HomeMy WebLinkAboutR-2000-107 RESOLUTION NO. 2000-107
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT WITH BROWARD COUNTY.
AND THE CITY OF DANIA BEACH FOR WATER SAFETY
INSTRUCTION/EDUCATION PROGRAMS FOR CHILDREN
UP TO FOURTEEN (14) YEARS OF AGE AT C.W. THOMAS
PARK FOR FY 1999-00; BROWARD COUNTY TO
REIMBURSE CITY OF DANIA BEACH THREE DOLLARS
AND TWENTY CENTS ($3.20) PER CHILD PER LESSON TO
A MAXIMUM OF THIRTY THOUSAND DOLLARS
($32,000.00), FOR THE SCOPE OF SERVICES OUTLINED IN
THE 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 the Agreement between Broward County and the City of Dania
Beach for water safety instruction/education programs for children up to fourteen years
of age at C.W. Thomas Park for FY 1999-00, in substantial form as attached, is
approved and the appropriate city officials are authorized to execute it.
•
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
of the City. Such Agreement shall not be deemed accepted by the City unless and until
the City has completed its execution of the Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
1 RESOLUTION NO. 2000-107
PASSED AND ADOPTED this 11th day of July, 2000.
�A Z4-9& i
YOR - OMMISS1 ER
ATTEST:
ROLL CALL:
lel�
MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES .
'SHERYL CHAPMAN COMMISSIONER CALI - YES-
ACTING CITY CLERK COMMISSIONER ETLING- YES
COMMISSIONER MIKES- YES
APPROVED AS T� i M AND CORRECTNESS:
BY: (1-1
TH MA J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2000-107
AGREEMENT
Between
® BROWARD COUNTY
and
CITY OF DANIA BEACH
for
WATER SAFETY INSTRUCTION/EDUCATION
STANDARD FORM FOR USE WITH GOVERNMENTAL ENTITIES
® AGREEMENT
Between
BROWARD COUNTY
and
City of Dania Beach
for
WATER SAFETY INSTRUCTION/EDUCATION
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY,"
AND
® ' City of Dania Beach
a municipal corporation of the State of Florida,
hereinafter referred to as "CONTRACTOR."
WHEREAS, COUNTY desires to make water safety instruction available to children
in Broward County ages six (6) months to fourteen (14) years; and
WHEREAS, COUNTY desires to make water safety education classes available to
adults residing in Broward County; and
WHEREAS, COUNTY desires to make water safety instructor certification classes
available to the general public; and
WHEREAS, CONTRACTOR is willing to provide water safety instruction, adult water
safety education, and water safety instructor certification classes as set forth herein this
Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
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ARTICLE
SCOPE OF SERVICES
1 .1 CONTRACTOR shall furnish the water safety instruction to children in Broward
County ages six (6) months to fourteen (14) years at the following location(s):
C .W Thomas Park - 800 NW 2nd street Services to be provided by
CONTRACTOR are more specifically described in Exhibit "A" attached hereto and
made a part hereof.
1.2 CONTRACTOR shall furnish water safety adult education classes to persons
residing in Broward County at the following location(s):
C .W. Thomas Par - Ron NW 2nH qj-rppt Services to be provided by
CONTRACTOR are more specifically described in Exhibit "A" attached hereto and
made a part hereof.
1.3 CONTRACTOR shall furnish water safety instructor certification classes at the
following location(s): C .W. Thnma c Park - 8 0 8 NW 2n,4 st._ Services to be
provided by CONTRACTOR are more specifically described in Exhibit"A" attached
hereto and made a part hereof.
® 1.4 CONTRACTOR shall conduct a term of classes for the services described in
Sections 1.1 - 1.3 above in such location(s) and times to be mutually agreed upon
by the parties.
1.5 CONTRACTOR shall conduct all classes in a careful and responsible manner with
due regard for the safety of the participants and others.
1.6 CONTRACTOR represents that it, or any persons assisting CONTRACTOR in the
performance of services herein, has 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 herein and to provide and
perform such services to COUNTY's satisfaction. CONTRACTOR shall perform its
duties, obligations, and services under this Agreement in a skillful and respectable
manner.
1.7 CONTRACTOR shall be solely responsible for securing the services of and
compensating any other persons or other personnel as may be required to
adequately and safely perform the services provided for herein.
