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Home My WebLink AboutCity of Tamarac Resolution R-2019-100 Temp. Reso. #13312 - Page 1 7/3/19 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019-/) t) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A DONATION FROM THE TAMARAC PARKS AND RECREATION FOUNDATION IN THE AMOUNT OF $20,000 FOR SPONSORSHIP OF THE TEPHFORD PARK OUTDOOR FITNESS AREA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE TAMARAC PARKS AND RECREATION FOUNDATION FOR MONETARY SUPPORT OF THE TEPHFORD PARK OUTDOOR FITNESS AREA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac approved Resolution No. R-2019-151 on November 14, 2018 awarding the RFP and authorizing the appropriate City Officials to execute an Agreement for the Tephford Park Outdoor Fitness Project; and WHEREAS, Tephford Park is located at 10003 Southgate Boulevard in the City of Tamarac, Florida; and WEHREAS, Tephford Park is an ideal location for the Outdoor Fitness Project as it is used by 150 visitors per day for walking, running, and bicycling, due to the 1.5-mile multi-purpose path in the park; and Temp. Reso. #13312 - Page 2 7/3/19 WHEREAS, the City of Tamarac hosts a number of events and provides various programming and activities for its residents and visitors alike; and WHEREAS, the Outdoor Fitness Project features a Fitness Court outdoor fitness area, along with Campaign Resources through the National Fitness Campaign; and WHEREAS, the Tamarac Parks and Recreation Foundation wishes to donate a sum of$20,000 for sponsorship of the Tephford Park Outdoor Fitness area; and WHEREAS, Tamarac City Code Section 6.156-3, Acceptance of donations, requires Commission approval for donations exceeding a value of$1,000.00; and WHEREAS, the Parks and Recreation Director and Director of Finance recommend that the City of Tamarac accept a donation from the Tamarac Parks and Recreation Foundation of$20,000 for sponsorship of the Tephford Park Outdoor Fitness area; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept a donation from the Tamarac Parks and Recreation Foundation of $20,000 for sponsorship of the Tephford Park Outdoor Fitness area; and Temp. Reso. #13312 - Page 3 7/3/19 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. All exhibits attached hereto are hereby incorporated herein by this reference. SECTION 2: The City of Tamarac accepts a donation from the Tamarac Parks and Recreation Foundation of $20,000 for sponsorship of the Tephford Park Outdoor 111 Fitness area. SECTION 3: The appropriate City Officials are hereby authorized to execute a Sponsorship Agreement between the City of Tamarac and the Tamarac Parks and Recreation Foundation, attached as Exhibit 1, for monetary support of the Tephford Park Outdoor Fitness Area. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or Temp. Reso. #13312 - Page 4 7/3/19 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. r7 �PASSED, ADOPTED AND APPROVED this - day of 12�"�"1-- 2019. / JL/H7.E `J 6-c L MICELLE J. GOMEZ MAYOR ATTEST: I �/ /dkdol 'ATRICIA TEUF: L, CM CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ • DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN Div DIST 4: V/M PLACKO .� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM gf:1- ` fir- / .V7/11. SAMUEL S. GORE CITY ATTORNEY ibis.. TAMARAC City of Tamarac The City For Your Lite Purchasing and Contracts Division SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TAMARAC AND PARKS AND RECREATION FOUNDATION OF TAMARAC, INC.THIS AGREEMENT is made and entered into this /� day of (901-64-1 2019, by and between: CITY OF TAMARAC, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter referred to as "CITY") and PARKS AND RECREATION FOUNDATION OF TAMARAC, INC., a not-for-profit corporation in the State of Florida, with a business address of 6001 Nob Hill Road, Tamarac, FL 33321 (hereinafter referred to as "SPONSOR"). In consideration of the mutual promises contained in this document, CITY and SPONSOR agree as follows: 1. The term of this Agreement shall begin upon execution and shall end five (5) years from the date of execution with an option to renew for five (5) annual additional terms. 