HomeMy WebLinkAboutR-2010-051 BC Interlocal Agreement Saltwater Intrusion RESOLUTION NO. 2010-051
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, FOR THE
DEVELOPMENT OF A SALTWATER INTRUSION MODEL FOR THE
SOUTHERN PORTION OF COASTAL BROWARD COUNTY, FLORIDA, IN
AN AMOUNT NOT TO EXCEED FORTY-ONE THOUSAND SIX HUNDRED
SIXTY SIX DOLLARS AND 67 CENTS ($41,666.67); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Interlocal
Agreement with Broward County, Florida, a political subdivision of the state of Florida, for the
development of a saltwater intrusion model for the southern portion of coastal Broward County,
Florida, in an amount not to exceed Forty-One Thousand Six Hundred Sixty Six Dollars and 67
cents ($41,666.67), a copy of which Agreement is attached.
Section 2. That funding for this agreement relates to the City's raw water supply well
replacement and shall therefore be paid from available appropriations in the Water Fund, Capital
Improvements account#401-3302-533-6310.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on April 14, 2010.
'S FIRST�,� 'C.k �
o� rr MAYOR-COMMISSIONER
ATTEST: roQ
LOUISE STI ,SON, C
CITY CLERK
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APPROVED A TO F AND CORRECTNESS:
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CITY ATTORNEY
2 RESOLUTION 42010-051
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
for
DEVELOPMENT OF A SALTWATER INTRUSION MODEL FOR THE SOUTHERN
PORTION OF COASTAL BROWARD COUNTY, FLORIDA
3 RESOLUTION#2010-051
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
For
DEVELOPMENT OF A SALTWATER INTRUSION MODEL FOR THE SOUTHERN
PORTION OF COASTAL BROWARD COUNTY, FLORIDA
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred
to as "COUNTY",
AND
CITY OF DANIA BEACH, a municipal corporation of the State of Florida, its
successors and assigns, on behalf of its Water Utility, hereinafter referred to as "CITY".
WHEREAS, this Interlocal Agreement is entered into pursuant to §163.01,
Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, COUNTY began a planning process, known as the Broward
Countywide Integrated Water Resource Plan, hereinafter known as "IWRP," in 1997 to
improve coordination between all water managers in its geographical borders; and
WHEREAS, COUNTY is desirous of entering into interlocal agreements to
encourage local water managers to pursue feasibility and preliminary design work for
IWRP related projects which will improve the effective and efficient use of local water
resources; and
WHEREAS, cost share funding for IWRP projects has been recommended to the
Broward County Board of County Commissioners by the Broward County Water
Advisory Board and its Technical Advisory Committee;
WHEREAS, CITY has expressed a desire to share the cost of conducting
feasibility and preliminary design work pursuant to the terms and conditions hereafter
set forth; NOW, THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement - means this document, Articles 1 through 10, inclusive. Other terms
and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board - The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Natural Resources Planning and Management Division or the designee of such
County Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with CITY and to manage and
supervise execution and completion of the Scope of Services and the terms and
conditions of this Interlocal Agreement as set forth herein. In the administration
of this Interlocal Agreement, as contrasted with matters of policy, all parties may
rely on the instructions or determinations made by the Contract Administrator;
provided, however, that such instructions and determinations do not change the
Scope of Services.
1.4 County Administrator — The administrative head of COUNTY pursuant to
Sections 3.02 and 3.03 of the Broward County Charter.
1.5 County Attorney - The chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 of the
Broward County Charter.
1.6 Project - The Project consists of the services described in Article 2.
1.7 USGS — United States Geological Survey
ARTICLE 2
SCOPE OF SERVICES
2.1 CITY shall provide cost sharing for the development of a saltwater intrusion
model for the southern portion of coastal Broward County as identified in this
Interlocal Agreement and Exhibit "A". The parties agree that the Scope of
Services is a description of all work to be performed under this Interlocal
Agreement to include preliminary considerations and prerequisites, and all labor,
materials, equipment, and tasks.
