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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-021Temp. Reso # 12618 — February 26, 2015 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- 9/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE TAMARAC PARKS AND RECREATION FOUNDATION AND THE APPROPRIATE CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE NATIONAL FOOTBALL LEAGUE (NFL) FOUNDATION FOR GRANT FUNDS FOR THE DEVELOPMENT OF A FOOTBALL FIELD AT THE TAMARAC SPORTS COMPLEX IN THE AMOUNT OF $20010001 PROVIDING FOR A MATCH IN AN AMOUNT NOT TO EXCEED $500)000 IN LOCAL FUNDS IN THE EVENT OF APPROVAL OF THE APPLICATION; PROVIDING FOR ACCEPTANCE OF THE AWARD AND EXECUTION OF DOCUMENTS UPON APPROVAL; PROVIDING FOR A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TAMARAC AND THE TAMARAC PARKS AND RECREATION FOUNDATION PENDING LEGAL REVIEW 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 its outdoor recreation facilities and public participation in sports activities such as football; and WHEREAS, the mission of the Tamarac Parks and Recreation Foundation 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 the Tamarac Parks and Recreation Foundation and the Tamarac Parks and Recreation Board; and WHEREAS, the City of Tamarac Adopted FY2015 Capital Improvement Schedule specifies the development of artificial field turf at the Tamarac Sports Complex; and Temp. Reso # 12618 — February 26, 2015 Page 2 WHEREAS, both the Tamarac Parks and Recreation Foundation and the Tamarac Parks and Recreation Board recommend development of the football/multi-purpose field located at the Tamarac Sports Complex; and WHEREAS, the National Football League (NFL) Foundation provides grants for the development of football fields to enhance public outdoor recreation; and WHEREAS, the NFL Foundation specifies and the City is willing to exceed the minimum 1:1 match requirement with an amount not to exceed $500,000 in local funds in the event of approval of the application; and WHEREAS, the NFL Foundation recommends and the City is willing to provide a Memorandum of Understanding (MOU) between the City of Tamarac and the Tamarac Parks and Recreation Foundation for the administration of the NFL Grassroots grant award upon approval of the application pending legal review; and WHEREAS, the Director of Financial Services and the Director of Parks and Recreation recommend approval; 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 submit an application to the NFL Foundation for grant funds for the development of a football field located at the Tamarac Sports Complex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 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. Temp. Reso # 12618 — February 26, 2015 Page 3 Section 2: The Tamarac Parks and Recreation Foundation and the appropriate City Officials are HEREBY authorized to submit an NFL Foundation grant application in the amount of $200,000, providing for a match in local funds in an amount not to exceed $500,000 in the event of approval of the application. A copy of said application form is attached hereto as Exhibit A and is incorporated in by this reference. Section 3: Upon approval of the application, the Tamarac Parks and. Recreation Foundation and the appropriate City officials are HEREBY authorized to ad-ceptr the awed and execute the necessary documents following legal review and approvEily Section 4: As a requirement of the grant application process, the NFL Foundation requires and the City is willing to commit to a Memorandum of Understanding (MOU) between the City of Tamarac and the Tamarac Parks and Recreation Foundation. A copy of said MOU is attached hereto as Exhibit B and is incorporated in by this reference. Section 5: An appropriation for the receipt and expenditure for this grant will be included in a budget amendment prior to November 30, 2015 pursuant to F.S. 166.241(2). Section 6: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 7: If 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. Temp. Reso # 12618 — February 26, 2015 Page 4 Section 8: adoption. This Resolution shall become effective immediately upon its passage and PASSED, ADOPTED AND APPROVED ATTEST: PATRiciA TE U-rd'LlCMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM 21, , >- : K N //r- SAA9fUEL Ss GORI CITY ATTORNEY this a50"' day of l�� 2015. HARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL � DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO /OOOOV �'OD6A1' Overview Gi R ROOT'�i Field Grant Program in partnership with LISC jfle�5i�j n�gbbors bu*ildconimunities NFL FOUNDATION GRASSROOTS PROGRAM A Community Football Fields Program REQUEST FOR PROPOSALS (RFP) The NFL Foundation Grassroots Program is a partnership of the National Football League Foundation, which provides funding for the Program, and the Local Initiatives Support Corporation (LISC), which provides technical assistance and manages the Program. The goal of the Program is to provide non-profit, neighborhood -based organizations with financial and technical assistance to improve the