HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-0101
Temp. Reso. #11540
Page 1
December 8, 2008
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009 - / 0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT
IN THE AMOUNT OF $75,000 FROM 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
DEVELOPMENT OF WATERS EDGE PARK;
PROVIDING FOR A MATCH OF $187,595 FOR A
TOTAL PROJECT COST OF $262,595; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING 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, the City of Tamarac applied to the Broward County Land
Stewardship Program for a grant in the amount of $75,000 to develop Waters Edge
Park for public outdoor recreation and was awarded the grant; and
WHEREAS, the Assistant City Manager recommends acceptance of grant
funds and execution of a Project Agreement between Broward. County and the City
of Tamarac for grant funding for Water's Edge Park; 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 Waters Edge Park and to execute the Agreement Between
Broward County and the City of Tamarac for grant funding in the amount of $75,000
Temp. Reso. #11540
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December 8, 2008
with a match of $187,595 for a total project cost in the amount of $262,595; for the
development of recreation and park facilities at Waters Edge Park to serve the
needs of the citizens and residents.
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 $75,000 from Broward County through the Broward County Land
Stewardship Program
SECTION 3: That the appropriate City Officials are hereby authorized to
execute the Agreement between Broward County and the City of Tamarac, attached
hereto and incorporated herein as exhibit 1 for grant funding in the amount of
$76,000 with a match of $187,595 for a total project cost of $262,595, for the
development of Waters Edge Park.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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
1
1
Temp. Reso. #11540
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December 8, 2008
or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this day of , 2009.
ATTEST:
MARION SWEI4 ON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
/S MUE�S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD r
DIST 3: COMM GLASSER 4
DIST 4: COMM. DRESSLER
BR W
COUNTY
ENVIRONMENTAL PROTECTION and GROWTH MANAGEMENT DEPARTMENT
Natural Resources Planning & Management Division
Mailing Address: 1 North University Drive, Suite 301, Plantation, Florida 33324
954-519-1270 • FAX 954-519-1412
February 12, 2009
Diane Phillips
Assistant City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL. 33321
Congratulations,
70 MAR 16 AN 11 � 16
RECEIVED
(gin)' OF TwAPAr
C31TY N/1/\N-,ER
Ce, 44 1
¢ A�
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Enclosed is your signed grant agreement for Waters Edge Park, through the Parks For People Grant
Program.
You may commence any and all aspects of the reimbursable elements associated with the work to be
done at this park site. Please let us know when you have completed the work, and will be submitting
paid invoices for reimbursement.
If you should have any questions along the way, please do not hesitate to contact a member of the
Land Stewardship Program staff.
Thank you and we look forward to a successful and expedited project.
Si erely,
Donald Burge
Land Presery n Administrator
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. • Sue Gunzburger • Kristin D. Jacobs • Ken Keeehl • Ilene Lieberman • Stacy Ritter • John E. Rodstrom, Jr. - Diana Wasserman -Rubin• Lois Wexler
www.broward.org
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
WATERS EDGE PARK
through the
BROWARD COUNTY LAND STEWARDSHIP PROGRAM
This Agreement, made and entered into by and between BROWARD COUNTY, a
political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
and
CITY OF TAMARAC, a municipal corporation of the state of Florida, hereinafter
referred to as "CITY,"
WHEREAS, pursuant to the COUNTY's Land Stewardship Program ("Grant
Program"), funding from the 2000 Broward County Safe Parks and Land Preservation
Bond Issue has been made available for the ecological restoration of publicly -owned
natural lands and sustainable development of passive recreation parks in an expeditious
manner; and
WHEREAS, the Broward County Board of County Commissioners ("Board") has
determined that these expenditures serve a COUNTY purpose and are authorized by the
2000 Broward County Safe Parks and Land Preservation Bond Program; and
WHEREAS, CITY has been awarded funding underthe Grant Program for Waters
Edge Park; and
WHEREAS, the COUNTY consents to provide for the dissemination of Grant
Program funds to CITY for reimbursement of activities consistent with the Program;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, covenants, and payments hereinafter set forth, COUNTY and CITY agree as
follows:
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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 up to one (1)
extension of up to six (6) 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
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.
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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) Seventy-five thousand Dollars 75 000 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) within fifteen (15) days of full execution
of Agreement.
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.
