HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-347Temp. Reso. # 9610 - Page 1
November 7, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-347
' A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING AN
AWARD FROM THE BROWARD COUNTY
CHALLENGE GRANT PROGRAM IN THE AMOUNT
OF $229,424,00 FOR CAPORELLA PARK;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF TAMARAC AND BROWARD COUNTY FOR THE
BROWARD COUNTY CHALLENGE GRANT
PROGRAM IN THE AMOUNT OF $229,424.00;
AMENDING THE ANNUAL GRANTS FUND BUDGET
OF ESTIMATED REVENUES AND EXPENDITURES
IN THE AMOUNT OF $229,424.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents and visitors a higher level of service by enhancing and improving its outdoor
recreation facilities and environment; and
WHEREAS, the Broward County Challenge Grant Program provides grants to
local governments to benefit municipal parks and recreation systems within the
geographic boundaries of Broward County; and
WHEREAS, on February 28, 2001, the City Commission of the City of Tamarac
passed Resolution #R-2001-35, attached hereto as "Exhibit B", authorizing the
appropriate City Officials to apply for grant funding from Broward County in the amount
of $259,900.00 to provide Tamarac residents and visitors enhanced parks and
recreation programs at Caporella Park; and
WHEREAS, the City of Tamarac has received notification from the Broward
Temp. Reso. # 9610 - Page 2
November 7, 2001
County Challenge Grant Program that grant funding has been approved for the City of
Tamarac in the amount of $229,424.00; and
WHEREAS, the City Manager and 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 citizens and residents of the City of Tamarac to accept the Broward
County Challenge Grant Program award in the amount of $229,424.00 to enhance the
City's programs and facilities at Caporella Park.
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 Challenge Grant award in the amount of
$229,424.00 is hereby accepted from Broward County for enhanced Parks and
Recreation Programs at Caporella Park.
SECTION 3: The appropriate City Officials are hereby authorized to execute an
agreement in the amount of $229,424.00 between the City of Tamarac and Broward
County, attached hereto as "Exhibit A".
SECTION 4: The appropriate City officials are hereby authorized to amend the
Grant Funds Budget in the amount of $229,424.00 and appropriate said funds including
any and all subsequent transfer to be in accordance with proper accounting procedures.
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Temp. Reso. # 9610 - Page 3
November 7, 2001
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED, AND APPROVED this 28th day of November, 2001.
ATTEST:
MARION ENSON, CMC
Qa--c 26&�� \
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
CITY CLERK MAYOR SCHREIBER A el
DIST 1: COMM. PORTNER A ew
DIST 2: COMM. MISHKIN A e.
I HEREBY CERTIFY that I
have approved this
ON as to form
ITCHELL S. K F
CITY ATTORMEY
DIST 3: V/M SULTANOF A el
DIST 4: COMM. ROBERTS Al el
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 applicableto 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:OOND GRANTS\Chellerge GROMContractstTamarec - Capom la Pa*.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:
r
i
RiTs ijmqw-%
COUNTY
BROWARD COUNTY, by and through its
County Administrator
By
County Adminis#
4116 day of , 20 0 Z-
/, ' Approved as to form by
' Office of the County Attorney
'.DWARD A. DION, COUNTY ATTORNEY
w 'Broward County, Florida
' =Governmental Center, Suite 423
' 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Insurance requirements. Telephone: (954) 357-7600
approved by Broward County Telecop' (954) 357-7641
Risk Management Division
B By a7'�
4
Patrice M. Eichen
Assistant County Attorney
GABOND GRANTS\Challenge GRAKRContractskTamarac - Caporella Park.wpd Page 16 of 23
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
BROWARD COUNTY CHALLENGE GRANTS PROGRAM
WITNESSES:
A EST:
City Clerk
TIESSE,S: J
(CORPORATE SEAL)
C99
8/02/01
CONTRACTOR
(AL OFdj.fns,./
n
By
(,/,Y
42!�
Mayor
Z Y day of MO a 1,-e rr 6e ✓ , 20 0/
Am
GABOND GRANTSXChallenge GRANMorftcts1T®merac - Caporella Park.wpd Page 17 of 23
EXHIBIT "A"
GRANT PROGRAM GUIDELINES
Project Title: CAPORELLA PARK
(Prospect Road and Commercial Boulevard)
11. Scope of Project: Renovation of parking, bridge, and bike/pedestrian path.
Construction of restroom, picnic pavilion, and irrigation. Installation of
picnic tables, grills, and security lighting.
A. CONTRACTOR agrees to construct the Project known as Caporella Park
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.
GARONP GRANTMChallenge GRAWRContracts\Tamarac - Caporella pa&.wpd 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. Matching Funds (if applicable):
Pursuant to Section 4.1 of the Agreement (if applicable), CONTRACTOR agrees
to provide matching funds in the amount of $57,356.00.
V. Bond Program Guidelines
A. Grants for up to Two Hundred Thousand Dollars ($200,000.00) require no
cash match.
B. Grants from Two Hundred Thousand and One Dollar ($200,001.00) to
Five Hundred Thousand Dollars ($500,000.00) require a minimum
Twenty-five Percent (25%) cash match from CONTRACTOR.
C. Applicants cannot have more than a maximum of three (3) grants of up to
Five Hundred Thousand Dollars ($500,000.00) each.
D. Grant monies must be spent within a five (5) year time limit from the date
of the County Administrator's approval of the Agreement.
E. All grant funds are to be paid on a reimbursement basis pursuant to the
completion points, percentages formulas and retainage language set forth
in Article 4 of the Agreement.
F. Access to the Project by municipal residents and nonresidents alike will
be nonexclusionary.
G. Ali 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.
H. All Projects will remain in public parks and recreation use for a minimum
of Twenty-five (25) years.
Funds can be used for outdoor and indoor recreation facilities.
J. All applicants will provide a resolution from their governing board in
support of the proposed Project.
G:WND GRANTMChallanpa GRANT\CanfizesiTamarac - Caparalla Pa*-wpd Page 19 of 23
K. Non-profit organizations applying for grants must obtain a resolution of
approval from the municipality in which the Project is located.
