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HomeMy WebLinkAboutR-1998-131 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. jSection 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 CI Y CLERK -KUDITOR APPROVED AS TO FORM M AND CORRECTNESS: I. � CITY AYT05NEY RESOLUTION NO. 131-98 J i _ 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 y� Countywide local mRgalian sntegy.doc i i Emergency Management Division Broward County Emergency Operations Center 201 N.W.84 Avenue 8 RD LCOUNTY Plantation.FL 33324 (954)831-3900.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. i 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 w originals. i RROWARD COUNTY BOARD OF COUNTY COMMISSIONCRS—An ERud Opportunity Employer and Provider of somicas Normon Ab'o 0.1IZ Scott I.COwon Swome N.GunzbwQer Ilene UebormOn Lot Nome Parrish SVIvia POi"I Jam E RPdTtrprn.Jr. World Wide Web:http.//www.eo.bloward.fl.us/dlla3tot ZE/eWd SOBS ZB£ bS6 11,131,139BNBW ADN39d3W3 Sd:9T B66T-ZO-d3S A I - I 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 A AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for MUNICIPAULOCAL MITIGATION STRATEGY �-XHIGI ! "fn " i AGREEMENT 1 Between BROWARD COUNTY and CITY OF DANIA for MUNICIPAL/LOCAL MITIGATION STRATEGY I 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 i I WHEREAS, COUNTY/CONTRACTOR has a need for such services to formulate the Local Mitigation Strategy, and accepts the offer of DANIAISUBCONTRACTOR upon the terms and conditions hereinafter set forth; NOW THEREFORE, I IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter setforth,COUNTY/CONTRACTORand DANIA/SUBCONTRACTOR agree as follows: i ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement-means thisdocument,Articles 1 through 9, inclusive. Otherterms and conditions are included in the exhibits and documents that are expressly incorporated by reference. j 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, 1 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 i 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 partof the workdescribed 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 1 by the COUNTY/CONTRACTOR. i 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- .. A • } 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 DANIA/SUBCONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. i 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: CAF#112.FRM (Rev. 2/11/98) -4- i ARTICLE 5 I 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. I 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- 4 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 i 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 anyservices 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 I 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- A 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 j 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- i 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, I 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 Actregarding 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 1 161/z), 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/z) 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' t 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 i 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 parry 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: CAF#112.FRM (Rev. 2/11/98) -9- ... A l I 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 itsduties,obligations,and services under this Agreement in a skillful and respectable manner. The quality of DAN IA/SUBCONTRACTO R'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 1 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 11 (Rev. 2/11/98) 9.15 AMENDMENTS 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 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 I 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.FRM (Rev. 2/11/98) -12- I 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 _day of 1998, authorized to execute same by Board action on the 91h 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 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 Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Robert E. Hone, Assistant County Attorney CAF#112.FRM (Rev. 2/11/98) -13- wo. \ DAN[A/SUBCONTRACTOR DANIA, THROUGH ITS WITNESSES: By Jim Cali, Mayor by: Michael Smith, City Manager Attest: Approved as to form & correctness: arse Jabalee, City Clerk by: Tom Ansbro, City Attorney l CAM 12.FRM (Rev. 2/11/98) 14 t I 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. 11 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- tow I 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 listingof existing municipal policies,ordinances andprograms 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. i 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 comrnunity,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 IH. 31 Contract Period- Deliverables due by March 15, 1999: A Subcontractor shall provide the following information in a format approved by the County: 1. Critical facilitiesinventory(seeattachedEstofcriticalfacilitiesandcategories) 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- 4 I 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. i 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. h CAF#112.FRM (Rev. 2/11/98) -18- i Critical Facilities Listing Animal Related Correctional Facility I 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- , > ,; �; ; ; -, ;' , f. C. � .; [ ' f :.�; �..: � ��. � � r �:, ��_.,,, �� �,.,�"