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HomeMy WebLinkAboutCity of Tamarac Resolution (297)Temporary Reso. 9934 --- October 23, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 2002- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR GRANT FUNDING THROUGH THE BROWARD COUNTY CULTURAL AFFAIRS COUNCIL DESIGN ARTS PROGRAM IN THE AMOUNT OF $15,000 WITH A LOCAL CASH MATCH IN THE AMOUNT OF $15,000 FOR A TOTAL PROJECT COST OF $30,000 FOR THE CONCEPTUAL DESIGN OF SOUTHGATE LINEAR PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to design a linear park along Southgate Boulevard; and WHEREAS, the City has undertaken conceptual design and traffic analysis for a Southgate Boulevard linear park; and WHEREAS, the City Commission of Tamarac via Resolution No. R-2002-167 authorized an application in the amount of $15,000 to the Broward County Department of Cultural Affairs Design Arts Grant Program, providing for a City cash match in the amount of $15,000 for total project costs of $30,000 for design of a linear park along Southgate Boulevard; and [l Temporary Reso. 9934 — October 23, 2002 Page 2 WHEREAS, the City of Tamarac°s application to the Broward County Department of Cultural Affairs for grant funding in the amount of $15,000 for design of a linear park along Southgate Boulevard was approved for funding; and WHEREAS, the City Manager and the Director of Parks & Recreation, recommend approval; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an agreement (hereto attached as Exhibit A) between the City and Broward County for the Broward Culturai Affairs Design Arts Program accepting grant funding in the amount of $15,000 for design of a linear park along Southgate Boulevard to enhance recreation and park facilities within the City of Tamarac to serve the needs of our 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. 1 Temporary Reso. 9934 — October 23, 2002 Page 3 Section 2: The appropriate City Officials are hereby authorized to execute the grant agreement (hereto attached as Exhibit A) between the City and Broward County for the Broward Cultural Affairs Design Arts Program for grant funding in the amount of $15,000 for the design of a linear park along Southgate Boulevard. Section 3: The appropriate City Officials are hereby authorized to amend the grants fund budget in the amount of $15,000 and appropriate said funds including any and all subsequent budgetary transfers in accordance with proper accounting procedures. Section 4: All 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 or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 0: This Resolution shall become effective immediately upon its adoption. Temporary Reso. 9934 — October 23, 2002 Page 4 PASSED, ADOPTED AND APPROVED this 23`d day of October, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK A HEREBY CERTIFY that I have JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1; V/M. PORTNER DIST 2� COMM. MISHKIN DIST 3. COMM. SULTANOF DIST 4: COMM. ROBERTS AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC. FLORIDA for BROWARD CULTURAL AFFAIRS COUNCIL CULTURAL GRANT PROGRAM GOVERNMENTAL ENTITY GRANT PROGRAM AMOUNT PROGRAM # Design Arts Program $15,000 DAP01-2003 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC, FLORIDA for BROWARD CULTURAL AFFAIRS COUNCIL Design Arts 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," • CITY OF TAMARAC FLORIDA, a political subdivision of the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, the Broward Cultural Affairs Council recommends funding to assist the CONTRACTOR with approved expenses as defined in the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Council Grant Program Guidelines; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose and are authorized by Section 1-90 of the Broward County Code of Ordinances; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator -The Director of the Broward County Cultural Affairs Division or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. 1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of County Attorney pursuant to Section 4.03 of the Broward County Charter. 1.5 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES CONTRACTOR shall perform all services identified in this Agreement, its grant application as amended, and Exhibit "A. CONTRACTOR shall provide to the COUNTY a Project Evaluation Report for each project funded through this Agreement on the prescribed form provided by COUNTY. The Project Evaluation Report shall be filed with the Contract Administrator no later than thirty (30) days after the completion of the Project. Failure of the CONTRACTOR to submit a completed Project Evaluation Report shall disqualify the CONTRACTOR for all grant awards until requirements of the specific program guidelines and this Agreement have been met. ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on September 30, 2003._ ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the mannerspecified in Exhibit "A" and Section 4.3, the total amount of $15,000 forwork actually performed and completed pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY'S K BCAC2002.GOV Rev. 07102 obligation to compensate CONTRACTOR for services and expenses related to this Agreement. 4.2 CONTRACTOR agrees to provide matching funds as set forth in the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Grant Program Guidelines, for applicable grant programs and as more specifically shown in Exhibit "A." 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit an invoice for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. The final invoice must be received no later than sixty (60) days after this Agreement expires. - 4.3.2 Documentation as required in Exhibit "A" must accompany any request for reimbursement. Invoices shall be certified by the CONTRACTOR'S executive director or an authorized officer. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR'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 CONTRACTOR to comply with a term, condition, or requirement of this Agreement. CHANGES IN SCOPE OF SERVICES 5.1 Upon written request by the CONTRACTOR, the Contract Administrator may approve changes in the categories of expenditures listed on Exhibit "A." 5.2 Pursuant to the Broward County Administrative Code, Section 29.17(f)(2), the Broward Cultural Affairs Council may approve changes to the Scope of Services, project description and unit of services provided that the total grant awarded remains unchanged, the revisions are consistent with the grant application and the grant guidelines, and the revisions do not diminish the quantity or quality of service to be provided. 3 BCAC2002.GOV Rev. 07102 5.3 Changes to the Scope of Services or categories of expenditures pursuant to this Article shall be in writing, signed by the CONTRACTOR and the Contract Administrator. ARTICLE 6 GOVERNMENTAL IMMUNITY Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. CONTRACTOR is a state agency or political subdivision as defined in Chapter 768,28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 7 INSt1RANC;F CONTRACTOR is a state agency as defined by Section 768.28, Florida Statutes, and CONTRACTOR shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this agreement. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by CONTRACTOR upon thirty (30) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than ten (10) days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. An erroneous termination for cause shall be considered a termination for convenience. 8.2 Cause for termination of this Agreement shall include, but not be limited to, negligent, intentional, or repeated submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement, or multiple breach of this Agreement which has a material adverse effect on the efficient administration of the Project notwithstanding whether any such breach was previously waived or cured. 4 BCAc2002.GOV Rev. 07/02 8.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8A In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of COUNTY'S election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration for COUNTY'S right to terminate this Agreement for convenience. ARTICLE 9 FINANCIAL STATEMENTS_ 9.1 Pursuant to the Broward County Administrative Code, Section 29.17(c)(2), any contractor receiving Five Thousand Dollars ($5,000.00) or less in anyone COUNTY fiscal year must submit Exhibit "B," Project Evaluation Report, with all required information, including financial information, and file with the COUNTY within thirty (30) days after completion of the project. 9.2 Contractors receiving only Design Arts Program funding in any one fiscal year are exempt from the annual certified financial statement requirements for that fiscal year, but must submit Exhibit "B," Project Evaluation Report, with all required information, including financial information, and file with the COUNTY within thirty (30) days after completion of the project. 9.3 Any contractor receiving more than Five Thousand Dollars ($5,000.00) in any one County fiscal year must submit a Special Report including audited and certified financial statements prepared in accordance with Generally Accepted Accounting Principles and audited by an independent Certified Public Accountant. CONTRACTOR shall provide to the Contract Administrator two (2) copies of each of the annual financial statements as required in this section. Said annual financial statements shall be submitted to Contract Administrator within one hundred eighty (180) days after the close of the CONTRACTOR'S fiscal years in which the CONTRACTOR accounts for funds received under this Agreement. No extensions will be granted for the audited and certified financial statements. The special report shall be prepared by an independent certified public accountant or the 5 BCAC2002.GOV Rev. 07102 governmental entity's internal auditor in a form acceptable to the Broward County Commission Auditor. 9.4 Financial statements shall include a statement of financial position, a statement of activities, and a statement of cash flows and any management letter(s) thereby generated, in a form acceptable to the Broward County Commission Auditor. CONTRACTOR shall disclose in footnotes or in a statement signed by the executive director, the source and funding received from any governmental entity for any funding of five percent (5%) or more of total revenues. 9.5 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 a governmental entity'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 therein. A transmittal letter signed by the governmental entity'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, a listing of funds, including interest earned on such funds, which are due back to the COUNTY. b. An opinion (finding, in the case of an internal auditor) as to whether the funds received under the applicable grant agreement with the COUNTY have been expended in accordance with this Agreement. C. A schedule of project revenues and expenditures including: all revenues relating to the services and/or project classified by the source of the revenues; and all expenditures relating to the services and/or project classified by the type of expenditures, to include the classifications as set forth in Exhibit "A" of this Agreement. 9.6 The Special Report shall include all financial requirements for the entire scope of the services or project covered by the Agreement, even if a part of the services or project was performed during the previous fiscal year(s) or continue past the end of CONTRACTOR'S current fiscal year. 9.7 Any corrections to the special report requested by the COUNTY shall be made and submitted to the COUNTY within sixty (60) days after written request is received. 6 BCAC2002.GOV Rev. 07102 9.8 Failure of the CONTRACTOR to meet these financial reporting requirements shall result in suspension of payment under this or any subsequent grant agreement in effect and disqualify the CONTRACTOR from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 9.9 CONTRACTOR acknowledges submission of financial statements and/or special report to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to Contract Administrator for this Agreement. 