quality, safety, and accessibility of local football fields. The NFL Foundation Grassroots Program provides grants of up to $200,000 for capital improvement projects. In order to be eligible for a grant under the Program, projects must be sponsored by non-profit community -based organizations registered as exempt from Federal Income Tax under Internal Revenue Service Code Section 501(c)(3) or middle or high schools. In addition, all organizations applying for funds must be located specifically and exclusively within NFL Target Markets, listed in Attachment A and serve low to moderate -income areas within those markets. Strong preference will be given to those proposals that (1) seek to upgrade existing facilities that are in poor condition or otherwise underutilized; (2) demonstrate active use of the fields; (3) attract matching funding that exceeds the minimum required match of 1:1; (4) involve local partnerships with non-profit community partners (e.g., USA Football, Parks and Recreation Departments, YMCA branches, etc.) to promote youth sports safety and community programming on the fields; (5) provide for continuing maintenance and field safety; and (6) involve youth football programs that are currently registered and compliant with USA Football Heads Up Football safety initiatives. As noted above, grants are given only for capital expenditures. Applicants may request a maximum of $200,000 from the NFL Foundation Grassroots Program to be used for capital improvements. Please see "Availability of Funding" for stipulations involved with a $200,000 maximum grant request. Proposals are due on March 30, 2015. Please read the complete RFP before submitting a proposal. Proposals MUST BE MAILED. E-mails will not be accepted. Page 1 of 7 The NFL Foundation Grassroots Program Objectives Athletic fields can serve as tremendous community assets by offering opportunities for recreation, education, and relaxation that contribute to the local quality of life. The NFL Foundation Grassroots Program seeks to redress the shortage of clean, safe and accessible football fields in low and moderate -income neighborhoods. Non-profit neighborhood -based organ41 izations can play a leading role in the improvement of existing or creation of new athletic playing fields. With experience in both real estate development and community building, many of these organizations possess the capacity to address both the capital aspects of playing fields development and the program elements (i.e. youth football leagues, sports tournaments, science fairs, summer festivals, community celebrations, and after -school events). Equally important to this experience, neighborhood -based organizations have connections to their community that legitimize their operations and draw resident support for their work. If local residents have a sense of ownership and see themselves as stakeholders in the creation and maintenance of playing fields, these community assets are more likely to be protected and preserved for long-term use. The NFL Foundation Grassroots Program is intended not only to respond to the immediate shortage of playing fields, but also to build an infrastructure through partnerships and resident involvement that will sustain these open spaces for community use. In an effort to incorporate and improve health and safety on community football fields, the NFL Foundation Grassroots Program collaborates with USA Football, the sport's national governing body in the United States. USA Football offers the sport's only nationally accredited coach certification program; membership benefits for coaches, players, and youth football parents; and more than 250 football training events annually. As part of its efforts to promote a better and safer game, USA Football also assists youth football organizations with background checks for coaches and other adult volunteers. With members residing in 50 states and Washington D.C, USA Football serves as the official youth football development partner of the NFL and its 32 teams. NFL Foundation Grassroots applicants are strongly encouraged to reach out to Donovan Etchison, Member Experience Manager of USA Football at 317-614-7747 or detchison(&usafootball.com to establish a relationship, obtain information on how to become a USA Football member (on a league or individual basis), become a member of Heads Up Football, learn more about the background check program, and inquire about further football programming assistance. Availability of Funding There are two levels of funding available: 1) general field support (e.g. irrigation, bleachers, lights, etc.); and 2) field surface grants. General Field Support: applicants may submit requests of up to $50,000 for capital projects not associated with the actual field surface. This support includes the installation/refurbishment of bleachers, concession stands, lights, irrigation systems, etc. Page 2 of 7 Field Surface Grants: Matching grants of up to $200,000 are available to help finance the resurfacing of a community, middle school or high school football field. Matching grants