1.8 CONTRACTOR shall be required to do either of the following prior to
commencement of water safety instruction services under this Agreement: (i)
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require all participants (parent/legal guardian for minors) to sign a waiver and
release of liability form on behalf of COUNTY which will be provided to
CONTRACTOR by COUNTY's Contract Administrator or (ii) include COUNTY in
CONTRACTOR's own waiver and release of liability form following approval of
C0NTRACTOR's form by the County Attorne.y's Office.
1.9 COUNTY and CONTRACTOR acknowledge and agree any procurement of services
referenced herein during the term of this Agreement shall be within COUNTY's
Director of the Parks and Recreation Division's procurement authority of Thirty
Thousand Dollars ($30,000.00). Any change or modification to the maximum
amount of compensation to be paid to CONTRACTOR under this Agreement which
exceeds the Parks and Recreation Division's procurement authority noted above
shall be presented to the Board for approval in the form of an amendment to this
Agreement.
ARTICLE 2
COMPENSATION
2.1 CONTRACTOR shall register all students for the water safety instruction classes
provided herein on the form provided by COUNTY. COUNTY agrees to reimburse
CONTRACTOR, on a monthly basis, Three Dollars and Twenty Cents ($3.20) per
child per lesson. CONTRACTOR's monthly attendance sheet shall be submitted
to COUNTY and COUNTY shall create the invoice required for payment for such
services.
2.2 COUNTY and CONTRACTOR shall mutually agree to the fees to be charged for the
adult education and the water safety instruction certification classes prior to the
commencement of these services by CONTRACTOR. COUNTY agrees to
reimburse CONTRACTOR, on a monthly basis, the agreed upon fees for the
provision of adult education and water safety instruction classes following
submission by CONTRACTOR of a proper invoice.
2.3 COUNTY agrees to pay CONTRACTOR within thirty (30) calendar days of receipt
of the invoice for said services. Payment shall be made to CONTRACTOR in
accordance with COUNTY's Prompt Payment Ordinance, (Sec. 1-51.6, Broward
County Code of Ordinances) as may be amended from time to time, and at the
address specified in Article 9, "NOTICES" section of this Agreement.
2.4 The maximum amount of compensation to be paid by COUNTY to CONTRACTOR
for services rendered under this Agreement shall be $30,000.00.
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ARTICLE 3
TERM OF AGREEMENT
The term of this Agreement shall be for one (1) year fro ( October 1, 1999 ugh
September 30, 2000. This Agreement shall be automatically renewed for additional one
(1) year terms under the same terms and conditions contained herein unless either party
elects not to renew this Agreement by providing the other party with sixty(60) days written
notice as provided for in Article 9, "NOTICES" section of this Agreement. Continuation of
this Agreement beyond the end of any fiscal year of COUNTY shall be subject to the
availability of funds from COUNTY in accordance with Chapter 129, Florida Statutes.
ARTICLE 4
TERMINATION OF AGREEMENT
4.1 The performance of services under this Agreement may be terminated immediately
by either party when such party determines that it is in the best interest of the public
health, safety and welfare. Such notice may be made verbally to the other party
® pursuant to Article 9, "NOTICES" section of this Agreement, and shall be promptly
followed by written notice in accordance said Article. COUNTY shall be liable only
for payment for work performed by CONTRACTOR prior to the effective date of
such termination. The effective date of any termination under this Section shall be
the date of receipt of notice from the terminating party.
4.2 Either party may terminate this Agreement for convenience by giving the other party
sixty (60) days written notice as provided for in Article 9 herein. The effective date
of any termination under this Section shall be the date of receipt of written notice
from the terminating party.
ARTICLE 5
INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR shall be by employees, agents or approved subcontractors
of CONTRACTOR and subject to supervision by CONTRACTOR. In providing such
services, neither CONTRACTOR nor its employees, agents or approved subcontractors
shall act as officers, employees, or agents of COUNTY. This Agreement shall not
constitute or make the parties a partnership or joint venture. Personnel policy, tax
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® responsibilities, social security, health insurance, employee benefits, travel, per diem
policy, purchasing policies and any other similar administrative procedures applicable to
services rendered under this Agreement shall be those of CONTRACTOR.
ARTICLE 6
LIABILITY
CONTRACTOR is a state agency or subdivision as defined in Chapter 768.28,
Florida Statutes, and agrees to be fully responsible for acts and omission's of its agents or
employees to the extent permitted bylaw. 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 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 7
INSURANCE
® CONTRACTOR is a state agency or subdivision as defined by Section 768.28,
Florida Statutes, and CONTRACTOR shall furnish COUNTY's Contract Administrator with
written verification of liability protection in accordance with state law prior to final execution
of this Agreement.
