HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-326V
Temp. Reso. #9566
October 31, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-326
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, ACCEPTING AN AWARD FROM THE
BROWARD COUNTY SWIM CENTRAL GRANT PROGRAM IN
THE AMOUNT OF $1,500,000; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
BROWARD COUNTY FOR THE BROWARD COUNTY SWIM
CENTRAL GRANT PROGRAM IN THE AMOUNT OF
$1,500,000, AMENDING THE ANNUAL GRANTS FUND
BUDGET OF ESTIMATED REVENUES AND EXPENDITURES
IN THE AMOUNT OF $1,500,000; 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 Broward County Swim Central Grant Program provides grants to
local governments to develop aquatic facilities in close proximity to public elementary
schools; and
WHEREAS, on February 28, 2001 the City Commission of the City of Tamarac
passed Resolution #2001-37, hereby attached "Exhibit 2" authorizing the appropriate City
Officials to apply for grant funding from Broward County in the amount of $1,500,000 to
provide for a public aquatic facility for the City of Tamarac from the Broward County Swim
Central Grant Program; and
WHEREAS, the City of Tamarac has received notification from the Broward County
Swim Central Grant Program that the grant application in the amount of $1,500,000 has
been approved; and
Temp. Reso. #9566
October 31, 2001
Page 2
WHEREAS, the City Manager and the Director of Parks and Recreation recommend
approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the residents of the City of Tamarac to accept the Broward County Swim Central
Grant Program award in the amount of $1,500,000 to enhance the City's outdoor
recreation facilities and environment and to execute the corresponding grant agreement
hereto attached as "Exhibit 1 ".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The Broward County Swim Central Grant award in the amount of
$1,500,000 is hereby accepted from Broward County for the addition of a public aquatic
facility for the City of Tamarac.
SECTION 3: The appropriate City Officials are hereby authorized to execute an
agreement in the amount of $1,500,000 between the City of Tamarac and Broward County
for the Broward County Swim Central Grant Program hereby attached as "Exhibit 1 ".
SECTION 4: The appropriate City officials are hereby authorized to amend the
Grants Fund Budget in the amount of $1,500,000 and appropriate said funds including any
and all subsequent budgetary transfers to be in accordance with proper accounting
procedures.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
1
1
Temp. Reso. #9566
October 31, 2001
Page 3
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.
SECTION 7: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED, AND APPROVED this 141h day of November, 2001.
ATTEST:
- F� LJ
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION asito form.
MITCI4E-CC_ S. KF
CITY ATTORN
j
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _AyPi
DIST 1: COMM. PORTNER A-yel
DIST 2: COMM. MISHKIN A-yel
DIST 3• M SULTANOF Ayer
Pgf4: COMM. ROBERTS A e,
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
BROWARD COUNTY SWIM CENTRAL GRANT PROGRAM
FY 2001
(GOVERNMENTAL ENTITY FORM)
PROJECT NO.
(TAMARAC AQUATIC CENTER)
INDEX
ARTICLE
PAGE
1
DEFINITIONS AND IDENTIFICATIONS
2
2
SCOPE OF SERVICES
2
3
TERM AND TIME OF PERFORMANCE
3
4
COMPENSATION
3
5
LIABILITY
5
6
INSURANCE
6
7
TERMINATION
6
8
FINANCIAL STATEMENTS
7
9
MISCELLANEOUS
8
EXECUTION PAGES
16
17
EXHIBIT A
PROJECT GUIDELINES
18
EXHIBIT B
PROJECT DESCRIPTION
21
EXHIBIT C
EVIDENCE OF TITLE/LEASEHOLD INTEREST
22
EXHIBIT D
SDBE PARTICIPATING VENDORS LISTING
23
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V
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
BROWARD COUNTY SWIM CENTRAL GRANT PROGRAM
FY 2001
This Agreement, made and entered into by and between BROWARD COUNTY,
a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
FTTJ
City of Tamarac, a municipal corporation of the state of Florida, hereinafter
referred to as "CONTRACTOR."
