HomeMy WebLinkAboutR-2012-104 - Executed the Broward Boating Improvement Program Agreement with Broward County for $1,367,000.00 for Construction of DB Marina Improvements - Phase II RESOLUTION NO. 2012-104
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE BROWARD BOATING IMPROVEMENT PROGRAM
(`BBIP") AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
FLORIDA AND BROWARD COUNTY IN THE AMOUNT OF $1,367,000.00
RELATED TO FUNDING FOR CONSTRUCTION OF DANIA BEACH
MARINA IMPROVEMENTS - PHASE II; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County has offered to award the City of Dania Beach grant
funding in the amount of$1,367,000.00 to assist in the construction of the Dania Beach Marina
Phase II Project work;
NOW,THEREFORE, 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 a Broward Boating
Improvement Program ("BBIP") Agreement between the City of Dania Beach, Florida and
Broward County in the amount of$1,367,000.00; the Agreement is incorporated into and made a
part of this Resolution by this reference and is attached as Exhibit"A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interests of
the City.
Section 3. That the City Commission acknowledges the provision in this grant award
requiring appropriation by the City of matching funds in the amount of $1,367,000.00, which
funds are available through a combination of other, separate grant awards for this project,
including:
• a pending application to the Florida Inland Navigation District ("FIND") in the amount
of$2,500,000.00 for this project, or
• the City's appropriation and transfer to the Capital Improvement Project Fund of General
Fund resources totaling $2,500,000.00 approved on March 27, 2012, in Resolution No.
2012-042, or both.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on August 14, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
�atw's Fii�r
APPROVED AS TO F RM D CORRECTNESS:
THOM J. A BR '
CITY ATTO EY ago
2 RESOLUTION#2012-104
BI .,., 3VVARD
NTY
PARKS AND RECREATION DIVISION•Administrative Offices
950 N.W.3eSt.-Oakland Park,FL 33309-5982-954-357-8100-TTY 954-537-2844•FAX 954-357-5991
Winner of the National Gold Medal Awerd/or Excagence in Park and Recreation Management
Accredited by the Commission for Accreditation of Parks and Recreation Agencies(CAPRA)
July 16,2012
Colin Donnelly,Assistant City Manager
City of Dania Beach
100 W.Dania Beach Boulevard
Dania Beach,Fl. 33004
Re: Fiscal Year 2012/2013 Broward Boating Improvement Program,
Dania Beach Marina Rehabilitation and Expansion,Phase U Grant Project
Dear Mr. Donnelly:
Attached are three original Broward Boating Improvement Program (BBIP) Grant Agreements for the
above referenced project. All three originals should be signed expeditiously by the Broward Sheriff's
Office Attorney,the Broward County Sheriff and witnessed. After execution by the Sheriff,please return
all three agreements as well as the reauired insurance verifications referenced in "Article 7" of the
agreement to:
John R.Fiore,Associate Planner
Broward County Parks&Recreation Division
950 NW 38th Street
Oakland Park,Fl. 33309
In order for the Agreements to be executed shortly after the final County Commission Budget Hearing on
September 25, 2012,the Agreements should be returned by September 10, 2012. Upon final execution,
I
one original of the fully executed Agreement will be returned to you for your files. If you have any
questions,please call me at 954-357-8133.
Sincerely,
ohn R.Fiore
Associate Planner
C. Chair,Members,Broward County Marine Advisory Committee
Dan West,Director,Parks and Recreation Division
Carol Morgenstern,Manager, Planning&Development,Parks and Recreation Division
Attachment
Broward County Board Of County Commissioners
Sue Gunzburger•Dale V.C.Holness-Kristin Jacobs•Chip LaMarca-Ntme Lieberman-Stacy Ritter•John E.Rodstrom,Jr.•Barbara Sharief-Las Wexler
www.b rovward.wWparks
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF DANIA BEACH
for
BROWARD BOATING IMPROVEMENT PROGRAM
GOVERNMENTAL ENTITY
FY 2012/2013
INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS 1
2 SCOPE OF SERVICES 2
3 TERM AND TIME OF PERFORMANCE 2
4 COMPENSATION 3
5 CHANGES IN SCOPE OF SERVICE 4
6 INDEMNIFICATION 5
7 INSURANCES 5
. 8 TERMINATION 5
9 FINANCIAL STA
TEMENTS 6
10 MISCELLANEOUS 7
EXECUTION PAGES 14, 15
EXHIBIT A 16, 17
EXHIBIT B 18, 19
EXHIBIT C 20
i
AGREEMENT
Between
BROWARD COUNTY
and the
CITY OF DANIA BEACH
for
BROWARD BOATING IMPROVEMENT PROGRAM
Grant
This Agreement, made and entered into by and between BROWARD COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
and
The CITY OF DANIA BEACH, a municipal corporation existing within the state of
Florida, hereinafter referred to as"CONTRACTOR."