L. Projects will be consistent with recognized parks/recreational standards
for similar facilities.
M. Applicants must be sufficiently capable and qualified to complete the
proposed Project, and thereafter, operate and maintain the Project's
facility.
N. No Grant Program funds are to be used for recreation programming and
operational costs.
O. All applicants will be required to submit an application to the Contract
Administrator.
GABOND GRANTSIChallen" GRAtMCon"d5Xiamarac - Caparella Park.wpd Page 20 of 23
EXHIBIT "B"
GRANT PROJECT DESCRIPTION
(to include sections for project timetablefs and project cost/budget, plus
invoice )
Caporella Park Project - See Attachments.
Page 21 of 23
Challenge Grant Agreement
Exhibit "B" Grant Project Description
Attachment 1 of 2
BROWARD COUNTY
2000 SAFE PARKS AND LAND PRESERVATION BOND PROGRAM
CHALLENGE GRANT / SWIM CENTRAL
PROJECT TIMETABLEISCHEDULE
A enc City of Tamarac
Project Number:
Project Name: Caporella Park
Project Elements Start Date Com letion Date
Pre Construction
Design, Permits, Development Review, 2/Q2 4102
Surveys
Site Work
Including irrigation, security lighting, 4/02 7/02
parking area, Bridge demolition
Restroom/shelter and bridge construction 7/02 10/02
Closeout and Certificate of Completion 10/02 11 /02
Challenge Grant Agreement
Exhibit "B" Grant Project Description
Attachment 2 of 2
BROWARD COUNTY
2000 SAFE PARKS AND LAND PRESERVATION BOND PROGRAM
CHALLENGE GRANT / SWIM CENTRAL
PROJECT COST/BUDGET
A enc : City of Tamarac
Project Number:
Project Name: Caporella Park
EXHIBIT "C"
GRANT PROJECT DESCRIPTION
(Real Property Document(s) re property title or leasehold interest)
(Per Exhibit "A")
Caporella Park Project - See Attachment.
Page 22 of 23
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OR BK 29926 PG 0250
RECORDED 18/11/1999 le:52 PM
COMMISSION
sROIM CUM
DEPUTY CLERK 1616
City of Tamarac
Deed for Caporella Park
& Notice of Limitation of Use/Site Dedication
CITY OF TAMARAC
7525 N. W. 88 AVENUE
TAMARAC, FLORIDA 33321
City Clerks Dept.
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DEFERRED ITEM I
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•• WAr1rtA,r{YY.bRip• nwMCO FORM 01
brwrto�.+o Warranty Warranty Pied Mad- the 31st day of December A. D. 1979 by
NICK A. CAPORELLA, Trustee
lteminaflar caked Ike grantor, to
CITY OF TAMARAC, a municipal corporation of the State of Florida
u+hosa postoffice oddress Is
hereinafter called the grantee:
It+arrr•'rr Lod hrren rhr lerl" ' R ea~.1 �•.dividuX. •--d M .tlfo -W —1%- rd ewpr+ pi-14
on.)
' Ih-`M,in, N• raprerm,uvn M r r wr
W(lnesseth. That rill, grantor, for and In eansidemtlon of the sum of $10.00 and other
valuable considerations. Mew whemof Is hereby acknoujvrifted• herby granir, bargains. sells• allenr• re-
mises, releases, conveys and conlirms unto the gronloo. all Ihai certain Imtd sliunte in
County. Florida. aim:
The south one-half (1/2) of the northwest quarter of the
southeast quarter of the northeast quarter, together with
the north half of the southwest quarter of the southeast
quarter of the northeast quarter of Section 17, Township 49
south, Range 42 east, Broward County, Florida, less the West
50 feet thereof.
Subject to conditions, restrictions, limitations and easements
of record, if any.
By its acceptance of this deed, the grantee agrees that it shall
h use the subject property primiarily for a public park or other
p recreational purposes -----, for a minimum period of 20 years. zzS
aiDnG
Be
e
i s C
nga"r��
is
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[09aff wuk all the tenements, keraditomenis and appurtononcvs thereto belonging or to a" -
wise appertaining. `n
To Have and to 11oldr the some in fee simple forever. �u
%d the grantor hereby covenant, with said grantee that the grantor is lawfully sdsed of said land
In fee simple: that Ike grantor kas good right and lawful authority to sell and convey said land: thah4lu '
gmntar hereby fully warrants the Nile to Said land and will defend the same against the lawful alaigtS of t
ail parsons whomsoever. and that said land is free of all encumbrance!. exrapt takes accruing subsegaant
to Dommbw 31. 19 79 (Y'ao
STATEostlOCt7 l)Mi N1ARY,�"� 57��1 rot Ti�R:(OEPS.Of REVENUE >w° �1�4Co
.c.. .the Said grantor h signed and sealed these presents the day and
first above written.
Sign Sealed and delivered press
........... �.._..-._-..-......_... �.��
...... ..........
u,C! af�OW Pall aaeeaoew use
STATE OF F DAB
COUNTY OF �[
1 14EREaY CERTIFY that on this day, before me, an officer duly
Ruthoraed is the State afcmaid end in the County atoreraid to take
aeknowledgtnrntti persenally appeared
Nick A. Caporella, Trustee
Paola. Stets of Florida at 6a10
�ameiasloa Expires July A, ISM
.t . h Ira d a an
^fiN . Y •' � airo4���/j� .� .... vJ ......� 1t Al, C5.9g •!�9Wlof...
Is+!g .�1• . p.Ll �; Michael 'A. Berke
id/rulnnrgrrl 9d:by: l$ W Flagler, Suite M-10
t4i aln�; Florida 3313D
to me k:wwm to be the prrsoa de.Abed in and who mecurrd the
toregoinll instrument and ne a&nowfedbed More ate that he
executed the earn,.