WHEREAS, pursuant to the passage by the Broward County electorate of the
2000 Broward County Safe Parks and Land Preservation Bond Issue, Nineteen Million
Eight Hundred Thousand Dollars ($19,800,000) has been allocated for the SWIM
Central Grant Program to benefit municipal parks and recreation systems within the
geographic boundaries of Broward County and eligible nonprofit organizations that
operate instructional swimming facilities within the geographic boundaries of Broward
County; and
WHEREAS, the Broward County Parks and Recreation Advisory Board
recommended funding to assist CONTRACTOR with approved expenses pursuant to
the Board of County Commissioners' action on December 12, 2000 (Item #64), and the
2000 Broward County Safe Parks and Land Preservation Bond Program and its
implementing regulations; and
WHEREAS, the Board of County Commissioners has determined that these
expenditures serve a COUNTY and public purpose and are authorized by the 2000
Broward County Safe Parks and Land Preservation Bond Program; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows:
G:OONO GRANTS%SWM Carmel GRANTContr %Tamarac -Tamarac Aquatic C*nW.wpd
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 Parks & Recreation
Division, or the designee of such Director. 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 as set forth herein. 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; provided; however, that such instructions and determinations do
not change the Scope of Services of this Agreement.
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 Grant Program - The allocation of Nineteen Million Eight Hundred Thousand
Dollars ($19,800,000.00) under the 2000 Broward County Safe Parks and Land
Preservation Bond Program to be utilized for SWIM Central Grant awards to
eligible municipalities and eligible nonprofit organizations within the geographic
boundaries of Broward County, Florida, under the Grant Program Guidelines
(Exhibit "A" attached hereto).
1.6 Project - The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
2.1 CONTRACTOR shall perform all services identified in this Agreement, the Grant
Program Guidelines attached hereto as Exhibit "A," the Grant Project
Description, Grant Project Timetable /Schedule, and Grant Project Cost/Budget
attached hereto as Exhibit "B," and evidence of Project site ownership or lease
attached hereto as Exhibit "C." The parties agree that the Scope of Services is a
description of CONTRACTOR's obligations and responsibilities and is deemed
G:IBOND GRANTSISWIM Canal GRAN=onb=WTamorac-TmamAqu®tic Cardw-wpd Page 2 of 23
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 CONTRACTOR
impractical, illogical, or unconscionable.
2.2 The Contract Administrator may approve changes to the Scope of Services,
Project description, unit of services, and changes within the categories of
expenditures listed in Exhibit "A," provided that the total grant dollars awarded
to CONTRACTOR remains unchanged, the revisions are consistent with the
grant application and the SWIM Central Program guidelines, and the revisions
do not diminish the quantity or quality of services to be provided.
2.3 CONTRACTOR agrees that the Project, when completed, shall be utilized for
public instructional swimming uses. The dedication shall extend for a minimum
of Twenty-five (25) years and shall be recorded in the Official Records for
Broward County, Florida, pursuant to Section 28.222, Florida Statutes.
CONTRACTOR 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 purposes of the Project.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is fully executed by both
parties and shall end three (3) years after this Agreement is fully executed.
CONTRACTOR may request up to two (2) extensions of up to one (1) year each
for its performance completion of the Project, subject to approval by COUNTY's
County Administrator. Any extension request shall be in writing and delivered to
the Contract Administrator at least sixty (60) days prior to the end of the term.
3.2 CONTRACTOR agrees that it will comply with the construction time table
included in Exhibit "B," attached hereto, excepting bona fide force majeure
delays.
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3,
the total amount not to exceed of One Million Five Hundred Thousand Dollars
($1,500,000.001 for CONTRACTOR's Project pursuant to this Agreement. It is
acknowledged and agreed by CONTRACTOR that this amount is the maximum
G-%BONDGRANTS1SMACa" OWMCantrxtffamarw-Tama=AquawCen[ xVd Page 3 of 23
payable and constitutes a limitation upon COUNTY's obligation to compensate
CONTRACTOR for services and expenses related to this Agreement. This
maximum amount, however, does not constitute a limitation, of any sort, upon
CONTRACTOR's obligation to perform all items of work required by or which can
be reasonably inferred for the Project from the Scope of Services.
