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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-020Temp. Reso. #TR11987 Page 1 February 3, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE AMOUNT OF $28,625 FROM BROWARD COUNTY THROUGH THE BROWARD COUNTY LAND STEWARDSHIP PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR THE PROVISION OF GREEN COMPONENTS USED IN DEVELOPMENT OF THE TAMARAC SPORTS COMPLEX; PROVIDING FOR A ONE TO ONE MATCH OF $28,625 PREVIOUSLY EXPENDED ON DEVELOPMENT OF THE PARK; 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 environment; and WHEREAS, Broward County through the Land Stewardship Program, provides grants to local governments for green components used in site development of open space acquired through the Broward Safe Parks and Land Preservation Bond Program; and WHEREAS, the City of Tamarac applied to the Broward County Land Stewardship Program for a grant in the amount of $28,625 to provide for green park amenities at the Tamarac Sports Complex and was awarded the grant as indicated in the January 25, 2011 correspondence from Broward County attached hereto as Exhibit A; and WHEREAS, the Directors of Financial Services and of Parks and Recreation recommend acceptance of grant funds and execution of a project agreement between L Temp. Reso. #TR11987 Page 2 February 3, 2011 Broward County and the City of Tamarac for grant funding for the Tamarac Sports Complex; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept grant funding for the Tamarac Sports Complex and to execute an agreement between Broward County and the City of Tamarac for grant funding in the amount of $28,625. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the grant award of $28,625 from Broward County through the Broward County Land Stewardship Program. SECTION 3: The appropriate City Officials are HEREBY authorized to execute an agreement between Broward County and the City of Tamarac for grant funding in the amount of $28,625 hereto attached as Exhibit B which is incorporated herein by this reference. SECTION 4: An appropriation for the receipt and expenditure for this grant and any matching funds will be included in the next budget amendment pursuant to F.S. 166.241(2). SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. 1 Temp. Reso. #TR11987 Page 3 February 3, 2011 SECTION 6: If any clause, section, 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 applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 2011. J BETH TALABISCO MAYOR ATTEST: PETER M. J. CHARDSON, CRM, CMC CITY CLERK ' RECORD OF COMMISSION VOTE: I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. G CITY ATTORNEY 1 MAYOR TALABISCO DIST 1: V/M BUSHNELL i- f z--''' DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER` DIST 4: COMM. DRESSLERR "X 14 J 'f A BF9NARD COUNTY ENVIRONMENTAL PROTECTION and GROWTH MANAGEMENT DEPARTMENT Natural Resources Planning & Management Division Mailing Address: 1 North University Drive, Suite #301, Plantation, FL 33324 954-519-1270 • FAX 954-519-1496 January 25, 2011 Congratulations Parks for People Grant Award Recipients, The Broward County Board of County Commissioners has approved the 2011-2012 Parks for People Grant Awards at today's meeting. Attached please find the grant agreement which must be completed as necessary, approved by your local commission and signed by an authorized official. (Please note there have been several revisions to assist you in completing these grant projects. The changes from the previous grant agreements are found in sections 2.1, 3.2 and 7.1 through 7.4). If you have any questions regarding these changes please contact us at your earliest convenience. Remember to fill in or attach documents referencing the exhibits contained in the agreement: Exhibit B is a project schedule with an estimated start and completion date Exhibit C is an estimate of the proposed project costs and grant expenditures Exhibit D is proof of ownership documentation A minimum of two originals will need to be returned to this office, along with a current certificate of insurance, referencing the Broward County Board of County Commissioners as certificate holder, 115 South Andrews Ave., Ft. Lauderdale, 33301 or provide a letter stating that your municipality is self insured as permitted under section 768.28 of the Florida Statutes. If your municipality has passed a resolution authorizing the acceptance of this grant and appropriating funding, please provide a copy along with the grant agreements. If you have any questions, please contact us at 954-519-1297 or Isp@broward.org. We look forward to your completion of a successful 2011-2012 Parks for People grant process. Thank you! Donald Burgess Land Preservation Administrator Natural Resources Planning and Management Division Broward County Bose 0f Cmy Commissioners Sue Gunzburger •Dale V.C. Hotness •Kristin Jacobs •Chip an Stacy Ritter John E. Rodstrom, Jr. • Barbara Sharief - Lois Wexler brot' orp i �i; CFN # 109958698 OR BK 47818 Pages 1718 - 1739 RECORDED 03/31/11 04:44:47 PM BROWARD COUNTY COMMISSION DEPUTY CLERK 1026 #1, 22 Pages AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SPORTS COMPLEX through the BROWARD COUNTY LAND STEWARDSHIP PROGRAM This Agreement, made and entered into by and re t red to as0' COUNT WARD COUNTY, a political subdivision of the state of Florida, hereinafter and CITY OF TAMARAC, a municipal corporation of the state of Florida, hereinafter referred to as "CITY," WHEREAS, pursuae 2000 Broward County Safe Parks to the COUNTY's Land Stewardship and Land Preservation Program"), funding from th ned Bond Issue has been made available for the eco alogical restoration of e recreation parks in an elxpeditious natural lands and sustainable development of passive manner; and oard") has WHEREAS, the Broward County Bo �pUNTY purpose and of County ld are authossioners rized zed by the determined that these expenditures serve a 2000 Broward County Safe Parks and Land Preservation Bond Program; and WHEREAS, CITY has been awarded funding under the Grant Program for Sports Complex; and vide for the WHEREAS, the COUNTY consents to pro activities Program funds to CITY for reimbursement of consistent with the Program; NOW, ons NOW, THEREFORE, IN CONSID�Ea eTIONr set f��ht COUNTY and CITY agreemutual as promises, covenants, and payments herei follows: CAF#555 1 01 /25/11 ARTICLE 1 SCOPE OF SERVICES 1.1 CITY shall perform all services identified in this Agreement in accordance with the Grant Program Guidelines attached hereto as Exhibit 'A" the Grant Project Description and schedule (hereinafter referred to as "Project") attached hereto as Exhibit "B," Grant Project Cost/Budget attached hereto as Exhibit "C," and evidence of Project site ownership or lease attached hereto as Exhibit "D." The parties agree that the Project Description is a description of CITY's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipments, and tasks, which are such an inseparable part of the work described, that exclusion would render performance by CITY impractical, illogical, or unconscionable. 1.2 The COUNTY's Grant Program Administrator may approve changes to the Scope of Services, Project description, unit of services, and changes within the categories of expenditures listed in Exhibits "A," "B," "C," provided that the total grant dollars awarded to CITY remains unchanged. The COUNTY's Grant Program Administrator may also approve changes to the Project Description if the revisions are consistent with the grant application and the Grant Program guidelines, and the revisions do not diminish the quantity or quality of services to be provided. 1.3 For Projects where the site was not acquired utilizing 2000 Broward County Safe Parks and Land Preservation Bond funds, CITY agrees to execute a Declaration of Restrictive Covenants, in a form acceptable to the County Attorney's Office, ensuring that the Project, when completed, shall be utilized for public recreational purposes for a minimum of twenty-five (25) years. The Declaration shall be recorded in the Official Records for Broward County, Florida, pursuant to Section 28.222, Florida Statutes. CITY further agrees to return to COUNTY all funds tendered for the Project in the event the Project becomes utilized during this period for other than the public recreational purposes of the Project. ARTICLE 2 TERM AND TIME OF PERFORMANCE 2.1 The term of this Agreement shall begin on the date Agreement is fully executed by both parties and shall end one (1) year after. CITY may request an extension of up to eighteen (18) months for completion of the Project, subject to approval by COUNTY Administrator. Any extension request shall be in writing and delivered to the Grant Program Administrator at least sixty (60) days prior to the end of the original term. 2.2 CITY agrees that it will comply with the construction time table included in Exhibit "B," attached hereto, excepting bona fide force majeure delays. CAF#555 01 /25/11 ARTICLE 3 COMPENSATION 3.1 COUNTY agrees to pay CITY, in the manner specified in Section 3.3, the total amount of (not to exceed) Twen Eight thousand Six Hundred Twenty Five dollars ($28,626) for Project pursuant to this Agreement. It is acknowledged and agreed by CITY that this amount is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CITY for services and expenses related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CITY's obligation to perform all items of work required by or which can be reasonably inferred for the Project from the Grant Project Description. 