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HomeMy WebLinkAboutR-1997-138 I l RESOLUTION NO. 138-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR IMPLEMENTATION OF PROGRAMS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT (EMLEG) COVERING THE FISCAL YEAR 1996-97; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain agreement, between Broward County and the City Of Dania for implementation of programs pursuant to the Enhanced Marine Law Enforcement Grant (EMLEG) covering the Fiscal Year 1996-97, a copy of said agreement is attached hereto and made a part hereof as Exhibit "A", is hereby approved. Section 2. . That all resolutions or parts of resolutions in conflict herewith be and } the same are hereby repealed to the extent of such conflict. Section 3. . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 23 DAY //OF SEPTEMBER 1997. A OR- MMISSIONER ATTEST: CITY CLERK-AUDITOR APPRO S TO nFAAND CORRECTNESS: ASSISTA T CITY ATTOR Y RESOLUTION NO. 138-97 I I AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for IMPLEMENTATION OF PROGRAMS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT EXHIBIT ` All AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for IMPLEMENTATION OF PROJECTS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT This is an Agreement between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND CITY OF DANIA, its successors and assigns, hereinafter referred to as "GRANTEE." W I T N E S S E T H, that, for and in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, COUNTY and GRANTEE agree as follows: ARTICLE I PURPOSE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 Pursuant to the Local Option Vessel Registration Fee, Section 1-525, et. seq., of the Broward County Code of Ordinances, Broward County imposed a registration fee on all vessels required to register with the state of Florida which obtain such registration with Broward County. taw' 1 I i 1.2 In accordance with the above-referenced sections, a portion of the monies collected by Broward County from the vessel registration fees are to be expended for the patrol and regulation of the lakes, rivers, and waters within Broward County. 1.3 COUNTY is desirous of disbursing the funds to GRANTEE. However, as administrator for the Program, COUNTY desires to obtain the assurances from GRANTEE, and GRANTEE so assures COUNTY, that GRANTEE will comply with the statutes, rules and regulations of the United States, the state of Florida, and applicable codes and regulations of COUNTY relating to the Project(s) as a condition precedent to the release of such funds to GRANTEE. 1.4 This Agreement is subject to the availability of funds as more specifically described in Article IX hereof. ARTICLE II PROJECT(S) GRANTEE hereby agrees to provide and implement the following eligible Project(s): Provide 1 ,101 hours of marine patrol and OUI coverage in Zone IX during County fiscal year 1996-1997. Such Project(s) and eligible costs are more specifically described and set forth in Exhibit "A" (attached hereto) and, by this reference, made a part hereof. It is specifically understood that travel time to and from a detail and administrative overhead costs, including scheduling time, do not constitute eligible costs. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by COUNTY to GRANTEE under this Agreement shall be Thirty Three Thousand, Thirty and 00/100 Dollars ($33,030.00). The funding rate for patrolling the waterways within Broward County shall be Thirty Dollars ($30.00) per hour. In the event that GRANTEE requires two persons per boat, the amount payable under this Agreement shall not be increased. As a result of funding two persons per boat, the number of patrol hours reimbursed by COUNTY shall be decreased accordingly. 3.2 COUNTY agrees to reimburse GRANTEE for the Project(s) expenses incurred as described in Article I and Exhibit 'A" provided suspension of payment as provided for in Article IX hereof has not occurred, and provided further that GRANTEE o-.. -2- complies with the procedures for invoices and payments as set forth in Article IV herein. ARTICLE IV PROCEDURES FOR INVOICING AND PAYMENT 4.1 GRANTEE shall invoice COUNTY quarterly on the following basis: (a) GRANTEE shall submit to the COUNTY's Contract Administrator a certified copy of the employee's record/time card reflecting the services rendered, the date the services were rendered, and appropriate approvals by the City or agency that employs the officer. r (b) If the request for reimbursement is for an item purchased, GRANTEE shall submit a copy of the receipt for the item purchased. All items shall be purchased pursuant to the purchasing guidelines set forth in Chapter 287, Florida Statutes, or if GRANTEE is not a state agency, the procurement guidelines for the local entity. (c) GRANTEE administrator or his/her authorized representative shall certify that the work or item that is being invoiced has been completed or purchased. (d) In addition, GRANTEE shall provide COUNTY with quarterly progress reports, on forms approved by the Contract Administrator or his/her designee. 