9.10 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. ARTICI F 10 MISCELLANEOUS 10.1 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONTRACTOR that are related to this Project. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR shall make same available at no cost to COUNTY in written form. CONTRACTOR 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, Fla. Stat.), 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, the books, records, and accounts shall be retained and made available until completion of the audit; provided that if audit findings have not been resolved, such records shall be retained until final resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR's records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR. 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. T BCAC2002.GOV Rev. 07102 10.2 NONDISCRIMINATION CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR'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 used as a basis for service delivery. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing any services pursuant to this Agreement. 10.8 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.4 THIRD PARTY BENEFICIARIES Neither CONTRACTOR 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. 10.5 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 8 BCAC2002.GOV Rev. 07102 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 BROWARD COUNTY: Mary A. Becht, Director Broward Cultural Affairs Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301-1829 FOR CONTRACTOR: Kathleen Margoles, Parks and Recreation Department Director City of Tamarac, Florida 7525 NW 88th Ave Tamarac, FL 33321 with a copy to the City Attorney at the same address. 10.6 ASSIGNMENT Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. 10.7 MATERIALITY AND WAIVER OF BREACH COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure 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. 10.8 SEVERANCE In the event 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 CONTRACTOR elects to terminate this Agreement. An election to 9 BCAC2002.GOV Rev. 07102 terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.9 PRIORITY OF PROVISIONS The applicable provisions of the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Council Grant Program Guidelines, are hereby expressly incorporated into this Agreement. 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 contained in Articles 1 through 10 of this Agreement or the Grant Program Guidelines, the Guidelines will first govern, followed by the terms in Articles 1 through 10 of this Agreement. 10.10 JURISDICTION, VENUE, WAIVER OF JURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit and venue for litigation arising out of this Agreement shall be in such state courts. By entering into this Agreement, CONTRACTOR and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement. 10.11 AMENDMENTS Except for the provisions set forth in Article 5, 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 CONTRACTOR. 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. 10 BCAC2002.GOV Rev. 07102 10.13 NO INTEREST Any monies which are the subject of a dispute regarding this Agreement and which are not paid by COUNTY when claimed to be due shall not be subject to interest. All requirements inconsistent with this provision are hereby waived by CONTRACTOR. 10.14 REPRESENTATION OF AUTHORITY The individuals executing this Agreement on behalf of any entity do hereby represent and warrant that they are, on the date of this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of their principal. 10.13 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 10.14 COMPLIANCE WITH LAWS CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.15 COUNTERPARTS This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 11 BCAC2002..G©V Rev. 07102 AGREEMENT BETWEEN BROWARD COUNTY AND City of Tamarac, Florida FOR BROWARD CULTURAL AFFAIRS COUNCIL CULTURAL GRANT PROGRAM IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through the County Administrator, authorized to execute same by Resolution approved by the BOARD, and City of Tamarac, Florida, signing by and through officer, duly authorized to execute same. COUNTY WITNESSES: IN BCAC2002.Gov Rev. 07102 BROWARD COUNTY, through its Broward County Administrator Roger J. Desjarlais County Administrator day of 20 Approved as to form by Office of the County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357--7641 Rebecca L. Keeler Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, Florida FOR BROWARD CULTURAL AFFAIRS COUNCIL CULTURAL GRANT PROGRAM LANNI�� i City Clerk RLK:wp 07/31 /02 BCAC2002.GOV #02-110.01 BCAC2002.GOV Rev. 07/02 CONTRACTOR CITY OF TAMARAC, FLORIDA ignature) Joe Schreiber, Mayor (Print Name and Title) (SigA ature) Jeffrev L. Miller. Citv Manaaer (Print Name and Title) day of 20 Re ie d d_a1p roved.as to form: 1 -� City Attorney is] EXHIBIT "A'° CONTRACTOR has been awarded grants under the following grant programs and in the amounts specified: Design Arts Program $15,000 DAP01-2003 Funding for each program shall be paid to CONTRACTOR by COUNTY in accordance with the following: City of Tamarac Design Arts Program DAP01-2003 Scope of Services: The CONTRACTOR: City of Tamarac, Florida, agrees during the term of this Agreement to retain the services of the professional design team: the firm of Glatting Jackson, Rick Durr and David Barth, and a local art consultant Ray Olivero, to provide design development services, cost estimations, and to facilitate a series of public meetings to identify and create design concepts for the proposed Southgate Linear Park project. The design team will also use the public meetings to discuss an over-all concept, or vision, that enhances, or develops, the existing sense of place for the Westwood 24 Homeowner's Association and the neighborhoods adjacent to the proposed Southgate Linear