3.2 The Grant Program Administrator is responsible for ensuring performance of the terms and conditions of this Agreement and shall approve all requests from CITY for payment prior to payment. CITY shall furnish to the Grant Program Administrator a copy of the Project's construction contract(s) at least thirty (30) days prior to any reimbursement from the COUNTY. 3.3 METHOD OF BILLING AND PAYMENT 3.3.1 Upon completion of the Project and approval by the COUNTY, CITY may submit an invoice(s) for reimbursement in the funding amount set forth herein. The invoice should be received by the Grant Program Administrator's office no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and the expenses incurred. 3.3.2 Documentation as required in Exhibit "A" must accompany any request for payment. Invoices shall be certified by CITY's authorized official. 3.3.3 COUNTY shall pay CITY within thirty (30) calendar days of receipt of CITY's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by COUNTY. Payment may be withheld for failure of CITY to comply with a term, condition, or requirement of this Agreement. 3.4 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 the Grant Program Administrator. The amount withheld shall not be subject to payment of interest by COUNTY. CAF#555 01 /25/11 3.5 If it becomes necessary for COUNTY to demand a refund of any or all funds paid to CITY pursuant to this Agreement, CITY agrees to remit said funds to COUNTY within sixty (60) days after notification. If not returned within sixty-(60) days, CITY agrees that any further CITY requests for funding, as to this or any other program under COUNTY's administration, may be denied until the funds have been returned. 3.6 Payment shall be made to CITY at: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 ARTICLE 4 L.IARILITY CITY is a municipal corporation existing under the laws of the state of Florida, as defined in Section 768.28, Florida Statutes, and is fully responsible for acts and omissions of its agents, contractors, or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties, in any matter, arising out of this Agreement or any other contract. ARTICLE 5 INSURANCE CITY is a municipal corporation existing under the laws of the state of Florida, as defined by Section 768.28, Florida Statutes, as amended, and CITY shall furnish the Grant Program Administrator with written verification of liability protection, in accordance with state law prior to final execution of this Agreement. ARTICLE 6 TERMINATION 6.1 This Agreement may be terminated for cause by action of the Board or by CITY upon thirty (30) days written notice by the party that elected to terminate, or for convenience by action of the Board upon, not less than, ten (10) days written notice by the Grant Program Administrator. Grant Program Administrator may terminate this Agreement upon such notice, as the Grant Program Administrator deems appropriate under the circumstances, in the event the Grant Program Administrator determines that termination is necessary to protect the public health, safety, or welfare. 6.2 Notices shall be provided in accordance with "NOTICES" section of this Agreement (Section 8.6); except that notice of termination deemed by the Grant Program CAF#555 01 /25/11 Administrator necessary to protect the public health, safety, or welfare may be verbal and promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 6.3 In the event this Agreement is terminated for convenience, CITY shall be paid for any services performed to the date this Agreement is terminated; however, upon being notified of COUNTY's election to terminate, CITY shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CITY acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CITY, is given as specific consideration for COUNTY's right to terminate this Agreement for convenience. 6.4 COUNTY shall have the right to terminate this Agreement and demand refund of Program funds provided to CITY for noncompliance with the terms and conditions of the Program guidelines. Failure to comply with these terms and conditions shall result in COUNTY declaring CITY ineligible for further participation in the Program until such time as CITY complies therewith. 6.5 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 8.1. ARTICLE 7 FINANCIAL STATEMENTS 7.1 CITY hereby gives COUNTY, through any authorized representative, access to, and the right to, examine all records, books, papers, or documents relating to the Project. 7.2 CITY 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. 7.3 CITY agrees and understands that all funding authorized under this Agreement shall be used only for eligible activities specifically outlined in this Agreement. CITY agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. 