4.2 Upon receiving the reports and other materials as described by Section 4.1, the Contract Administrator shall review such reports to determine whether the services and items invoiced have been completed and that the invoiced services and items are proper for payment. 4.3 Upon determination by the Contract Administrator that the services or material invoiced have been received or completed, the Contract Administrator shall authorize the Broward County Finance and Administrative Services Department to make payment to GRANTEE the amount it determines, pursuant to the aforementioned review, to be payable. Payment shall be made payable to GRANTEE and not to employees or contractors of the GRANTEE. 4.4 For purposes of this section, reports and other materials as described in Section 4.1, shall not be honored if received later than sixty (60) days after expiration or termination of this Agreement. -3- - , 4.5 GRANTEE agrees to expend the funds allocated to the Project(s) by September 30, 1997. GRANTEE further understands that in order to be eligible to receive funds in the following fiscal year, GRANTEE must expend at least seventy- five percent (75%) of the funds by September 30, 1997. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. ARTICLE V FINANCIAL RESPONSIBILITY 5.1 GRANTEE hereby gives COUNTY, through any authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 5.2 GRANTEE hereby agrees to maintain books, records, and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 5.3 GRANTEE hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to COUNTY from non-grant funds. Such refunds will additionally include twelve percent (12.0%) interest per annum. 5.4 GRANTEE hereby agrees and understands that all funding under this Agreement shall be used only for eligible activities specifically outlined in this Agreement. 5.5 Within ninety (90) days after GRANTEE's fiscal year end, an annual financial report shall be prepared by the Chief Financial Officer reflecting the receipt and disbursement of funds for which the grant was awarded. The report shall reflect a clarification of expenses to include, but not limited to, the following: salaries, fringe benefits, operating expenses, equipment and capital. Failure to provide the report on a timely basis will result in a suspension of payments. ARTICLE VI INDEMNIFICATION CLAUSE GRANTEE, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages " . -4- A I j sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. ARTICLE VII EVALUATION AND MONITORING GRANTEE agrees that the COUNTY s Contract Administrator will carry out periodic monitoring and evaluation activities as determined necessary by the Parks and Recreation Division (Division). The continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Upon request, GRANTEE agrees to furnish to the Contract Administrator such records and information, including copies and/or transcriptions, as is determined necessary by the Division or COUNTY. GRANTEE shall submit on a quarterly basis, and at other times upon the request of the Contract Administrator, information and status reports required by Division or COUNTY on forms approved by the Contract Administrator. GRANTEE shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of three (3) years after termination of the term of service specified in Section 4.5, or, if any audit has been initiated and audit findings have not been resolved at the end of the three (3)-year period, the records shall be retained until resolution of the audit findings. In connection with any services provided pursuant to this contract, GRANTEE agrees to comply with the requirement of the Florida Public Records Act, Chapter 119, Florida Statutes, to the full extent that such Act is applicable to GRANTEE. ARTICLE VIII TERM OF AGREEMENT This Agreement shall commence on October 1, 1996, and shall terminate on September 30, 1997. ARTICLE IX TERMINATION 9.1 This Agreement is subject to the availability of funds. Should funds no longer be available, this Agreement shall terminate upon no less than twenty-four (24) hours' notice in writing to GRANTEE. Said notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. COUNTY's