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HomeMy WebLinkAboutR-2000-181 RESOLUTION NO. 2000-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE LOCAL MITIGATION STRATEGY (LMS) ADOPTED BY THE BROWARD COUNTY BOARD OF COMMISSIONERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, requires the City to plan for hazard mitigation, hurricane evacuation, post-disaster redevelopment planning and a local mitigation strategy; and WHEREAS, the State Department of Community Affairs (DCA) has designated the Broward County Emergency Management Division as the local coordinator of the Local Mitigation Strategy Program for the Broward County area; and WHEREAS, the City has entered into an agreement with Broward County and the DCA to authorize the County to prepare the City's municipal components of a single unified County-wide Local Mitigation Strategy; and WHEREAS, the Broward County Board of County Commissioners adopted the Broward County Local Mitigation Strategy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 That the City Commission of the City of Dania Beach hereby supports Broward County's adopted Local Mitigation Strategy Section 2 That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 14th day of November, 2000. ZZ, MAYOR -rCOMMISPIONER ROLL CALL: SHERYL HAPMA MAYOR MCELYEA - YES ACTING CITY CLERK VICE-MAYOR BERTINO- YES COMMISSIONER CALI - YES COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES APPROVED AS TOM FAO M AND CORRECTNESS BY: THOAS J.�ANSBR CITY ATTORNEY 1 RESOLUTION NO. 2000-181 AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for MUNICIPAL/LOCAL MITIGATION STRATEGY AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for MUNICIPAULOCAL MITIGATION STRATEGY 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/CONTRACTOR," AND ® CITY OF DANIA, a Florida municipal corporation, hereinafter referred to as "DANIA/SUBCONTRACTOR." WHEREAS, the Federal Department of Energy (DOE) and the Federal Emergency Management Agency (FEMA) have authorized funding for the preparation of a Statewide Mitigation Project, including the development of local mitigation strategies and pre- identification and prioritization of Hazard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, DANIA/SUBCONTRACTOR represents that it is fully qualified; possesses the requisite skills, knowledge, qualifications, and experience to provide the Local Mitigation Strategy services identified herein; and offers to perform such services; and CAF#112.FRM (Rev. 2/11/98) -1- WHEREAS, COUNTY/CONTRACTOR has a need for such services to formulate the Local Mitigation Strategy, and accepts the offer of DANIA/SUBCONTRACTOR upon the terms and conditions hereinafter set forth; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY/CONTRACTOR and DANIA/SUBCONTRACTOR agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement- means 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 - The Broward County Board of County Commissioners. 1 .3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Emergency Management Division, or the designee of such Administrator or Director. The primary responsibilities of the Contract Administrator are to coordinate and communicate with DANIA/SUBCONTRACTOR 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 Attorney - The chief legal counsel for COUNTY/CONTRACTOR, who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.5 Project - The Project consists of the services described in Article 2. CAF#112.FRM ® (Rev. 2/11/98) -2- ARTICLE 2 SCOPE OF SERVICES 2.1 DANIA/SUBCONTRACTOR shall perform all work identified in this Agreement and Exhibit "A." The parties agree that the scope of services is a description of DANIA/SUBCONTRACTOR'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 DANIA/SUBCONTRACTOR impractical, illogical, or unconscionable. 2.2 DANIA/SUBCONTRACTOR shall provide the COUNTY/CONTRACTOR with the reports and activities identified in Exhibit"A", in accordance with the dates specified therein. If all required reports and activities prescribed are not sent to the COUNTY/CONTRACTOR or are not completed in a manner acceptable to the COUNTY/CONTRACTOR, the COUNTY/CONTRACTOR may withhold further payment until they are completed. The COUNTY/CONTRACTOR may terminate the agreement with DANIA/SUBCONTRACTOR if reports or activities are not received or completed within thirty (30) days after written notice by the COUNTY/CONTRACTOR. Upon reasonable notice, DANIA/SUBCONTRACTOR shall provide such additional program updates or information as may be required by the COUNTY/CONTRACTOR. 