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RESOLUTION NO. 172.99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT WITH BROWARD COUNTY
AND THE CITY OF DANIA BEACH FOR IMPLEMENTATION OF
PROGRAMS PURSUANT TO THE ENHANCED MARINE LAW
ENFORCEMENT GRANT (EMLEG) FOR THE FISCAL YEAR
1999-2000; PROVIDING FOR A TERM OF AGREEMENT FROM
OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000;
PROVIDING FOR GRANT FUNDING IN THE AMOUNT OF
$48,475.00; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA;
Section 1. That that certain Agreement between Broward County and the
City of Dania Beach for implementation of programs pursuant to the Enhanced
Marine Law Enforcement Grant for the fiscal year 1999-2000, which agreement
is attached and made a part of this resolution as Exhibit "A", is approved and the
appropriate city officials are directed to execute same.
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Section 2. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.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 ON THE 24°i DAY OF AUGUST?* / 9.
A R-COMMISSIONER
ATTEST.
ACTING CITY CLERK
APPROVED FOR TT
AND CORRECTNESS:
BY:
CITY ATT RNEY
RESOLUTION NO. 172-99
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
IMPLEMENTATION OF PROGRAMS PURSUANT TO THE
ENHANCED MARINE LAW ENFORCEMENT GRANT EMLEG
(FY 1999/2000)
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
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,"
AND
THE CITY OF DANIA BEACH, its successors and assigns, hereinafter referred to
as "GRANTEE."
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and GRANTEE agree as follows:
ARTICLE 1
PURPOSE
1.1 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 expected 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.
1.2 Pursuant to the Local Option Vessel Registration Fee,Section 1-525, et.seq.,of the
Broward County Code of Ordinances, COUNTY imposed a registration fee on all vessels
required to register with the state of Florida which obtain such registration with Broward
County.
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1.3 In accordance with the above-referenced sections,a portion of the monies collected
by COUNTY from the vessel registration fees are to be expended for the patrol and
regulation of the lakes, rivers and waters within Broward County.
1.4 COUNTY is desirous of disbursing the funds to GRANTEE. However, as
administrators for the Program, COUNTY desires to obtain the assurance 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.
1.5 This Agreement is subject to the availability of funds as more specifically described
in Article 10 hereof.
DEFINITIONS AND IDENTIFICATIONS
1.6 Agreement-means this document,Article 1 through 13,inclusive. Otherterms and
conditions are included in the exhibits and documents that are expressly incorporated by
reference.
1.7 Board -The Broward County Board of County Commissioners.
1.8 Contract Administrator-The Broward County Administrator, the Director of the
Broward County Parks and Recreation Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract Administrator are
to coordinate and communicate with GRANTEE 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 the determinations made by the Contract
Administrator;provided,however,that such instructions and determinations do notchange
the Scope of Services and/or any provisions set forth under Projects.
1.9 County Attorney-The chief counsel for COUNTY who directs and supervises the
Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter.
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ARTICLE 2
PROJECT(S)
2.1 GRANTEE herebyagrees to provide and implement the following eligible Project(s):
a) Provide 952 hours of marine patrol coverage in Zone IX during County fiscal
year 1999-2000.
b) Provide 433 hours of marine patrol coverage in Zone IX during County fiscal
year 1999-2000.
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.
SCOPE OF SERVICES
2.2 GRANTEE shall perform all work identified in this Agreement and Exhibit"A°. The
parties agree that the scope of services is a description of GRANTEE'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 GRANTEE impractical, illogical, or
unconscionable.
2.3 GRANTEE 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 commence on October 1. 1999,and shall terminate
on September 30,2000; provided, however, if the term of this Agreement extends beyond
a single fiscal year of COUNTY,the continuation of this Agreement beyond the end of any
fiscal year shall be subject to the availability of funds from COUNTY in accordance with
Chapter 129, Florida Statutes.
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3.2 All duties,obligations,and responsibilities of GRANTEE required by this Agreement
shall be completed no later than September 30, 2000. Time will be deemed to be of the
essence in performing the duties, obligations, and responsibilities required by this
Agreement.