• -U '4- "' 'toy hand and eilic�' seat is the County and
��` *$Vatc i••aiwctaid this 31st �. ! 79 day at
f , {�'Ce� A htJtol
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FLORIDA DEPARTMENT OF ENVIRONMENTAL PKU I EU I IUN
STANDARD LANGUAGE FOR PROPERTY RECORDS
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Notice of Limitation of Use/Site Dedication
P
The Property identified in the attached project agreement and boundary map has been
acquired or developed by the project sponsor with financial assistance provided by the
Florida Department of Environmental Protection (DEP) in accordance with Program
statutes. Pursuant to requirements of that rule, land already owned and then developed
or land acquired by the project sponsor with grant assistance shall be dedicated in
perpetuity as an outdoor recreation area for the use and benefit of the general public.
Leased land developed by the project sponsor with program assistance shall be
dedicated as an outdoor recreation area for the general public for a minimum of twenty-
five (25) years after completion of development. If the project sponsor should convert
any part of the project area or the facilities thereon, whether acquired or. developed with
grant assistance, to other than DEP approved recreational uses, the project sponsor .
shall replace the area and facilities at its own expense with a DEP approved project of
comparable or greater scope and quality. In lieu of such replacement,D-.P may require
return of grant funds disbursed to the project sponsor. Grant funds shall be refunded
with interest, calculated at two (2) percent over the prevailing prime rate as reported by
the Federal Reserve.
I certify that copies of the Notice of Limitation of Use/Site Dedication form, project
agreement and project boundary map have been filed in the County Courthouse with
the deed to the property on which the following grant project is located:
Caporella Park - F99104
FRDAP Project Name and Number
Signature LiaisoMA ent
Kathleen S. Mar oles Parks & Recreation Director
Typed Name and Title
g zz y
Date
FPS-A038 (8/13/98)
DR OK 2992E PG 0253
F9104
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this JC I � day of
19 61 by and between the State of Florida, DEPARTMENT
of Environmental Protection, hereinafter called the DEPARTMENT, and
the City of Tamarac, hereinafter called the GRANTEE, in furtherance of
an approved public outdoor recreation project. In consideration of
c
the mutual covenants contained herein and pursuant to Sections
370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5,
Part V, Florida Administrative Ccde, the parties hereto agree as
follows:
1. This Agreement shall be performed in accordance with
Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter
62D-5, Part V, Florida Administrative Code, hereinafter called the
RULE. The GRANTEE shall comply with -all provisions of the RULE, which
is incorporated into this Agreement .by reference, as if fully set
forth herein. Failure to comply with provisions of the RULE may
result in cancellation of the Agreement by the DEPARTMENT. Disputes
concerning the interpretation or application of this Agreement shall
be resolved by the DEPARTMENT whose decision shall be final and
Page 1 of 13
binding on the GRANTEE. The DEPARTMENT may cancel this Agreement for
failure by the GRANTEE to Perform pursuant to the terms and conditions
of this Agreement. It is the intent of the DEPARTMENT and the GRANTEE
that none of the provisions of Section 163.01, Florida Statutes, shall
have application to this Agreement.
2. The DEPARTMENT has found that public outdoor recreation
is the primary purpose of the project known as Caporella Park (Florida
Recreation Development Assistance Program, FRDAP Project Number
F99104), hereinafter called the PROJECT, and enters into this
Agreement with the GRANTEE for construction of public outdoor
recreation facilities and improvements on real property, the legal
description of which is set forth in the PROJECT application. The
PROJECT application -is incorporated into this Agreement by reference
as if fully set forth herein.
3. The GRANTEE will construct, or cause to be constructed,
certain public outdoor recreation facilities and improvements
consisting of the following PROJECT elements which may be modified for
good cause by the DEPARTMENT: Fishing Pier, Play Structure, Security
Lighting and Other Related Support Facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis, to
the GRANTEE, funds not to exceed $ 90,975, which will pay the
DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits
are based upon the following:
Page 2 of 13
DEPARTMENT Amount $ 90,975 75%
GRANTEE Match $ 30,325 25%
Type of Match Cash anu/or In -Kind Services
The PROJECT reimbursement request shall include all documentation
required by the DEPARTMENT for a proper pre -audit and post -audit
review. The DEPARTMENT'S Contract Manager shall, within sixty (60)
days after receipt.of a payment request, review the work accomplished
to date under this Agreement and, if the work and payment request are
in accordance with all applicable requirements, approve the request
for payment. The DEPARTMENT shall retain 10% of the entire DEPARTMENT
amount until completion of the PROJECT and all PROJECT completion
documentation, as described in the Florida Recreation Development
Assistance Program Completion Documentation, DEP Form 42-006, is
submitted to the DEPARTMENT by the GRANTEE.
S. Prior to commencement of PROJECT construction, the
GRANTEE shall submit for DEPARTMENT approval the documentation
described in the Florida Recreation Development Assistance Program
Development Project Commencement Documentation Form, DEP Form 42-005.
6. The GRANTEE shall comply with the Division of Recreation
and Parks' Grant and -Contract Accountability Procedure, hereinafter
called the PROCEDURE, and incorporated into this Agreement by
reference as if fully set forth herein. The GRANTEE shall ensure that
all purchases of goods and services for accomplishment of the PROJECT
shall be secured in accordance with the GRANTEE'S adopted procurement
Page-3 of 13
A A% V✓T✓
procedures. Expenses representing the PROJECT costs, including
required matching contribution, shall be reported to the DEPARTMENT
and summarized an certification forms provided in the PROCEDURE. The
PROCEDURE establishes uniform guidelines to be utilized by the
DEPARTMENT and the GRANTEE in accounting for PROJECT funds disbursed
under the PROJECT and sets forth principles for determining eligible
costs, supporting documentation and minimum reporting requirements.
7. The GRANTEE shall retain all records supporting PROJECT
costs for three (3) years after the fiscal year in which the final
PROJECT payment was released by the DEPARTMENT or until final
resolution of matters resulting from any litigation, claim or audit
that started prior to the expiration of the three-year retention
period. The DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the right to
inspect and audit the GRANTEE'S records for said PROJECT within the
retention period.
