability and Property Damage Liability.
9.4 (If GRANTEE is an agency, this Section is Not Applicable to this Agreement)
If an automobile vehicle is used for ENILEG business, Business Automobile Liability is
required: Business Automobile Liability with minimum limits of Three Hundred Thousand
Dollars ($300,000) per occurrence, combined single limit for Bodily Injury Liability and
DANIA BCH-EIVILEG#00, FY00/01 Page 8 of 21
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
Owned Vehicles.
Hired and NonOwned Vehicles.
Employers' NonOwnership.
9.5 (If GRANTEE is an agency, this Section is Not Applicable to this Agreement)
Workers' Compensation Insurance: Workers' Compensation Insurance to apply for all
employees in compliance with the"Workers' Compensation Law," of the State of Florida,
and all applicable federal laws. In addition, the policy(ies) must include:
Employers' Liability with a limit of One Hundred Thousand Dollars
($100,000) for each accident.
If any operations are to be undertaken on or about navigable waters,
coverage must be included for the U.S. Longshoremen & Harbor Workers
Act and the Jones Act.
9.6 (If GRANTEE is an agency, this Section is Not Applicable to this Agreement)
GRANTEE shall furnish to the Contract Administrator Certificates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement.
9.7 (if GRANTEE is an agency, this Section is Not Applicable to this Agreement)
Coverage is not to cease and is to remain in force (subject to cancellation notice) until all
performance required of GRANTEE is completed. All policies must be endorsed to provide
COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of
the insurance coverages will expire prior to the completion of the work, copies of renewal
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
9.8. In the event that GRANTEE is a state agency as defined by Section 768.28, Florida
Statutes, GRANTEE shall furnish Contract Administrator with written verification of liability
protection in accordance with state law prior to final execution of said agreement.
DANIA BCH-EMLEG#00, FY00/01 Page 9 of 21
• ARTICLE 10
TERMINATION
10.1 This Agreement is subject to the availability of funds. Should funds no longer be
available, this Agreement shall terminate upon no less than twenty-four(24) hours' notice
in writing to GRANTEE. Said notice shall be delivered by certified mail, return receipt
requested, or in person,with proof of delivery. COUNTY's Contract Administrator shall be
the final authority as to the availability of funds.
10.2 This Agreement may be terminated for cause by action of the Board or by
GRANTEE if the party in breach has not corrected the breach within thirty(30) days after
written notice from the aggrieved party identifying the breach,or for convenience by action
of the Board upon, not less than sixty (60) days' written notice by Contract Administrator.
This Agreement may also be terminated by Contract Administrator upon such notice as,
Contract Administrator determines that termination is necessary to protect the public
health, safety, or welfare.
10.3 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 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.
10.4 If,through any cause, GRANTEE fails to commence work on the Project, asset forth
in Article 2, and Exhibit 'A" within three (3) months from the date of execution of this
Agreement, or fails to fulfill in timely and proper manner its obligations under this
Agreement,or if GRANTEE shall violate any of the covenants, agreements,or stipulations
of this Agreement, COUNTY shall, thereupon, have the right to terminate this Agreement
or suspend payment in whole or part by COUNTY's Contract Administrator giving written
notice to GRANTEE of such termination or suspension of payment and specifying the
effective date thereof, at least five (5) days before the effective date of termination and
suspension. If payments are withheld, the Contract Administrator shall specify in writing
the actions that must be taken by GRANTEE as a condition precedent to resumption of
payments and should specify a reasonable date for compliance.
10.5 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.
DANIA BCH-EMLEG#00, FY00/01 Page 10 of 21
® 10.6 In the event this Agreement is terminated for convenience, GRANTEE shall be paid
for any services performed to the date the Agreement is terminated; however, upon being
notified of COUNTY's election to terminate, GRANTEE shall refrain from performing further
services or incurring additional expenses under the terms of this Agreement. GRANTEE
acknowledges and agrees that Ten Dollars($10.00)of the funding to be paid by COUNTY,
the adequacy of which is hereby acknowledged by GRANTEE, is given as specific
consideration to GRANTEE for COUNTY's right to terminate this Agreement for
convenience.