4.2 The Contract Administrator is responsible for ensuring performance of the terms
and conditions of this Agreement and shall approve all requests from
CONTRACTOR for payment prior to payment being made. CONTRACTOR shall
furnish to the Contract Administrator a copy of the Project's construction
contract(s) within fifteen (15) days of full execution of same.
4.3 METHOD OF BILLING AND PAYMENT
4.3.1 CONTRACTOR may submit an invoice(s) for payment on this Project after
the Project has been completed in each of four (4) segments as follows:
Twenty-five Percent (25%) of the total
COUNTY payment set forth in Section 4.1
above after completion of Twenty-five Percent
(25%), Fifty Percent (50%), Seventy -Five
Percent (75%) and One Hundred Percent
(100%) of the Project's development, minus
the retainage amount described in Section 4.4
below. The amounts withheld, including
retainage, shall not be subject to payment of
interest by COUNTY.
The final invoice must be received no later than sixty (60) days after this
Agreement expires. Invoices shall designate the nature of the services
performed and/or the expenses incurred. CONTRACTOR agrees that it
shall allocate no more than Twelve Percent (12%) of the total COUNTY
payment to the Project's architectural/engineering costs.
4.3.2 Documentation as required in Exhibit "A" must accompany any request
for payment. Invoices shall be certified by CONTRACTOR's authorized
official.
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
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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.
4.4 COUNTY shall retain Ten Percent (10%) of the total COUNTY portion of the
Project amount until the Project is completed pursuant to this Agreement and the
M attached Exhibits. The retained amount shall be paid to CONTRACTOR in the
same manner and under the same conditions and requirements as those for the
final payment of COUNTY's portion of the Project amount. For example, if the
amount of COUNTY's grant to CONTRACTOR for the project is Two Hundred
Fifty Thousand Dollars ($250,000.00), then Twenty-five Thousand Dollars
($25,000.00) will be retained until Project completion.
4.5 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 Contract Administrator.
The amount withheld shall not be subject to payment of interest by COUNTY.
4.6 If it becomes necessary for COUNTY to demand a refund of any or all funds paid
to CONTRACTOR pursuant to this Agreement, CONTRACTOR agrees to remit
said funds to COUNTY within sixty (60) days after notification by COUNTY of the
reason for the demand for repayment. If not returned within sixty (60) days,
CONTRACTOR understands and agrees that any further CONTRACTOR
requests for funding, as to this or any other program under COUNTY's
administration, may be denied until the funds have been returned.
4.7 This Agreement strictly prohibits the expenditure of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
4.8 Payment shall be made to CONTRACTOR at:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 88' Avenue
Tamarac, Florida 33321
G:BOND GRANTMSWIM Central GRAWRCordractsSTamarec - Tamarac Aquatic Center_wpd
Page 5 of 23
ARTICLE 5
LIABILITY
CONTRACTOR is a state agency or subdivision as defined in Chapter 768.28,
Florida Statutes, and agrees to be 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 6
INSURANCE
CONTRACTOR is a state agency as defined by Section 768.28, Florida
Statutes, and CONTRACTOR ,shall furnish the Contract Administrator with written
verification of liability protection, in accordance with state law prior to final execution of
this Agreement.
ARTICLE 7
TERMINATION
7.1 This Agreement may be terminated for cause by action of the Board or by
CONTRACTOR 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 Contract Administrator. This Agreement may also
be terminated by the Contract Administrator upon such notice as the Contract
Administrator deems appropriate under the circumstances, in the event the
Contract Administrator determines that termination is necessary to protect the
public health, safety, or welfare.
7.2 Notice of termination shall be provided in accordance with the "NOTICES"
section of this Agreement, except that notice of termination by the Contract
Administrator which the 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.
7.3 In the event this Agreement is terminated for convenience, CONTRACTOR shall
be paid for any services performed to the date this Agreement is terminated,
GOOND GRAwrsiswM Cai&I GRANTW *ads%Tamarac - Tamarac AW tic CwMw.wpd Page 6 of 23
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.