ARTICLE 4
COMPENSATION
4.1 The maximum amount payable by COUNTY to GRANTEE under this Agreement
shall be Forty-Eight Thousand Four Hundred Seventy-five and 00/100 Dollars
($48,475.00). The funding rate for patrolling the waterways within Broward County shall
be Thirty-five Dollars ($35.00) per hour. In the event that GRANTEE requires two (2)
persons per boat for safety or security reasons, the participating agency must provide
written documentation explaining the need for two (2) officers per boat to the Contract
Administrator before permitting any officers to work. Should COUNTY agree to give to
GRANTEE funding for two (2) officers per boat, the number of patrol hours provided,
reimbursed,or paid by COUNTY shall not exceed four(4)hours perone(1)officer per any
one (1) given day. Accordingly, in the event that GRANTEE requires two(2) officers per
boat,the two patrolling officers shall be limited to a combination of no more than eight(8)
hours per day between the two(2)officers. At no time,regardless of the number of officers
needed per boat,will COUNTY pay more than eight(8)hours of patrolling time per day to
GRANTEE unless by express written agreement approved by Contract Administrator.
4.2 The funding rate for Educational Instruction by Agency Officers shall be Twenty-
three Dollars($23.00) per hour.
4.3 In accepting the amount of$48,475.00, GRANTEE acknowledges and agrees that
this is the maximum payable amount and this payment constitutes a limitation upon
COUNTY's obligation to compensate GRANTEE for its services related to this Agreement.
Additionally,this amount shall be accepted by GRANTEE as full compensation for all work
actually performed and completed pursuant to this Agreement. This maximum amount,
however, does not constitute a limitation, of any sort, upon GRANTEE's obligation to
perform all items of work required by or which can be reasonable inferred from the Scope
of Services and/or Projects provisions. No amount shall be paid to GRANTEE to
reimburse its expenses unless expressly provided in this Agreement and/or within its
attachments.
4.4 COUNTY agrees to reimburse GRANTEE for the Project(s)expenses as described
in Article 2 and Exhibit°A,° provided suspension of payment, as provided for in Article 11
hereof, has not occurred, and provided further that GRANTEE complies with the
procedures for invoices and payments as set forth in Article 5 herein.
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ARTICLE 5
METHOD OF BILLING AND PAYMENT
5.1 GRANTEE shall invoice COUNTY quarterly on the following basis:
5.5.1 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.
5.1.2 If the request for reimbursement is for an item purchased, GRANTEE shaft
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.
5.1.3 GRANTEE administrator or his/her authorized representative shall certify that
the work or item that is being invoiced has been completed or purchased.
5.1.4 In addition, GRANTEE shall provide COUNTY with quarterly progress
reports, on forms approved by the Contract Administrator or his/her designee.
5.2 Upon receiving the reports and other materials as described by Section 5.1, 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. To be deemed proper, all invoices must comply with the requirements set
forth in this Agreement and must be submitted on the form and pursuant to instructions
prescribed by Contract Administrator. Payment maybe withheld for failure of GRANTEE
to comply with a term, condition, or requirement of this Agreement.
5.3 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.
5.4 For purposes of this section, the reports and other materials as described in
Section 5.1 shall not be honored if received later than sixty (60) days after expiration or
termination of this Agreement.
5.5 Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself from loss on
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account of inadequate or defective work which has not been remedied or resolved in a
manner satisfactory to Contract Administrator. The amount withheld shall not be subject
to payment of interest by COUNTY.
5.6 GRANTEE agrees to expend the funds allocated to the Project(s)by September 30,
2000. If GRANTEE fails to expend at least seventy-five percent (75%) of the funds
allocated to the project(s) by September 30, 2000, GRANTEE may not be eligible to
receive funds in the following fiscal year. Eligibility is determined by COUNTY's Contract
Administrator or his/her designee. All funds not expended within the term of this
Agreement shall remain in the custody and control of COUNTY.
5.7 In the event the EMLEG participant misses REGULARLY SCHEDULED HOURS,
as specified in Exhibit"A," it may substitute hours designated as"AGGRESSIVE HOURS"
at times deemed appropriate for either day or evening patrol by the Agency. These hours
will be identified as "makeup hours" on the monthly payment voucher.
Makeup hours are not intended to replace or alter times of concern; rather, they are to be
used when the EMLEG Grant participant has fallen behind regularly specified hours.
As noted in the grant itself, makeup hours will not replace regular patrol hours provided
by the agency, but will be in addition to normal patrol as enhanced hours.
5.8 Payment shall be made to GRANTEE at: ti
Michael Smith City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 6
FINANCIAL RESPONSIBILITY
6.1 GRANTEE hereby gives COUNTY,through any authorized representatives,access
to and the right to examine all records, books, papers, or documents relating to the
Project(s) in accordance with Section 13.2 below.
6.2 GRANTEE hereby agrees to maintain books, records, and documents in
accordance with Article 12 below. GRANTEE also hereby agrees to maintain these
aforementioned records in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by COUNTY under this
Agreement.
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6.3 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%) interest per
annum.
6.4 GRANTEE hereby agrees and understands that all funding under this Agreement
shall be used only for eligible activities specifically outlined in this Agreement.
6.5 Within ninety(90)days after GRANTEE's fiscal yearend,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.
A Patrol and Educational Status Report shall be prepared by the Agency to reflect the
quantitative results of the enhanced enforcement or educational funding. Failure to
provide these report(s) on a timely basis will result in the suspension of payments.
ARTICLE 7
CHANGES IN SCOPE OF SERVICES aIS
7.1 Any change to the Scope of Services must be accomplished by a written
amendment, executed by the parties in accordance with Section 13.16 below.
ARTICLE 8
INDEMNIFICATION
8.1 GRANTEE shall at all times hereafter indemnify, hold harmless and, at County
Aftorney's option, defend or pay for an attorney selected by County Attorney to defend
COUNTY,its officers,agents,servants, and employees against anyand all claims,losses,
liabilities, and expenditures of any kind, including attorney's fees, court costs, and
expenses, caused by negligent act or omission or GRANTEE, its employees, agents,
servants, or officers, or accruing, resulting from, or related to the subject matter of this
Agreement including, without limitation, any and all claims, demands, or causes of action
of any nature whatsoever resulting from injuries or damages sustained by any person or
property. The provision of this section shall survive the expiration or earlier termination
of this Agreement. To the extent considered necessary by Contract Administrator and
County Attorney, any sums due GRANTEE under this Agreement may be retained by
COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have
been settled or otherwise resolved; and any amount withheld shall not be subject to
payment of interest by COUNTY.
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8.2 In the event that GRANTEE is a state agency as defined in Chapter 768.28, Florida
Statutes, GRANTEE agrees to be fully responsible for acts and omissions of its agents or •
employees to the extent permitted by law. Nothing herein is intended to serve as a waiver
of sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or political subdivision of
the State of Florida to be sued by third parties in any matter arising out of this Agreement OP
or any other contract.
ARTICLE 9
INSURANCE
9.1 In order to insure the indemnification obligation contained above, GRANTEE shall,
as a minimum, provide, pay for, and maintain in force at all times during the term of this
Agreement(unless otherwise provided),the insurance coverages set forth in Sections 9.3,
9.4, and 9.5, in accordance with the terms and conditions required by this Article. Each
insurance policy shall clearly identify the foregoing indemnification as insured.
9.2 Such policy or policies shall be without any deductible amount and shall be issued
by approved companies authorized to do business in the state of Florida, and having
agents upon whom service of process may be made in Broward County, Florida.
GRANTEE shall specifically protect COUNTY and the Broward County Board of County
Commissioners by naming COUNTY and the Broward County Board of County
Commissioners as additional insured under the Comprehensive General Liability Policy
only.
9.3. Comprehensive General Liability Insurance: (As GRANTEE is an agency, this
Section is Not Applicable to this Agreement) A Comprehensive General Liability
Insurance Policy shall be provided which shall contain minimum limits of
Dollars ($ ) per occurrence combined single limit for bodily injury liability and
property damage liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
Premises and/or operations.
Independent Contractors.
Products and/or Completed Operations for contracts.
Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement.
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Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability
and Property Damage Liability.
9.4 (As GRANTEE is an agency,this Section is Not Applicable to this Agreement)
If an automobile vehicle is used for EMLEG business, Business Automobile Liability is
required: Business Automobile Liability with minimum limits of
Dollars ($ ) per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
Owned Vehicles.
Hired and Non-Owned Vehicles.
Employers' Non-Ownership.
9.5 (As GRANTEE is an agency,this Section is Not Applicable to this Agreement)
Workers' Compensation Insurance: Workers' Compensation insurance to apply for all
employees in compliance with the "Workers' Compensation Law' of the State of Florida
and all applicable federal laws. In addition, the policy(ies) must include:
Employers' Liability with a limit of Dollars ($ )
for each accident.
If any operations are to be undertaken on or about navigable waters,coverage must
be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act.
9.6 (As GRANTEE is an agency,this Section is Not Applicable to this Agreement)
GRANTEE shall furnish to the Contract Administrator Certificates of Insurance or
endorsements evidencing the insurance coverages specified by this Article prior to
beginning performance of work under this Agreement.
9.7 (As GRANTEE is an agency,this Section is Not Applicable to this Agreement)
Coverage is not to cease and is to remain in force (subject to cancellation notice)until all
performance required of GRANTEE is completed. All policies must be endorsed to provide
COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of
the insurance coverages will expire prior to the completion of the work, copies of renewal
policies shall be furnished at least thirty(30)days prior to the date of their expiration.
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9.8. In the event that GRANTEE is a state agency as defined by Section 768.28, Florida
Statutes, GRANTEE shall furnish Contract Administrator with written verification of liability
protection in accordance with state law prior to final execution of said agreement.
ARTICLE 10
TERMINATION
10.1 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.
10.2 This Agreement may be terminated for cause by action of the Board or by
GRANTEE if the party in breach has not corrected the breach within Thirty(30) days after
written notice from the aggrieved party identifying the breach, orfor convenience by action
of the Board upon not less than Sixty(60) days'written notice by Contract Administrator.
This Agreement may also be terminated by Contract Administrator upon such notice as
Contract Administrator determines that termination is necessary to protect the public
health, safety, or welfare.
10.3 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 asset forth in this Agreement,
or multiple breach of the provisions of this Agreement notwithstanding whether any such
breach was previously waived or cured.
10.4 If,through any cause, GRANTEE fails to commence work on the Project,asset forth
in Article 2 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 and
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.
10.5 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
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may be verbal notice which shall be promptly confirmed in writing in accordance with the
"NOTICES" section of this Agreement.
10.6 In the event this Agreement is terminated for convenience, GRANTEE shall be paid
for any services performed to the date the Agreement is terminated; however, upon being
notified of COUNTY's election to terminate, GRANTEE shall refrain from performing further
services or incurring additional expenses under the terms of this Agreement. GRANTEE
acknowledges and agrees that Ten Dollars($10.00)of the funding to be paid by COUNTY,
the adequacy of which is hereby acknowledged by GRANTEE, is given as specific right
convenience.
consideration to GRANTEE for COUNTY's to terminate this Agreement for
10.7 In the event of termination, all equipment and any other assets secured by
GRANTEE with funds under this Agreement shall be returned to COUNTY.
10.8 In the event of termination, any funds payable by COUNTY shall be withheld until
all documents are provided to COUNTY pursuant to Section 13.1 of this Agreement.
10.9 Notwithstanding the above, GRANTEE shall not be relieved of liability to COUNTY
for dNTEE,and COUNTY May amages sustained by COUNTY by virtue of any breach of this Agreement by
until such time as the exact am ut t of da agesms determined.hhold any Payent to TEE, for purposes of setoff
10.10 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.
10.11 GRANTEE agrees that all capital assets and equipment, set forth in
obtained or purchased for the Project with grant funds will be used for enhanced marine
law enforcement and marine-related educational instructionpurposes Exhibit °(3)
consecutive years. The time commences on the effective date o th Agreement.three (3)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 u use, shall give notice to COUNTY of its ces ationo ses along h, theRa description of theNTEE uponacapitaof
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assets and equipment it no longer uses. COUNTY, at its option, will take possession of
the capital assets and equipment, and title shall then vest with COUNTY.
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ARTICLE 11
SUSPENSION OF PAYMENTS
11.1 The parties hereby agree that the following events are sufficient cause for
suspension of payments. Such events include but are not limited to:
11.1.1 Ineligible use of grant funds;
11.1.2 Failure to comply with the work program, substantiation and
documentation, or terms of this Agreement;
11.1.3 Failure to submit reports as required including a favorable review
report; and
11.1.4 Submittal of misleading, incorrect, orfalsified information oromission
of correct and complete information which may affect the reports in
any material respect.
ARTICLE 12
FINANCIAL STATEMENTS
12.1 Within ninety (90) days after GRANTEE's fiscal year end, the GRANTEE shall
provide to the COUNTY two (2) copies of a schedule of revenues and expenditures and
special report on specific accounts to account for services and/or projects during the
GRANTEE's fiscal years for which funds were provided. The report shall be prepared by
an independent certified public accountant or the governmental entity's internal auditor in
a form acceptable to the Broward County Commission Auditor. The report should include
the following:
a. The receipt and disbursement of funds for which the grant was awarded.
b. All revenues relating to the services and/or project classified by source of
revenues.
C. All expenditures relating to the services and/or project classified by the type
of expenditures, to include but is not limited to salaries, fringe benefits,
operating expenses, equipment and capital, which reflect the classifications
as set forth in Exhibit "A" of this Agreement.
12.2 If the report is prepared by an independent certified public accountant, it shall be
in accordance with Section 623 of the Codification of Statements on Auditing Standards
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as promulgated by the American Institute of Certified Public Accountants. If the report is
Prepared by a governmental entity's internal auditor, it shall be as nearly in accordance
with those sections as the status of the internal auditor permits, realizing that the internal
auditor may not issue the opinions required therein. A transmittal letter signed by the
governmental entity's internal auditor must accompany the report. The report shall
include:
a. The statement, "no funds, including interest earned on such funds, are due
back to the County;" or, a listing of funds, including interest earned on such
funds, which are due back to the COUNTY.
b. An opinion (finding, in the case of an internal auditor) as to whether the
funds received under the applicable grant agreement with the COUNTY
have been expended in accordance with this Agreement.
12.3 The special report shall include all requirements of Section 12.2 above for the entire
scope of the services or project covered by the Agreement, even if a part of the services
or project was performed during the previous fiscal year (s) or continues past the end of
the GRANTEE's current fiscal year.
12.4 In addition to
ns 12.1
Educational Status Reportoto reflect the quatitatve and quEE laltatveeesultsrof the
enhanced enforcement or educational funding.
12.5 Any corrections to the special report requested by the COUNTY shall be made and
submitted to the COUNTY within sixty(60)days after written request is received.
12.6 Failure of the GRANTEE to meet the financial reporting requirements and
educational status reporting requirements shall result in suspension of payment underthis
or any subsequent grant agreement in effect and disqualify the GRANTEE from obtaining
future grant awards until such financial statements and educational status reports are
received by Contract Administrator and found acceptable by the Broward County
Commission Auditor.
12.7 GRANTEE acknowledges submission of financial statements to any other Broward
County office, agency, or division does not constitute compliance with requirements to
submit that material to Contract Administrator for this Agreement.
12.8 GRANTEE agrees to reimburse COUNTY any and all funds not used in strict
compliance with this Agreement.
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12.9 In the event that the GRANTEE is a non-profit organization, GRANTEE shall
Provide the Contract Administrator, and all management letters, arising from audited
financial statements within ninety(90) days of the date of said management letter.
12.10 GRANTEE shall provide to Contract Administrator the schedule of correction
developed in response to said management letter(s) within thirty (30) days of its
development.
12.11 GRANTEE shall provide to Contract Administrator any compliance audits required
by law within ninety(90)days after the close of each of GRANTEE's fiscal years in which
GRANTEE accounts for funds under this Agreement.
ARTICLE
MISCELLANEOUS—
13.1 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. In the event of termination of this Agreement, any reports,photographs, ~
surveys, and other data and documents prepared by GRANTEE, whether finished
or unfinished, shall become the property of COUNTY and shall be delivered by
GRANTEE to the Contract Administrator within seven(7)days of termination of this
Agreement by either party. Any compensation due to GRANTEE shall be withheld
until all documents are received as provided herein.
13.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of
GRANTEE that are related to this Project. GRANTEE shall keep such books,
records, and accounts as may be necessary in order to record complete and correct
entries related to the Project.
GRANTEE shall preserve and make available,at reasonable times for examination
and audit by COUNTY, all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for the required
retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if
applicable, or, if the Florida Public Records Act is not applicable, for a minimum
period of three(3)years after termination of this Agreement. If any audit has been
initiated and audit findings have not been resolved at the end of the retention period
or three (3)years, whichever is longer, the books, records, and accounts shall be
retained until resolution of the audit findings. If the Florida Public Records Act is
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determined by COUNTY to be applicable to GRANTEE's records, GRANTEE shall
comply with all requirements thereof; however, no confidentiality or non-disclosure
requirement of either federal or state law shall be violated by GRANTEE. Any
incomplete or incorrect entry in such books, records, and accounts shall be a basis
for COUNTY's disallowance and recovery of any payment upon such entry.
13.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND
AMERICANS WITH DISABILITIES ACT
GRANTEE shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. GRANTEE shall affirmatively comply with all applicable provisions of
the Americans with Disabilities Act (ADA) in the course of providing any services
funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards. In addition, GRANTEE 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.
GRANTEE's decisions regarding the delivery of services under this Agreement
shall be made without regard to or consideration of race, age, religion, color,
gender, sexual orientation (Broward County Code, Chapter 16%), national origin,
marital status, physical or mental disability, political affiliation, or any other factor
which cannot be lawfully used as a basis for service delivery.
GRANTEE shall not engage in or commit any discriminatory practice in violation of
the Broward County Human Rights Act (Broward County Code, Chapter 16'/) in
performing any services pursuant to this Agreement.
13.4 INDEPENDENT CONTRACTOR
GRANTEE is an independent contractor under this Agreement. Services provided
by GRANTEE pursuant to this Agreement shall be subject to the supervision of
GRANTEE. In providing such services, neither GRANTEE nor its agents shall act
as officers, employees, or agents of the COUNTY. This Agreement shall not
constitute or make the parties a partnership or joint venture.
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13.5 THIRD PARTY BENEFICIARIES
Neither GRANTEE nor COUNTY intends to directly or substantially benefit a third
party by this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any third
person or entity under this Agreement.
13.6 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:
Robert Harbin, Director
Parks and Recreation Division
950 N.W. 38 Street
Oakland Park, Florida 33309
FOR GRANTEE:
Michael Smith, City Manager
City of Dania
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
13.7 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, GRANTEE shall not subcontract any
portion of the work required by this Agreement except as authorized by Exhibit"A."
GRANTEE 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 COUNTYs satisfaction for the agreed compensation.
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GRANTEE shall perform its duties, obligations, and services under this Agreement
in a skillful and respectable manner. The quality of GRANTEE's performance and
all interim and final product(s) provided to or on behalf of COUNTY shall be
comparable to the best local and national standards.
13.6 CONFLICTS
Neither GRANTEE nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with GRANTEE's loyal and conscientious exercise of
judgment related to its performance under this Agreement.
GRANTEE agrees that none of its officers or employees shall, during the term of
this Agreement, serve as an expert witness against COUNTY in any legal or
administrative proceeding in which he or she is not a party, unless compelled by
court process. Further, GRANTEE agrees that such persons shall not give sworn
testimony or issue a report or writing, as an expression of his or her expert opinion,
which is adverse or prejudicial to the interests of COUNTY in connection with any
such pending or threatened legal or administrative proceeding. The limitations of
this section shall not preclude GRANTEE or any other persons from representing
themselves in any action or in any administrative or legal proceeding.
In the event GRANTEE is permitted to utilize subcontractors to perform any
services required by this Agreement, GRANTEE agrees to prohibit such
subcontractors, by written contract,from having any conflicts within the meaning of
this section.