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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 88 Avenue
Tamarac, FL. 33321
ARTICLE 4
LIABILITY
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
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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 Within one hundred twenty (120) days after the expiration of this Agreement, CITY
shall provide to COUNTY two (2) copies of a schedule of revenues and
expenditures and special report on specific accounts to account for services and/or
projects during CITY's fiscal years for which funds were provided. The report shall
be prepared by an independent certified public accountant or CITY's internal auditor
in a form acceptable to COUNTY Auditor. The schedule of revenues and
expenditures shall include:
a. All revenues relating to the services and/or Project classified by the source of
the revenues.
b. All expenditures relating to the services and/or Project classified by the type
of expenditures, to include the criteria set forth in Exhibits "A" and "B" of this
Agreement.
7.2 If the special report is prepared by an independent certified public accountant, it
shall be in accordance with Section 623 of the Codification of Statements on
Auditing Standards as promulgated by the American Institute of Certified Public
Accountants. If the special report is prepared by CITY's internal auditor, it shall be
as nearly in accordance with those sections as the status of the internal auditor
permits, realizing that the internal auditor may not issue the opinions required
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therein. A transmittal letter signed by CITY's internal auditor must accompany the
special report. The special report shall include:
a. The statement, "No funds, including interest earned on such funds, are due
back to the County" or, it shall include a listing of funds, including interest
earned on such funds, which are due back to COUNTY.
b. An opinion (finding, in the case of an internal auditor) as to whetherthe funds
received under the applicable grant agreement with COUNTY have been
expended in accordance with this Agreement.
7.3 The special report shall include all requirements of Section 7.2 above for the entire
scope of the services or Project covered by this Agreement, even if a part of the
services or Project were performed during the previous fiscal year(s) or continue
past the end of CITY's current fiscal year.
7.4 Any corrections to the special report requested by COUNTY shall be made and
submitted to COUNTY, in writing, within sixty (60) days after written request is
received.
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 acknowledges submission of financial statements to any other Broward
County office, agency, or division does not constitute compliance with requirements
to submit that material to the Grant Program Administrator for this Agreement.
7.7 CITY agrees to reimburse COUNTY any and all funds not used in strict compliance
with this Agreement.
ARTICLE 8
MISCELLANEOUS
8.1 OWNERSHIP OF DOCUMENTS
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.
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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.
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 16Y2), 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:
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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 16Y2), 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'/2) 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
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
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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 88 Avenue
Tamarac, FL. 33331
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.
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.
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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.
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
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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
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.
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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-
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BROWARD COUNTY, by and through its
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By
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Approved as to form by
Office of the County Attorney
Jeffrey J. Newton, 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
By VO--.e-C f 2.� G ,
Deputy/Assistant County Attorney
[Remainder of page intentionally left blank]
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
BROWARD LAND STEWARDSHIP PROGRAM
ATTEST:
City Clerk"'
(CORPORATE SEAL)
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CITY
CITY OF TAMARAC
By �.
Q (insert title)
day of -200V