7.4 COUNTY shall have the right to terminate this Agreement and demand refund of
grant funds provided to CONTRACTOR for noncompliance with the terms and
conditions of the Grant Program guidelines. Failure to comply with these terms
and conditions shall result in COUNTY declaring CONTRACTOR ineligible for
further participation in the Grant Program until such time as CONTRACTOR
complies therewith.
7.5 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 9.1 ,of Article 9.
ARTICLE 8
FINANCIAL STATEMENTS
8.1 Within one hundred twenty (120) days after the expiration of this Agreement,
CONTRACTOR 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 CONTRACTOR's fiscal years for which funds
were provided. The report shall be prepared by an independent certified public
accountant or CONTRACTOR's internal auditor in a form acceptable to
COUNTY's Commission 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.
8.2 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 CONTRACTOR's internal
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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 CONTRACTOR'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.
8.3 The special report shall include all requirements of Section 8.2 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 CONTRACTOR's current fiscal year.
8.4 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.
8.5 Failure of CONTRACTOR to meet these financial reporting requirements shall
result in suspension of payment under this Agreement or any subsequent grant
agreement in effect and disqualify CONTRACTOR from obtaining future grant
awards until such financial statements are received and accepted by COUNTY.
8.6 CONTRACTOR 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 Contract Administrator for this
Agreement.
8.7 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in
strict compliance with this Agreement.
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ARTICLE 9
MISCELLANEOUS
9.1 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
CONTRACTOR, whether finished or unfinished, shall become the property of
COUNTY, and shall be delivered by CONTRACTOR to the Contract
Administrator within seven (7) days of termination of this Agreement by either
party. Any compensation due to CONTRACTOR shall be withheld until all
documents are received as provided herein.
9.2 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 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 this
Project.
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 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
CONTRACTOR's records, CONTRACTOR shall comply with all requirements
thereof; however, no confidentiality or nondisclosure 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.
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9.3 NONDISCRIMINATION EQUAL EMPLOYMENT OPPORTUNITY AND
AMERICANS WITH DISABILITIES ACT
CONTRACTOR 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.
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 or appropriately used as a basis for
service delivery.
CONTRACTOR 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,
CONTRACTOR shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
CONTRACTOR 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 16%), 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.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
GMONDGRANTS%SWIMCentralGRANnCanVacts\Tamarac-Tamarac AquaticCertwwpd Page 10 of 23
1'�
Chapter 16Y2) in performing the Scope of Services or any part of the Scope of
Services of this Agreement.
SMALL DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
9.3.1 CONTRACTOR, and any construction contract it enters into for the
Project, shall comply with COUNTY's Small Disadvantaged Business
Enterprise (SDBE) Affirmative Action Program, set forth in Article XIV,
Section 20-275, Broward County Code of Ordinances, requiring goals in
all procurement activity at One Hundred and Fifty -Thousand Dollars
($150,000) or above for construction services; Seventy -Five Thousand
Dollars ($75,000) or above in total contract value for
architectural/engineering and related services; and Fifty Thousand
Dollars ($50,000) or above in total contract value for all other goods and
services. This Project is for $1,500,000.00 for Swimming Pool
Construction services.
9.3.2 COUNTY and CONTRACTOR agree that prime and subcontract awards
to Small Disadvantaged Business Enterprises and Minority - Majority Joint
Ventures are crucial to the achievement of the Project's SDBE
participation goals. In an effort to assist in achieving the established
goals for this Project, CONTRACTOR agrees to take affirmative actions to
meet the current SDBE participation goals established below.
9.3.3 This Agreement has the following SDBE numerical goals:
Minority Business Enterprise
► Construction Services 15%
► A/E-Professional Services 10%
► Commodities/Other Goods/Services 5%
(Participating Categories include African American, Asian/Native
American, Hispanic, Women)
The total assigned SDBE goals for this Agreement is: %.
9.3.4 CONTRACTOR incorporates by Exhibit "D" the names, addresses, scope
of work, and dollar value of SDBE participation on the Schedule of SDBE
Participation. CONTRACTOR understands that each minority and
women -owned firm utilized on the Project to meet Project goals must be
certified by the Broward County Division of Equal Employment & Small
Business Opportunity.