of up to $200,000 will be available to applicants seeking to install new synthetic sports turf surfaces. The ability of these new surfaces to withstand constant use and require little ongoing maintenance costs makes this an attractive option for communities, schools and youth groups to consider. A smaller number of matching grants of up to $100,000 will be available to help finance the resurfacing of a community, middle school or high school football field utilizing natural grass/ sod surfaces. If applicants choose to utilize natural grass/sod surfaces as opposed to the synthetic sports surfaces, a minimum five-year maintenance plan and corresponding financial budget must be provided in order to demonstrate that the applying organization will maintain the field despite projected wear and tear and potential overuse by youth sports participants. Funds from the Program may not be used to maintain field surfaces, as all grant funds must be used for capital expenditures. Onzanizational Elizibility Criteria To be eligible for the NFL Foundation Grassroots Program, organizations applying for grant funds must meet all of the criteria listed below: • Be a community -based organization, middle school or high school serving a neighborhood consisting primarily of low and moderate -income families and individuals. Please note: - Schools must demonstrate the ability of the community to also utilize the field; - Universities and college campuses are not eligible to apply for NFL Foundation Grassroots grants and will not be considered for funding. • Have at least one -full time staff person (all -volunteer organizations will not be considered); • Be in existence for at least three years; • Have a proven track record in real estate development and/or parks programming; • Have 501(c)(3) tax-exempt status/school status; and • Be located in an NFL Target Market (Please see the list of eligible Target Markets in Attachment A). Additionally, the facility should recommend that all youth organizations require all youth football coaches be certified through USA Football's Level 1 Coach Certification course. If an NFL Foundation Grassroots field grant is awarded, the youth football organizations scheduled to utilize that field should become a USA Football member through its Heads Up Football' offering. Selection Criteria Organizations and their projects will be selected for funding based upon the following criteria: 1. Feasibility of the proposed project. The project budget must be based upon realistic costs, preferably written contractor's estimates. Page 3 of 7 2. Project readiness. Sources of funding for the entire budget should be identified. Plans for field renovation should take into account the schedule of recreation activities over the course of the year. A project timeline should be specified in the proposal. 3. Impact upon neighborhood and support from the community. Only proposals that locate projects in low and moderate -income communities will be considered. The proposal should clearly state how the field improvements would benefit the community. It also must clearly detail how many youth and adults make use of the field for football and for other activities. Moreover, the proposal must also include a projected increase in the number of people that will use the facility as a result of the NFL Foundation Grassroots Program improvements. Support letters from other neighborhood and partner organizations and joint use agreements (where applicable) must be included as well as contact information for the youth football organizations and high school football programs scheduled to use the field. 4. Match funding. The NFL Foundation Grassroots Program requires a minimum local match of one dollar for every NFL Foundation Grassroots Program dollar (1: 1). For example, if the proposal requests $200,000 from the NFL Foundation Grassroots Program, it must demonstrate sources and commitments for at least $200,000 in local funds, however total funding sources cover the costs of the entire project. Match funding at a higher ratio will strengthen the proposal. 5. Security of future field maintenance and safety. Proposals must have written commitments of maintenance funding for a minimum of five years and a detailed five-year maintenance plan in order to demonstrate that the applicant will maintain the field despite projected wear and tear and potential overuse by youth sports participants. As a reminder, NFL Foundation Grassroots funds may not be used to maintain field surfaces, as all grant funds must be used for capital expenditures. 