The URL can be used to link to this page

Home My WebLink AboutR-2000-103 RESOLUTION NO. 2000-103 A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA APPROVING THE GRANT AGREEMENT WITH THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, UNDER THE COMMUNITY INVESTMENT GRANT AWARDED TO THE CITY OF DANIA BEACH FROM THE DEPARTMENT OF COMMUNITY AFFAIRS, FOR SERVICES RELATING TO THE DEVELOPMENT AND IMPLEMENTATION OF POLICIES AND PROGRAMS CONSISTENT WITH THE STATE OF FLORIDA'S EASTWARD HO! INITIATIVE; 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 the Grant Agreement between the City of Dania Beach and the South Florida Regional Planning Council, underthe Community Investment Grant awarded to the City by the Department of Community Affairs, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. The City Manager and City Attorney are authorized to make minor revisions to-such Grant Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions in conflict herewith be repealed to the extent of such conflict.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 THIS 11th DAY OF JULY, 2000. A O - COMWISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES HERYL CHAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING- YES COMMISSIONER MIKES- YES APPROVED AS TQ F0 AND CORRECTNESS: BY: �` - / \/ THOM S XANSBRO CITY ATTORNEY RESOLUTION NO. 2000-103 3 YiL� • ,�+. a a'� ;. FLORIDA July 18, 2000 Samuel S. Goren, Esq. Attorney for South Florida Regional Planning Council 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308-4311 RE: GRANT AGREEMENT WITH S. FLA. REGIONAL PLANNING COUNCIL UNDER COMMUNITY INVESTMENT GRANT FROM COMMUNITY AFFAIRS DEPT. REGARDING FLORIDA'S "EASTWARD HO!" AWARDED TO CITY OF DANIA BEACH Dear Mr. Goren: ® The enclosed Resolution#2000-103 was approved by the Dania Beach City Commission at its July I Ith Regular City Commission meeting. Also enclosed are two original grant agreements to be executed on Page 4 by you and the Executive Director of the Planning Council and witnessed . Also, please complete the date of execution on both documents on Page 1, and return one original agreement to me. Thank you. Sincerely, Charlene Johnson Deputy City Clerk CJ/bj 1 Enclosures 3 "Broward's First City" 1.00 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us SOUTH FLORIDA REGIONAL PLANNING COUNCIL EASTWARD HO! COMMUNITY INVESTMENT PROGRAM GRANT AGREEMENT THIS IS AN AGREEMENT made and entered into this Z day of July, 2000 by and between the SOUTH FLORIDA REGIONAL PLANNING COUNCIL, a body corporate and politic and ar agency of the State of Florida, hereinafter referred to as "SFRPC" and the City of Dania Beach, Tax IL #59-60000302, hereinafter referred to as the "GRANTEE". WITNESSETH: WHEREAS, the SFRPC entered into a Grant Agreement on December 10, 1996, with the Stat( of Florida Department of Community Affairs, for the development and implementation of policie,, and programs consistent with the State of Florida's Eastward Ho! initiative, the same being incorporated herein by reference and make a specific part hereof (the "Agreement"); and WHEREAS, the Community Investment Grant Program assists efforts that encourage community involvement and active community participation, promote economic development, and promote the principles and objectives of Eastward Ho!; and WHEREAS, the GRANTEE, described above, has been selected by the SFRPC through competitive process of competitive selection and by virtue of its submission of a response to a reques! for Letters of Interest, dated March, 1999; and WHEREAS, the GRANTEE represents that it is professionally qualified, possesses the requisite skills, knowledge, qualifications, and experience to carry out the scope of services described herein and does offer to perform such services; and NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions provisions and undertakings herein contained, and for other good and valuable considerations, the parties do mutually covenant and agree with each other as follows: ® ARTICLE I ® COMPENSATION 1.1 The SFRPC agrees to contract with the CITY OF DANIA BEACH for the term hereinafter referred to, consistent with the terms, conditions and provisions of the Act and other applicable, professional and ethical requirements imposed upon the GRANTEE by existing SFRPC Rules or existing agreements as they may be amended from time to time. 1.2 The SFRPC agrees to pay the GRANTEE consistent with the terms, conditions and provisions set forth on Exhibit "B", attached hereto and made a specific part hereof. 1.3 If the GRANTEE fails to perform and complete in a timely fashion the services required under the Scope of Services attached hereto as Exhibit "A", the SFRPC, if it so elects, may terminate this contract without becoming liable for any further payments. 