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9.3.5 CONTRACTOR understands that it is the responsibility of the Contract
Administrator and the Broward County Division of Equal Employment &
Small Business Opportunity to monitor compliance with the SDBE
requirements. In that regard, CONTRACTOR agrees to furnish quarterly
reports to both parties on the progress of SDBE participation commencing
with the end of the first quarter of this Agreement.
9.4 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
COUNTY. This Agreement shall not constitute or make the parties a partnership
or joint venture.
9.5 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.
9.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at
the place last specified. The place for giving notice shall remain the same, as
set forth herein, until changed in writing in the manner provided in this section.
For the present, the parties designate the following:
FOR COUNTY:
Director
Broward County Parks & Recreation Division
950 Northwest 38th Street
Oakland Park, Florida 33309
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FOR CONTRACTOR:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 88' Avenue
Tamarac, Florida 33321
9.7 " ASSIGNMENT AND PERFORMANCE
Mitchell Kraft, City Attorney
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321
Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Agreement except as authorized by
Exhibit "A."
CONTRACTOR 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 Scope of Services and to
provide and perform such services to COUNTY's satisfaction for the agreed
compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s), provided to or on behalf of
CONTRACTOR, shall be comparable to the best local and national standards.
9.8 CONFLICTS
Neither CONTRACTOR nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CONTRACTOR's loyal and conscientious
exercise of judgment related to its performance under this Agreement.
CONTRACTOR 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 CONTRACTOR or any other persons from
representing themselves in any action or in any administrative or legal
proceeding.
GABONDGRANTS%SWWCentral GRANTWAnO=W%Tamarac-TamaracAquatic Cotwmpd Page 13 of 23
In the event CONTRACTOR is permitted to utilize subcontractors to perform any
services required by this Agreement, CONTRACTOR agrees to prohibit such
subcontractors, by written contract, from having any conflicts within the meaning
of this section.
9.9 AMENDMENTS
Except for the provisions set forth in Article 2, 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.
9.10 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.
9.11 COMPLIANCE WITH LAWS
CONTRACTOR shall comply with all federal, state, local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations related to this Agreement.
9.12 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 CONTRACTOR 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.
9.13 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.
GABONDGRANTMSWNdCQW81GRANTC*watts\Tamarac-Tama=AgWicC-,d-.wpd Page 14 of 23
9.14 PRIORITY OF PROVISIONS
In the event of a conflict or inconsistency between any term, statement,
requirement, or provision of any exhibit attached hereto, any document or events
referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement,
the term, statement, requirement, or provision contained in the Florida Statutes,
Florida Administrative Code, and Broward County Code of Ordinances, shall
prevail and be given effect.
9.15 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.
9.16 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 9.9 above.
9.17 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is
acknowledged by the parties. The attached Exhibits "A", "B"and "C" are
incorporated into and made a part of this Agreement.
9.18 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be fully executed by all parties, each of
which shall be deemed to be an original.
G:XBOND GRANTSISWIM Central GRANT ContwUlTemarac - Tamarac Aquatic Cent9W.wpd Page 15 of 23
. 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, signing
by and through its officer, duly authorized to execute same.
WITNESSES:
Insurance requirements
approved by Broward County
Risk Management Division
Ill
COUNTY
BROWARD COUNTY, by and through its
County Administrator
County Administrator
day of , 20.
Approved as to form by
Office of the County Attorney
EDWARD A. DION, COUNTY ATTORNEY
Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
:A
Patrice M. Eichen
Assistant County Attorney
GABOND GRANTS\SWM Cer"I GRANT\CaWactWamew -Tamarac AquMc Centervpd Page 16 of 23
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
BROWARD COUNTY SWIM CENTRAL. GRANTS PROGRAM
TNESSES:
lam• i'(�`� 1../��1_.-�],�'.�( C�� F/'/(.t;:�-,r�4._.