WHEREAS, the Broward County Marine Advisory Committee recommends
funding to assist the CONTRACTOR with approved expenses as defined in Section
328.72, Florida Statutes, and Section 328.76, Florida Statutes, as may be amended from
time to time; and
WHEREAS, the Board of County Commissioners has determined that these
expenditures serve a COUNTY and public purpose; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement-Agreement shall mean this document and other terms and conditions
which are included in the exhibits and documents that are expressly incorporated
by reference.
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1.2 Board -The Broward County Board of County Commissioners.
1.3 Contract Administrator - The Broward County Administrator, the Director of the
Broward County Parks & Recreation Division, or the designee of such County
Administrator or Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with CONTRACTOR and to
manage and supervise execution and completion of the Scope of Services and the
terms and conditions of this Agreement as set forth herein. In the administration
of this Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator; provided,
however, that such instructions and determinations do not change the Scope of
Services of this Agreement.
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 County Attorney pursuant to Section 2.10 of the Broward
County Charter.
1.6 Proiect- The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
CONTRACTOR shall perform all services identified in this Agreement, its grant
application, as amended, and Exhibit "A." The parties agree that the Scope of
Services is a description of CONTRACTOR'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 CONTRACTOR
impractical, illogical, or unconscionable.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end four(4) years after Agreement is fully executed.
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3.2 All duties, obligations, and responsibilities of CONTRACTOR required by this
Agreement shall be completed no later than four(4) years upon final execution of
this Agreement. Time shall be deemed to be of the essence in performing the
duties, obligations and responsibilities required by this Agreement.
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3,
the total amount not to exceed One Million, Three Hundred and Sixty-Seven
Thousand Dollars ($1,367,000.00) for work actually performed and completed
pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR
that this amount is the maximum payable and constitutes a limitation upon
COUNTY's obligation to compensate CONTRACTOR for services and expenses
related to this Agreement. This maximum amount, however, does not constitute a
limitation, of any sort, upon CONTRACTOR's obligation to perform all items of
work required by or which can be reasonably inferred from the Scope of Services.
CONTRACTOR agrees to provide matching funds in the amount of One Million,
Three Hundred and Sixty-Seven Thousand Dollars ($1,367,000.00), as specked
in Exhibit A.
4.2 Contract Administrator is responsible for ensuring performance of the terms and
conditions of this Agreement and shall approve all requests prior to payment.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice for compensation after the project
for which the invoices are submitted has been completed. The final invoice
must be received no later than ninety (90) days after this Agreement
expires. Invoices shall designate the nature of the services performed
and/or the expenses incurred.
4.3.2 Documentation as required in Exhibit "A" must accompany any request for
reimbursement. Invoices shall be certified by the CONTRACTOR's
executive director or an authorized officer.
4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of
receipt of CONTRACTOR's proper invoice, as required by the "Broward
County Prompt Payment Ordinance" (Broward County Ordinance No.
8949, as may be amended from time to time). 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
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COUNTY. Payment may be withheld for failure of CONTRACTOR to
comply with a term, condition, or requirement of this Agreement.
4.4 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 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.
4.5 If it becomes necessary for the COUNTY to demand a refund of any or all funds
tendered pursuant to this Agreement, the CONTRACTOR agrees to return said
funds to the COUNTY within sixty (60) days after notification by the COUNTY. If
not returned within sixty (60) days, the CONTRACTOR understands and agrees
that any further CONTRACTOR requests for funding, as to this or any other
program under the COUNTY's administration, shall be denied until the funds have
been returned.
4.6 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.7 Payment shall be made to CONTRACTOR at:
Mark Bates, Finance Director
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FI. 33004
(954) 924-6800
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Upon written request by the CONTRACTOR, the Contract Administrator may
approve changes in the categories of expenditures listed in Exhibit"A."