Contract Administrator shall be the final authority as to the availability of funds. -5- 9.2 If, through any cause, GRANTEE fails to commence work on the Project, as set forth in Article II and Exhibit 'A" within three (3) months from the date of execution of this Agreement, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if GRANTEE shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by COUNTY's Contract Administrator giving written notice to GRANTEE of such termination or suspension of payment and specifying the effective date thereof, at least five (5) days before the effective date of termination or suspension. If payments are withheld, the Contract Administrator shall specify in writing the actions that must be taken by GRANTEE as a condition precedent to resumption of payments and should specify a reasonable date for compliance. 9.3 In the event of termination, all equipment and any other assets secured by GRANTEE with funds under this Agreement shall be returned to COUNTY. 9.4 Notwithstanding the above, GRANTEE shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by GRANTEE, and COUNTY may withhold any payments to GRANTEE, for the purposes of setoff until such time as the exact amount of damages is determined. 9.5 In the best interests of the public and in order to better serve the people in the target areas and fulfill the purposes of the Vessel Registration Fee program, either party may terminate this Agreement upon giving thirty (30) days' notice in writing to the other party of its intent to terminate, stating its reasons for doing so. In the event COUNTY terminates the Agreement, COUNTY shall pay GRANTEE for documented committed eligible costs. 9.6 All requests for amendments to this Agreement must be submitted in writing to the Director of the Parks and Recreation Division no less than ninety (90) days prior to the termination date of the Agreement. 9.7 GRANTEE agrees that all capital assets and equipment, set forth in Exhibit "A," obtained or purchased for the Project with grant funds will be used for enhanced marine law enforcement purposes for three (3) consecutive years. The time commences on the effective date of this Agreement. Upon expiration of the three (3) consecutive years, title to such capital assets and equipment shall vest with GRANTEE. If for any reason, within the three (3)-year period, GRANTEE does not or cannot use such capital assets or equipment for the intended purpose, then GRANTEE, upon cessation of use, shall give notice to COUNTY of its cessation, along with a description of the capital assets and equipment it no longer uses. COUNTY, at its -6- i option, will take possession of the capital assets and equipment, and title shall then l vest with COUNTY. ARTICLE X SUSPENSION OF PAYMENTS The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: (a) Ineligible use of grant funds; (b) Failure to comply with the work program, substantiation and documentation, or terms of this Agreement; (c) Failure to submit reports as required including a favorable review report; and (d) Submittal of incorrect or incomplete reports in any material respect. ARTICLE XI INDEPENDENT CONTRACTOR GRANTEE is an independent contractor under this Agreement. Services provided by GRANTEE shall be performed by employees of GRANTEE and subject to supervision by GRANTEE, and shall not be deemed officers, employees, or agents of Broward County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of GRANTEE, which policies of GRANTEE shall not conflict with COUNTY policies, rules or regulations relating to the use of grant funds. ARTICLE XII ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or 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, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. _7_ i ARTICLE XIII NOTICE$ Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to-wit: FOR COUNTY: Robert Harbin, Director Broward County Parks and Recreation Division 950 N.W. 38th Street Oakland Park, FL 33309 FOR GRANTEE: Michael Smith, City Manager City of Dania 100 West Dania Beach Boulevard Dania, FL 33004 ARTICLE XIV AMENDMENTS ASSIGNMENTS 14.1 COUNTY may, in its discretion, amend this Agreement to conform with changes in COUNTY guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. 14.2 The COUNTY's Contract Administrator or his/her designee shall be authorized to approve line item changes to the budget information and the dates and times of coverage, as long as the zones remain the same, set out in Exhibit "A," provided such changes do not result in an increase in the funding amount shown in Section 3.1 and Exhibit "A" (attached hereto) and the changes are consistent with the intent of the grant. 