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2.2 It is understood and agreed that COUNTY may enter into a separate agreement
with the USGS to perform the services required under this Interlocal Agreement;
however, CITY shall not be responsible for any additional costs or expenses
associated with said separate agreement with the USGS beyond those agreed to
herein.
ARTICLE 3
COMPENSATION
3.1 CITY agrees to pay COUNTY, in the manner specified in Section 3.2, Method of
Billing and Payment, the total of Forty-One Thousand Six Hundred Sixty-Six
Dollars and Sixty-Seven Cents ($41,666.67), which is 8.33% of the total project
cost of Five Hundred Thousand Dollars ($500,000), for work actually performed
and completed pursuant to this Interlocal Agreement and set forth in Exhibit "A,"
which amount shall be accepted by COUNTY as full compensation for all such
work. It is acknowledged and agreed by COUNTY that this amount is the
maximum payable and constitutes a limitation upon CITY's obligation to
compensate COUNTY for its services related to this Interlocal Agreement. This
maximum amount, however, does not constitute a limitation, of any sort, upon
COUNTY's obligation to perform all items of work required by the Scope of
Services.
3.2 METHOD OF BILLING AND PAYMENT
3.2.1 COUNTY may submit quarterly invoices for services completed under this
agreement. Invoices must be in the form of one original invoice plus one
copy. Invoice shall designate the nature of the services performed and/or
the expenses incurred.
3.2.2 Quarterly invoices will be submitted for the first 8 quarters of the
agreement in the amount of $1,041.67 each, and for the remaining 8
quarters in the amount of $4,166.67.
3.2.3 CITY shall pay COUNTY within thirty (30) calendar days of receipt of
COUNTY's proper invoice, as required by the "Broward County Prompt
Payment Ordinance" (Broward County Ordinance No. 89-49, as may be
amended from time to time). To be deemed proper, all invoices must
comply with the requirements set forth in this Interlocal Agreement and
must be submitted on the form and pursuant to instructions prescribed by
Contract Administrator.
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3.3 Payment shall be made to COUNTY at:
Board of Broward County Commissioners
Jim Steinmuller, Accounting Administrator
Government Center, Room 220
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
ARTICLE 4
TERM AND TIME OF PERFORMANCE OF AGREEMENT
4.1 This Interlocal Agreement shall become effective upon execution by COUNTY
and shall continue in full force and effect until midnight, forty-eight (48) months
following final execution of the Agreement. In addition, the County Administrator
is authorized to execute any amendments extending the term of this Interlocal
Agreement with the appropriate amendment prepared with the same or similar
formality.
4.2 All duties, obligations, and responsibilities of COUNTY and CITY required by this
Interlocal Agreement shall remain in full force and effect through the termination
date or any extended termination date, as set forth above, unless written notice
of termination by the COUNTY or the CITY is provided pursuant to Article 9,
Notices. Time shall be deemed to be of the essence in performing the duties,
obligations and responsibilities required by this Interlocal Agreement.
ARTICLE 5
CHANGE 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 10.9 below.
ARTICLE 6
GOVERNMENTAL IMMUNITY
6.1 Nothing herein is intended to serve as a waiver of sovereign immunity by any
party nor shall anything included herein be construed as consent to be sued by
third parties in any matter arising out of this Interlocal Agreement or any other
contract. CITY and COUNTY are state agencies or political subdivisions as
defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible for
the acts and omissions of their agents or employees to the extent permitted by
law.
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ARTICLE 7
INSURANCE
7.1 COUNTY and the CITY are entities subject to Section 768.28, Florida Statutes,
and both the COUNTY and CITY shall furnish one another with written
verification of liability protection in accordance with state law prior to final
execution of said Agreement.