7.4 Within thirty (30) days of receipt by CITY, CITY 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 CITY's grants. The Single Audit Report will encompass the controls over grants in general without reference to any specific grant award. CAF#555 01 /25/11 7.5 Failure of CITY to meet these financial reporting requirements shall result in suspension of payment under this Agreement, or any subsequent grant agreement in effect, and disqualify CITY from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 7.6 CITY is required to, and hereby agrees to, account for any program income related to Project financed in whole or part with Grant Program Funds. ARTICLE 8 MISCELLANEOUS 8.1 OWNERSHIP OF DOCUMENT Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by CITY, whether finished or unfinished, shall become the property of COUNTY, and shall be delivered by CITY to the Grant Program Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CITY shall be withheld until all documents are received as provided herein. 8.2 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to inspect the Project, as well as the right to audit the books, records, and accounts of CITY that are related to this Project. CITY shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to this Project. CITY 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 amended), 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 CITY's records, CITY shall comply with all requirements thereof; however, no confidentiality or non- disclosure requirement of either federal or state law shall be violated by CITY. 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. CAF#555 01 /25/11 8.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT CITY shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. CITY's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16Y/z), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. CITY shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, CITY shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CITY shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 161/2), national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CITY shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 8.4 INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY pursuant to this Agreement shall be subject to the supervision of CITY. In CAF#555 01 /25/11 providing such services, neither CITY nor its agents shall act as officers, employees, or agents of COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. 8.5 THIRD PARTY BENEFICIARIES Neither CITY 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. 8.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same, as set forth herein, until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COUNTY: Director Broward County Natural Resources Planning and Management Division One University Drive, Suite 301 Plantation, Florida 33324 FOR CITY: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 8.7 ASSIGNMENT AND PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CITY shall not subcontract any portion of the work required by this Agreement except as authorized by Exhibit "A." CITY 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 Grant Project Description and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CAF#555 01/26/11 CITY shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CITY's performance and all interim and final product(s), provided to or on behalf of CITY, shall be comparable to the best local and national standards. 8.8 CONFLICTS Neither CITY nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CITY's loyal and conscientious exercise of judgment related to its performance under this Agreement. CITY 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 CITY or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CITY is permitted to utilize subcontractors to perform any services required by this Agreement, CITY agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 8.9 AMENDMENTS Except for the provisions set forth in Article 1, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CITY. 8.10 WAIVER OF BREACH AND MATERIALITY Failure by COUNTY 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. CAF#555 01/25/11 8.11 COMPLIANCE WITH LAWS CITY shall comply with all federal, state, local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 8.12 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 CITY 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. 8.13 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein, and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express 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. 8.14 PRIORITY OF PROVISIONS 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, Florida Administrative Code, and Broward County Code of Ordinances, shall prevail and be given effect. 8.15 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 8.16 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not CAF#555 01 /25/ 11 10 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 8.9 above. 8.17 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A," "B," "C," and "D" are incorporated into and made a part of this Agreement. 