APPROVED AS TO FORM:
13
Y
Ciity Attorney
FXHIRIT "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 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
10/16/08 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 2-page 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 conservation measures in irrigation reduction of 50% or more compared to
present water utilization
Reduced Stormwater Runoff
CAF#555
10/ 16/08 15
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
[Remainder of page intentionally left blank]
CAF#555
10/16/08 16
EXHIBIT "B"
WATERS EDGE PARK OS-117 — PROJECT SCHEDULE
(to be inserted for the Project)
• Complete design — Within 30 days of award
• Complete process through DRC — Within 60 days of award
• Complete bid package — Within 90 days of award
• Negotiate Contract/ Issue notice to proceed — Within 150 days of award
• Complete construction — *Within 18 months of award
* City will endeavor to complete elements within 12 months of award, but may need to
request extension as provided for in section 2.1 of the agreement
CAF#555
10/16/08 17
EXHIBIT "C"
PROJECT COST AND BUDGET
(CIP funding — Grant Request plus invoice form)
Land Stewardship Program
Parks for People Grant Program
Water's Edge Park Phase 1
Project Budget
Budget Item
Grant
Fund Amount
Matching Funds
Subtotal
Recycled Rubber Safety Surface
$
20,000.00
$
10,000.00
$
30,000.00
Playground Equipment
$
-
$
40,000.00
$
40,000.00
Parking Area (inc. recycled stops)
$
500.00
$
20,000.00
$
20,500.00
Security Lighting
$
-
$
10,000.00
$
10,000.00
Recycled Plastic Bike Rack
$
200.00
$
500.00
$
700.00
Recycled Plastic Benches (4)
$
2,000.00
$
1,120.00
$
3,120.00
Recycled Plastic Picnic Tables (6)
$
-
$
4,300.00
$
4,300.00
Recycling Station
$
-
$
1,500.00
$
1,500.00
Education Kiosk (recycled content)
$
300.00
$
-
$
300.00
Picnic Shelter/pavillion
$
-
$
27,000.00
$
27,000.00
Clearing & Grubbing (exotic removal)
$
30,000.00
$
30,000.00
Live Oak (100)
$
30,000.00
$
-
$
30,000.00
Gumbo Limbo (8)
$
2,000.00
$
-
$
2,000.00
Crape Myrtle (21)
$
3,675.00
$
3,675.00
Sabal Palm (100)
$
20,000.00
$
-
$
20,000.00
Mulch/Stalking
$
4,500.00
$
4,500.00
Irrigation
$
-
$
35,000.00
$
35,000.00
Total Project Budget
$
262,595.00
CAF#555
10/16/08 18
EXHIBIT "D"
REAL PROPERTY DOCUMENTS
(property title or leasehold interest - Per Article 1 — 1,1 Project Scope "A")
(See Attached Warranty Deed)
CAF#555
10/16/08 19
This Document Prepared By and Return to:
W. Craig Eakin, Esquire
W. Craig Eakin, P.A.
2900 E Oakland Park Blvd.
Fort Lauderdale, FL 33306
Parcel ID Number: 19110 - 21- 0 010 0
Warranty Deed
INSTR # 104016918
OR BK 37510 Pages 1522 - 1522
RECORDED 05/21/0409:IZ15
BROWARD COUNTY COMMISSION
DOC STMP-D: $10885,00
DEPUTY CLERK 2130
#3, 1 pages
Phis Indenture, Madc this lij r r day of May , 2004 A.D. , Between
Alex Shather, individually and as Trustee of The University Business
Park Trust Agreement dated June 6, 2002
of the County of Miami -Dade , State of Florida , grantor, and
City of Tamarac, a municipal corporatio.a of tale State of Florida
whose address, is:
7525 NW 88 Avenue,
Tamarac,
FL 33321
of, the County of
Broward
State of Florida , grantee.
Witnesseth that the GRANTOR, for and in consideration of the sum of-
------------------------ TEN DOLLARS ($10)----------------------- DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE„ the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE. and GRANTEE'S heirs, successors and assigns fitrever, the following described land, situate,
lying and being in the County of Broward State of Florida to wit:
All of SUMMIT PROFESSIONAL COMPLEX, Less the West Two Hundred
Forty -Nine feet (W2491) thereof, according to the Plat thereof, as
recorded in Plat Book 101, Page 29, of the Public Records of Broward
County, Florida.
Subject to restrictions, reservations and easements of record, if
any, and taxes for the year 2004 and all subsequent years.
and the grantor does hereby fully warrant the title to said land, and will defend the same against law claims of all persons whomsoever.
In Witness Whereof, the grantgr_has hereunto set its hand and seal the day and year first ahov written.
Signed, sealed and.d��ivered
Printed ame.
Witness
in 00rp•re"set>tfic: The Univers'
" ''✓ Agreement
r
....P. ranted Name: 'Ad4AMY-���
Witness
By: -- -
usiness Park Trust
June 7, 2002
Alex her, Individually and
as r tee
P.O. Add, s: 3950 NW 107 Street, Miami, hL 33054
(Seal)
STATE, OF Florida
COUN'rY OF Broward
The foregoing instrument was acknowledged beforeme thisI I. day of May , 2004 by
Alex Shather, individually and as Trustee of The University Easiness
Park Trust Agreement dated June 7, 2002
he is personally known to me or he has produced his � L Ok I �-'•f- t' ; j t r . �' a r ' • � � as tdl,nttficatinn.
Y,
�,, W. Craig Eakin
.= MYCOMMISSION# DD162041 EXPIRES Printed Name p
•• EAKIN
A.P�' 7anuary26,2007 Notary Public Pij�
n BONDED THRUTROY FAIN MURANC�INC
My Conurtissiun Expires:
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