8. PROJECT funds may be reimbursed for eligible costs
incurred by GRANTEE prior to execution of this Agreement if the
GRANTEE has been granted a written Waiver of Retroactivity by the
DEPARTMENT and all applicable requirements have been satisfied. The
DEPARTMENT and the GRANTEE fully understand and agree that there shall
be no reimbursement of PROJECT funds by the DEPARTMENT for any
obligation or expenditure made prior to the execution of this
Agreement with the exception of $ 0 , for: N/A
Page 4 of 13
9. This Agreement shall become effective upon execution and
the GRANTEE shall complete construction of all PROJECT elements on or
y The completion date may be extended by
before ,j
the DEPARTMENT for good cause at the written request of the GRANTEE
and must be made prior to PROJECT completion date.
10. The DEPARTMENT'S Contract Manager for the purpose of
this Agreement shall be responsible for ensuring performance of its
terms and conditions and shall approve all reimbursement requests
prior to payment. The GRANTEE'S Liaison Agent, as identified in the
PROJECT application, or successor, shall act on behalf of the GRANTEE
relative to the provisions of this Agreement. The GRANTEE'S Liaison
Agent, shall submit to the DEPARTMENT signed PROJECT status reports
every ninety (90) days summarizing the work accomplished, problems
encountered, percentage of completion and other appropriate
information. Photographs shall be submitted when appropriate to
reflect the construction work accomplished.
11. All monies expended by the GRANTEE for the purpose
contained herein shall be subject to pre -audit review and approval by
the Comptroller of Florida in accordance with Section 17.03, Florida'
Statutes.
12. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees and agents.
However, nothing contained herein shall constitute a waiver by either
Page 5 of 13
.... _ I K t534'
party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
13. The GRANTEE shall comply with all federal, state and
local rules and regulations in developing this PROJECT. The GRANTEE
acknowledges that this requirement includes compliance with all
federal, state and local health and safety rules and regulations. The
GRANTEE further agrees to ensure that the GRANTEE's contract will
include this provision in all subcontracts issued as a result of this
Agreement.
14. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any reasonable
time.
15. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public access to
all documents, papers, letters or other materials made or received in
conjunction with this Agreement pursuant to the provisions of Chapter
119, Florida Statutes.
16. Following receipt of an audit report identifying any
reimbursement due the DEPARTMENT for non-compliance by the GRANTEE
with this Agreement, the GRANTEE will be allowed a maximum of sixty
(60) days to submit additional pertinent documentation to of-fset the
amount identified as being due the DEPARTMENT. The DEPARTMENT,
following a review of the documentation submitted by the GRANTEE, will
inform the GRANTEE of any reimbursement due the DEPARTMENT.
Page 6 of 13
In 0J1Fa
OR BK 29926 PG 0259
17. The DEPARTMENT shall also have the right to demand a
refund, either in whole or part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the terms of this Agreement. The
GRANTEE, upon notification from the DEPARTMENT, agrees to refund, and
will forthwith pay to the DEPARTMENT, the amount of money demanded by
the DEPARTMENT. Such refund shall include interest calculated at two
(2) percent over the prevailing prime rate as reported by the Federal
Reserve on the date the DEPARTMENT calculates the amount of refund
due. Interest shall be calculated from the date(s) of payment(s) to
the GRANTEE by the DEPARTMENT.
18. The State of Florida's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the
Florida Legislature.
19. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes.
20. Allowable indirect costs shall not exceed 15% of the
GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15%
must be approved in advance by the DEPARTMENT to be considered
eligible PROJECT expenses.
21. If asphalt paving is required for the PROJECT it shall
conform to the Florida DEPARTMENT of Transportation's specifications
for road and bridge construction. Sid specifications, contracts
and/or purchase orders of the GRANTEE must specify thickness of
asphalt and square yards to be paved.
Page 7 of 13
OR OR Z-"`a TR 8345
22. Prior to final reimbursement, the GRANTEE must erect a
permanent information sign on the PROJECT site which credits PROJECT
funding or a portion thereof, from the Florida DEPARTMENT of
Environmental Protection and the Florida Recreation Development
Assf6tance Program.
23. Land owned by the GRANTEE, which is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity by the
GRANTEE as an outdoor recreation site for the use and benefit of the
public. The dedication must be recorded in the public property
records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if
on GRANTEE --owned land and purchased or developed with FRDAP funds,
shall be managed for outdoor recreation purposes for a minimum period
of twenty-five (25) years from the completion date set forth in the
PROJECT completion certificate. Land owned by an entity other than
the GRANTEE which GRANTEE controls by lease, permit, license,
easement, management agreement or other valid interest and developed
with FRDAP funds, shall be managed as an public outdoor recreation
area for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. Such
PROJECT shall be open at reasonable times and shall be managed in a
safe and attractive manner appropriate for public use. Should GRANTEE
convert all or part of the PROJECT site to a use or uses other than
DEPARTMENT approved public recreational uses, the GRANTEE shall
replace the area, facilities, resource and site at its own expense
Page 8 of 13
OR SK 2W26 PG @261 I n 04:5
with a project of comparable scope and quality acceptable to the
DEPARTMENT. In lieu of accepting a replacement facility, resource or
site, the DEPARTMENT may require return of all FRDAP funds with
applicable interest.
i' 24. The employment of unauthorized aliens by any GRANTEE is
considered a violation of Section 274A(e) of the Immigration and
Nationality Act. If the GRANTEE knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of
this Agreement. The GRANTEE shall be responsible for including this
provision in all subcontracts with private organizations issued as a
result of this Agreement.
25. No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be excluded
from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Agreement.
26. This Agreement strictly prohibits the expenditure of
FRDAP funds for the purpose of lobbying the Florida Legislature, the
judicial branch, or a state agency.
27. Any local governmental entity, nonprofit organization,
or for -profit organization that is awarded funds from a grants and
aids appropriation by a state agency shall:
Page 9 of 13
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida Statutes; or
(b) If the amounts received exceed $25,000, but do not exceed
$109,000, have an audit performed in accordance with the rules of the
Auditor General promulgated pursuant to Section 11.45, Florida
Statutes, or have a statement prepared by an independent certified
public accountant which attests that the receiving entity or
organization has complied with the provisions of this Agreement; or
(c) If the amounts received do not exceed $25,000, have the head
of the entity or organization attest, under penalties of perjury, that
the entity or organization has complied with the provisions of this
Agreement.