8.18 MULTIPLE ORIGINALS Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. CAF#555 01 /25/11 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Resolution approved by the BOARD, and CITY OF TAMARAC signing by and through its officer, duly authorized to execute same. WITNESSES: c7.n. Z2 - r.... Owl 4�' f•M 4e.f° M� i r»• � .I �?s nsu ra nceeg irrr�'°'°°y°°a approved by BroVt fr County Risk Management DiV�scrBY61- (;(')IJNTY BROWARD COUNTY, by and through its ounty Administrator By f-County Administrator J 3f -J-'day of )TI t=fj-.,,,._.,. 20 P . Approved as to form by ffice of the County Attorney JON T A ISTRONM CO)a FEY, COUNTY ATTORNEY Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 Deputy/Assistant County Attorney [Remainder of page intentionally left blank] CAF#555 Q 1 /25/11 12 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR BROWARD LAND STEWARDSHIP PROGRAM CITY WITNESSES: ATTEST: City Clerk (CORPORATE SEAL) OF` TAMA9 _ Gar• ESTA�LtSHEO ; p �9 CAF#555 01 /25/11 13 ;CITY OF M —Pcr (insert title) n U day of / �"d `t GN , 201L. APPROVED AS TO FORM: r. ity Attorney EXHIBIT "A" PROGRAM GUIDELINES —PARKS FOR PEOPLE Qualified Applicants Municipalities that own Green Space and Open Space sites acquired through the 2000 Bond Program with development funding already allocated in the municipality's 5-year Capital Improvement Program which are interested in incorporating "green component" standards as described in this application package. Funding Requirement Except as provided in this section, funds from this grant may only be applied to the actual costs incurred in "green components" used in the site development. No part of this grant funding shall be used for project management, administration or overhead costs. The grant funding may not be used to cover costs associated with the preparation, submission or presentation of the funding application, Project Match Requirement This is a supplemental grant award given to municipalities that incorporate "green components" in the development of bond acquired sites. The applicant's cost share is the amount allocated in the 5-year Capital Improvement Plan for the project site equivalent to the applicant's requested amount. Minimum Criteria Applicant must fulfill all minimum criteria to be considered for grant award. Please fill in as appropriate: 1. The grant applicant project site has been acquired through the 2000 Safe Parks and Land Preservation Bond Program; 2. The Final Management Plan for the site has been approved by the Land Preservation and Acquisition Advisory Board (LPAAB) or Board of County Commissioners pursuant to Resolution 2000-1230; 3. Funds for the development of the project site are presently in the municipality's 5 year Capital Improvement Program pursuant to the approved resolution that was recorded along with the interlocal agreement; 4. The site has not yet been developed; or if the site has been developed, proposed amenities are "green" additions to those already in the approved management plan; 5. Funding for site development has not already been provided by the Land Preservation Program through another funding source (Conservation Land Ecological Restoration Plan funds, FCT reimbursement through Challenge Grant, previous Land Stewardship Program Grant). Preference will be given to those project sites that have not received any other funding source CAF#555 01/25/11 14 Green Components Criteria The Land Stewardship Program defines "green components" as products and/or technologies used in site development for public service that reduce the environmental burden associated with traditional technologies, materials or fixtures. For example: the environmental burden associated with improper landscape irrigation systems. Furthermore, "green components" are economically viable products and/or technologies that adhere to County and State regulations; are actively pursued throughout all site development; and are becoming integral in the municipality's building development practices. "Green components" can include: (1) environmentally beneficial landscaping practices; (2) sound irrigation technologies and practices; (3) environmentally friendly and sustainable site development practices, recycled and wood certified materials, etc; (4) energy efficient fixtures; and (5) Interpretation. In a brief narrative, please explain which "green components" your project site utilized and support the choices with a qualitative analysis on cost reductions, consumption costs, energy savings, etc. The following is an ample description of "green components" criteria (in bold) supported by the Land Stewardship Program. These examples do not preclude you from presenting additional practices that can qualify as "green components," as defined by the Land Stewardship Program. Right