2.3 DANIA/SUBCONTRACTOR 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 begin on the date it is fully executed by both parties and shall end on August 31, 1999; provided, however, if the term of this Agreement extends beyond a single fiscal year of COUNTY/CONTRACTOR, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY/CONTRACTOR in accordance with Chapter 129, Florida Statutes. No deliverables shall be accepted after July 1, 1999, and no request for payment or invoices shall be accepted after July 31, 1999. CAF#112.FRM ® (Rev. 2/11/98) -3- .�, 3.2 All duties, obligations, and responsibilities of DANIA/SUBCONTRACTOR required by this Agreement shall be completed no later than July 1 , 1999. Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 COUNTY/CONTRACTOR agrees to pay DANIA/SUBCONTRACTOR, in the manner specified in Exhibit "A" the total amount of Fifteen Thousand Dollars ($15,000.00) for work actually performed and completed pursuant to this Agreement, which amount shall be accepted by DANIA/SUBCONTRACTOR as full compensation for all such work. It is acknowledged and agreed by DANIA/SUBCONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY/CONTRACTOR's obligation to compensate DANIA/SUBCONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon DAN IA/SU BCO NTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. 4.2 Notwithstanding any provision of this Agreement to the contrary, COUNTY/CONTRACTOR 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 by DANIA/SUBCONTRACTOR. When the above reasons for withholding payment are removed or resolved in a manner satisfactory to Contract Administrator, payment may be made. The amount withheld shall not be subject to payment of interest by COUNTY/CONTRACTOR. 4.3 Payment shall be made to DANIA/SUBCONTRACTOR at: City of Dania 100 W. Dania Beach Blvd. Dania, FL 33004 Attn: Terry L. Virta , AICP Growth Management Director CAF#112.FRM (Rev. 2/11/98) -4- �, ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.18 below. ARTICLE 6 INDEMNIFICATION 6.1 DANIA/SUBCONTRACTOR and COUNTY/CONTRACTOR are state agencies as defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of their respective agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either 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 7 INSURANCE 7.1 DANIA/SUBCONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes, and DANIA/SUBCONTRACTOR shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said agreement. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by DANIA/SUBCONTRACTOR upon thirty (30) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than thirty (30) days' written notice by Contract Administrator. This Agreement may also be CAF#112.FRM (Rev. 2/11/98) -5- terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 8.2 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/CONTRACTOR 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. 8.3 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. 8.4 In the event this Agreement is terminated for convenience, DANIA/SUBCONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of COUNTY/CONTRACTOR's election to terminate, DANIA/SUBCONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. DANIA/SUBCONTRACTOR acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by COUNTY/CONTRACTOR, the adequacy of which is hereby acknowledged by DANIA/SUBCONTRACTOR, is given as specific consideration to DANIA/SUBCONTRACTOR for COUNTY/CONTRACTOR's right to terminate this Agreement for convenience. 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/CONTRACTOR. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by DANIA/SUBCONTRACTOR, whether finished or unfinished, shall become the CAF#112.FRM (Rev. 2/11/98) -6- property of COUNTY/CONTRACTOR and shall be delivered by ® DANIA/SUBCONTRACTOR to the Contract Administrator. 9.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY/CONTRACTOR shall have the right to audit the books, records, and accounts of DANIA/SUBCONTRACTOR that are related to this Project. DANIA/SUBCONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. DANIA/SUBCONTRACTOR shall preserve and make available, at reasonable times for examination and audit by COUNTY/CONTRACTOR, all financial records, supporting documents,statistical records, and any other documents pertinentto 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/CONTRACTOR to be applicable to DANIA/SUBCONTRACTOR's records, DANIA/SUBCONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by DANIA/SUBCONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY/CONTRACTOR's disallowance and recovery of any payment upon such entry. 