28. Pursuant to Section 215.422, Florida Statutes, the
DEPARTMENT's Project Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the services for
payment. The DEPARTMENT must submit a request for payment to the
Florida DEPARTMENT of Banking and Finance within twenty (20) days; and
the DEPARTMENT of Banking and Finance is given fifteen (15) days to
issue a warrant. Days are calculated from the latter date the invoice
is received or services received, inspected, and approved. Invoice
payment requirements do not start until a proper and correct invoice
has been received. Invoices which have to be returned to the GRANTEE
for correction(s) will result in a delay in the payment. A Vendor
Page 10 of 13
Ombudsman has been established within the Florida DEPARTMENT of
Banking and Finance who may be contacted if a contractor is
experiencing problems in obtaining timely payment(s) from a State of
Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924
or 1�800-848-3792.
29. In accordance with Section 215.422, Florida Statutes,
the DEPARTMENT shall pay the GRANTEE, interest at a rate as
established by Section 55.03(l), Florida Statutes, on the unpaid
balance, if a warrant in payment of an invoice is not issued within 40
days after receipt of a correct invoice and receipt, inspection, and
approval of the goods and services. Interest payments of less than $1
will not be enforced unless the GRANTEE requests payment. The
interest rate established pursuant to Section 55.03(l), Florida
Statutes, by comptroller's Memorandum No. 3 (1997-98) dated December
3, 1997, has been set at 10 . 0% per annum or . 02'740 o per day. The
revised interest rate for each calendar year beyond 1998 for which the
term of this Agreement is in effect can be obtained by calling the
DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone
number provided above or the DEPARTMENT's Contracts Section at
850/922-5942.
30. A person or affiliate who has been placed on -the
convicted vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any public entity,
Page 11 of 13
AL 1\ VV •v
and may not transact business with any public entity in excess of the
threshold amount provided in Section 28-7.017, Florida Statutes, or
Category Two, for a period of 36 months from the date of being placed
on the convicted vendor list.
31. 1n addition, a copy of the audit or attestation as
required in paragraph 27, shall be submitted to the DEPARTMENT within
one (1) year from the PROJECT completion date as set forth in the
PROJECT completion certificate.
32. This Agreement is not intended nor shall it be construed
as granting any rights, privileges or interest in any third party
without mutual written agreement of the parties hereto.
33. it is understood by the parties that the amount of this
Agreement may be reduced should the Governor's Budget office declare a
revenue shortfall and assess a mandatory reserve. Should a shortfall
be declared, this Agreement may be reduced by the same percentage as
the DEPARTMENT is assessed for the mandatory reserve.
34. This Agreement represents the entire agreement of the
parties. Any alterations, variations,_ changes, modifications or
waivers of provisions of this Agreement shall only be valid when they
have been reduced to writing, duly executed by each of the parties
hereto, and attached to the original of this Agreement.
Page 12 of 13
TR 8345
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STP,TE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By: zz�_ �_�
D' ision Director or Designee
Division of Recreation and Parks
CITY OF TAMARAC
By:
Title:
Address: Address:
Bureau of Design and Recreation Services 7501 North University Drive
Division of Recreation and Parks Tamarac, Florida 33321
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
i
/ D P Contract Manager
Approved as to Form and Legality:
This form has been pre -approved as to
form and legality by Paige Hammond,
Assistant General Counsel, on
May 27, 1998, for use for one year.
DEP 42-058
Revised 05-30-98
Page 13 of 13
Grantee Attorney
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)
GABOND GRANTS\Challenge GRANMontracts\Tamarac - Caporeila Park,wpd Page 23 of 23
1 K 8345
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STP,TE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
4ision rector or Designee
Division of Recreation and Parks
Address:
Bureau of Design and Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
i �
D P Contract Manager
CITY OF TAMARAC
Title: )�_�
Address:
7501 North.University Drive
Tamarac, Florida 33321
Approved as to Form and Legality: Attorney to.. Grantee Attorney
This form has been pre -approved,
form and legality by Paige Hammond,
Assistant General Counsel, on
May 27, 1998, for use for one year.
DEP 42-058
Revised 05-30-98
Page 13 of 13
EXHIBIT "D"
List of CONTRACTOR'S SDBE Participating Vendors
GABOND GRANTS\Challenge GRANT\Contracts\Tamarac - Caporella Park.wpd Page 23 of 23
4 Temp. Reso. #9610 - Exhibit B
Temp. Reso #9286
FebrUary 15, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-35
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
of OF TAMARAC, FLORIDA AUTHORIZING THE
1" APPROPRIATE CITY OFFICIALS TO EXECUTE AN
APPLICATION TO THE BROWARD COUNTY SAFE PARKS
AND LAND PRESERVATION CHALLENGE GRANT
PROGRAM IN THE AMOUNT OF $259,900 IN ORDER TO
PROVIDE THE RESIDENTS AND VISITORS ENHANCED
PARKS AND RECREATION PROGRAMS AT CAPORELLA
PARK; PROVIDING FOR A MATCH IN THE AMOUNT OF
$102,500 IN THE FORM OF OTHER GRANT DOLLARS;
INCREASING THE APPROPRIATION FOR IMPROVEMENTS
TO THE CAPORELLA PARK TO $362,400; 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
0 recreation facilities and environment; and
WHEREAS, the Broward County Safe Parks and Land Preservation Challenge Grant
Program provides grants to local governments to develop public outdoor recreation
programs; and
WHEREAS, the City of Tamarac is submitting an application to the Broward County
Parks and Land Preservation Challenge Grant Program, attached hereto as Exhibit A; and
WHEREAS, the City Commission of the City of Tamarac has an on -going program of
public participation and input through the activities of the Tamarac Parks and Recreation
Board; and
WHEREAS, the Tamarac Parks and Recreation Board recommends the
improvements that will be accomplished if the grant is awarded to the City of Tamarac; and
•
Temp. Reso #9286
February 15, 2001
Page 2
WHEREAS, it is a requirement of the grant program that a public hearing regarding
the proposed development of Caporella Park be held; and
WHEREAS, public hearings regarding the proposed development of Caporella Park
have been held; and
WHEREAS, the City Commission of the City of Tamarac, Florida is willing to match
the grant request of $259,900 with other grant funds in the amount of $102,500 for a total
project cost of $362,400; and
WHEREAS, it is a requirement of the grant program that this Resolution be adopted
and become an official part of the application; and
WHEREAS, the City Manager and Director of Parks and Recreation recommend
approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to enhance recreation
and park facilities.