Plant Right Place Drought tolerant trees and shrubs Drought tolerant grass or groundcover for open play areas Plants grouped according to water needs in zones Plant species which do not require frequent pruning (reduced yard waste) Florida friendly plants for wildlife (i.e., for butterflies, birds, beneficial insects, native wildlife) Plants with greatest water needs closer to buildings for shade and rainfall runoff Mulch Utilization Mulch for groundcovers replaces grass in difficult to reach areas such as narrow strips between beds or in very shady spots Recycled mulch or by-product alternatives (Melaleuca, leaves, pine needles or bark, no cypress mulch) 2" to 3" of mulch over the roots of trees, shrubs and plant beds Sound Irrigation Standards High volume and low volume irrigation systems are soundly designed and operate according to plant zones and water restrictions Automatic rain shut-off devices or smart irrigation technologies installed on sprinkler systems abide to State, County Law and possible water restrictions Water reduction of 50% or more compared to present water utilization CAF#555 01 /25/11 15 Reduced Stormwater Runoff Downspouts and gutters directed to drain into the lawn and planting beds Swales in low areas to collect and filter rainwater Gravel, paver, crushed shell, mulch or other pervious surfaces proposes for trails Protecting the Waterfront Fertilizer and pesticide free area along the shoreline (if present) of at least 10 feet Buffer zone of low -maintenance plants between lawn and shoreline to absorb nutrients and provide habitat for wildlife Planting of native aquatic vegetation behind a seawall (if present) Water Savings Low -flow or reduced flow plumbing for toilets, faucets, fountains Flush -less urinals Material Selection Recycled products for picnic tables, benches, trash bins, playgrounds, restrooms partitions Low or no VOC (volatile organic compound) paints, finishes and/or adhesives Forest certified products if wood will be utilized Pervious concrete, self-cleaning and environmental -clean concrete No more that 10% impervious surface Energy Efficiency Energy efficient lighting Passive or active solar concepts Automatic or time controlled devices Interpretation Interpretive signage to highlight the use of efficient standards for energy and water conservation on site and/or use of native drought tolerant vegetation [Remainder of page intentionally left blank] CAF#555 01/25/11 16 EXHIBIT "B" SPORTS COMPLEX OS-64 -- PROJECT SCHEDULE • Execute Design -Build Contract — Within 30 days of Award • Complete permitting process — Within 60 days of Award • Complete construction — Within 12 months of Award CAF#555 01 /25/11 17 EXHIBIT "C" PROJECT COST AND BUDGET (CIP funding — Grant Request plus matching funds, itemized) Land Stewardship Program Parks for People Grant Program Project Budget Budget Item Grant Fund Amount Matching Funds 3 small picnic shelters @$8,000 ea $24,000.00 3 trash receptacles: $ 1,000.00 5 benches @ $725 ea. $ 3,625.00 CIP $ used from TSC development $ - Total Project Budget CAF#555 01/25/11 18 M $28,625.00 Subtotal $24,000.00 $ 1,000.00 $ 3,625.00 $28,625.00 $67,250.00 EXHIBIT "D REAL. PROPERTY DOCUMENTS (property title or leasehold interest - Per Article 1 — 1.1 Project Scope "A") CFN #i 101367715, OR Bic 34010 Page 1271, Page 1 of 4, Reaoxded 20/28/2002 at 11:43 AM, Broward County Conuaiasion, Doc. D $26990.00 Deputy Clark 3079 This Instrument prepohd by: Gerald L. Knight, Esquirs Holland &Knight Ono East Browerd Blvd., lath Floor Fact Lauderdale, Florida 33801 SPECIAL WARRANTY DEED tr THIS SPECML WARRANTY DEED made the M4 day of October, 200$ by LENNAR LAND PARTNERS, a Florida general partnership, whose poet office address is 1015 North State Road Seven, Bay C. Royal. Palen Beach, FL 33411, ("Grantor'), to C17Y OF TAMARAC, a political subdlvision'of the State of Florida , whose peat office address is 7625 NW 880 Avenue, Tamarac. Florida, and whose Tar I.D. Number is(;'Grantee") (whonever used hereunder the terms "Grantor" and "Grantee" include aA the parties to this instrument and the. heirs, legal representatives and assigns of individuals, and the sucooscora and assigns of corporations); 3 WJTNESSETH: Thai the Grantor, for and in consideration of thin aum of Tan ($10.00) f�I Dollars and othor'voluable consideration, receipt of which is hereby acknowledged, hereby grants, W bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate iu Broward County, Florida, described go follows: JBartel R of 1QN08 PgINT REPLAT, as retarded in flat Book i6G, No 8 of the Public Records of Broward County, Florida, aWa Flags Point Rockford Parcel t"Property'�, SUBJECT TO-. Sao Exhibit "A" attached SUDJECT TO restrictive covenant that the Properly will be used for public purposes only. NOTE: Tax Folio Number of said land is 19106-36-00300. TOGETHER, with all the. tenements, heroditamente and appurtenances thereto belonging or in anywiee appertaining. TO HAVE AND TO BOLD, the same in fee simple forever, AND the Grantor hereby warrants the title to said land and will defend the came against the lawful claims of all persons claiming by, through or under the Orantor. 