Park project. The design team will also use the public meetings to discuss a cultural visual identity, cultural development needs for the neighborhood(s) and the municipality, and to present the professional design team's final drawings and reports. A. CONTRACTOR agrees to complete a minimum of four (4) of public meetings and community workshops where the design team will elicit input and participation from the residents in the neighborhoods that comprise the Westwood 24 Homeowner's Association and the CONTRACTOR's adjacent communities (Westwood 23 and Sanibel). These public meetings and community workshops will be used to determine the primary issues for consideration in the design development and creation of design concepts, amenities, and features, for the proposed Southgate Linear Park project. The public meetings will also be used to discuss and elicit input and participation from the residents for creation of a cultural visual identity and to receive input on the assessment of the cultural development needs for neighborhood(s) and the municipality. The final round of public meetings will be used for the presentation of final conceptual designs, drawings, and plans for the Southgate Linear Park project and to further refine and develop recommendations for future public art projects within the proposed Southgate Linear Park, and the cultural identity of the City of Tamarac. 14 BCAC2002.GOV Rev. 07102 B. CONTRACTOR agrees to complete a preliminary narrative report on the results of the public meetings and community workshops, and preliminary sketches of the concepts for the proposed Southgate Linear Park project (to include specific examples of site planning and schematic designs). These items will be provided to the Contract Administrator ten (10) months following execution of this Agreement. C. CONTRACTOR shall complete the final conceptual designs, drawings, and cost estimates for the Southgate Linear Park project. The final schematic designs will be presented to the COUNTY on oversized foam board suitable for presentation and also reduced to 8%" by 11" sheets. This information should suitable for presentation for individual or collective design commissions that could lead to design development and construction. Final submission should include drawings as described above, narrative description, cost estimations and implementation budget for design components. CONTRACTOR shall also complete a final narrative report describing the municipality's proposed cultural visual identity and cultural development and public art needs as a result of the Southgate Linear Park project public meetings. Final submission for the above is due no later than one (1) month following the expiration of this agreement. II. Definition of Unit(s) of Service(s): A unit of service is defined as the performance of the complete scope of services. The COUNTY agrees to purchase one unit of service, reimbursing the CONTRACTOR's cost for contracting with the professional design team: the firm of Glatting Jackson, Rick Durr, and David Barth, and a local art consultant Ray Olivero for this project, after the entire project is completed, in an amount not to exceed $15,000. III. Required documentation of services rendered: In addition to the documentation and deadline requirements specified above, CONTRACTOR shall provide with its invoice copies of the design professional's invoice(s) for which CONTRACTOR seeks reimbursement. The design professional's invoice(s) must include information which clearly relates all amounts billed to the requirements of this Project. Final invoice shall include documentation of the completion of all items, as described in Section I. Exhibit B - Project Evaluation Report is due thirty days after the completion of the project. 15 BCAC2002.GOV Rev. 07/02 Form n EXHIBIT B BROWARD CULTURAL AFFAIRS COUNCIL DESIGN ARTS PROGRAM PROJECT EVALUATION REPORT This project evaluation report must be filed with the Cultural Affairs Division no later than 30 days after the completion of the project. Any corrections to the financial statement requested by the County shall be made and submitted to the County within thirty (30) days after written request is received. Organization: Mailing Address: Project Director: Title: Telephone: Ext: Fax: Grant Award: $ BCAC Grant #: DAP Date project began: Date project ended: NAME OF PROJECT: Explain the organization's use of the grant monies, providing specific details about the Design Arts Program project(s), activities funded (i.e. what, when, for whom), and summarizing the impact of this grant to the organization. Form 2. DESIGN ARTS PROJECT FINANCIAL INFORMATION: Project Cash Expenses Design Arts Program Funds Organization & other funds Total Outside Professional Services $ $ $ Artistic $ $ $ Other $ $ $ Travel $ $ $ Remaining Operating Expenses $ $ $ Total Cash Expenses $ $ $ 3. ATTACHMENTS Enclose two first generation copies of the products that have resulted from the grant: i.e. Black and white, or colored rendered graphic presentations, diagrams, final drawings, planning documents, design renderings, and/or photos of study models. Enclose all of the organization's promotional materials with the Broward County logo and attribution statement. Copies of invoice(s) documenting the Contractor's costs for hiring the professional design Services (architect, landscape architect, design artist, artist, urban planner, etc.), to verify the Contractor's expenditures. Contractor shall document expenditures on each category for each unit of service. Narrative/Executive Summary - Explanatory narrative should be minimal but sufficient for a reviewer to understand the fundamental principals of the design concept, or plan. The narrative should illustrate, at a minimum, the following: Response to community context. Innovations, or design elements, addressing sustainable design. Solution to an identified site, purpose, or problem. CERTIFICATION It is certified that the information provided is true and correct, and the expenditures were incurred solely for the purpose of the grant activity. Signature of Authorized Officer: Name Printed: Title: Signature of person who prepared report: Name Printed: Title: Date : For BCAC use only Date Received: GACUL AFF\GRANTS\GUIDELINES 2003\FORMS\FORM 0 DE, IGN,ARTS PROGRAM DOC Rtevised :3/02 BR WARD 1033 Jlt�l - 2 Al 10: i 2 CULiJRAL. AF�AIP S DIVISION 100 `>. And ow ; Ave nun • Fc i't; i.astrMY nonch 33301 • 954 57 74.57 ° FAX 954-357-5769 RECEIVED .i<.,a> �.: a c:reai;:a°:! sa,}, 002 � J�OF" TAMARAC i'ls. Kimberly Perron t: ity of'I ;.amarac. 