1.4 Both the SFRPC and the GRANTEE agree that the GRANTEE shall at all times act as an independent agent in the performance of its duties under this Agreement. In no event, however, shall the GRANTEE be considered an employee of the SFRPC. Accordingly, the GRANTEE shall be Oesponsible for the payment of all taxes including Federal and State taxes arising out of the GRANTEE's activities in accordance with this Agreement including by way of illustration but not limitation, Federal income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fees as may be lawfully required of a grantee performing such services. ARTICLE II TERM AND CANCELLATION 2.1 This Agreement shall commence upon execution and shall terminate on the 30t" day of September, 2000. 2.2 It is anticipated that the GRANTEE shall fulfill its obligations under this Agreement by completing the Scope of Services by the termination date. 2.3 Either party may cancel this Agreement on not less than fifteen (15) days notice to the other party in writing, by certified mail, personal delivery or facsimile transfer. ARTICLE III GENERAL PROVISIONS 2 3.1 It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and that 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, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 3.2 It is understood and agreed that community involvement will be conducted to the maximum extent feasible as outlined in the Scope of Services. It is further agreed that the GRANTEE or its designees shall be invited to attend periodic roundtables with other SFRPC Grantees, particularly related to public outreach, community capacity building, and community leadership training. The SFRPC shall inform the GRANTEE of the dates and locations of the roundtables. Is 3.3 It is further agreed that no modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 3.4 This document shall be executed in at least three (3) counterparts each of which shall be deemed to be a duplicate original. 3.5 The Agreement is executed and is to be performed in the State of Florida, and shall be governed by and construed in accordance with the laws of the State of Florida. 3.6 In connection with any litigation arising out of this Agreement, including any administration, trial level, or appellate proceedings, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorney's fee and paralegal costs. 3.7 If any clause, section or other part or application of this Agreement shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 3 part or application shall be considered as eliminated and so not affecting the validity of the remainin; portions or applications remaining in full force and effect. 3.8 The GRANTEE agrees to (i) follow all applicable state and federal laws and regulation,, and (ii) hold the Council and the Florida Department of Community Affairs harmless against al claims of whatever nature arising out of the GRANTEE'S performance of work under this agreement to the extent allowed and required by law. 3.9 If the GRANTEE subcontracts any or all of the work required under this agreement, the GRANTEE agrees to include in the subcontract that the sub-grantee is bound by the terms an( conditions of this contract with the SFRPC and Florida Department of Community Affairs. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on th, respective dates of each signature: the SOUTH FLORIDA REGIONAL PLANNING COUNCIL through its Executive Director, authorized to execute same by SFRPC action on the 13th day o September, 1999. • SFRPC: E T: SOUTH FLORIDA REGIONAL PLANNING COUNCIL CAROLYDOA. DEKLE, DATE jEXECUTIVE DIRECTOR Approt4d as to legal form: BY: ) 1 D SA&4UEL S. GO , ESQ. DATE General Counsel o SFRPC '1 4 i GRANTEE: CITY OF DANIA BEACH By: K. McEI. a, yor Attest: By: Sheryl Chapman Michael . S Acting City Clerk City M age (SEAL) Signed 1411, day of JULY, 2000. Approved As To Form And Correctness: By Thomas nsb , ity Attorney • • 5 ® o O p � r? CO W ku' rctcd x 'p. v A c D w Q + ^d cC N m O v v bA v bJo w A M ct M Q v U E� E� u• 0 cz O 0 0 0 0 O 0 O 0 0 0 UU v v v v v 0 0 v v a vbO o 0 �x0 Qj O ♦ H ai V � A 41 � U � W QO O ♦ ♦ O ♦ O ♦ O O ♦ O wU cz as 75 bi n0 0 14, O b0 x ° � � U vU o o ° °0 Y tow o a o a) a o v v v G .� .x x 0 11) .x -v E—� W �1E+ QE-- E-� C� U) WE� WE-� E—� Wc!) � P-4 P. P4 P. NQ � � L1cn � Cn �l EXHIBIT "B" METHOD OF COMPENSATION Part I: General Compensation is for services provided as described in "Exhibit A" of this contract. In the event of conflicting language between this Exhibit and the body of the Contract, the Contract shall Govern. Part II:Schedule of Compensation Compensation is to be made according to the following schedule: 1. $5,000 upon execution. 2. $5,000 upon completion and submittal of 4 copies of a final (draft) report containing the project deliverables as described in Tasks 1-3 in Exhibit "A", no later than September 15, 2000. •