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.
Section 2: The appropriate City Officials are hereby authorized to execute the
Safe Parks and Land Preservation Program Challenge Grant application for $259,900 from
Broward County providing for a match of $102,500 for a total project cost of $362,400,
attached hereto as Exhibit A.
Section 3: The appropriate City officials are hereby authorized to increase the
appropriation for the Caporella Park improvements to $362,400.
C]
1-1
is
Temp. Reso #9286
February 15, 2001
Page 3
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: If any clause, section, other part or application of this Resolution is
Meld 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 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 2e day of February, 2001
ATTEST:
o \=MAR1 ENSON, CMC
11 ERK
LQ
e I FL'8'Y�YIFY that I have
�'ap�ved tesoiution as
,fib � • � .
C ELL FT
CITY ATTORNEY
JOE S HREIBER, MAYOR
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOF...
DIST 4: VIM ROBERTS
BROWARD COUNTY
SAFE PARKS & LAND PRESER VA TION PROGRAM
CHALLENGE GRANT APPLICATION
(PLEASE TYPE)
For Office Use
Project #
Date Received
APPLICANT INFORMATION
Applicant: City of Tamarac
Project Title: Ca orella Park
Project Liaison Agent: Diane Philli s
Title: Special Pdects Coordinator
Address: City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida Zip Code: 33321
Telephone: (954) 724-1230
Fax: (95472) 4.2549
E-Mail dianep(u�tamarac.org
—.
I hereby certify that the information provided in this application is true and accurate.
Signature: Date: 2/28/01
Typed Name: Jeffrey L. Miller
Title: City Manager
County Commission District Where Project is Located: District 9
PROJECT INFORMATION
1.
Amount of Grant Request ___,_____- ______. _-___-_----_-- $ 259,900.00
Other Funds ------
-------------- $ 102,500.00
Total Project Cost --------------------------------------------- $ 362,400.00
Source of other funds, (local, grant(s), identify grant(s): FRDAP
Funds are Utilized as Match for (Check One if Applicable): FRDAP FIND
LWCF FCT OTHER
Site Control (Check One):
Acquiring Leased Owned_
If Leased, From Who, and Date of Expiration of Lease:
PROJECT DESCRIPTION
Brief Project Description: Caporella Park is a nine acre community park located in the most eastern and oldest
section of Tamarac. It contains a lake, a one-milepedestrian/bike path, a small parking area, a layground and a
fishing pier. There is a bridge over the lake at the southern end of the project, which is currently barracaded due to
its state of disrepair. The park is located on Prospect Road, one block north of Commercial Boulevard, one of the
most traveled thoroughfares in the county and a major east/west road, An industrial park borders the project on the
east side. We are beginning to see redevelopment in this eastern area of the City. Single and multi family homes
border the park to the north and the residents are a mix of senior citizens and families with children. The proposed
project would provide for expansion of the parking area, re lacement of the condemned bridge, competion of the
pedestrian/bike path around the perimeter of the park, construction of a restroom and picnic pavilion, and
installation of the irrigation system.
2
Type, and Estimated Cost of Proposed Development by Facility or Amenity:
Facility Quantity Estimated
(Number and/or Footage) Cost
Demolish and replace bridge 1 - estimated size 6 ft. x 60 ft. 100,000.00
Restroom w/ pavillion 1 - approx. 1600 square feet 150,000.00
Expand parking area add 20 spaces 30,000.00
Irrigation automated system/lake source 50,000.00
Picnic Tables 10 recycled plastic 3,500.00
Shelter Grill 1 est. 9 square feet 1,500.00
Security Lighting 10 poles Ca $2200 each. ` _ 22,000,00
Complete pedestrian/bike path 811. X 300 ft. section 5,400.00
Total $ 362,400.00
Project Location: On Prospect RoadJust 'ust north of Commercial Boulevard in Tamarac
Driving Instruction From 1-95 to Project Site (Include location map): From 195 exit west Commercial
Boulevard to Prospect Road. Turn north on Prospect. The park is on the right.
Total Acreage of Project Site:
3
9.0
Describe Existing Environmental Conditions and List Existing Park Facilities at Project Location:
Caporella Park is a nine acre site containing a 5 1/2 acre lake surrounded by approximatelZ 3/ 1/2 acres of cleared,
sodded land. Phase one improvements were completed in 1999_ Exisiting facilities include a playground, a small
parking area,_a fising pier, a partialIX completed pedestrian/bicycle path along the perimeter of the park, and eight
security lights along the path on the northern and a portion of the eastern side of the park. -.
PROJECT SCORING QUESTIONS
(Please Type)
1. Describe how the proposed project will contribute to new or improved programming and
services in the area it will serve. Also, does the project provide for new or increased use of
recreational facilities by minorities, the disadvantaged, children, elderly, persons with
disabilities and /or other under served groups? The more amenities or project elements that
are proposed, the higher the score. 1-25 points
The park contains a playground, a partially completed pedestrian/bike path and a fishing pier. The neighborhhood has
transitioned from a primary retirement commuity to one containing families with small children. As a result, the park is
receiving a higher level of usage than was origially predicted. A restroom will make the park more accessible, particularly to
families with younger children. A pavilion with picnic tables and a grill will allow those who wish to remain and picnic in the
park to do so, as well as provide a much needed area for shelter from the sun for our senior residents who also visit the park.