/ IESSE
(CORPORATE SEAL)
scg
8/01 /01
CONTRACTOR
• �✓ram_ _�.,.�
BY �
Mayor
1 d day of /VOV P 01 b.L r , 20 �O/
By
GABOND GRANT=WM Central GRAN nComau Tamarac - Tamarac Aquatic Cerxer.wpd Page 17 of 23
EXHIBIT "A"
GRANT PROGRAM GUIDELINES
Project title: Tamarac Aquatic Center (7501 N. University Drive)
II Scope of Project: New 55 yards x 20 meters, 8 lanes, concrete pool, new
filtering system, new heating system, new concrete pool deck, new deck
fencing, restroom/changing room bldg., and storage/equipment bldg.
11
A. CONTRACTOR agrees to construct the Project known as Tamarac
Aquatic Center, in accordance with the plans and specification prepared
by, or under the supervision and review of, a registered professional
architect, engineer, or other appropriate professional. These elements
are identified in the Project description which is attached to this
Agreement as Exhibit "B."
B. CONTRACTOR is responsible for obtaining all state, federal, and local
permits, licenses; agreements, leases, easements, etc., required for the
Project, and for following applicable state, federal, and local statutory
guidelines regarding the procurement of professional services.
C. CONTRACTOR shall erect a permanent sign acceptable to the Contract
Administrator identifying the 2000 Broward County Safe Parks and Land
Preservation Bond Program and COUNTY as a funding source of Project
construction. (Please see attached sample sign and sample sign
specifications.)
III. Required Documentation for Services Rendered:
A. The Contract Administrator is responsible for ensuring performance of the
terms and conditions and shall approve all payment requests prior to
payment. CONTRACTOR shall submit to the Contract Administrator
signed quarterly Project status reports on a calendar basis summarizing
work accomplished, problems encountered, percentage of completion,
and other appropriate information. Photographs shall be submitted when
appropriate to reflect work accomplished. CONTRACTOR shall furnish to
the Contract Administrator a copy of the Project's construction contract(s)
within fifteen (15) days of full execution of same.
B. Upon Project completion, the engineer, architect, or other appropriate
professional shall sign a statement certifying satisfactory completion of
the Project in accordance with the prepared plans and specifications.
GABOND WNn%$WM Cantral GRANTConVWS%Tamarac -Tamarac Aquak Centanwpd Page 18 of 23
C. Upon Project completion, CONTRACTOR shall also submit a site plan
(as -built), list of construction facilities and improvements, and color
photographs reflecting the work accomplished.
IV. Bond Program Guidelines:
A. Applicants cannot have more than a maximum of one (1) grant of up to
One Million Five Hundred Thousand Dollars ($1,500,000). The grant may
include more than one (1) instructional swimming facility(ies)
improvements job.
B. Grant monies must be spent within a five (5) year time limit from date of
the County Administrator's approval of the Agreement.
C. All grant funds are to be paid on a reimbursement basis pursuant to the
time completion points, percentages formulas and retainage language set
forth in Article 4 of the Agreement.
D. Access to the Project by municipal residents and nonresidents alike will
be nonexclusionary.
E. All Project sites are to be owned by CONTRACTOR or have a lease of a
minimum of Twenty Five (25) years. CONTRACTOR shall be required by
the Contract Administrator to show proof of ownership or leasehold status.
F. All projects will remain in public instructional/recreational swimming use
for a minimum of Twenty Five (25) years.
G. Funds can be used for outdoor and indoor instructional swimming
facilities.
H. All applicants will provide a resolution from their governing board in
support of the proposed Project.
Non-profit organizations applying for grants must obtain a resolution of
approval from the municipality in which the Project is located.
J. Projects will be consistent with recognized instructional swimming
standards for similar facilities.
K. Applicants must be sufficiently capable and qualified to complete the
proposed project, and thereafter, 'operate and maintain the Project's
facility.
GABOND GRANTSISWIM Central GRAWnc«,o-aca rar,arec _Tamsae Aqustic cemermpd Page 19 of 23
L. No Grant Program funds are to be used for recreation programming and
operational costs.
M. All applicants will be required to submit an application to the Contract
Administrator.
N. Applicant agrees to provide instructional swimming classes to elementary
school -aged children during the school year from September until June,
Monday through Friday, excepting holidays, non -school days, and
unavailability due to repairs.