5.2 The Contract Administrator, based on input from the Marine Advisory Committee,
may approve changes to the Scope of Services, project description, and unit of
services provided that the total grant awarded remains unchanged, the revisions
are consistent with the grant application and the grant guidelines, and the revisions
do not diminish the quantity or quality of service to be provided. Any substantial
changes in the Scope of Services shall be contained In a written statement
executed by the County Administrator and the CONTRACTOR.
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ARTICLE 6
INDEMNIFICATION
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 Agreement or any other contract.
SECOND PARTY is a state agency or political subdivision as defined in Chapter
768.28, Florida Statutes, and agrees to be fully responsible for the acts and
omissions of its agents or employees to the extent permitted by law.
ARTICLE 7
INSURANCE
CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes,
as may be amended from time to time, and CONTRACTOR shall fumish Contract
Administrator with written verification of liability protection, in accordance with state
law prior to final execution of said Agreement.
ARTICLE 8
TERMINATION
8.1 This Agreement may be terminated for cause by 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. This Agreement may also be
terminated for convenience by the Board. Termination for convenience by the
Board shall be effective on the termination date stated in written notice provided by
COUNTY, which termination date shall be not less than thirty (30) days after the
date of such written notice. This Agreement may also be terminated by the
County Administrator upon such notice as the County Administrator deems
appropriate under the circumstances in the event the County Administrator
determines that termination is necessary to protect the public health or safety.
The parties agree that if COUNTY erroneously, improperly or unjustifiably
terminates for cause, such termination shall be deemed a termination for
convenience, which shall be effective thirty (30) days after such notice of
termination for cause is provided.
8.2 Notice of termination shall be provided in accordance with the"NOTICES" section
of this Agreement except that notice of termination by the County Administrator,
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which the County Administrator deems necessary to protect the public health,
safety, or welfare may be verbal notice that shall be promptly confirmed in writing
in accordance with the "NOTICES" section of this Agreement.
8.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall
be paid for any services properly performed under the Agreement through the
termination date specked in the written notice of termination. CONTRACTOR
agrees that CONTRACTOR shall not perform any additional work after notification
of the COUNTY terminating this Agreement for convenience. CONTRACTOR
acknowledges and agrees that it has received good, valuable and sufficient
consideration from COUNTY, the receipt and adequacy of which are, hereby
acknowledged by CONTRACTOR, for COUNTY's right to terminate this
Agreement for convenience.
8.4 The COUNTY shall have the right to terminate this Project Agreement and demand
refund of Program funds for noncompliance with the terms and conditions of the
Program. Failure to comply with these terms and conditions shall result in the
COUNTY declaring the CONTRACTOR ineligible for further participation in the
Program until such time as the CONTRACTOR complies therewith.
8.5 In the event this Agreement is terminated, any compensation payable by COUNTY
shall be withheld until all documents are provided to COUNTY pursuant to
Section 10.1 of Article 10.
ARTICLE 9
FINANCIAL STATEMENTS
9.1 GRANTEE hereby agrees to maintain books and records in accordance with
Generally Accepted Accounting Principles and properly reflect all expenditures of funds
provided by COUNTY under this Agreement.
9.2 GRANTEE agrees and understands that all funding authorized under this
Agreement shall be used only for eligible activities specifically outlined in this
Agreement. GRANTEE agrees to reimburse COUNTY any and all funds not used in
strict compliance with this Agreement.
9.3 Within thirty (30) days of receipt by GRANTEE of Single Audit Report, GRANTEE
shall provide to COUNTY on an annual basis the Single Audit Report prepared by an
independent certified public accountant showing that there are sufficient and acceptable
internal controls over the administration of the GRANTEE's grants. The Single Audit
Report will encompass the controls over grants in general without reference to any
specific grant award.
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9.4 Failure of GRANTEE to meet these financial reporting requirements shall result in
suspension of payment under this Agreement or any subsequent grant agreement in
effect, and disqualify GRANTEE from obtaining future grant awards until such financial
statements are received and accepted by COUNTY.
9.5 GRANTEE is required to, and hereby agrees to, account for any program income
related to Project financed in whole or part with Grant Program Funds.
9.6 CONTRACTOR 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.
ARTICLE 10
MISCELLANEOUS
10.1 RIGHTS IN DOCUMENTS AND WORK
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; and, if a copyright is claimed, CONTRACTOR grants to
COUNTY a non-exclusive license to use the copyrighted items) indefinitely, to
prepare derivative works, and to make and distribute copies to the public. In the
event of termination of this Agreement, any reports, photographs, surveys, and
other data and documents prepared by CONTRACTOR, whether finished or
unfinished, shall become the property of COUNTY and shall be delivered by
CONTRACTOR to the Contract Administrator within seven (7) days of termination
of this Agreement by either party. Any compensation due to CONTRACTOR shall
be withheld until all documents are received as provided herein.