ARTICLE 8
TERMINATION
8.1 This Interlocal Agreement may be terminated for cause by the aggrieved party if
the party in breach has not corrected the breach within ten (10) days after written
notice from the aggrieved party identifying the breach, or for convenience by
action of the Board upon not less than thirty (30) days' written notice. This
Interlocal Agreement may also be 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 or safety. An erroneous termination for
cause shall be considered a termination for convenience.
8.2 Termination of this Interlocal Agreement for cause by CITY or COUNTY shall
include, but not be limited to, negligent, intentional, or repeated submission for
payment of false or incorrect bills or invoices, failure to suitably perform the work,
failure to continuously perform the work in a manner calculated to meet or
accomplish the objectives as set forth in this Interlocal Agreement, or multiple
breach of this Interlocal Agreement which has a material adverse effect on the
efficient administration of the Project 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 Interlocal Agreement except that notice of termination by Contract
Administrator which Contract Administrator deems necessary to protect the
public health, safety, or welfare may be verbal notice which shall be promptly
confirmed in writing in accordance with the "NOTICES" section of this Interlocal
Agreement.
8.4 In the event this Interlocal Agreement is terminated for convenience, COUNTY
shall be paid for any services properly performed to the date the Agreement is
terminated; however, upon being notified of CITY's election to terminate,
COUNTY shall refrain from performing further services or incurring additional
expenses under the terms of this Interlocal Agreement. COUNTY acknowledges
and agrees that ten dollars ($10.00) of the compensation to be paid by CITY, the
receipt and adequacy of which is hereby acknowledged by COUNTY, is given as
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specific consideration to COUNTY for CITY's right to terminate this Interlocal
Agreement for convenience.
ARTICLE 9
NOTICES
9.1 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:
Director, Natural Resource Planning and Management Division
1 N. University Drive, Suite 201
Plantation, FL 33324
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
TO CITY:
Thomas J. Ansbro, City Attorney
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
ARTICLE 10
MISCELLANEOUS
10.1 OWNERSHIP OF DOCUMENTS
Any and all reports, photographs, surveys, and other data and documents
provided or created in connection with this Interlocal Agreement are and shall
remain the property of COUNTY. In the event of termination of this Interlocal
Agreement, any reports, photographs, surveys, and other data and documents
prepared by COUNTY, whether finished or unfinished, shall be delivered by
COUNTY to the City Contract Administrator within seven (7) days of termination
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of this Interocal Agreement by either party. Any compensation due to COUNTY
shall be withheld until all documents are received as provided herein.
The CITY shall retain ownership of a copy of reports, photographs, surveys, and
other data and documents provided or created in connection with this Interlocal
Agreement as defined under Exhibit A as Deliverables. To the extent permitted
by law, the City and County shall retain joint ownership of any intellectual
property, models, or new technology that result from the execution of this
Interlocal Agreement.
10. 2 INDEPENDENT CONTRACTOR
COUNTY is an independent contractor under this Interlocal Agreement. Services
provided by COUNTY pursuant to this Interlocal Agreement shall be subject to
the supervision of COUNTY. In providing such services, neither COUNTY nor its
agents shall act as officers, employees, or agents of the CITY. No partnership,
joint venture, or other joint relationship is created hereby. CITY does not extend
to COUNTY or COUNTY's agents any authority of any kind to bind CITY in any
respect whatsoever.
10.3 MATERIALITY AND WAIVER OF BREACH
COUNTY and CITY agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Interlocal Agreement
and, therefore, is a material term hereof.
COUNTY's failure to enforce any provision of this Interlocal Agreement shall not
be deemed a waiver of such provision or modification of this Interlocal
Agreement. A waiver of any breach of a provision of this Interlocal 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 Interlocal Agreement.
10.4 COMPLIANCE WITH LAWS
COUNTY shall comply with all federal, state, and local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Interlocal Agreement.
10.5 SEVERANCE
In the event a portion of this Interlocal Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CITY elects to terminate this Interlocal Agreement.