V. SWIM Central Program Requirements:
A. Required Personnel: Minimum Standards
1. One (1) Water Safety Instructor (WSI) per every ten (10) children.
2. A minimum of one (1) lifeguard on deck during the instruction period
(note: a lifeguard serving as a WSI does not count as a lifeguard on
deck; the lifeguard on deck would be in addition to the WSI).
3. Broward County's SWIM Central staff does not program/operate the
actual swimming instruction or pools. These functions are
CONTRACTOR's responsibility. SWIM Central's responsibilities are
to monitor program compliance and to reimburse for lessons given
pursuant to SWIM Central guidelines.
B. Hours of operation
The pool(s) will be accessible for SWIM Central Water Safety Education
Lessons from two (2) to six (6) hours during the school day/hours,
Monday to Friday, excepting holidays, non -school days, and unavailability
due to repairs. SWIM Central staff will also be allowed to visit and monitor
programming during lessons. The pool(s) will also be reasonably
available for SWIM Central students to practice what they have learned in
their instructional swimming classes.
C. Miscellaneous
Pools shall be maintained at least 80 degrees F. and shall be heated if
necessary.
WBON0 GW►MTMWM C.artai GRANTConVwts%Tarnarae • Tarn arac Aquatic Canter wpd Page 20 of 23
EXHIBIT "B"
GRANT PROJECT DESCRIPTION
(to also include sections for project timetable/schedule and project cost/budget, plus invoice form)
Tamarac Aquatic Center
DESCRIPTION; The project provides for construction of an aquatic facility at Tamarac Park, which is adjacent to Tamarac Elementary School.
The City will utilize SWIM central challenge grant funds to construct an open-air, heated pool at the park location as detailed below. In addition to
its proximity to the elementary school, placement of the facility at this location will dovetail with a number of other amenities already at the park
including; a multipurpose center with meeting/training rooms, gymnasium and playground.
PROJECT BUDGET
ELEMQNT
DETAIL
EST. COST
Pool Construction
55 yds. X 20 m; 8 lanes, 382,100 gallons; concrete. (Est. does not
include potential cost of abnormally high water table or soil correction);
new.
632,775
Filtering Type
EPD Automatic Backwash high rate sand; new
155,000
Pool Heater
8 Electric Heat Pumps; new
115,600
PoolDeck
5 ft. width for pool deck; est 2,380 sq. ft.; concrete construction; new
14,280
ADA Pool Access
Swim Lift #325; portable water hydraulics; new
3,800
Deck Fence
10' high galvanized chain link vinyl coated - est. 550 linear feet; new
11,550
Restroom Building
50' x 48 '; 2,400 sq. ft, ; women's - 10 water closets, 4 lavatories; men's
4 urinals, 4 water closets, 4lavatories; concrete block; new
319,200
Changing Room Building
Incorporated in the restroom building; 6 stalls each in men's and
women's; 50 lockers each in men's and women's roams; new
12,600
Storage/Pump Room Building
30 x 30; 900 sq. ft.; concrete block construction; including automated
chemicalization system; new
112,500
Automated Chemicalization
Stantrol Sodium Hypochloride and CO2 feeder; new
17,495
Lifeguard/First Aid Station
20 x 12; concrete block lifeguard first aid station; 240 sq. ft.; new
25,200
Engineering & Design
Architectural Design & Engineering of facility
80,000
Total Funds Requested
1,500,000
TIMETABLE FOR COMPLETION
ENGINEERING/DESIGN
9/02
BID SPEC'S COMPLETED/ISSUED
11/02
BID'S IN
1/03
BID AWARDED
3/03
PERMITTING COMPLETED
5/03
CONSTRUCTION COMMENCES
6/03
SUBSTANTIAL COMPLETION
6/04
GABOND GRANTS%SWPA CarmW GRMrfl 4r&actskTwns=-Tamarac Aquatic Cwdar.wpd Page 21 of 23
EXHIBIT EEc"
(Real Property Document(s) re property title or leasehold interest)
(Per Exhibit "A")
6;ET= ro
This instrument was prepared by:
Name Alan Francis Rut Esq.