10.2 AUDIT RIGHT AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of
CONTRACTOR and its subcontractors that are related to this Project.
CONTRACTOR and its subcontractors shall keep such books, records, and
accounts as may be necessary in order to record complete and correct entries
related to the Project. All books, records, and accounts of CONTRACTOR and its
subcontractors shall be kept in written form, or in a form capable of conversion into
written form within a reasonable time, and upon request to do so, CONTRACTOR
or its subcontractor, as applicable, shall make same available at no cost to
COUNTY in written form.
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CONTRACTOR and its subcontractors 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, Florida Statutes, as may be amended from time to time, if applicable,
or, if the Florida Public Records Act is not applicable,for a minimum period of three
(3) years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the retention period or three (3)
years, whichever is longer, the books, records, and accounts shall be retained until
resolution of the audit findings. If the Florida Public Records Act is determined by
COUNTY to be applicable to CONTRACTOR's and its subcontractors' records,
CONTRACTOR and its subcontractors shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either federal or state
law shall be violated by CONTRACTOR or its subcontractors. 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.
CONTRACTOR shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 10.2.
10.3 EEO COMPLIANCE
CONTRACTOR shall not unlawfully discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, political affiliation, familial status,
disability, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement, the solicitation for or purchase of goods or
services relating to this Agreement, or in subcontracting work in the performance
of this Agreement and shall not otherwise unlawfully discriminate in violation of the
Broward County Code, Chapter 16%, as may be amended from time to time.
CONTRACTOR shall include the foregoing or similar language in its contracts with
any subcontractors or sub-consultants, except that any project assisted by the
U.S. Department of Transportation funds shall comply with the non-discrimination
requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with
the foregoing requirements is a material breach of this Agreement, which may
result in the termination of this Agreement or such other remedy as COUNTY
deems appropriate.
CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall take
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affirmative steps to ensure nondiscrimination in employment against disabled
persons.
By execution of this Agreement, CONTRACTOR represents that it has not been
pla
ced ced on the discriminatory vendor list (as provided in Section 287.134, Florida
Statutes, as may be amended from time to time). COUNTY hereby materially
relies on such representation in entering into this Agreement. An untrue
representation of the foregoing shall entitle COUNTY to terminate this Agreement
and recover from CONTRACTOR all monies paid by COUNTY pursuant to this
Agreement, and may result in debarment from COUNTY's competitive
procurement activities.
10.4 INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor under this Agreement. Services
provided by CONTRACTOR pursuant to this Agreement shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of
COUNTY. No partnership, joint venture, or other joint relationship is created
hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's
agents any authority of any kind to bind COUNTY in any respect whatsoever.
10.5 PREVAILING WAGE REQUIREMENT
If construction work in excess of Two Hundred Fifty Thousand Dollars
($250,000.00) is required of, or undertaken by, CONTRACTOR as a result of this
Agreement, Broward County Ordinance No. 83-72, as may be amended from time
to time, shall be deemed to apply to such construction work; and further
CONTRACTOR shall fully comply with the requirements of such ordinance and
shall satisfy, comply with, and complete the requirements set forth in Exhibits B
and C.
10.6 THIRD PARTY BENEFICIARIES
Neither CONTRACTOR 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.
10.7 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
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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:
Dan West, Director
Broward Parks & Recreation Division
950 N. W.38th Street
Oakland Park, Florida 33309
(954) 357-8107
FOR CONTRACTOR:
Colin Donnelly, Assistant City Manager
er
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FI. 33004
(954) 924-6800
10.8 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Agreement except as authorized by Exhibit
A.
CONTRACTOR represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the
duties, obligations, and services set forth in the Scope of Services and to provide
and perform such services to COUNTY's satisfaction for the agreed
compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. . The quality of CONTRACTOR's
performance and all interim and final product(s), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
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10.9 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious
exercise of judgment related to-its performance under this Agreement.
CONTRACTOR 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, nor shall such persons 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 or in connection with any such pending or
threatened legal or administrative proceeding. The limitations of this section shall
not preclude CONTRACTOR or any other persons from representing themselves
in any action or in any administrative or legal proceeding.
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning of
this section.
10.10 AMENDMENTS
Except for the provisions set forth in Article 5, no modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this
Agreement and executed by the Board and CONTRACTOR.
10.11 WAIVER OF BREACH AND MATERIALITY
COUNTY and CONTRACTOR agree that each requirement, duty, and obligation
set forth herein was bargained for at arms-length and is agreed to by the parties in
exchange for quid pro quo, that each is substantial and important to the formation
of this Agreement and that each is, therefore, 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.
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10.12 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes, ordinances,
rules, and regulations in performing its duties, responsibilities, and obligations
related to this Agreement.
10.13 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or CONTRACTOR elects to terminate this Agreement.
The election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
10.14 JOINT PREPARATION
Each party and its counsel have participated fully in the review and revision of this
Agreement and acknowledge 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. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
10.15 PRIORITY OF PROVISIONS
The applicable provisions of Sections 328.72, and 328.76, Florida Statutes, as
may be amended from time to time, and Section 9 1/2-16 of the Broward County
Code, as may be amended from time to time, are hereby expressly incorporated
into this Agreement. In the event of 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 the Florida Statutes, and
Broward County Code, shall prevail and be given effect.
10.16 APPLICABLE LAW AND VENUE
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 exclusively in the state courts of the Seventeenth Judicial Circuit in
Broward County, Florida, and venue for litigation arising out of this Agreement
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shall be exclusively 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, CONTRACTOR AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
10.17 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 conceming the subject matter of this Agreement
that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms, hereof, shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document in accordance with
Section 10.10 above.
10.18 INCORPORATION BY REFERENCE
The truth and accuracy of each"Whereas"clause set forth above is acknowledged
by the parties. The attached Exhibits are incorporated into and made apart of this
Agreement.
10.19 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of
which shall be deemed to be an original.
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IN WITNESS WHEREOF, the parties 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 County Administrator,
authorized to execute same by Resolution on the seventeenth day of April, 2001, and the
CITY OF DANIA BEACH, signing by and through its MAYOR, duly authorized to execute
same.
COUNTY
By:
Witness Bertha Henry
County Administrator
Witness day of , 2012.
Approved as to form by
Office of County Attorney
Broward County, Florida
Joni Armstrong Coffey, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Approved as to Insurance Fort Lauderdale, Florida 33301
Requirements Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By: By,
Risk Management Division Daphne Jones Date
Assistant County Attorney
DElbil
5/13/11
DEJ2011 MAC BBIP GOO FY2010 2011
File:11-115.04
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AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH
FOR BROWARD BOATING IMPROVEMENT PROGRAM GRANT
CONTRACTOR
WITNESSES: CITY OF DANIA BEACH
(Signature)
(Print Name and Title)
day of , 2012.
ATTEST:
City Clerk Reviewed and approved as to form by
City Attorney
day of , 2012.
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EXHIBIT "A"
I Project title: Dania Beach Municipal Marina Renovation Project, Phase II
II. Scope of project: Construct a floating concrete dock marina consisting of 92
storage boat slips, 21 transient boat slips and 7 day dockage slips to replace the
previously BBIP funded and constructed 7 day dockage slips, harbormaster
building, lighting, dredging, water and electrical hookups for 120 slips, security
gates and a fish cleaning station.
A. CONTRACTOR agrees to construct the project known as: Dania Beach
Municipal-Marina Renovation Project, Phase II, in accordance with final
construction plans approved by the Broward County Marine Advisory
Committee before construction begins, and plans and specification
prepared by, or under the supervision and review of, a registered
professional architect, engineer, or other appropriate professional. These
elements are identified in the project application which is made a part of this
Agreement by reference.
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses, agreements, leases, easements, etc., required for the
project.
C. CONTRACTOR agrees that the project, when completed, shall be
dedicated for public recreational uses. The dedication shall extend for a
minimum of twenty-five (25) years and shall be recorded in the public
property records. CONTRACTOR further agrees to return to the COUNTY
funds tendered for the project in the event the project becomes utilized for
other than the purposes of the project during this period.
D. The CONTRACTOR shall erect a permanent sign identifying the program
and the COUNTY as a funding source of project construction.
Ill. Required documentation of services rendered:
A. Contract Administrator is responsible for ensuring performance of its terms
and conditions and shall approve all payment requests prior to payment.
The CONTRACTOR shall submit to the COUNTY signed quarterly project
status reports on a calendar basis summarizing work accomplished,
problems encountered, percentage of completion, and other appropriate
information. Photographs shall be submitted when appropriate to reflect
work accomplished.