9.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT DANIA/SUBCONTRACTOR shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by COUNTY/CONTRACTOR, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. CAF#112.FRM ® (Rev. 2/11/98) -7- DANIA/SUBCONTRACTOR'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/CONTRACTOR Code, Chapter 161/2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. DANIA/SUBCONTRACTOR shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, DANIA/SUBCONTRACTOR 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. DANIA/SUBCONTRACTOR shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward COUNTY/CONTRACTOR Code, Chapter 161/2), national origin, marital status, political affiliation, or physical or mental disability during employment. 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. DANIA/SUBCONTRACTOR shall not engage in or commit any discriminatory practice in violation of the Broward COUNTY/CONTRACTOR Human Rights Act (Broward COUNTY/CONTRACTOR Code, Chapter 161/2) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 9.4 INDEPENDENT CONTRACTOR DANIA/SUBCONTRACTOR is an, independent contractor under this Agreement. Services provided by DANIA/SUBCONTRACTOR shall be subject to the supervision of DANIA/SUBCONTRACTOR. In providing the services, DANIA/SUBCONTRACTOR or its agents shall not be acting and shall not be CAF#112.FRM ® (Rev. 2/11/98) -8- deemed as acting as officers, employees, or agents of the COUNTY/CONTRACTOR. 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. 9.5 THIRD PARTY BENEFICIARIES Neither DANIA/SUBCONTRACTOR nor COUNTY/CONTRACTOR 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. 9.6 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/CONTRACTOR: Director, Broward County Emergency Management Division 201 N.W. 84 Avenue Plantation, Florida 33324 FOR DANIA/SUBCONTRACTOR: Growth Management Director, City of Dania 100 W. Dania Beach Blvd. Dania, FL 33004 CAF#112.FIRM ® (Rev. 2/11/98) -9- .,� 9.7 PERFORMANCE DANIA/SUBCONTRACTOR 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/CONTRACTOR's satisfaction for the agreed compensation. DANIA/SUBCONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of DANIA/SUBCONTRACTOR's performance and all interim and final product(s) provided to or on behalf of COUNTY/CONTRACTOR shall be comparable to the best local and national standards. 9.8 CONTINGENCY FEE DANIA/SUBCONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for DANIA/SUBCONTRACTOR, 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 DANIA/SUBCONTRACTOR, 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, Board 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. 9.9 WAIVER OF BREACH AND MATERIALITY Failure by COUNTY/CONTRACTOR 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/CONTRACTOR and DANIA/SUBCONTRACTOR 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. CAF#112.FRM (Rev. 2/11/98) -10- 9.10 COMPLIANCE WITH LAWS DANIA/SUBCONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 9.11 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/CONTRACTOR or DANIA/SUBCONTRACTOR 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. 9.12 JOINT PREPARATION Preparation of this Agreement has been a joint effort of COUNTY/CONTRACTOR and DANIA/SUBCONTRACTOR and the resulting document shall not, solely as a ® matter of judicial construction, be construed more severely against one of the parties than any other. 9.13 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. 9.14 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. CAF#112.FRM (Rev. 2/11/98) -11- 9.15 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 DANIA/SUBCONTRACTOR. 9.16 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 contained in a written document in accordance with Section 9.18 below. 9.17 OTHER AGREEMENTS COUNTY/CONTRACTOR has entered into an agreement with the state of Florida for the grant funding of this Agreement. The Agreement requires the COUNTY/CONTRACTOR to extract certain promises from DANIA/SUBCONTRACTOR. DANIA/SUBCONTRACTOR agrees to be bound by the terms and conditions of that agreement. This agreement is set forth as Exhibit „B„ 9.18 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas"clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 9.19 COUNTERPARTS This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. CAF#112.FIRM (Rev. 2/11/98) -12- �, IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY/CONTRACTOR through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator on the � "G day of . 