6. Capacity of organization and its partners to carry out project. The applicant organization must demonstrate, through its current management team and previous experience, the ability to manage a project of this size and nature. Other Terms & Definitions. Capital improvements refer to the physical development of the field and its surrounding amenities. Such projects may include, but are not limited to, new or renovated irrigation systems, topsoil, sod or seeding, lights, bleachers, public address systems, fences, restroom or locker room facilities, goalposts, and scoreboards. Public agencies (other than public schools) may not apply for grants from the NFL Foundation Grassroots Program. However, community -based non-profit organizations with 501(c)(3) designation, middle schools and high schools meeting all other organizational criteria, and private schools with 501(c) (3) designation may apply to make improvements on fields owned and managed by public sector entities (e.g. City, Parks and Recreation Departments, etc.). In those cases, the applicant must show evidence that (1) the public entity supports the proposal; (2) the public entity authorizes the applicant to carry out the proposed capital improvements (this authorization must take into account relevant labor/union regulations and liability issues); (3) the public entity demonstrates its financial commitment to field maintenance; and (4) the field is Page 4 of 7 open to and used by the community for organized athletics and other events through joint use agreements. Application Procedures To apply for funding under the NFL Foundation Grassroots Program, please submit an original plus three (3) copies of each of the following: Cover Sheet: A one -page cover sheet including the following information: - Name, address, e-mail address, telephone and facsimile numbers of the organization - Executive director and contact person (if different) for this application - Brief description of proposed project - Amount of funding requested Please note that use of the NFL Foundation Grassroots Program, NFL, NFL Foundation or LISC logos are expressly prohibited. Narrative: In no more than five (5) typed pages, address the following: • Description of the organization: mission, history, and accomplishments, with a focus on capacity to develop the proposed project; • Description of the neighborhood: boundaries of the catchment area, income levels and ethnicity of the population served, condition of housing stock and main commercial areas, existence and conditions of local parks and open spaces (including community facilities); • Description of the project: location, current condition, plans for site use, progress on this plan (including status on site control, zoning, environmental review, and physical improvements), project budget and match funding, timeline for completion of the project, community support for project, and agreements with partner organizations. • Impact of the project and future sustainability: planned or anticipated programming in field space including youth and high school football programs, plans for continued maintenance and safety of field (including long-term maintenance budget and timeline), and how project fits into community plans for neighborhood; • Please indicate how you learned about the NFL Foundation Grassroots Program. Om�anizational Attachments: Please attach the following items: • IRS 501(c)(3) determination letter • Two most recent audited financial statements (preferably annual statements for 2012 and 2013) • Most recent IRS 990 form (preferably 2013) • Current List of organizations' Board of Directors (contact information) • Current list of youth football league organizations utilizing (or will use) the Feld including league contact information. • IRS W-9 Form Project Attachments: Please include a copy of the following items: Page 5 of 7 • Project budget for the renovations/construction of football Feld • Financing commitment letters from match funding sources • Financial commitment letters and detailed maintenance plan from organizations responsible for field maintenance. • Landscaping or park design plans • Environmental reports (if necessary) Agreements and budgets for field programming (i.e. youth football) � Letters of support and joint use agreements from Feld users and other community organizations • Contact information for the youth football organizations and high school football programs scheduled to utilize the field Please submit an original plus three (3) copies of the completed application, including the relevant attachments to the address below. Proposals MUST BE MAILED. E-mails will not be accepted. Attn: NFL Foundation Grassroots Program Beverly Smith, Senior Program Director Local Initiatives Support Corporation 501 Seventh Avenue- 7th Floor New York, NY 10018 Proposals must be received by March 30, 2015. No exceptions._ If you have questions regarding this RFP, please contact Beverly Smith at LISC in New York at (212) 455-9881 or by e-mail at bsmith2lisc.or_. 