7:525 NUV W Ave. faaaaarac:. F[, 33321. S Iject: Broward. Cultural Affairs Council FY 2003 Exccaatcd (br nt .h,gwement(s) _ DAP01-20()3 Dear Ms. Perron: iS your fully executed grant apcontsig between Broward. Cnuatty and Oty ofAnuumc in the amain( of `615,000 for the FY 2W'3 Desipn Arts Program. 1. '' nifs raj Scl"vic•e Invoice is enclos4:d. It is ortr recommendation that yotz >oscr-t the Scope of Service (,.�x°c ctly as it appears in Exhibit A (,,' Ow grant agrct amcnt) where inchcafa.:.'? on the Invoice, then make ora diJplc ;.,,opies for- your use in subrarit.tira;_ iirtrrr'c ilrvoiCCs. .`1i oidd it be necessary to change yoa.ra 1myect in any way, please use 1;13ts ko, .Shed (ire-inl C'ftrrrrge Reglfest i orna to inform Broward Cultural Al'I<mm about the chang0s). Again, your >`tant agreenlent clearly tl :l'a c:,, udlat changes will require f3ro�; wind Cultural Affairs C:onCurrencc ibefsarc implernontation. No ifying the Cultural Affairs Divi5wn Many change after the let is a vi(alrrtion of tlac terms ofthe grant. {pli Xtracnl_ 9 i <, Cultond Affairs Division looks fiwward to le events aruf services pl::am wd by your organization, i';a Nc do rps hesitate to call whawa%,;, you have questions or need <as istaruni concerning grant isi.fministration. If you have any .lc<c ;ii mms:.; please Call me at (954) 35'V"75 at; m ,lames Shermer at OS P 3570501 „`t af"w's'alNrti (o,u) , Specialist To= County Road of County Com=onm u F�JqNlNi0r1, II - Gen Gnat U • ;iu a iwmarc_ax • MOD InAn :; • II( n{ Lir>Cx:myn • i= Na H QnQ • Pomp R ,t "n Jr. Pam; A Omt �Wn Wld W nW Rubin mwv-lDrowaard.or0%cart°; • Art_; i.inr : MOO) 249-AP7, • • • AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC. FLORIDA for BROWARD CULTURAL AFFAIRS COUNCIL CULTURAL GRANT PROGRAM GOVERNMENTAL ENTITY FY 2003 GRANT PROGRAM AMOUNT PROGRAM ## Design Arts Program $15,000 DAP01-2003 0 AGREEMENT Between BROWARD COUNTY and CITY OF_TAMARAC, FLORIDA for BROWARD CULTURAL AFFAIRS COUNCIL Design Arts Pro ram 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 _ FLORIDA a political subdivision of the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, the Broward Cultural Affairs Council recommends funding to assist the CONTRACTOR with approved expenses as defined in the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Council Grant Program Guidelines; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose and are authorized by Section 1--90 of the Broward County Code of Ordinances; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 0 1.2 Board - The Broward County Board of County Commissioners. 1.3, Contract Administrator- The Director of the Broward County Cultural Affairs Division or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. 1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of County Attorney pursuant to Section 4.03 of the Broward County Charter, 1.5 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES CONTRACTOR shall perform all services identified in this Agreement, its grant application as amended, and Exhibit "A." CONTRACTOR shall provide to the COUNTY a Project Evaluation Report for each project funded through this Agreement on the prescribed form provided by COUNTY. The Project Evaluation Report shall be filed with the Contract Administrator no later than thirty (30) days after the completion of the Project. Failure of the CONTRACTOR to submit a completed Project Evaluation Report shall disqualify the CONTRACTOR for all grant awards until requirements of the specific program guidelines and this Agreement have been met. ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on September 30 2003. _ ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Exhibit "A" and Section 4.3, the total amount of $15 0.00 for work actually performed and completed pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY'S 2 is acAc2002.cov Rev. a7/a2 obligation to compensate CONTRACTOR for services and expenses related to this Agreement. 4.2 CONTRACTOR agrees to provide matching funds as set forth in the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Grant Program Guidelines, for applicable grant programs and as more specifically shown in Exhibit "A." 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit an invoice for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. The final invoice must be received no later than sixty (60) days after this Agreement expires. 4.3.2 Documentation as required in Exhibit "A" must accompany any request for reimbursement. Invoices shall be certified by the CONTRACTOR'S executive director or an authorized officer. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR'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 CONTRACTOR to comply with a term, condition, or requirement of this Agreement. ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Upon written request by the CONTRACTOR, the Contract Administrator may approve changes in the categories of expenditures listed on Exhibit "A." 5.2 Pursuant to the Broward County Administrative Code, Section 29.17(f)(2), the Broward Cultural Affairs Council may approve changes to the Scope of Services, project description and unit of services provided that the total grant awarded remains unchanged, the revisions are consistent with the grant application and the grant guidelines, and the revisions do not diminish the quantity or quality of service to be provided. 