1998, authorized to execute same by Board action on the 9" day of June, 1998, and DANIA/SUBCONTRACTOR, signing by and through its _ on the day of 1998, duly authorized to execute same. AGREEMENT BETWEEN BROWARD COUNTY/CONTRACTOR AND The City of mania SUBCONTRACTOR FOR MUNICIPAULOCAL MITIGATION STRATEGY COUNTY/CONTRACTOR BROWARD COUNTY, through its County Administrator WITNESS: By Roger J. Desjarlais, County Administrator Approved as to form by SHARON L. CRUZ, Interim County Attorney � for Broward County, Florida or0 - Governmental Center, Suite 423 C r +� 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 35 -7600 Telec ier: (954 7- 41 d yJ��«Oa.fd6/y6•' .'y` By /. '1 Rob rt on ssist �f County Attorney CAF#112.FRM (Rev. 2/11/98) -13- DANIA/SUBCONTRACTOR DANIA, THROUGH ITS WITNESSES: By Jim Calms', Ma,'.or--- 11 Mic ael� mirth, City Manager : Approved a ' to orfi & correctness : 7-Lie Jab ee City Clerk Tom Ansbro, City Attorney i CAF#112.FRM (Rev. 2/11/98) -14- �- EXHIBIT A SCOPE OF WORK LOCAL MITIGATION STRATEGY MUNICIPAL AWARD:DANIA$15,000.00 Purpose The Subcontractor shall assist in the development of a Local Mitigation Strategy(the LMS) using the Department of Community Affairs' (DCA) publication "the Local Mitigation Strategy:A Guidebook for Florida Cities and Counties, hereafter referred to as "the Guidebook, " as well as other applicable guidance. Subcontractor shall participate in this process, in order to achieve a single unified, LMS, for Broward County. Payment and Deliverables Schedule This is a fixed-fee subcontract. The County will pay compensation at the end of each contract period, based on completion of activities identified in this scope of work,the submission of all deliverables listed below within the scheduled time frame, and a determination by the County that the Subcontractor has satisfactorily completed the pertinent activities and deliverables. All payments will be made as soon as possible, following receipt of State payments to the County. At the end of the first contract period the Subcontractor maybe paid 20%of the total contract amount, 20%at the end of the second contract period,40%at the end of the third contract period,and the remaining 20% of the total contract amount at the end of the fourth and final contract period. Subcontractor shall submit all deliverables in the format prescribed by the County. The final deliverable shall include an agreed upon Local Mitigation Strategy document, endorsed by resolution, and submitted to the state by the county. All submissions to the County shall be addressed to: Broward County Emergency Management LMS Project 201 NW 84' Avenue Plantation, Florida 33024 1. 1 n Contract Period - Deliverables due July 15, 1998 A. Identify the municipal contact person for this subcontract, to include phone and fax number. This individual will be responsible to provide regular briefings to the chief municipal administrative officer and to formally represent the municipality regarding mitigation and emergency management issues that come before the Emergency Coordinating Council and Mitigation Task Force. CAF#112.FRM (Rev. 2/11/98) -15- ... B. At least one municipal representative, including the representative named in "A" above, shall actively attend and participate in all Emergency Coordinating Council and Mitigation Task Force meetings. C. The municipal representative shall actively assist in the development of procedures to resolve conflict between government entities,that may arise from the development of the local mitigation strategy. D. The municipal representative to the Emergency Coordinating Council and Mitigation Task Force shall actively assist in the development of evaluation criteria and procedures, to regularly review, update and revise the local mitigation strategy. E. The municipal representative to the Emergency Coordinating Council and Mitigation Task Force shall actively assist in the development of Community Guiding Principles. To include: 1. providing a listing of municipal agencies and the mitigation functions they perform Include a narrative description of how these agencies help reduce losses from hazards. 2. providing a listing of existing municipal policies,ordinances and programs that affect mitigation. 