2014 NFL Foundation Grassroots Program -- Attachment A Note: Only organizations located in low -moderate income areas within the following Target Markets are eligible to apply. NFL Team Target Market Arizona Cardinals Phoenix, Glendale, Tempe, Flagstaff, Sacaton, Tucson, AZ Atlanta Falcons Atlanta, Hall County, GA Baltimore Ravens Baltimore, MD Buffalo Bills Buffalo, Lackawanna, Niagara Falls, Rochester, Tonawanda, NY Carolina Panthers North and South Carolina Chicago Bears Chicago, Cook County ( Mayfield, Brookfield, Chicago Heights, Riverdale, Blue Island) Lake Count (North Chicago, Waukegan), Aurora, Peoria, IL Cincinnati, Hamilton County, Clermont, Butler, Warren, OH; Northern Kentucky Boone County, Campbell, Kenton Cincinnati Bengals Cleveland Browns Cleveland, Akron, Canton, Lorain, Toledo, Youngstown, Lorain County, OH Dallas Cowboys Dallas, Arlington, Fort Worth, Irving, Frisco, TX Denver Broncos Denver, Colorado Springs, Commerce City, Pueblo, Fort Collins, Grand Junction, Eastern Planes, CO Detroit Lions Detroit, Highland Park, Allen Park, Dearborn, Flint, MI Houston Texans Houston, TX Green Bay Packers Green Bay, Lacrosse, Madison, Manitowoc, Milwaukee, Racine, Sheboygan, WI Page 6 of 7 Indianapolis Colts Indianapolis, IN Jacksonville Jaguars Jacksonville, Nassau, Clay, St. John's, Baker and Flagler Counties, FL Kansas City Chiefs Kansas City, MO; Kansas City, KS Miami Dolphins Miami Dade, Broward, Palm Beach, Collier, Lee, Monroe and Martin Counties and Port St. Lucie, FL Minnesota Vikings Minneapolis, Duluth, St. Cloud, St. Paul, MN New England Patriots Boston, Springfield, Foxborough, Attleboro, MA; Nashua, NH; Providence, Central Falls, RI New Orleans Saints New Orleans, Northshore, St. Tammany Parish (Mandeville, Covington, Slidell), Jefferson Parish (Kenner, Metairie), St. Charles Parish, St. John Parish, LA New York Giants Englewood, Hackensack, Jersey City, Newark, Irvington, Paterson, NJ; Mount Vernon, Yonkers, NY; Bridgeport, Hartford, New Haven, Stamford, CT New York Jets Morris County (Dover, Morris Township), NJ, Hempstead, NYC, Roosevelt, NY Oakland Raiders Oakland, Alameda, Berkeley, Castro Valley, Hayward, San Leandro, San Lorenzo, Richmond, Union City, Walnut Creek, CA Philadelphia Eagles Philadelphia, Lehigh Valley, PA; Camden, Trenton, NJ; Wilmington, DE Pittsburgh Steelers Pittsburgh, Allegheny, Armstrong, Beaver County, Blair County, Butler, Cambria County, Fayette, Green, Indiana, Lawrence, Somerset County, Washington, Westmoreland, PA; Fairmont, Weirton, WV St. Louis Rams St. Louis, MO; East St. Louis, IL San Diego Chargers San Diego County, CA San Francisco 49ers San Francisco, South San Francisco, East Palo Alto, Pajaro, Salinas, San Jose, Watsonville, Santa Clara, CA Seattle Seahawks Seattle, Tacoma, King, Pierce, Snohomish, Thurston, Skagit and Kitsap Counties, WA Tampa Bay Buccaneers Hillsborough, Orange, Osceola, Pinellas, Seminole, Manatee, Polk, Pasco Counties, Sarasota, FL Tennessee Titans All counties included in the Nashville Metropolitan and Middle Tennessee areas as well as Chattanooga, Jackson, Knoxville and Memphis, TN Washington Redskins Washington, DC; Prince George's County, MD; Richmond, Virginia Beach, Henrico County, VA Los Angeles Los Angeles, CA Page 7 of 7 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 following participating entities (hereafter "participating agencies"): City of Tamarac, a Florida municipal corporation of the State of Florida, with a business address of, 7525 NW 88 Avenue, Tamarac, FL 33321 ("City") and Tamarac Parks and Recreation Foundation, Inc. Nob Hill Road, Tamarac, FL 33321 ("PAROT"). , with a business address of 6001 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 anon -profit 501(c)(3) for tax purposes and as such is eligible and agrees to apply for NFL Grassroots Grant Program funds for the provision and installation of artificial 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. (00065735.2 2704-0501640 1 1 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. In 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. In 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. 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 In 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. 2. The participating agencies further agree to comply with the provisions of Section 119.0701, Florida Statutes, and in doing so shall: (00065735.2 2704-0501640 1 2 (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 sufficient 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: TO: City of Tamarac City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 TAMARAC PARKS AND RECREATION FOUNDATION, INC. (PAROT) 6001 Nob Hill Road Tamarac, Florida 33321 [00065735.2 2704-0501640) 3 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 full force 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 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 [00065.735.2 2704-0501640 ) 4 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. It 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 preventing 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 BENEFICIARIES. 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 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. [00065735.2 2704-0501640 ) 5 13. 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. IN WITNESS WHEREOF, the participating agencies execute this instrument on the date(s) shown below: C itvkf T ichael C. Cernech, Ci�i Manager Approved as to legal form: Officb of the City Attorney The Parks and Recreation Foundation of Tamarac Print Name: VAavii, [00065735.2 2704-0501640 ) 6 Date: 5;—)j�f Oft�l Date: 3�0� 5 Date: