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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-012T Temp. Reso# 13221 -January 23,2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019-tL A RESOLUTION OF THE CIry COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF TAMARAC AND THE PARKS AND RECREATION FOUNDATTON OF TAMARAC (PAROT) ESTABLTSHING A RELATIONSHIP BETWEEN THE CITY OF TAMARAC AND PAROT FOR PARTICIPATION IN A NATIONAL FOOTBALL LEAGUE (NFL) FOUNDATION GRASSROOTS GRANT PROGRAM APPLICATION AND GRANT AWARD IN THE EVENT OF APPROVAL OF THE APPLICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving outdoor recreation facilities and public participation in sports activities such as football; and WHEREAS, the mission of the Parks and Recreation Foundation of Tamarac (PAROT) is to enhance Tamarac parks and recreation facilities and programs through partnership and fundraising support; and WHEREAS, the City of Tamarac organizes public outdoor recreation activities with support from both PAROT and the Tamarac Parks and Recreation Board; and WHEREAS, both PAROT and the Tamarac Parks and Recreation Board recommend I T replacement of the football/multi-purpose field turf at the Tamarac Sports Complex; and Temp. Reso # 13221 -January 23,2019 Page 2 WHEREAS, the City of Tamarac Adopted FY2019 Capital lmprovement Program provides commitment to replace the field turf at the Tamarac Sports Complex; and WHEREAS, the Nationa! Football League (NFL) Foundation Grassroots grant program provides grants to communities forthe provision of field turf on footballfields to enhance public outdoor recreation; and WHEREAS, the NFL Foundation Grassroots grant program allows community-based non-profit 501(c)3 organizations such as PAROT to apply forfield improvement grants on behalf of municipalities owning and managing said fields; and WHEREAS, the City of Tamarac owns and operates the sports fields located at the Tamarac Sports Complex, and WHEREAS, the PAROT Board of Directors has authorized PAROT to apply for the National Football League (NFL) Foundation Grassroots grant for the installation of artificial turf at the Tamarac Sports Complex pending approval of this MOU; and WHEREAS, the City of Tamarac approves and authorizes the appropriate City Officials to execute a Memorandum of Understanding (MOU) between the City of Tamarac and PAROT establishing a relationship between the City and PAROT for participation in a National Football League (NFL) Foundation Grassroots Grant Program application and grant award in the event of approval of the application, a copy of said MOU is attached hereto as Exhibit A and is incorporated herein by this reference; and T T t I Temp. Reso# 13221 -January 23,2019 Page 3 WHEREAS, the Director of Financial Services and the Director of Parks and Recreation recommend executing an MOU between the City of Tamarac and PAROT establishing a relationship between the City and PAROT for participation in a National Football League (NFL) Foundation Grassroots Grant Program application and grant award in the event of approval of the application; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to enter into an MOU between the City of Tamarac and PAROT establishing a relationship between the City and PAROT for participation in a National Football League (NFL) Foundation Grassroots Grant Program application and grant award in the event of approval of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry OF TAMARAC, FLORIDA: SECTION 1: That the foregoing .WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution SECTION 2: The appropriate City Officials are HEREBY authorized to execute a Memorandum of Understanding (MOU) between the City of Tamarac and the Parks and Recreation Foundation of Tamarac (PAROT) establishing a relationship between the City and PAROT for participation in a National Football League (NFL) Foundation Grassroots Grant T I Program application and grant award in the event of approval of the application Temp. Reso# 13221 -January 23,2019 Page 4 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY t repealed to the extent of such conflict SECTION 4: lf any clause, section, or other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or application of this Resolution. The remainder of this paqe intentionallv left blank I I I Temp. Reso# 13221 -January 23,2019 Page 5 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thiS ATTEST:J.G EZ, MAYOR PATRIC!A F CITY CLERK 2Z day or 2019 RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: VIM PLACKO a/r*J I t44 421" " A4?4 {.aaa'-7- I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM EL S. GOcrry T 2015 NATIONAL FOOTBALL LEAGUE (NFL) GRASSROOTS GRANT PROGRAM MEMORANDUM OF UNDERSTANDING (MOU} This Memorandum of Understanding (MOU) is hereby entered into by and between the followi ng partici pati ng entities (hereafter "partici pati ng agencies") : City of Tamarac, a Florida municipal corporation of the State of Florida, with a business address o1,7525 NW 88 Avenue, Tamarac, FL33321("City") Tamarac Parks and Recreation rouill,,on, tnc. , with a business address of 6001 Nob Hill Road, Tamarac, FL 33321 ("PAROT'). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between the participating agencies, listed above. WHEREAS, the participating agencies have formed a working committee and developed a course of action to achieve the goals and objectives of the National Football League (NFL) Foundation Grassroots Grant Program; and WHEREAS, PAROT is classified as a non-profit 501(cX3) fortax purposes and as such is eligible and agrees to apply for NFL Grassroots Grant Program funds for the provision and installation of artificia! turf at the Tamarac Sports Complex; and WHEREAS, the City agrees to administer the NFL Grassroots Grant Program award including reporting requirements for those items acquired under the NFL grant application in the event of approval; and WHEREAS, the City agrees to provide more than the usual minimum match requirement in local funds in an amount not to exceed $500,000.00 in the event of approval of the application; and WHEREAS, the City agrees to provide for the maintenance of the artificial turf once it has been installed with funds from the NFL Grassroots Grant Program; and WHEREAS, PAROT agrees to reimburse the City for the costs and expenses associated with the installation of the artificial turf at the Tamarac Sports Complex utilizing those funds received from the NFL Grassroots Program Grant NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and covenants hereinafter set forth, the participating agencies agree as follows: PURPOSE This MOU establishes the relationship between the City and PAROT for participation in a National Football League (NFL) Grassroots Grant Program application and grant award in the event of approval of the application. 1(00065735.3 2704-0s01640] PROCEDURES 1. PAROT will serve as host agency to submit a grant application with the City from the National Football League (NFL) Grassroots Grant Program. 2. The participating agencies agree to accept the NFL Grassroots Grant Program award and to execute the necessary documents, subject to legal review, in the event of approval. 3. ln the event of approval of the grant application, the City will serve as the grant administrator and all items approved under the NFL Foundation grant award will be procured and administered through the City. 4. The City agrees to provide a match not to exceed $500,000.00 as required to apply for the NFL Grassroots Grant Program funds on behalf of PAROT. 5. ln the event of a reduced award, the participating agencies agree to accept this reduced amount and for the City to provide the necessary match in local funds, in an amount not to exceed $500,000.00. 6. PAROT agrees to reimburse the City for all costs and expenses associated with the installation of the artificial turf at the Tamarac Sports Complex with the grant funds received from the NFL Grassroots Grant Program award. 7. The City agrees to provide for the ongoing maintenance of the artificial turf acquired and installed pursuant to the NFL Grassroots Grant Program award. 8. PAROT's liability to the City arising from this MOU shall be limited to the amount of grant funds received from the NFL Foundation. TERM AND TERMINATION This MOU shall be effective on the date of the last signature of the participating agencies herein and shall continue in full force and effect through the official closeout of the grant agreement. GUIDELINES !n performing its duties, responsibilities and obligations pursuant to this Agreement, each participating agency agrees to adhere to the requirement standards set forth in the NFL Grassroots Grant Program guidance and Federal OMB Circular A-133 as applicable. RECORDS 1. Each participating agency understands that any and all records created as a result of participating in this federal grant program may be subject to the public disclosure pursuant to the Public Records Statute, Fla. Stat. Section 119.07 and shall be responsible for compliance with any public records request served upon it and any resultant award of attorney's fees for noncompliance. z[00065735.] 2704.0501640) 2. The participating agencies further agree to comply with the provisions of Section 1 19.0701 , Florida Statutes, and in doing so shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 3. Each participating agency shall maintain its own respective records and documents associated with this MOU sutficient to demonstrate compliance with the terms of this agreement as may be required pursuant to the record retention periods prescribed by Florida law, but in no event shall it be for a period less than five (5) years from the close- out date of the agreement. Moreover, each participating agency further agrees and shall allow the NFL Foundation access to such records upon request. NOTICES Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class, and certified return receipt requested, addressed as follows: TO: CITY OF TAMARAC City Manager 7525 NW 88 Avenue Tamarac, Florida 33321 With copy to City of Tamarac City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 TO: TAMARAC PARKS AND RECREATION FOUNDATION, lNC. (PAROT) 6001 Nob Hill Road [00065735.] z7o4-o5o1uo-) 3 Tamarac, Florida 33321 MISCELLANEOUS 1, COMPLIANCE WITH LAWS The participating agencies shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations which may be applicable in performing its duties, responsibilities, and obligations pursuant to this MOU. 2. JOINT PREPARATION The participating agencies 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 MOU 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. 3. APPLICABLE LAW AND VENUE This MOU shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue in any proceeding or action among the parties arising out of this MOU shall be in Broward County, Florida. 4, INCORPORATION BY REFERENCE The truth and accuracy of each 'Whereas" clause set forth above is acknowledged by the participating agencies and is incorporated herein by this reference. 5. ENTIRE AGREEMENT This MOU contains the entire understanding of the participating agencies relating to the subject matter hereof superseding all prior communications between the parties whether oral or written. This MOU may not be altered, amended, modified, or otherwise changed nor may any of the terms hereof be waived, except by written instrument executed by the participating agencies. The failure of a participating agency to seek redress for violation of or to insist on strict performance of any of the covenants of this MOU shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in fullforce and affect. 6. SEVERABILITY Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining portions or provisions shall not be affected thereby. 7. UNCONTROLLABLE FORCES (0006s735.3 2704-05016401 4 Participating agencies shall not be considered to be in default of this MOU if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this MOU and which is beyond the reasonable control of the nonperforming party. lt includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preve4ting continued performance of the obligations of this Agreement. 8. ASSIGNMENT Participating agencies shall not assign or transfer its rights, title or interests in the MOU 9. SIGNATORY AUTHORITY Each participating agency hereby certifies that the individuals executing this MOU each have the signatory authority for the participating agency they represent to enter into this MOU. 10. NO THIRD PARTY BENEFICIAR!ES. The participating agencies expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this MOU. None of the parties intend to directly or substantially benefit a third party by this MOU. The parties agree that there are no third party beneficiaries to this MOU and that no third party shall be entitled to assert a claim against any of the parties based upon this MOU. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 11. CAPTIONS The captions, section designations, section numbers, article numbers, titles and headings appearing in this MOU are inserted only as a matter of convenience, have no substantive meaning, and in no way define, limit, construe or describe the scope or intent of such articles or sections of this MOU, nor in any way effect this MOU and shall not be construed to create a conflict with the provisions of this MOU. 12. AMENDMENTS 5{00065735.3 2704-0501640J 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 MOU and executed by each party hereto. 1 3. NO GRANT OF AGENCY Except as the participating agencies may specify in writing, no participating agency shall have authority, expressed or implied, to act on behalf of the other participating agencies in any capacity whatsoever as an agent. No participating agency shall have any authority, express or implied, pursuant to this MOU, to bind the other participating agency to any obligation whatsoever. lN WITNESS IVHEREOF, the participating agencies execute this instrument on the date(s) shown below: Date \ -}.?'lq, C. Cernech, City M r as to form of the City rney The Parks and Recreation Foundation of Tamarac Print Name t- t]-11Date: Date 6(00065735.3 2704.0501640)