9 CAF#555 01/25/11 19 i' OR BK 34010 PG 1272, page 2 of 9 I J r IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year first above written. Signed, sealed aaddelivered in o reaenes LENNAR LAND PARTNERS, a Florida general Namt Printed: partnsrehip By; LENNAR HOMES, INC„ a Florida corporation, pursuant to Power of Attorney recorded in Official Records Book 21298, me Prin. Page 824 of the Public Records of Browerd I County, ida. By: D`7 p. Dudley, V' President STATE OF FLORI6A ) COUNTY OF )12 L�Sig(tQJ7U9M > as.: The foregoing instrument was acknowledged before me this 1 %s of October, 2002, by .day Doyle D. Dudley, as Vice President of Looney Homoa, Inc., on behalf of the corporation, who is Pgraonsllr kgogvAtame or Lae produced as 3dantitcation. of JDANM MU NYCetairSlpVetlessi179 tlWXl�iiowntarse,tmt rrwewewntueusnen CAF#555 01/25/11 20 OR UK 34010 VG 1273, Page 3 of 4 I i EXHIBIT *W 1. Real property and school taxes and assessments for year 2003 and theroafter, 2. Conditions and restrictions of record that are common to the eubdivieion or neighborhood; S. Applicable zoning ordinances, if any; 4. Reservations for canal rights and road right of way of record; 5. Restrictions, conditions, reservations, easements, and other matters contained on the Plot of ROCKFORD, as recorded in Plat Book 151, Page 37, of the Public Retards of Brovard County, Florida. G, Revocable License Agreement recorded in O.R. Book 22079, Page GGG, 7. Recreational Impact Agreement recorded in OA, Hook 19552, Page 39. 6, Road Impeot Agreement recorded in O.R, Book 19681, pago L 8, Power of Attomoy recorded in O,B. Book 27298. Page 824 and 827, 10. Restrictions, covenants and oonditions as contained in the Agreement to Compromise, Sattla, v Releaes and Discharge all Claims and Obligations recorded In O.R. Book B40D, Pago 146. 11. Restrictions, covenants and conditions as contained' in the CATV Agreement attached to Affidavit recorded in O.R. Book 15880, Age 879, A•aignment of Easements and Agreements recorded in O.R. Book 15880, Page 900 and Affidavit recorded in O.R. hook 19576, Page 724. 12. Restrictions, covenants and waditioaa as coataimd in Agreed Final Order Approving Stipulation and Settlement Agreement recorded is O.R. Book 20229, Page G49, 13, Restrictions, conditions, reservations, easements, and othir matters contained on the Plat of KING POINT REPLAT, ae recorded in Plat Book 156, Page S. of the Public Records of Broward County, Florida, 14, Agreement between Broward County and [aanar Ilomes, Inc. Phasing the Installation of Required Road Improvements Relating to Kinga Point RePlat, as recorded in O.R, Book 22005, Page 824. 15. Reatrlctiona, conditions, reservations. easements, and other mattere contained an the Plat of EXETER, as recorded in Plat Book 150, Page 46, of the Public Recorda of Broward County. Florida, 16. Kings Point Landscape Agreement as containad in the instrument recorded in 01. Book 25253, Page 520. 17. Reservations is favor of the State of Florida, as Bat forth in the dead from the Truataes of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 114, Page 365, CAF#555 01 /25/11 21 OR BX 34010 B(3 1274, Page 4 of 4 f and Deed No. 18928, recorded in Deed Book 466, Page 142, as affected by the instrument recorded in D.R. Book 8801. Page 628. 18. Reservation in favor of Beard of Commiaaionere of Evergladea Drainage District as contained in Deed No, 228, recorded in Dead Book 487, Page 326, as affscted by the I inatrumant recorded in D.R. Book 4096, Page 868, and RIt Book 6085, Page 619. 19. Covenants, conditions and restrictions recorded 211177, in D.R. Book 8892, Page 911. 20. Tamarac Utilities Weat, Water and Bawer Utility Basement contained in instrument recorded 8/61189, in D.R. Book 1649I, Page 9". 21. Irrevocable Option contained In instrument recorded 12128/89, in O.R. Bock 17041. Pago 478. 22, Private Ingress and Egress Easement as net forth in Instrument recorded in Q.R. Book 17041, Page 482. ' 23, Restrictions, covenants and conditions as contained in the Agreement with Tamarac Utilities recorded is O.B. Book 4087, Page 901; as partially released in O.R. Book 462G, Page 668 and O.R. Book 5468. Page 182. 24. Twenty foot easement for utility, drainage and onaal maintenances as recited by deed recorded in O.R, Book am. Page 711. 25, Restrictions, aovananta and conditicna as contained in the Agreement to Limit Constructions of Dwelling Unite recorded in O.R. Hook 0642, Pop 82, 26. Recreational Impact Agreement recorded in OR. Book 22006. Page 010. FTLI #606039 vl GAF#555 01/25/11 22