13.9 CONTINGENCY FEE
GRANTEE warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for GRANTEE, to
solicit
o ,r secure
this Agreement, and that it has not paid or agreed to pay any person,
corporation, individual or firm, other than a bona fide employee working solely for
GRANTEE,any fee,commission,percentage,gift,orother consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or
violation of this provision,COUNTY 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.
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13.10 MATERIALITY AND WAIVER OF BREACH
COUNTY and GRANTEE 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.
COUNTY's failure 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.
13.11 COMPLIANCE WITH LAWS
GRANTEE shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
13.12 SEVERANCE
In the event a portion of this Agreement is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless
COUNTY or GRANTEE elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven(7)
days after the finding by the court becomes final.
13.13 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever competent
advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Agreement has been their joint effort. The language agreed to expresses their
mutual intent and the resulting document shall not, solely as a matter of judicial
construction,be construed more severely against one of the parties than the other.
13.14 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 12 of this Agreement shall
prevail and be given effect.
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13.15 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.
13.16 AMENDMENTS
13.16.1 Upon mutual agreement, 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 4.1 and Exhibit "A" (attached hereto) and the changes are
consistent with the intent of the grant. The provisions provided under Article 13.16
including any and all subsections contained herein will apply to all marine-related
educational funding as listed in Exhibit"A."
13.16.2 Except for the provisions as set forth in Section 13.16.1, 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 COUNTY and GRANTEE.
13.17 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 set
forth in writing in accordance with Article 13.16 above.
13.18 INCORPORATION BY REFERENCE
The truth and accuracy of each"Whereas"clause set forth above is acknowledged
by the parties. The attached Exhibit"A"is incorporated into and made apart of this
Agreement.
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13.19 MULTIPLE ORIGINALS
This Agreement may be fully executed in six(6)copies by all parties, each of which,
bearing original signatures, shall have the force and effect of an original document.
13.20 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 for this Agreement is Kevin S. Dick, Assistant to the City Manager
and Finance Director, Marie Jabalese in Mr. Kevin S. Dick'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 absolute discretion, change its designated
representative upon written notice to COUNTY given in accordance with Article
13.6 hereof.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS,
signing by and through its Chair or Vice Chair, authorized to execute same by Board action
on the day of , 19 and GRANTEE, signing by and
through its Mayor, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through its Board
of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County Chair
Board of County Commissioners
day of , 19—
Approved as to form by
EDWARD A. DION, COUNTY ATTORNEY
Office of the County Attorney
for Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954)357-7600
Risk Management Division Telecopier: (954) 357-7641
By By
Danielle W. French
Assistant County Attorney
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AGREEMENT BETWEEN BROWARD COUNTYAND CITY OF DANIA FOR IMPLEMENTATION OF
PROGRAMS PURSUANT TO THE ENHANCED MARINE LAW ENFORCEMENT GRANT
GRANTEE
City of D ' Bea h
WITNESSES:
By.
B ino, Mayor
By:
Mi I S , City Manager
ay of—JL��Z
Attest:
Sheryl Ch man, Actin City Clerk
Approved As To Form And Correctness:
(SEAL)
By
CityttorThoms , Aney
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EXHIBIT "A"
CITY OF DANIA BEACH
ENHANCED MARINE LAW ENFORCEMENT GRANT
a) Provide 936 hours of patrol coverage for Zone IX, (Dania cut-off Canal)for eight hours per
day on every Saturday and Sunday. Included are: November 25,26(Thanksgiving Day and
Day after); December 24 (Christmas Day); December 27, 28, 29, 30, and 31 (Christmas
Week); February 21, 22, 23, 24, and 25 (Presidents' Day Week Observed); April 17, 18, 19,
20, and 21(Easter Week); May 29 and 30 (Memorial Day Observed); July 3 and 4
(Independence Day Observed); and September 4 (Labor Day). Excluded are:
October/November(Ft.Lauderdale International Boat Show); December(Ft. Lauderdale and
Pompano Beach Holiday Boat Parades); and May (Air and Sea Show).
b) Provide 455 hours of Aggressive Patrol coverage for Zone IX (Dania Cut-off Canal) as
needed.
Daytime Patrol Hours in Zones IX (952 hours) $33,320
Aggressive Patrol Hours in Zone IX (433 hours) $15,155
Total Costs $48,475
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