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B. Upon project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of the
project in accordance with the prepared plans and specifications.
C. Upon project completion, the CONTRACTOR shall also submit a site plan
(as-built), list of construction facilities and improvements, and color
photographs reflecting the work accomplished.
IV. Matching Funds
A. Pursuant to Section 4.1 of this Agreement, CONTRACTOR agrees to
provide matching funds in the amount of$1,367,000.00.
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EXHIBIT "B"
Prevailing Wage Rates:: On November 17, 1983, the Broward County Board of County
Commissioners enacted Ordinance No. 83-72 providing that, in all non-federally funded
construction procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00)
or more, the rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar.skills in classifications of
work in like industries as determined by the Secretary of Labor and as published in the
Federal Register(latest revision).
1. Prevailing Wage Rate Ordinance. This Project is not federally funded. If
the construction cost is in excess of Two Hundred Fifty Thousand Dollars
($250,000.00), the following sections shall apply:
a) The rate of wages and fringe benefit payments for all laborers,
mechanics, and apprentices shall not be less than those payments
for similar skills in classifications of work in a like construction
industry as determined by the Secretary of Labor and as published in
the Federal Register (latest revision).
b) All mechanics, laborers, and apprentices, employed or working
directly upon the site of the work shall be paid in accordance with the
above-referenced wage rates. CONTRACTOR shall post notice of
these provisions at the site of the work in a prominent place where it
can be easily seen by the workers.
c) If the parties cannot agree on the proper classification of a particular
class of laborers or mechanics or apprentices to be used, the
Contract Administrator shall submit the question, together with its
recommendation,to the County Administrator for final determination.
d) In the event it is found by the Contract Administrator that any laborer
or mechanic or apprentice employed by CONTRACTOR, or any
Subcontractor directly on the site of the work has been or is being
paid at a rate of wages less than the rate of wages required by the
ordinance, the Contract Administrator may: (1) by written notice to
CONTRACTOR terminate its right to proceed with the work or such
part of work for which there has been a failure to pay said required
wages; and (2) prosecute the work or portion thereof to completion
by contract or otherwise. Whereupon, CONTRACTOR and its
sureties shall be liable to COUNTY for any excess costs occasioned
to COUNTY thereby.
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e) Sections 1.a)through 1.d)above shall apply to this Agreement to the
extent that it is: (1) a prime Agreement subject to the ordinance; or
(2) a subcontract also subject to the ordinance under such prime
Agreement.
f) CONTRACTOR shall maintain payrolls and basic records relating
thereto during the course of the work and shall preserve such for a
period of three (3) years thereafter for all laborers, mechanics, and
apprentices working at the site of the work. Such records shall
contain the name and address of each such employee; its current
classification; rate of pay(including rates of contributions for, or costs
assumed to provide, fringe benefits); daily and weekly number of
hours worked; deductions made; and actual wages paid.
g) CONTRACTOR shall submit, with each requisition for payment, a
signed and sworn "Statement of Compliance" attesting to
compliance with Broward County Ordinance No. 83-72. The
Statement shall be in the form attached as Exhibit"C."
h) The Contract Administrator may withhold or cause to be withheld
from CONTRACTOR so much of the payments requisitioned as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, watchpersons, and guards employed by
CONTRACTOR or any subcontractor on the work, the full amount of
wages required by this Agreement.
i) If CONTRACTOR or any subcontractor fails to pay any laborer,
mechanic, or apprentice employed or working on the site of the work
all or part of the wages required by this Agreement, the Contract
Administrator may, after written notice to CONTRACTOR, take such
action as may be necessary to cause suspension of any further
payments or advances until such violations have ceased.
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EXHIBIT"C"
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO 83-72)
No.
Contract No. Project Title
The undersigned CONTRACTOR hereby swears under penalty of perjury that,during the period covered by
the application for payment to which this statement is attached, all mechanics, laborers, and apprentices,
employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of
payments, contributions, or costs for fringe benefits have not been less than those required by Broward
County Ordinance No. 83-72 and the applicable conditions of this Agreement.
Dated
CONTRACTOR ,
By
(Signature)
By
STATE OF ) (Name and Title)
SS.
COUNTY OF )
The foregoing instrument was acknowiedged before me this day of ,
2009, by who is personally known to me or who has produced
as identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of , 2012.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
typed, printed or stamped
(Title or rank)
(Serial number, if any)
My commission expires:
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