14.3 Except for the provisions as set forth in Sections 14.1 and 14.2, no modification, amendment or alteration in the terms or conditions contained herein shall be -8- i effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14.4 GRANTEE shall not transfer or assign the performance of services called for in this Agreement without the prior written consent of COUNTY. ARTICLE XV REPORTS PLANS AND OTHER AGREEMENTS All reports, information, documents, and other data procedures developed, prepared, assembled or completed by GRANTEE for the purposes of this Agreement shall become the property of COUNTY without restriction, reservation or limitation of their use and shall be made available by GRANTEE at any time upon request by COUNTY or Division. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the COUNTY's Contract Administrator upon his/her written request. ARTICLE XVI CONFLICT OF INTEREST GRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of GRANTEE or its employees shall be disclosed in writing to the COUNTY's Contract Administrator. ARTICLE XVII INSURANCE GRANTEE is a state agency as defined by Section 768.28, Florida Statutes, and GRANTEE shall furnish COUNTY with written verification of liability protection in accordance with state law prior to final execution of said Agreement. ARTICLE XVIII EXECUTION This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. i ARTICLE XIX j CONSENT TO JURISDICTION GRANTEE hereby irrevocably submits to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to this Agreement, and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall lie in Broward County. ARTICLE XX GOVERNING LAW The parties agree this Agreement shall be construed in accordance with and governed by the laws of the state of Florida. ARTICLE MI SEVERABILITY I If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. ARTICLE XXII LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XXIII CONTRACT ADMINISTRATOR AND GRANTEE'S DESIGNATED REPRESENTATIVE The Contract Administrator for COUNTY for this Agreement is the Parks and Recreation Division Director or his/her designee. GRANTEE's Designated Representative -10- A ir for this Agreement is City Manager Michael Smith and Finance Director Marie Jabalee in City Manager Michael Smith's absence. In administration of this Agreement, as contrasted with matters of policy, all parties may rely upon the instructions and determinations made by the respective Contract Administrator as authorized agent for COUNTY and the Designated Representative. GRANTEE may, from time to time, in its absolute discretion, change its designated representative upon written notice to COUNTY given in accordance with Article XIII hereof. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or day authorized to execute same by Board action on the Y 1g , and ( signing by and through its duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and BY Ex-Officio Clerk of the Chair Board of County Commissioners of Broward County, Florida 19_ day of Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By Kevin B. Kelleher Assistant County Attorney i, L AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR IMPLEMENTATION OF PROGRAMS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT GRANTEE I/1WITNESSES: CITY OF DANIA C.Y 11J�L 1,1. By Mayor day of 19 *ATTEcr- B III M n 2 r qq it Clerk pp a—I day of 191 1 APPROVED S TO FORM: By Af, 14jcity ttornel KBK/opl emlegdan.02 rev. 09/15/97 #97-115.04 -12- EXHIBIT "A" CITY OF DANIA ENHANCED MARINE LAW ENFORCEMENT GRANT 1. Provide 936 hours of marine patrol coverage for Zone IX (Dania Cut-off Canal) for eight hours per day every Saturday and Sunday from October 1, 1996, to September 30, 1997. Additional days included are: November 28 and 29, 1996 (Thanksgiving Day and the following Friday); December 23, 26, 27, and 30, 1996 (Christmas Week); January 1, 1997 (New Year's Day); February 17, 18, 19, 20, and 21, 1997 (Presidents' Day Week); March 31, April 1, 2, 3, and 4, 1997 (Easter Week); May 26, 1997 (Memorial Day); July 4, 1997 (Independence Day); and September 1, 1997 (Labor Day). Days not included are: October 26 and 27, 1996 (Ft. Lauderdale International Boat Show); December 14 and 15, 1996 (Ft. Lauderdale and Pompano Beach Holiday Boat Parades); December 24, 1996 (Christmas Eve); December 31, 1996 (New Year's Eve); and May 3 and 4, 1997 (Shell Air& Sea Show). 2. Provide 165 hours of OUI patrol coverage for Zone IX (Dania Cut-off Canal) with a minimum of eight hours per month beginning February 1, 1997. i Patrol Zone IX $28,080 OUI Patrol $4,950 Total Costs $33,030 Nya.r/