3 BCAC2002.GOV Rev. 07/02 5.3 Changes to the Scope of Services or categories of expenditures pursuant to this Article shall be in writing, signed by the CONTRACTOR and the Contract Administrator. ARTICLE 6 GOVERNMENTAL IMMUNITY Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. CONTRACTOR is a state agency or political subdivision as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 7 INSURANCE CONTRACTOR is a state agency as defined by Section 768,28, Florida Statutes, and CONTRACTOR shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this agreement. I* ARTICLE 8_ TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by CONTRACTOR upon thirty (30) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than ten (10) days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. An erroneous termination for cause shall be considered a termination for convenience. 8.2 Cause for termination of this Agreement shall include, but not be limited to, negligent, intentional, or repeated submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Agreement, or multiple breach of this Agreement which has a material adverse effect on the efficient administration of the Project notwithstanding whether any such breach was previously waived or cured. 4 ecAc2002.cov Rev. 07/02 8.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.4 In the event this Agreement is terminated for convenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of COUNTY'S election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration for COUNTY'S right to terminate this Agreement for convenience. ARTICLE 9 FINANCIAL STATEMENT 9.1 Pursuant to the Broward County Administrative Code, Section 29.17(c)(2), any contractor receiving Five Thousand Dollars ($5,000.00) or less in any one COUNTY fiscal year must submit Exhibit "B," Project Evaluation Report, with all required information, including financial information, and file with the COUNTY within thirty (30) days after completion of the project. 9.2 Contractors receiving only Design Arts Program funding in any one fiscal year are exempt from the annual certified financial statement requirements for that fiscal year, but must submit Exhibit "B," Project Evaluation Report, with all required information, including financial information, and file with the COUNTY within thirty (30) days after completion of the project. 9.3 Any contractor receiving more than Five Thousand Dollars ($5,000.00) in any one County fiscal year must submit a Special Report including audited and certified financial statements prepared in accordance with Generally Accepted Accounting Principles and audited by an independent Certified Public Accountant. CONTRACTOR shall provide to the Contract Administrator two (2) copies of each of the annual financial statements as required in this section. Said annual financial statements shall be submitted to Contract Administrator within one hundred eighty (180) days after the close of the CONTRACTOR'S fiscal years in which the CONTRACTOR accounts for funds received under this Agreement. No extensions will be granted for the audited and certified financial statements. The special report shall be prepared by an independent certified public accountant or the s5 scac2002.Gov Rev. 07/02 governmental entity's internal auditor in a form acceptable to the Broward County Commission Auditor. 9.4 Financial statements shall include a statement of financial position, a statement of activities, and a statement of cash flows and any management letter(s) thereby generated, in a form acceptable to the Broward County Commission Auditor. CONTRACTOR shall disclose in footnotes or in a statement signed by the executive director, the source and funding received from any governmental entity for any funding of five percent (5%) or more of total revenues. 9.5 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 a governmental entity'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 therein. A transmittal letter signed by the governmental entity'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, a listing of funds, including interest earned on such funds, which are due back to the COUNTY. b. An opinion (finding, in the case of an internal auditor) as to whether the funds received under the applicable grant agreement with the COUNTY have been expended in accordance with this Agreement. C. A schedule of project revenues and expenditures including: all revenues relating to the services and/or project classified by the source of the revenues; and all expenditures relating to the services and/or project classified by the type of expenditures, to include the classifications as set forth in Exhibit "A" of this Agreement. 9.6 The Special Report shall include all financial requirements for the entire scope of the services or project covered by the Agreement, even if a part of the services or project was performed during the previous fiscal year(s) or continue past the end of CONTRACTOR'S current fiscal year. 9.7 Any corrections to the special report requested by the COUNTY shall be made and submitted to the COUNTY within sixty (60) days after written request is received. 6 BCAC2002.GOV Rev. 07/02 9.8 ' Failure of the CONTRACTOR to meet these financial reporting requirements shall result in suspension of payment under this or any subsequent grant agreement in effect and disqualify the CONTRACTOR from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 9.9 CONTRACTOR acknowledges submission of financial statements and/or special report to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to Contract Administrator for this Agreement. 9.10 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. ARTICLE 10 MISCELLANEOUS 10.1 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONTRACTOR that are related to this Project. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR shall make same available at no cost to COUNTY in written form. CONTRACTOR 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, Fla. Stat.), 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, the books, records, and accounts shall be retained and made available until completion of the audit; provided that if audit findings have not been resolved, such records shall be retained until final resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR's records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non --disclosure requirement of either federal or state law shall be violated by CONTRACTOR. 