3. providing an evaluation of existing municipal mitigation policies, ordinances and programs, describing their effectiveness at reducing losses of life and property. H. 2" Contract Period - Deliverables due by September 15, 1998. A. As outlined in Section 4 of the Guidebook and drawing from the evaluation of existing mitigation policies, ordinances and programs completed in the previous contracting period, actively assist in the development of, and provide city specific information on: 1. The municipality will contribute to the establishment of a single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address hazard mitigation. CAF#112.FRM ® (Rev. 2/11/98) -16- 2. a city specific analysis of how existing policies, ordinances and programs could be strengthened to achieve the mitigation goals and objectives of the community. 3. a city specific and countywide hazard identification and vulnerability assessment. This will be accomplished by identifying municipal data, data sources, and assisting and collecting of data. 4. the identification of private sector interests and methods for private sector involvement. Establish contact with relevant interests in the local business community and appropriate citizen groups to foster, encourage and obtain their participation. 5. procedures to prioritize both municipal and county mitigation initiatives 6. summary of building permit information that identifies the dollar value and number of current mitigation activities, such as hurricane shuttering, within the municipality III. 3rd Contract Period - Deliverables due by March 15, 1999: A. Subcontractor shall provide the following information in a format approved by the County: 1. Critical facilities inventory(see attached list of critical facilities and categories) 2. Listing of other public buildings, facilities, and infrastructure. 3. Repetitive loss data. 4. Hazardous materials sites (302 facilities). 5. Historical flood data, including description of conditions during the flood event. B. Subcontractor shall submit a list that includes potential program, project, and policy initiatives at the municipal level of potential mitigation initiatives which: CAF#112.FRM ® (Rev. 2/11/98) -17- 1. reduce vulnerability. 2. study and identify cost beneficial mitigation activities, including engineering studies. 3. identify existing and potential mitigation initiatives found and to be added in existing local government Capital Improvements Plans for future funding consideration. 4. recommend program and policy actions and revisions to further promote effective hazard mitigation. 5. Progress report of private sector participation in the Local Mitigation Strategy. C. The municipal representative to the Emergency Coordinating Council and Mitigation Task Force shall actively assist in the identification of potential funding sources. D. Subcontractor shall provide a list of potential municipal mitigation initiatives. E. Subcontractor shall review and comment on all mutually developed hazard identification and vulnerability assessments and on the potential mitigation initiatives. IV. 4' Contract Period - Deliverables due by July 1, 1999: A. Subcontractor shall agree, by resolution, to final Local Mitigation Strategy as a compiled document to be submitted to the Board of County Commissioners for formal adoption. CAF#112.FRM (Rev. 2/11/98) -18- �. Animal Related Critical Facilities Listing ® Correctional Facility Church Clinic Communication Emergency Operation Center Electrical Emergency Medical Services Fire Station Hazardous Material Site Hospital Florida Highway Patrol Landfill-Active Landfill-Inactive Landing Zone Military Base Nursing/Convalescent Police Department Potable Water Radioactive Site Red Cross Refuge of Last Resort School Shelter Special Needs Shelter Sheriff Department Sewage Treatment Facility Transportation Facility Water Treatment Facility CAF#112.FRM ® (Rev. 2/11/98) -19- .,•• Noticeof MeeUng Broward County Mitigation Task Force November 8, 2000 8:30 A. M. Froward County Emergency Operations Center 201 IOW 84t' Avenue ` Plantation, Florida 33324 Important Subjects to Be Addressed: Municipal Resolutions Supporting LMS The Broward County Emergency Management Division was recently informed by the state that in order for a local mitigation project to funded, the municipality in which the proposed project is located must have on file a resolution supporting the Local Mitigation Strategy adopted by Broward County in March 2000. Some municipalities already have such a resolution. For those municipalities for which no such resolution is on file, a staff member of the Emergency Management Division has contacted the municipality's task force representative concerning the preparation of a resolution. If you have any questions concerning the preparation of such a resolution, please contact John Gabel at 831-3917. To assist you, a sample resolution can be faxed to you. We ask that each municipality's LMS representative