ARTICLE 8
NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT
8.1 CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR 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,
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® layoff, termination, rates of pay, otherforms of compensation, terms and conditions
of employment, training (including apprenticeship), and accessibility.
8.2 CONTRACTOR'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 161/2), 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.
8.3 CONTRACTOR .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.
ARTICLE 9
NOTICES
Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place
• for giving notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Article. For the present, the parties designate the
following as the respective places for giving of notice, to-wit.-
FOR COUNTY:
Bob Harbin, Director
Broward County Parks and Recreation Division
950 Northwest 38th Street
Oakland Park, Florida 33309
FOR CONTRACTOR:
Mardie Holloway
.City of Dania Beach P&R
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
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i
ARTICLE 10
FINANCIAL STATEMENTS/MANAGEMENT LETTERS
10.1 CONTRACTOR shall provide two (2) copies of CONTRACTOR's audited financial
statements consisting of Balance Sheets, Statement of Operations, Statement of
Changes in Fund Balances, Statement of Cash Flows, any management letter(s)
thereby generated as it relates to funding provided under this Agreement, and
CONTRACTOR's response to any management letter(s). The audit of the financial
statements shall be performed by an independent certified public accounting firm
in accordance with Generally Accepted Auditing Standards and Government
Auditing Standards issued by the Comptroller of the United States.
10.2 CONTRACTOR shall provide to COUNTY's Contract Administrator three(3)copies
of a special report prepared by an independent certified public accountant, or by
CONTRACTOR's internal auditor or Finance Director if no internal auditor exists,
on the following elements. The special report shall show all revenues, by source,
and all expenditures as set forth in the Scope of Services for the program being
funded by this Agreement. The report shall specifically disclose any funds received
which were not expended in accordance with this Agreement or with any regulations
incorporated by reference therein. It shall identify the total of noncompliant
iexpenditures as due back to COUNTY.
10.3 if the special report is prepared by an independent certified public accountant, it
shall be in accordance with generally accepted auditing standards. If the special
report is prepared by an internal auditor, it shall be a review and contain a report on
the reports required by this Agreementfrom thefinancial records of CONTRACTOR
in accordance with the normal internal audit procedures of CONTRACTOR. The
special report is to be filed with CONTRACTOR's governing body.
10.4 CONTRACTOR shall submit two (2) copies of the financial statements described
in Section 10.1 above, one(1)copy of the accompanying management letter, if any,
and three (3) copies of the special report described in Section 10.2 above to
COUNTY's Contract Administrator within one hundred twenty (120) days after the
close of CONTRACTOR's fiscal years in which CONTRACTOR receives funds
under this Agreement.
ARTICLE 11
MISCELLANEOUS
11.1 Amendment. No modification, amendment, or alteration of the terms and conditions
contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
11.2 Assignment. CONTRACTOR shall not transfer; assign or subcontract the
performance of services called for in this Agreement without the prior written
consent of COUNTY.
11.3 Compliance with Laws. CONTRACTOR shall without additional expense to
COUNTY, be responsible for obtaining any necessary licenses and for complying
with any and all applicable federal, state, county and municipal laws, codes and
regulations in connection with the performance of the services specified herein.
11.4 Third Party Beneficiaries. Neither CONTRACTOR nor COUNTY intend 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.
11.5 Audit Right and Retention of Records. COUNTY shall have the right to audit the
books, records, and accounts of CONTRACTOR related to this Agreement.
CONTRACTOR shall keep such books, records., and accounts as may be
necessary in order to record complete and correct entries related to this Agreement.
CONTRACTOR shall preserve and make available, at reasonable times for
examination and audit by COUNTY, all 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 audit findings have not been
resolved at the 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 CONTRACTOR's records, CONTRACTOR shall comply with all
requirements thereof; however, no confidentiality or non-disclosure requirement of
either federal or state law shall be violated by CONTRACTOR. Any incomplete or
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incorrect entry in such books, records, and accounts shall be a basis for COUNTY's
disallowance and recovery of any payment upon such entry.
11 .6 Contingency Fee. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for
CONTRACTOR, 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 CONTRACTOR, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For a breach or violation of this provision, the Board
of County Commissioners shall have the right to terminate this Agreement without
liability at its discretion, or to deduct from this Agreement price or otherwise recover
the full amount of such fee, commission, percentage, gift or consideration.
11.7 Waiver of Breach and Materiality. Failure by COUNTY 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. ,COUNTY and CONTRACTOR 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.