2. SPONSOR agrees to provide sponsorship as indicated below, and agrees to the following: a. Donation of TWENTY THOUSAND DOLLARS and 00/100 ($20,000) to be used for the purchase and installation of the TEPHFORD PARK FITNESS COURT (hereinafter referred to as "FITNESS COURT"). 3. In consideration of the services to be provided by SPONSOR, and stated in Section 2 herein, CITY agrees to the following: a. CITY shall permit SPONSOR's exclusive signage on the FITNESS COURT; b. CITY shall provide promotions in all FITNESS COURT materials throughout the activation campaign. (00327840.2 2704-0501640) 9 rinpm TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 4. In performing funding under this Agreement, it is understood by the parties that each party shall provide funding as an independent contractor to the other party and that nothing contained herein is intended to create, or is to be construed as creating, any other type of relationship between the parties. 5. Except as specifically authorized by CITY in writing, information and other data developed or acquired by or furnished to SPONSOR in the performance of this Agreement shall be used only in connection with the funding provided the City under this Agreement. Each party agrees to be fully responsible for its acts of negligence within the scope of this Agreement and agrees to be liable for any damages resulting from said negligence. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. Either CITY or SPONSOR may terminate performance under this Agreement at any time by notifying the other party in writing at least thirty (30) days in advance of the effective date of termination specified in such notice. During the performance of the Agreement, the SPONSOR shall not discriminate against any employee, applicant, participant or vendor because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. 6. Disclaimer: Any publication or announcement that contains the mention of an Entity should also include a disclaimer that CITY is in no way endorsing a business, its products or services. 7. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. Remainder of Page Intentionally Blank (00327840 2 2704-0501640) 2 r - �E' TAMARAC City of Tamarac The City For Your Lite Purchasing and Contracts Division CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Phone: (954) 771-4500 Fax: (954) 771-4923 SPONSOR The Parks and Recreation Foundation of Tamarac, Inc. 6001 Nob Hill Road, Tamarac, FL 33321 8. This Agreement constitutes the complete understanding of the parties and shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement shall be Broward County, Florida. Remainder of Page Intentionally Blank (00327840 2 2704-0501640) 3 =III TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties, the CITY OF TAMARAC, through its authorized representative, and CONTRACTOR, through its duly authorized representative, have made and executed this Agreement on the respective dates under each signature. ATTES • CITY ` oliiiiiiii,t,� ,\ O TAI F w,�9•,, J P icia Teufel, CMC, Cit O ' •,9,;'. ichael C. Cernech, City Vim. Manager `� ESTABLISHED:::2:= .../o1 g 1963 I.b (Cr ;-,�)'- SEAL ' Date , �,�•• • ...'<4v.; Date 9 ,........• :y, Approved as to leg form: ,�''�, �u�� `�‘� 'ern ' 4- 4. S muel S. Goren City Attorney i i tik7 Date ATTEST: CONTRACTOR The Parks And Recreation Foundation Of Tamarac, Inc. J/ Business/Companyf Name 1°�`'C at irt�.-7 S. natufe of Corporate Secretary uthorized Signature Sandy Ehrlich / /ti? iuf�, S Cr 1 Type/Print Name of Corporate rint Name and Title Secretary (if none, enter N/A) /0k//7 Date Date (CORPORATE SEAL) {00327840.2 2704-0501640) 4 =III al 16. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF BROWARD ) SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 022491441kliC of THE PARKS AND RECREATION FOUNDATION OF TAMARAC,INC.1 a Florida corporation, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this Z day of (0-ci- Y , 9 2019. I ,riiA"aa�. GERMANIA I ROMAN I NOTARY PUBLIC tf q��': Notary Public-State of Florida Comm.CmmissiExponir pes GGJul 2t5720 • 252022 State of at Large •.a r.�•� My , 3onded through National Notary Assn. F'1Z-/4fUtII =2t)f7A/ J (Name of Notary Public: Print, Stamp, or Type as Commissioned) X Personally known to me or Produced Identification Type of I.D. Produced DID take an oath, or y DID NOT take an oath. (00327840.2 2704-0501640) 5