submit a copy of his/her municipality's resolution to the Emergency Management Division, Attention: John Gabel by fax at 382- 5805 or by mail to 201 NW 84"' Avenue, Plantation, Florida 33324. Presentation- Emergency Management Competitive Grant and Municipal Competitive Grant New Funding Cycles The Emergency Management Competitive Grant and Municipal Competitive Grant's new funding cycles will be addressed by a member of the Emergency Management Division's staff. There is a major change from the normal funding cycle as two funding cycles will run ® concurrently. ® RESOLUTION NO. 131-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THAT CERTAIN AGREEMENT BETWEEN THE CITY OF DANIA ("DANIA/SUBCONTRACTOR") AND BROWARD COUNTY ("COUNTY/CONTRACTOR"), FOR PARTICIPATION IN THE DEVELOPMENT OF A COUNTYWIDE LOCAL MITIGATION STRATEGY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after due consideration, the City of Dania, Florida hereinafter designated as ("DANIA SUBCONTRACTOR") deems it in the public interest to execute an Agreement between Broward County (COUNTY/CONTRACTOR) for participation in the development of a countywide Municipal/Local Mitigation Strategy, a copy of which is attached hereto and made a part thereof. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA Section 1: That that certain Agreement between the Broward County and the City of Dania, which is attached as Exhibit "A", is approved and the appropriate City Officials are authorized to execute same. ® Section 2: That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 8T" day of September 1998. MAYOR - COMMISSIONER ATT . CITY CLERK- UDITOR APPROVED AS TO FORM AND CORRECTNESS: �T. -% EML�! CITY A O EY RESOLUTION NO. 131-98 CITY OF DANIA -- - _ - -- MEMORANDUM TO: Michael W. Smith City Manager FROM: Terry L. Virta, AICP Growth Management Director RE: COUNTYWIDE LOCAL MITIGATION STRATEGY Date: September 3, 1998 Broward County has initiated the development of a countywide local mitigation strategy. The effort is funded in part though a grant from the Department of Community Affairs. As a part of this effort the County is contracting with the cities to provide data for the study. The County is offering to contract with Dania to provide our portion of the data. To compensate for our efforts the County is offering a grant in the amount of$15,000. The City would further agree to participate in the Broward County Mitigation Task Force and the Broward County Emergency Coordinating Council. To that end staff is already participating in the Mitigation Task Force. Staff recommends that the City Commission authorize the entering into the agreement with Broward County, and further to direct the City Attorney to review the agreement prior to its actual signing. TLV;lc Countywide local mitigation strategy.doc EmOrgO ncg Management Division Broward County Emergency Operatlons Center a. 201 N.W.84 Avenue B RD COUNTY Plantation.FL 33324 (954)831-3900 o FAX(954)382-5805 Email.- user®co.broward.fl.us June 12, 1998 98.0906 Michael Smith, City Manager City of Dania 100 W. Dania Beach Boulevard Dania, FL 33004 Dear Mr. Smith: Broward County is pleased to announce the beginning of the development of a countywide local mitigation strategy. Your municipality should have received a notification letter by the Florida Department of Community Affairs (dated January 28, 1998) informing you about ® this new initiative. As part of this effort, the City of Dania is eligible to receive up to $15,000 to assist In the completion of a single, unified Local Mitigation Strategy with Broward County. The county will receive pass through funds from the state that include the amount allocated for your city. Enclosed is an agreement to develop a unified Local Mitigation Strategy in coordination with the county. In accepting these funds, your municipality agrees to actively participate in the Local Mitigation Strategy (LMS) process through the involvement in the Broward County Mitigation Task Force (LMS Working Group) and the Broward County Emergency Coordinating Council. Also,a representative must be designated as the municipal contact person for this agreement and at least one representative and alternate must be designated to attend all Mitigation Task Force and Emergency Coordinating Council meetings. The scope of work attached to the agreement outlines all required tasks and responsibilities. You will note that the first contract period deliverables are due July 15, 1998. 