Ruf & Carsky, P.A.
Address _ 2455 E. Sunrise Blvd.
'Warranty Beed (STATIITORT FORM --SECTION 689.02 F.S.) PH->~
.333C
Mh1s JnDrnturr, Made this 21st day of June t989 getwrrn
THE SaiCOL BOARD OF BROWARD COUNTY, FLORIDA
of the County of Broward , State of Florida grantor', and
` THE CITY OF TAMARAC, a Mtiicipal corporation
whose post office address is 5811 NW 88th Avenue, Tamarac, Florida 33321
of tiro County of Broward , State of Florida grantee",
AItnt.050h. That said grantor• for and in consideration of the sum of ten and m/100
Dollars, e
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby C_
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following N
described land, sitvale, lying and being in Brcward County, Florida. to -wit: "•'
A portion of Tract 16 of FORT LAUDERDALE TRUCK FARM$ SUBDIVISION of Section 4, Township r::
49 South, Range 41 East, according to the Plat thereof, as recorded in Plat Book 4 at �,
Page 31 of the Public Records of Broward County, Florida, being more particularly descrityAd
as follows:
Cairmencing at the Southeast corner of said Section 4; thence North 00 12' 16" West, alor>q�
the Fast line of said Section 4, a distance of 3264.10 feet thence South 890 47' 44' West-p
a distance of 60.0 feet to a point on the West right -of -ray line of University Drive (120
foot right -of -,ray); thence continuing South 890 47' 44" West, a distance of 680.00 feet;
thence South 00 12' 16" Fast, a distance of 85.00 feet; thence South 12 51' 08" East, a
distance of 431.86 feet to a point of curve; thence Southerly and Easterly, along the arc
of a circular cure to the left with a central angle of 10 44' 22 ", a radius of 600.00
feet; an arc distance of 18.21 feet to the Point of Beginning; thence continuing Southeasterly
along the are of said curve, with a central angle of 7o 22' 08", a radius of 600.00 feet, an
arc distance of 77.17 feet; thence North 890 47' 44" Fast, a distance of 324.39 feet; thence
North 00 12' 16" West, a dista$ce of 186.50 feet; thence South 890 47' 44" West, a distarwe
of 207.00 feet; thence South 0 12' 16" East, a distance of 113.19 feet; thence South
890 47' 44" West, a distance of 141.31 feet to the point of beginning. M
en
and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all
Persons whomsoever. F..
;v
" "Grantor" and -grantee" are used for singular or plural, as context requires. C7
37� �aa s�aaee
n yWimps; 7"thrrrLlf. Grantor has hereunto set grantor's hand and seal the day and year ryfir��st� �abo�ve written.
Sign sealed and delivered in our presence: THE SC1_ L BOARD O wy�rii, FLARIDAW
Chairperson (Seal)
(Seal)
r• F11t (Seal)
(Seal)
STATE OF Florida
COUNTY OF Broward
I HEREBY CERTIFY that an this day before me, an officer duly qualified to take acknowledgments, personally appeared
Donald J. Samuels, Chairperson and Virgil L. Morgan, Superintendent
to me known to be the person described in and who executed the foregoing instrument 9nd acknowledged before me that
G:00/ he executed the same. ¢f
WITNESS my hood and official seal in she Count' and Store lost aforesaid this day of JSuLe
19 89 t
My commission expires: Notary Public
YECOROED IY T;tE GFFICI : RE";a9`, C0
NOTART PU9416. S.
�1 -�•}; My COMMISSION EXPIRES APNl4 9. 14'90
"1_�' __. ; •o"exe r"eu wo..nr •u u,e u"o..—.n.
rCilfJ i T AL:e..dl
22
EXHIBIT "D"
List of CONTRACTOR's SDBE Participating Vendors
(List to be provided to DEESBO by CONTRACTOR and subject to DEESBO review and
approval prior to commencement of work)
V
GOOND GRANTSkSWIM Central GRAN Kormictffamarac -Tamarac Aquatic Center.wpd
23