10.7 In the event of termination, all equipment, and any other assets, secured by
GRANTEE with funds under this Agreement shall be returned to COUNTY.
10.8 In the event of termination, any funds payable by COUNTY shall be withheld until
all documents are provided to COUNTY pursuant to Section 13.1 of this Agreement.
10.9 Notwithstanding the above, GRANTEE shall not be relieved of liability to COUNTY
for damages sustained by COUNTY by virtue of any breach of this Agreement by
GRANTEE, and COUNTY may withhold any payment to GRANTEE,for purposes of set-off
until such time as the exact amount of damages is determined.
10.10 All requests for amendments to this Agreement must be submitted in writing to the
Director of the Parks and Recreation Division no less than ninety (90) days prior to the
termination date of the Agreement.
10.11 GRANTEE agrees that-all capital assets and equipment, set forth in Exhibit "A,"
obtained or purchased for the Project with grant funds will be used for enhanced marine
law enforcement and marine-related educational instruction purposes for three (3)
consecutive years. The time commences on the effective date of this Agreement. Upon
expiration of the three (3) consecutive years, title to such capital assets and equipment
shall vest with GRANTEE.
If, for any reason, within the three (3) year period, GRANTEE does not, or cannot, use
such capital assets or equipment for the intended purposes, the GRANTEE, upon
cessation of use, shall give notice to COUNTY of its cessation, along with a description
of the capital assets and equipment it no longer uses. COUNTY, at its option, will take
possession of the capital assets and equipment, and title shall then vest with COUNTY.
ARTICLE 11
SUSPENSION OF PAYMENTS
11.1 The parties hereby agree that the following events are sufficient cause for
suspension of payments. Such events include but are not limited to:
DANIA BCH-EMLEG#00, FY00/01 Page 11 of 21
11.1.1 Ineligible use of grant funds;
11.1.2 Failure to comply with the work program, substantiation and
documentation, or terms of this Agreement;
11.1.3 Failure to submit reports as required including a favorable
review report; and
11.1.4 Submittal of misleading, incorrect, or falsified information or
omission of correct and complete information which may affect
the reports in any material respect.
ARTICLE 12
FINANCIAL STATEMENTS
12.1 Within ninety(90)days after the end of GRANTEE's fiscal year,the GRANTEE 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
GRANTEE'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 report should include
the following:
a. The receipt and disbursement of funds for which the grant was
awarded.
b. All revenues relating to the services and/or project classified by
source of revenues.
C. All expenditures relating to the services and/or project classified by
the type of expenditures, to include but is not limited to salaries,
fringe benefits, operating expenses, equipment and capital, which
reflect the classifications as set forth in Exhibit"A" of this Agreement.
12.2 If the 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 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 report. The report shall
include:
DANIA BCH-EMLEG#00, FY00/01 Page 12 of 21
® 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.
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. '
12.3 The special report shall include all requirements of Section 12.2, above for the
entire scope of the services or project covered by the Agreement, even if a part of the
services or project was performed during the previous fiscal year(s)or continues past the
end of the GRANTEE's current fiscal year.
12.4 In addition to Sections 12.1 and 12.2, GRANTEE shall prepare a Patrol and
Educational Status Report to reflect the quantitative and qualitative results of the
enhanced enforcement or educational funding.
12.5 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.
12.6 Failure of the GRANTEE to meet the financial reporting requirements and
educational status reporting requirements shall result in suspension of payment under this
or any subsequent grant agreement in effect and disqualify the GRANTEE from obtaining
future grant awards until such financial statements and educational status reports are
received by Contract Administrator and found acceptable by the Broward County
Commission Auditor.
12.7 GRANTEE 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.
12.8 GRANTEE agrees to reimburse COUNTY any and all funds not used in strict
compliance with this Agreement.
12.9 In the event that the GRANTEE is a nonprofit organization, GRANTEE shall provide
the Contract Administrator, with all management letters, arising from audited financial
statements within ninety (90) days of the date of said management letter.
12.10 GRANTEE shall provide to Contract Administrator the schedule of correction
developed in response to said management letter(s) within thirty (30) days of its
development.