An election to terminate this Interlocal Agreement based upon this provision shall
be made within seven (7) days after the finding by the court becomes final.
10 RESOLtiTION#2010-051
10.6 JOINT PREPARATION
The parties acknowledge that they have sought and received whatever
competent advice and counsel necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this
Interlocal 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.
10.7 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 Interlocal Agreement by reference
and a term, statement, requirement, or provision of Articles 1 through 10 of this
Interlocal Agreement, the term, statement, requirement, or provision contained in
Articles 1 through 10 shall prevail and be given effect.
10.8 JURISDICTION, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. All parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights
hereunder, shall be in the state courts of the Seventeenth Judicial Circuit in
Broward County, Florida, and venue for litigation arising out of this Agreement
shall be in such state courts, forsaking any other jurisdiction which either party
may claim by virtue of its residency or other jurisdictional device. By entering into
this Agreement, CITY and COUNTY hereby expressly waive any rights either
parry may have to a trial by jury of any civil litigation related to this Agreement.
10.9 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by the COUNTY
and CITY or others delegated authority to or otherwise authorized to execute
same on their behalf.
10.10 PRIOR AGREEMENTS
This document represents the final and complete understanding of the parties
and incorporates or supersedes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein. The parties agree that there is no commitment, agreement, or
11 RESOLUTION#2010-051
understanding concerning the subject matter of this Interlocal Agreement that is
not contained in this written document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representation
or agreement, whether oral or written.
10.11 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 a part of this Interlocal Agreement.
10.12 REPRESENTATION OF AUTHORITY
Each individual executing this Interlocal Agreement on behalf of a party hereto
does hereby represent and warrant that he or she is, on the date he or she signs
this Interlocal Agreement, duly authorized by all necessary and appropriate
action to execute this Interlocal Agreement on behalf of such party.
10.13 MULTIPLE ORIGINALS
Multiple copies of this Interlocal Agreement may be executed by all parties, each
of which, bearing original signatures, shall have the force and effect of an original
document.
10.14 RECORDS
This Interlocal Agreement shall be recorded by the County in the public records
of Broward County, in accordance with Section 163.01, F.S. (2008), the Florida
Interlocal Cooperation Act of 1969.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
12 RESOLUTION#2010-051
IN WITNESS WHEREOF, the parties hereto have made and executed this
Interlocal Agreement: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to
execute same by Board action on the day of 20 , and CITY
OF DANIA BEACH, signing by and through its Mayor, who is duly authorized to execute
same by Board action on the day of 20_
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY
COMMISSIONERS
By
County Administrator and Ex-Officio Mayor
Clerk of the Board of
County Commissioners of day of , 20
Broward County, Florida
Approved as to form
Office of County Attorney
Broward County, Florida
Jeffrey J. Newton, County Attorney
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) 357-6968
By By
(Date) Daphne E. Jones (Date)
Assistant County Attorney
13 RESOLUTION#2010-051
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA
BEACH FOR DEVELOPMENT OF A SALTWATER INTRUSION MODEL FOR
SOUTHERN PORTION OF COASTAL BROWARD COUNTY, FLORIDA TO BE
PERFORMED IN PARTNERSHIP WITH U.S. GEOLOGICAL SURVEY.
CITY
WITNESSES: CITY OF DANIA BEACH
By
C. K. McElyea, Mayor
_ day of , 20
[Witness Print Name]
By
Robert Baldwin, City Manager
day of , 20
[Witness Print Name]
(SEAL) ATTEST:
By
Louise Stilson, City Clerk
Approved as to form by:
Thomas J. Ansbro, City Attorney
City of Dania Beach
100 W. Dania Beach Blvd
Dania Beach, Florida 33004
Telephone: (954) 924-6800 x3635
Telecopier: (954) 921-2604
14 RESOLUTION#2010-051