1 realize that this is a very ambitious time schedule. If this is not feasible, at a minimum, please give us a status report on the intentions of your municipality regarding this matter prior to July 15,1998. In order to officially accept these funds please follow these instructions: ® 1. Fill in the mailing address for payments in Section 4.3 on all three duplicate originals. BROWARO COUNTY BOARD Of COUNTY COMMISSIONERS—An EQual Opportunity Employer and Provider Of Services Norman Abramowitz Scoff I,Cowan Swann N.Gunzburgar Ilene Ue09rrnor% Lori Nonce Pordtn Sylvia Pottier John E.Rodstrom,Jr. Wodd Wide Web-.Mtp!//www,CO.b(oward.tl.us/dl3a3ter Michael Smith, City Manager Page Two 2. Add to Section 9.6 on all three documents the person to contact, title and address for official notices regarding this agreement. 3. Fill in the title of the individual authorized to sign this agreement on behalf of the city and date signed on the top of page 13. 4. Fill in the title and name and have each of the three documents signed by that individual and the signing verified by two witnesses on page 14. 5. Provide a written statement verifying that your city has liability protection in accordance with state law and enclose that with the three completed and signed duplicate original agreements. 6. Return to the Broward County Emergency Management Division. The address is on the letter. Our County Administrator will sign the agreement on behalf of the Board and a fully executed agreement will be sent back to you. We would like to emphasize the importance of your community involvement in this endeavor. The ultimate outcome of this process will be to identify and prioritize community mitigation projects which is crucial for state and federal disaster assistance funding considerations after an actual event. We look forward to working with your community in the development of the Local Mitigation Strategy. If you have any questions or require further information please contact Glenn Margoles at 831-3933 regarding contract and financial issues or Lori Vun Kannon at 831-3915 regarding program issues. Sincerely, Sherman "Tony" Carp Director STC:sp Enclosure: Three copies of the contract 954 382 5905 NOU-09-2000 15:20 EMERGENCY MANAGEMENT 954 382 5805 P.01iO3 EAX NUMBER: (954) 382-5805 TO; Gear doh so ® _ r 2 FAX NUMBER: SUBJECT: 0 NO. OF PAG 201 NW 84THA VE. S. PLANTATION, FL (including coversheet) 33324 .FACSIMILE TRANSMITTAL SKEET .'ROM. DIRECTOR (831-39a5) ® _,,,ASSISTANT DIRECTOR (831 3908) ADMINISTRATIVE MANAGER (83.1-3906) `OPERATIONS MANAGER (8313916) .,,_P1 AN G MANA GER (8313915) `GRANT'S ADMINISTRATOR (831-3933) „SYSTEMS ADMIN,I,,STRATOR (831-3912) .DATA ADMINISTRATOR (831-3911) N 15, - YASSOCMTE PLANNER, OI"ERATIONS(83.1-390*) —HEALTHCARE FA COORDINATOR (831-391 TRAINING COORDINATOR (831-�3907) SFECL9L PROJECTS COORDINATOR (831-3919) —DIVISION SECRETARY11(8313905) SECRETARYII(831-3902) —PUB-UC SER VICE INTERN(831-3904) COALVEN.TS: �. .. SENTRY: st n .DATE/TIME: NOU-09-2000 15:20 EMERGENCY MANAGEMENT 954 382 5805 P.02iO3 A 0 1 RESOLUTION NO. 2000-8 1 A €RESOLUTION OF THE CITY OF HALLANDALE z BEACH, FLORIDA, SUPPORTING TH£ LOCAL MITIGATION STRATEGY (LMS) ADOPTED BY THE 3 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS 4 ,g WHEREAS, Chapter 163, Florida Statutes , requires the City to plan for hazard mitigation, hurricane evacuation, 7 post-disaster redevelopment planning, and a local mitigation $ strategy; and 9 WHEREAS, the State Department of Community Affairs 10 (DCA) has designated the Broward County Emergency Management Division as the local coordinator of the Local Mitigat.ian 1,1 Strategy Program for the Broward County area; and WHEREAS, the City has entered into an agreement 13 With Broward County and the DCA to authorize the County to 14 prepare the City`s municipal components of a single unified 1.5 County-wide Local Mitigation Strategy; and 16 WHEREAS, the Broward County Board of County 17 Commissioners adopted the Broward County Local Mitigation 18 Strategy. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 20 COMMISSION OF THE CITY OF HALLANDAJLE BEACH, FLORIDA: 21 SECTION 1 , The City Commission of the City of 22 Hallandale Beach hereby supports Broward County' s adopted 23 Local Mitigation Strategy, 24 27 RES. ISO: 2000-8 NOV-09-2000 15:20 EMERGENCY MANAGEMENT 954 382 5805 P.03iO3 r. SECTION 2 . This resolution shall become 1 _ --- effective immediatelY. 2 APPROVED and ADOPTED this April Q , 2000 . 4 Mp R-COMMI5SI0 R ATTEST: S Vola q AYE r NO CITY CLERK ' �.�snn2r --•"--� 7A.rjosenber; —y• 0.Ross AZ ;.S,a,1d �—�----"- '•4U5;ain.Cf;Mi:it1 of Ir.tdr33: 10 11 2 13 14 15 16 11 18 19 20 21 2z 23 24 �3 - �c 27 fkES . NO 2000-8 TOTAL P.03