11.8 Severance. In the event this Agreement or 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 CONTRACTOR elects to terminate this
Agreement. The election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
11.9 Joint Preparation. The parties hereto 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 a joint effort of the parties, the language
has been agreed to by parties to express 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.
11.10 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
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from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
11.11 Applicable Law and Venue. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of 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.
11.12 Contract Administrators. The Contract Administrators for this Agreement are the
Parks and Recreation Division Director or designee for COUNTY, and
CONTRACTOR's. City Manager or designee for CONTRACTOR. In the
implementation of the terms and conditions of this Agreement, as contrasted with
matter of policy, all parties may rely upon instructions or determinations made by
the respective Contract Administrators. For purposes of this Agreement, the term
"COUNTY" used herein, as it relates to renewal or termination of this Agreement,
shall mean action taken by the Director of COUNTY's Parks and Recreation
Division.
11.13 Priority of Provisions. If there is a conflict or inconsistency between any terra,
istatement, 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 11 of this
Agreement shall prevail and be given effect.
11.14 Multiple Originals. This Agreement may be executed in two (2) Copies, each of
which shall be deemed to be an original.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the'respective dates under each signature: BROWARD COUNTY through
the Director of its Parks and Recreation Division, authorized to execute same by the Board
of County Commissioners on the _ day of , 2000, and
signing by and through its , duly authorized
to execute same.
COUNTY
WITNESSES: BROWWARD COUNTY, through the Director,
PARKS AND RECREATION DIVISION
By
Director
day of
Approved as to form by
Office of County Attorney
Insurance Requirements Broward County, Florida
approved by County's EDWARD A. DION, County Attorney
Risk Management Division Governmental Center; Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By Telecopier: (954) 357-7641
By
PATRICE M. EICHEN
Assistant County Attorney
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• AGREEMENT BETWEEN BROWARD COUNTY AND City of Dania Beach FOR
WATER SAFETY INSTRUCTION
CONTRACTOR - Dania Beach , throuqh
the Director,
Parks and Recreation
WITNESSES. CITY OF — Dania R -a .h
By_
el
_ By;
Mic mith, City Manaqer
14th of July 2000
ATTE
l�G lr� APPROVED AS TO FORM:
Acting City 6erk I"/
By
(CORPORATE SEAL) City orney
PME:smc
swim.a01
2/21/00
#00-115.15
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EXHIBIT "A"
Insert a specific scope of services
[. Scope of Services
The PROVIDER agrees to provide water safety lessons Swimming JR-820.950-80, to children
('Clients") age's 6 months through 14 years, which will include water safety practices. The
lessons will be given at parks, municipal pools, and private agency pools.The Swim Central
Water Safety Education Program is a collaborative effort between the Broward County Parks and
Recreation Division, the lead agency and the following: YMCA of South Broward County, Boward
County Boys and Girls Club, Broward Chapter of the American Red Cross, Family Central, YMCA
of Broward County, City Lauderdale Lakes, International Swimming Hall of Fame, City of
Lauderhill, City of Miramar, City of Sunrise, City of Oakland Park, City of Deerfield Beach, City of
Pompano Beach, City of Coral Springs, City of Hollywood, Town of Davie,Swim America, City of
Dania, City of Fort Lauderdale, City of Hallandale,City of Pembroke Pines, City of Plantation, City
of North Lauderdale, Cooper City, City of Coconut Creek, City of Margate, Broward County
School System, and the City of Tamarac. The Program will provide a minimum of eight(8)and
maximum of ten (10) each of water safety lessons to 8,600 children. In addition, in collaboration
with the Broward County School Board who will provide transportation, Broward County
. Elementary school aged children ("Clients")will receive up to twenty(20)water safety lessons by
Provider.The family of every child participating in the program will receive swim safety
information sessions.There will be a minimum of 2,500 adults ("Clients")participating in these
sessions,which will be facilitated by a certified American Red Cross instructor.These sessions
will provide Basic CPR, Basic Water Safety and Basic First Aid. Each family will receive the"Till
Help Arrives"booklet and the Swim Central Water Safety Brochure.
Collaborations providing water safety instruction will employ instructors authorized in one of the
five state approved programs, Red Cross,YMCA, Ellis, Swim America, and NASCO.They will be
trained and certified by instructor trainers in their respective programs.
Collaborators will use the instructor/student ratio according to their program curriculums.Many'will
be using instructor aides to maximize class size. Children age 36 months and under will be
accompanied in the pool by a parent/guardian.The children will receive a minimum of 35-45
minutes of water safety instruction per class.
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