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. 7 scaczaoz.Gov Rev. 07102 0 10.2 NONDISCRIMINATION CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR'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 used as a basis for service delivery. CONTRACTOR 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 any services pursuant to this Agreement. 10.3 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the COUNTY. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to CONTRACTOR or CONTRACTOR's agents any authority of any kind to bind COUNTY in any respect whatsoever. 10.4 THIRD PARTY BENEI=ICIARIES Neither CONTRACTOR 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. 10.5 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 8 BCAczooz.cov Rev. 07/02 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 BROWARD COUNTY: Mary A. Becht, Director Broward Cultural Affairs Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301-1829 FOR CONTRACTOR: Kathleen Margoles, Parks and Recreation Department Director City of Tamarac, Florida 7525 NW 88th Ave Tamarac, FL 33321 with a copy to the City Attorney at the same address. 10.6 ASSIGNMENT Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. 10.7 MATERIALITY AND WAIVER OF BREACH COUNTY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure 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. 10.8 SEVERANCE In the event 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 CONTRACTOR elects to terminate this Agreement. An election to is BCAczooz.Gov Rev. 07102 terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 10.9 PRIORITY OF PROVISIONS The applicable provisions of the Broward County Administrative Code, Chapter29, Part II, Broward Cultural Affairs Council Grant Program Guidelines, are hereby expressly incorporated into this Agreement. 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 contained in Articles 1 through 10 of this Agreement or the Grant Program Guidelines, the Guidelines will first govern, followed by the terms in Articles 1 through 10 of this Agreement. 10.10 JURISDICTION. VENUE. WAIVER OF JURY TRIA This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit and venue for litigation arising out of this Agreement shall be in such state courts. By entering into this Agreement, CONTRACTOR and COUNTY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement. 10.11 AMENDMENTS Except for the provisions set forth in Article 5, 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 CONTRACTOR. 10.12 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. .10 BCAC2002.GOV Rev. 07/02 0 10.13 NO INTEREST Any monies which are the subject of a dispute regarding this Agreement and which are not paid by COUNTY when claimed to be due shall not be subject to interest. All requirements inconsistent with this provision are hereby waived by CONTRACTOR. 10.14 REPRESENTATION OF AUTHORITY The individuals executing this Agreement on behalf of any entity do hereby represent and warrant that they are, on the date of this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of their principal. 10.13 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 10.14 COMPLIANCE WITH LAWS IS CONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 10.15 COUNTERPARTS This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 11 • SCAC2002.GOV Rev. 07/02 0 AGREEMENT BETWEEN BROWARD COUNTY AND City of Tamarac, Florida FOR BROWARD CULTURAL AFFAIRS COUNCIL CULTURAL GRANT PROGRAM IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through the County Administrator, authorized to execute same by Resolution approved by the BOARD, and City of Tamarac, Florida, signing by and through officer, duly authorized to execute same. WITNESSES: COUNTY •12 BCAC2002.GOV Rev. 07102 BROWARD COUNTY, through its Broward County Administrator By X7. os— Roger J. Desjarlais County Administrator Approved as to form by Office of the County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By .''. .' Rebecca L. Keeler Assistant County Attorney • AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC, Florida FOR BROWARD CULTURAL, AFFAIRS COUNCIL CULTURAL GRANT PROGRAM WITNESSES: ATTEST: City Clerk RLK:wp 07/31/02 BCAC2002.GOV #02-110.01 BCAC2002.GOV Rev. 07/02 CONTRACTOR CITY OF TAMARAC, FLORIDA /(Signature) Joe Schreiber Mayor (Print Name and Title) (Si ature') Jeffrey L. Miller, City Manager (Print Name and Title) • •. �Z. •' ,eve ie ed end proved as to form: Cky Attorney 13 EXHIBIT "A" CONTRACTOR has been awarded grants under the following grant programs and in the amounts specified: Design Arts Program $15,000 DAP01-2003 Funding for each program shall be paid to CONTRACTOR by COUNTY in accordance with the following: City of Tamarac Design Arts Program DAP01-2003 I. Scope of Services: The CONTRACTOR: City of Tamarac, Florida, agrees during the term of this Agreement to retain the services of the professional design team: the firm of Glatting Jackson, Rick Durr and David Barth, and a local art consultant Ray Olivero, to provide design development services, cost estimations, and to facilitate a series of public meetings to identify and create design concepts for the proposed Southgate Linear Park project. The design team will also use the public meetings to discuss an over-all concept, or vision, that enhances, or develops, the existing sense of place for the Westwood 24 Homeowner's Association and the neighborhoods adjacent to the proposed Southgate Linear Park project. The design team will also use the public meetings to discuss a cultural visual identity, cultural development needs for the neighborhood(s) and the municipality, and to present the professional design team's final drawings and reports. A. CONTRACTOR agrees to complete a minimum of