DANIA BCH-EMLEG#00, FY00/01 Page 13 of 21
® 12.11 GRANTEE shall provide to Contract Administrator any compliance audits required
by law within ninety(90) days after the close of each of GRANTEE's fiscal years in which
GRANTEE accounts for funds under this Agreement.
ARTICLE 13
MISCELLANEOUS
13.1 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 GRANTEE, whether finished
or unfinished, shall become the property of COUNTY and shall be delivered by
GRANTEE to the Contract Administrator within seven(7)days of termination of this
Agreement by either party. Any compensation due to GRANTEE shall be withheld
until all documents are received as provided herein.
13.2 AUDIT RIGHT AND RETENTION OF.RECORDS
® COUNTY shall have the right to audit the books, records, and accounts of
GRANTEE that are related to this Project. GRANTEE shall keep such books,
records, and accounts as may be necessary in order to record complete and correct
entries related to the Project.
GRANTEE 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 auditfindings 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 GRANTEE's records, GRANTEE shall
comply with all requirements thereof; however, no confidentiality or nondisclosure
requirement of either federal or state law shall be violated by GRANTEE. 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.
DANIA BCH-EMLEG#00, FY00/01 Page 14 of 21
® 13.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
GRANTEE 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. GRANTEE 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, GRANTEE 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.
GRANTEE'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 161/), 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.
GRANTEE shall not engage in or commit any discriminatory practice in violation of
the Broward County Human Rights Act (Broward County Code, Chapter 16'/2) in
performing any services pursuant to this Agreement.
13.4 INDEPENDENT CONTRACTOR
GRANTEE is an independent contractor under this Agreement. Services provided
by GRANTEE pursuant to this Agreement shall be subject to the supervision of
GRANTEE. In providing such services, neither GRANTEE nor its agents shall act
as officers, employees, or agents of the COUNTY. This Agreement shall not
constitute or make the parties a partnership or joint venture.
13.5 THIRD PARTY BENEFICIARIES
Neither GRANTEE 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.
DANIA BCH-EMLEG#00, FY00/01 Page 15 of 21
• 13.6 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: FOR GRANTEE:
Robert Harbin, Director Michael Smith, City Manager
Parks and Recreation Division City of Dania Beach
950 N.W. 38 Street 100 West Dania Beach Boulevard
Oakland Park, Florida 33309 Dania Beach, Florida 33004
(954) 357-8100
13.7 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, GRANTEE shall not subcontract any
portion of the work required by this Agreement except as authorized by Exhibit"A."
GRANTEE 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.
GRANTEE shall perform its duties, obligations, and services under this Agreement
in a skillful and respectable manner. The quality of GRANTEE'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.
13.8 CONFLICTS
Neither GRANTEE nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with GRANTEE's loyal and conscientious exercise of
judgment related to its performance under this Agreement.
GRANTEE 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
DANIA BCH-EMLEG#00, FY00/01 Page 16 of 21
• administrative proceeding in which he or she is not a party, unless compelled by
court process. Further, GRANTEE agrees that such persons shall not give sworn
testimony or issue a report or writing, as an expression of his or her expert opinion,
which is adverse or prejudicial to the interests of COUNTY in connection with any
such pending or threatened legal or administrative proceeding. The limitations of
this section shall not preclude GRANTEE or any other persons from representing
themselves in any action or in any administrative or legal proceeding.
In the event GRANTEE is permitted to utilize subcontractors to perform any
services required by this Agreement, GRANTEE agrees to prohibit such
subcontractors, by written contract,from having any conflicts within the meaning of
this section.
13.9 CONTINGENCY FEE
GRANTEE warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for GRANTEE, 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
GRANTEE,anyfee,commission, percentage,gift,orother consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or
violation of this provision, COUNTY 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.
13.10 MATERIALITY AND WAIVER OF BREACH
COUNTY and GRANTEE 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.
13.11 COMPLIANCE WITH LAWS
GRANTEE 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.
DANIA BCH-EMLEG#00, FY00/01 Page 17 of 21
13.12 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 GRANTEE 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.
13.13 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.
13.14 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 12 of this Agreement shall
prevail and be given effect.
13.15 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.