As previously mentioned, the existing bridge is currently barricaded because it is unsafe. Therc is a pedestrian/bicycic path
along the outskirts of the park, which presently ends approximately 300 feet before the closed bridge. Replacement of the
bridge and construction of approximately 300 feet of path will provide a continuuous pedestrian/bike path around the
perimeter of the park. The park presently contains a small parking area, which is too small to accomodate the number of
residents who currently drive to the park. Expanded parking is presently needed and this situation will only be exacerbated as
additional facilities are added to the park. The proposed improvements will additionally enable us to fully utilize this park for
our summer camp program of approximately 300 children.
4
2. Is a municipal applicant deficient in park land, and can demonstrate the deficiency? 1-10
points
Policy 15.1 of the Tamarac Comprehensive Plan Future Land Use Element states that the City adopted standard
for the provision of public park land is 2.3 acres of park and open space per 1,000 population in 1999_ Based upon
the City's current estimated population of 55,684, the City's adopted parks and open space level of service standard
(2.3 acres per 1,000 population) requires 128 acres of public park and opens ace. The City's current public park
inventory of 55.81 acres falls short of the City standard by approximately 72 acres.
3. Applicants that intend to use the funds to leverage additional funds through other grant
programs must identify how funds are to be leveraged. Does the applicant of the project
propose a partnership with another agency? Show letters or agreements of partnership, if
possible. Applicants should demonstrate what previous projects requiring grant funds have
the applicant been successful in applying for, and the outcome of the project. I-30 points
The City was recently awarded a FRDAP grant for $102,500. These funds have been earmarked towards phase II
construction which includes the bridge, expansion of the parking area, amd construction of the restrooms and
avilion. Funding requested through this grant process would provide the additional funds needed to accomplish
these projects and further provide picnic tables and a shelter grill for the pavilion, improvements to the irrigation
system, completion of the edestrian/bikepath; and additional security lighting.
The City was awarded a FRDAP grant in 1998. These funds were utilized for phase I of the ark's development
which included construction of the fishing pier, playground, and a onion of the edestrian/bike path. Phase I of
the project was successfully completed in 1999.
4. Points should be given to applicants that provide public input and public hearings about the
proposed project. Provide documentation of public input and hearings as well as letters of
support and opposition. S points for public input, 10 points for public input and public
hearings.
Both public input and public hearings have been provided relative to the enclosed project. The project has been
included on the agenda of the Parks and Recreation Board Agenda (see enclosed minutes and letters of support).
The project has been the subject of a Public Hearing held solely for the purpose of discussing_ the future
w
development of the ark (see ad enclosed) and has additionally recently again been included on the City
Commission Agenda (see legislation enclosed). The proposed project has been well received by the community
and no objections have been raised.
S. Is the public usage of the proposed project clearly quantified? 1-30 points
The park is open to the general public daily from dawn until dark._ Commercial Boulevard is located one block
south of the park providing easy access by automobile . The park is included on the Tamarac Transit route._ _
6. Is the applicant sufficiently capable and qualified to complete the proposed project and
operate the facility, have an established organization and programming history, employ a
professional staff for the construction/acquisition, or programming and services and have the
ability to operate and maintain the proposed facilities or property? 1-30 points
The City contracted with Recreational Design and Construction Inc., for phase I of the park which was
successfully completed in 1999, The City utilizes a bid process to secure vendor services and will again do so to
construct phase 11. The City of Tamarac Parks Division of the Parks and Recreation Department is responsible for
grounds and facilities maintenance in the Cites parks and recreational complexes. The need for additional
maintenance resources due to park expansion was addressd in the FY01 budget. The Recreation Division provides
recreational management of the park. The Recreation Division continues to see substantial staffing expansion as
programs and facilities multiply. Operating expenses, including maintenance and program costs, are included in
the City General Fund Budget. Capital Improvements are handled through the Capital Improvement Project
Budget. The Tamarac Parks and Recreation Department is extremely proactive in developing strategies to
provide quality, cost effective services. User fees are implemented and contract instructors are utilized, when
appropriate.
Non -Profits must be in existence for a minimum of 10 years. Non-profit applicants will
receive five points if they are in existence between 10 and 20 years. Non-profit applicants will
receive 10 points if they are in existence for more than 20 years. Non-profit applicants must
include documentation showing when founded, by-laws, and financial records for the past
three years.
N/A
S. Will the proposed project be an element in neighborhood redevelopment? 15 points
The project is located in the oldest section of Tamarac and borders the Urban Infill area located approximately one
block south of the park. Industrial development borders the park on the east. This general area of the City is
beginning to undergo redevelopment, most notably in the commercial areas and extending to the residential as the
neighborhood transitions from what was originally a retirement community to one which now includes families
with children.
1�1
9. Does the proposed facility provide access or use of adjacent public waters and will the project
tie into or expand an existing greenway or waterway? 20 points
The City considers the Caporella site an existing greenway. At present, the majority of public facilities are located
on northern section of the 9 acre site. The proposed project will extend usage of the site to the southern end.
Replacement of the bridge on the south side of the p2rk will allow for completion of thepedestrian/bike path
around the perimeter of the park. There is a 5 1/2 acre lake on site. Construction of the bridge will also provide
additional access to the lake for fishing.
10. Does the project have a demonstrated historic/archaeological or a cultural resource element?
5 points.
There are no known historic archaeological or cultural resources on the project site.
11. Will the public have easy access to the proposed facility? 1-5 points
The p ject is located on Prospect Road block north of Commercial Boulevard, a major east/west roadway,
ro" ..._._,._, one .._ omme.. -. -
providing easy access to those traveling by automobile. Residential development exists to the immediate north
and east of the site and on the south side of Commercial Boulevard. These citizens are within walking, bicyclin
distance of the site which serves as a neighborhood park. The park is a scheduled stop on the Tamarac Transit
route and can aslo be reached through the County Bus system which runs along Commercial Boulevard.