four (4) of public meetings and community workshops where the design team will elicit input and participation from the residents in the neighborhoods that comprise the Westwood 24 Homeowner's Association and the CONTRACTOR's adjacent communities (Westwood 23 and Sanibel). These public meetings and community workshops will be used to determine the primary issues for consideration in the design development and creation of design concepts, amenities, and features, for the proposed Southgate Linear Park project. The public meetings will also be used to discuss and elicit input and participation from the residents for creation of a cultural visual identity and to receive input on the assessment of the cultural development needs for neighborhood(s) and the municipality. The final round of public meetings will be used for the presentation of final conceptual designs, drawings, and plans for the Southgate Linear Park project and to further refine and develop recommendations for future public art projects within the proposed Southgate Linear Park, and the cultural identity of the City of Tamarac. 14 BCAC2002.GOV Rev. 07102 B. CONTRACTOR agrees to complete a preliminary narrative report on the results of the public meetings and community workshops, and preliminary sketches of the concepts for the proposed Southgate Linear Park project (to include specific examples of site planning and schematic designs). These items will be provided to the Contract Administrator ten (10) months following execution of this Agreement. C. CONTRACTOR shall complete the final conceptual designs, drawings, and cost estimates for the Southgate Linear Park project. The final schematic designs will be presented to the COUNTY on oversized foam board suitable for presentation and also reduced to 8Y2" by 11" sheets. This information should suitable for presentation for individual or collective design commissions that could lead to design development and construction. Final submission should include drawings as described above, narrative description, cost estimations and implementation budget for design components. CONTRACTOR shall also complete a final narrative report describing the municipality's proposed cultural visual identity and cultural development and public art needs as a result of the Southgate Linear Park project public meetings. Final submission for the above is due no later than one (1) month following the expiration of this agreement. II. Definition of Unit(s) of Service(s): A unit of service is defined as the performance of the complete scope of services. The COUNTY agrees to purchase one unit of service, reimbursing the CONTRACTOR's cost for contracting with the . professional design team: the firm of Glatting Jackson, Rick Durr, and David Barth, and a local art consultant Ray Olivero for this project, after the entire project is completed, in an amount not to exceed $15,000. III. Required documentation of services rendered: In addition to the documentation and deadline requirements specified above, CONTRACTOR shall provide with its invoice copies of the design professional's invoice(s) for which CONTRACTOR seeks reimbursement. The design professional's invoice(s) must include information which clearly relates all amounts billed to the requirements of this Project. Final invoice shall include documentation of the completion of all items, as described in Section I. Exhibit B - Project Evaluation Report is due thirty days after the completion of the project. 15 scAc2002.Gov Rev. 07/02 Fonn 0 11 0 EXHIBIT B BROWARD CULTURAL AFFAIRS COUNCIL DESIGN ARTS PROGRAM PROJECT EVALUATION REPORT This project evaluation report must be filed with the Cultural Affairs Division no later than 30 days after the completion of the project. Any corrections to the financial statement requested by the County shall be made and submitted to the County within thirty (30) days after written request is received. Organization: Mailing Address: Project Director: Title: Telephone: Ext: Fax: Grant Award: $ BCAC Grant #: DAP Date project began: Date project ended: NAME OF PROJECT: 1, Explain the organization's use of the grant monies, providing specific details about the Design Arts Program project(s), activities funded (i.e. what, when, for whom), and summarizing the impact of this grant to the organization. Forth n • 2. DESIGN ARTS PROJECT FINANCIAL INFORMATION: Project Cash Expenses Design Arts Program Funds Organization & other funds Total Outside Professional Services $ $ $ Artistic $ $ $ Other $ $ $ Travel $ $ $ Remaining Operating Expenses $ $ $ Total Cash Expenses $ $ $ 3. ATTACHMENTS Enclose two first generation copies of the products that have resulted from the grant: i.e. Black and white, or colored rendered graphic presentations, diagrams, final drawings, planning documents, design renderings, and/or photos of study models. Enclose all of the organization's promotional materials with the Broward County logo and attribution statement. Copies of invoice(s) documenting the Contractor's costs for hiring the professional design Services (architect, landscape architect, design artist, artist, urban planner, etc.), to verify the Contractor's expenditures. Contractor shall document expenditures on each category for each unit of service. Narrative/Executive Summary - Explanatory narrative should be minimal but sufficient for a reviewer to understand the fundamental principals of the design concept, or plan. The narrative should illustrate, at a minimum, the following: - Response to community context. - Innovations, or design elements, addressing sustainable design. - Solution to an identified site, purpose, or problem. CERTIFICATION It is certified that the information provided is true and correct, and the expenditures were incurred solely for the purpose of the grant activity. Signature of Authorized Officer: Name Printed: Title: Signature of person who prepared report: Name Printed: Title: Date: For BCAC use only Date Received: G.\CUL APRGRANTS\GUIDELINES 2003\F0RMS\FORM 0 DESIGN ARTS PROGRAM.DOC Revised 3/02