13.16 AMENDMENTS
13.16.1 Upon mutual agreement, the COUNTY's Contract Administrator or
his/her designee shall be authorized to approve line item changes to the
budget information and the dates and times of coverage, as long as the
zones remain the same, set out in Exhibit"A,"provided such changes do not
result in an increase in the funding amount shown in Section 4.1 and Exhibit
"A" (attached hereto) and the changes are consistent with the intent of the
grant. The provisions provided under Article 13.16 including any and all
subsections contained herein will apply to all marine-related educational
funding as listed in Exhibit "A."
DANIA BCH-EMLEG#00, FY00/01 Page 18 of 21
13.16.2 Except for the provisions as set forth in Section 13.16.1, 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
COUNTY and GRANTEE.
13.17 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 Article 13.16 above.
13.18 INCORPORATION BY REFERENCE
The truth and accuracy of each"Whereas" clause set forth above is acknowledged
® by the parties. The attached Exhibit"A" is incorporated into and made a part of this
Agreement.
13.19 MULTIPLE ORIGINALS
This Agreement may be fully executed in six(6)copies by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
13.20 CONTRACT ADMINISTRATOR AND GRANTEE'S DESIGNATED
REPRESENTATIVE
The Contract Administrator for COUNTY for this Agreement is the Parks and
Recreation Division Director or his/her designee. GRANTEE's Designated
Representative for this Agreement is Jason Nunernaker, Assistant to the City
Manager and, in Mr. Nunemaker's absence, Finance Director, Marie Jabalese
will be the Designated Representative. In administration of this Agreement, as
contrasted with matters of policy, all parties may rely upon the instructions and
determinations made by the respective Contract Administrator as authorized agent
for COUNTY and the Designated Representative. GRANTEE may, from time to
time, in absolute discretion, change its designated representative upon written
notice to COUNTY given in accordance with Article 13.6 hereof.
•
DANIA BCH-EMLEG#00, FY00/01 Page 19 of 21
1
® IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Chair or Vice Chair, authorized to execute same by Board action
on the day of , 20 , and GRANTEE, signing by and
through its , duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through its Board
of County Commissioners
By
Broward County Administrator, as , Chair
Ex-officio Clerk of the Broward County day of , 20
Board of County Commissioners
Approved as to form by
EDWARD A.DION,COUNTYATTORNEY
Office of the County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
® Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
By By
Beth-Ann E. Herschaft
Assistant County Attorney
GRANTEE
CITY OF DANIA BEACH
W ESSE
By:
Mayur
By
:2rthdayof
Smith, City Manager
June ;Fg2000
y
Sheryl hapman, Acting City Clerk
APPROVED AS TO FOR :
(SEAL) By
nsbro
Attorney
BAHImm
H.AW PIEMLEGIEMLEGOOogreeDAN.wpd
DANIA BCH-EMLEG 900, FY00/01 Page 20 of 21
r
EXHIBIT "All
CITY OF DANIA BEACH
ENHANCED MARINE LAW ENFORCEMENT GRANT
a) Provide 944 hours of Daytime patrol coverage for Zone IX, (Dania cut-off Canal)
for eight hours per day on every Saturday and Sunday. Included are: November
23, 24(Thanksgiving Day and Day after); December 25 (Day after Christmas Day);
December 26, 27, 28, and 29 (Christmas Week); January 1 (New Years Day),
February 19, 20, 21, 22, and 23 (Presidents' Day Week Observed); April 9, 10, 11,
12, and 13(Easter Week); May 28, 29, and 30 (Memorial Day Observed); July 2, 3,
and 4 (Independence Day Observed); and September 2 and 3 (Labor Day).
Excluded are: October/November (Ft. Lauderdale International Boat Show);
December(Ft. Lauderdale and Pompano Beach Holiday Boat Parades); and May
(Air and Sea Show).
b) Provide 455 hours of Aggressive Patrol coverage for Zone IX(Dania Cut-off Canal)
as needed.
Daytime Patrol Hours in Zones IX (944 hours) $33,040
Aggressive Patrol Hours in Zone IX (455 hours) $15,925
Total Costs $48,965
DANIA BCH-EI+ILEG#00, FY00/01 Page 21 of 21