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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-158Temp. Reso. #TR11722 Page 1 October 29, 2009 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009_,� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE AMOUNT OF $69,400 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 ONE TO ONE MATCH OF $69,400 AVAILABLE THROUGH THE CIP BUDGET OF THE PROJECT; 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, the City of Tamarac applied to the . Broward County Land Stewardship Program for a grant in the amount of $69,400 to develop Waters Edge Park for public outdoor recreation and was awarded the grant; and WHEREAS, the Assistant City Manager and Director of Parks and Recreation recommend acceptance of grant funds and execution of a Project Agreement between Broward County and the City of Tamarac for grant funding for Waters 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 Temp. Reso. #TR11722 Page 2 October 29, 2009 grant funding for Waters Edge Park and to execute an Agreement between Broward County and the City of Tamarac for grant funding in the amount of $69,400, providing for a one to one match of $69,400 available through the CIP budget of the project in the amount of $69,400, 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 $69,400 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 in the amount of $69,400, providing for a one to one match of $69,400 available through the CIP budget of the project, for the development of Waters Edge Park. The Agreement is attached hereto as "Exhibit A" which is incorporated herein by this reference. Temp. Reso. #TR11722 Page 3 October 29, 2009 SECTION 4: The appropriate City Officials are HEREBY authorized to amend the Grants Fund budget for the Waters Edge Park project in the amount of $69,400 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. SECTION 5: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. 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. 1 1 Temp. Reso. #TR11722 Page 4 October 29, 2009 SECTION 7: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 0&- day of , 2009. ATTEST: ARIOR+SWE'NSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. / IIJ14 — '✓ A . GOREN C A ORNEY MWO/I � mrffi ffl%/00' NNIVRmom, � mve"v MAYOT RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD_ � DIST 3: COMM GLASSER DIST 4: COMM DRESSLER AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for WATERS EDGE PARK through the CFN # 109034214 OR BK 46739 Pages 1691 - 1710 RECORDED 12/17/09 12:55:37 BROWARD COUNTY COMMISSION DEPUTY CLERK 1922 #1, 20 Pages 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 under the 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: «flVur f?Y CAF#555 Subrnii;ted By 10/16/08 1 d RETURN TQ DoctiMCNIC (;(?Mr q e o(c 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. CAF#555 10/16/08 2 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) Sixty-nine thousand four hundred Dollars ($69,400) 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. CAF#555 10/16/08 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 CAF#555 10/16/08 4 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 CAF#555 10/16/08 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 whether the 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. CAF#555 10/16/08 6 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 16'/2), 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: CAF#555 10/16/08 7 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 16Y) 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 CAF#555 10/16/08 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. CAF#555 10/16/08 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 CAF#555 10/16/08 10 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. CAF#555 10/16/08 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. COUNTY WITNESSES: BROWARD COUNTY, by and through its aw County Administrator BCoulry Administrator Q4, 204. � i IN+, °a '= Vi to form by ce of a County Attorney •41;e,.,. Je • .Newton, County Attorney coward County, Florida Go"Iiernmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Insurance requirements Telephone: (954) 357-7600 approved by Broward County Telecopier: (954) 357-6968 Risk M na ement Division By BYQ.sL- Deputy/Assistant County Attorney [Remainder of page intentionally left blank] CAF#555 10/16/08 12 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR BROWARD LAND STEWARDSHIP PROGRAM I ATTEST: City Clerk (CORPORATE SEAL) CITY CITY OF TAMARAC t City Manager (insert title) 417 day of 16L , 20. APPROVED AS TO FORM: CAF#555 10/16/08 13 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 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 • Execute Design -Build Contract - Within 30 days of Award • Complete process through DRC — Within 60 days of Award • Complete permitting process — Within 90 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 an 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, itemized) Project Budget Budget Item Grant Fund Amount Matching Funds Multi -use Path(2,000ft @ $24/ft) $ - $ 48,000.00 $ Exercise stations (9 @ $4,378 ea) made from recycled material $ 39,400.00 $ - $ Picnic shelter (102) - recycled material $ 25,000.00 $ - $ Water -saving plumbing fixtures/ energy -saving fixtures/lighting systems and restroom partitions $ Playground equip and safety surface $ Total Project Budget 5,000.00 Subtotal 48,000.00 39,400.00 25,000.00 5,000.00 21,400.00 $ 138,800.00 CAF#555 10/16/08 18 EXHIBIT "D" REAL PROPERTY DOCUMENTS (property title or leasehold interest - Per Article 1 — 1.1 Project Scope "A") 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 05/2110409:12:15 BROWARD COUNTY COMMISSION DOC STMP-D: $10885,00 DEPUTY CLERK 2130 #3, 1 Pages This Indenture, Made this f4 r'`4 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 corporation of the 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 forever, 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 Filly warrant the title to said land, and will defend the same against In Witness Whereof, the grantor has hereunto. set its hand and seal the day and year first abot Signed, se�dedan4AWliv�etl in omr eek sThe Univers' ;ed // & / .�— A reement a L.- 2 By: — Printed ame. w rmain � � Alex Witness as�T l . , P.O. Adc I-Rriated Name; Witness claims of all persons whomsoever. usiness Park Trust June 7, 2002 Individually and :tee 3950 NW 167 Street, Miami, Ft, 33054 (Seal) STATE OF Florida COUNTY OF Broward % , The foregoing instrument was acknowledged before me this r��`l day of May , 2004 by Alex Shather, individually and as Trustee of The University BlAsiness Park Trust Agreement dated June 7, 2002 he is personally known to me or he has roduced his _. � t S (i f , t, a �� � !� j• , � ' as identification. %1+ a e W. Crag Eakin t : MYCOMMISSION# DD162041 EXPIRES Printed Name: ill RAW ]EAKIN lantary 24 2007 Notary PublicBONDFO7NAUTAOYFANNISUAAKF. INC �r My Commission Expires: Q �>di ��,, ;, Ia.er rCcnem'ea by et Di+play Cy.lem+. Ins., 200T (01,)1767-5555 Form Fl.Wn-i