W
12. Does the project provide a clear public recreational benefit for the funds expended? 1-40
points
The park is open to the general public and currently_ contains a fishing pier on the north side of the lake, a
playground with a small parking area, and a pedestrian/bike path which partially encircles the park_ The ark has
experienced a higher level of usage than previously anticipated and there is not presently enough parking to
accomodate current visitors. It is antici ated that with expanded amenities the number of visitors will increase
therebyrequiring expansion of the parking facilities: Provision of a restroom with pavilion, picnic tables and
* shelter grill will allow for extended park activity. At present, park amenities are concentrated on the north side of
p p rty, g of the lake and extension of the pedestriantbike
the roe The construction of the bridge over the southern end _ . � _
path will, in essence extend use of the park to the south side and provide an opportunity for jogging and bicycling
around the entire perimeter of the park. The proposed project will also provide security lighting along the entire
length of the pedestrian path, thus providing an opportunity for joggingLbicycling around the perimeter of the park
during the early morning hours and at dusk.
13_ Demonstrate how the proposed project will accommodate nationally recognized recreational
design standards for similar facilities, use construction materials of long lasting quality, and
reflect energy efficiency in design and operation. 1-20 points
This project will _incorporate recognized national recreational design standards. Consulting, architectural, and
p _ them in their design. Tamarac will utilize a bid
engineerin firms are aware of these standards and will use .� _ �
process .._construction of the roposed impyovements. Prospective contractors we required to cite examples
for constru pve ill b - _ � _ _
of previously completed projects. Construction materials to be used, where possible, will be recycled plastic
building materials, concrete, asphalt, aluminum, concrete block, and metal. Every effort will be made to use only
the highest quality of building materials. Energy efficient designs will be developed and used in the construction
of the project. Irrigation will draw from the lake on site.
10
14. Is the project a new facility within an existing recreational amenity or a rehabilitation of an
existing facility? If an existing facility, what is the age of the facility to be renovated? Older
facilities will have a higher score. 1 point for every 5 years of age of the facility to be
renovated. Maximum of 5 points
The proposed project will provide new facilities not presently at the park, as well as rehabilitate/replace the bridge
which was originally constructed in 1988.
15. Will the proposed project enhance any environmentally sensitive areas? 10 Points
N/A
H \WP\WPDOMBOND CHALLENGE GRANT APPLICATION 11MM
AGREEMENT,
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
BROWARD COUNTY CHALLENGE 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,"
and
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, Twenty Million Dollars
($20,000,000) has been allocated for the Challenge Grant Program to benefit municipal
parks and recreation systems within the geographic boundaries of Broward County and
eligible nonprofit organizations that operate recreation 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:
GABOND GRANMChallenge GRAN RContracts\Tam m - Capom la Park.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 Counly 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 Twenty Million Dollars ($20,000,000.00) under
the 2000 Broward County Safe Parks and Land Preservation Bond Program to be
utilized for Challenge 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 Match - For the purposes of this Agreement, "Match" is defined as the monetary
contribution that CONTRACTOR is guaranteeing to spend on the Project. In the
event CONTRACTOR anticipates its Match funding from an outside source, e.g.
grant program, CONTRACTOR is responsible for Match funding even if the outside
funding source contribution is not received by CONTRACTOR.
1.7 Project - The Project consists of the services described in Article 2.
G:IBOND GRANTMhollenge GRAhMontrads\Tamarac - CWporella Park.wpd
Page 2 of 23
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 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
Grant 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 dedicated for
public recreational 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.
GABONO GRANTS%ChallanW GRANMontracta\Tamarac - Caporella Park.wpd Page 3 of 23
ARTICLE 4
COMPENSATION
4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the
total amount not to exceed Two Hundred Twenty Nine Thousand Four Hundred
Twenty Four Dollars ($229,424.00) for CONTRACTOR's Project 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 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. CONTRACTOR
either [check one] X agrees to provide matching funds in the amount of
$57,366.00 as specified in Exhibit "A," and pursuant to the Grant Program criteria,
or will not be providing matehing funds pursuant to the Gramt Program erit
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/orthe 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.
G:\BOND GRANTMChallenge GRANT\Caitracta\Tamarac - Caporella Park.wpd
Page 4 of 23
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 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 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 and Fifty Thousand Dollars
($250,000.00), Twenty-five Thousand Dollars ($25,000.00) will be retained until
Project completion. Should matching funds as described in Sections 1.6 and 4.1
above be part of the Project, the retained Ten Percent (10%) of COUNTY's portion
shall not be paid until CONTRACTOR has obtained the matching funds amount and
has applied same to the Project.
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.
GABOND GRANTS\Challenge GRANMontractslTamarac - Caporella Park.wpd
Page 5 of 23
4.8 Payment shall be made to CONTRACTOR at:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 88t' Avenue
Tamarac, Florida 33321
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,
GABOND GRANTS\Challenpe GRAN-hConft=ft\Tamarac - Caporelle Park.wpd Page 6 of 23
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; 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.
GABONO GRANTS%Challenge GNANTCanVWffamarec - Caporella Park.wpd Page 7 of 23
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 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 years) 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.
GADOND GRANTS\Challenge GRAN RConhws\Tamarec - Cepvrella Park.wpd Page 8 of 23
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 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.
GA30ND GRANTS1Challenge GRANTIContm mTemam - Caporalla Park.wpd Page 9 of 23
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 1fi%z), national origin,
marital status, physical or mental disability, political affiliation, or any other factor
which cannot be lawfully or appropriately used as a basis for service delivery.
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 161/2), national origin, marital
status, political affiliation, or physical or mental disability during employment. Such
actions shall include, but not be limited to, the following: employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay, other forms of compensation, terms and conditions of employment, training
(including apprenticeship), and accessibility.
CONTRACTOR shall not engage in o
r
G°\BOND GRANTMChallengeGRANnContrWs\Tamarac- Caporellapark.wpd Page 10 of 23
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 $229,424.00 for
construction of recreational facility 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 Ente rise
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.
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
GABOND GRANTMhallenge GRA"CornractskTamanac - Caporella Park.wpd Page 11 of 23
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
FOR CONTRACTOR:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac, Florida 33321
With a copy to the City Attorney at the same address.
GXBONO GPANT=hS1T-g@ GRAN7 o vacftkTamarae - caporella Pedcwpd Page 12 of 23
9.7 ASSIGNMENT AND PERFORMANCE
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.
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
G'\BDND GRANT&MAlenge GRANIAContracts\Tamarac - Caperella Park.wpd Page 13 of 23
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.
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.
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