HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-125 Temp. Reso. #13364
October 11,2019
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019 •
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
AN AGREEMENT BETWEEN BROWARD
COUNTY BOARD OF COUNTY COMMISSIONERS
AND THE CITY OF TAMARAC, FLORIDA, AND
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE AGREEMENT
FOR GRANT FUNDING IN THE AMOUNT UP TO
BUT NOT EXCEEDING, $29,325 FROM THE PARK
BOND PROGRAM; AMENDING THE ANNUAL
GRANTS FUND BUDGET OF ESTIMATED
REVENUES AND EXPENDITURES IN THE
AMOUNT OF $29,325; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
•
WHEREAS, the 2000 Broward County Safe Parks and Land Preservation
Bond Program provides for funds that may be allocated and distributed to
municipalities to benefit municipal parks and recreation systems with the
geographic boundaries of Broward County; and
WHEREAS, the City of Tamarac desires to provide its residents and visitors
a higher level of service by enhancing and improvising its outdoor recreation
facilities and environment; and
WHEREAS, the Broward County Board of County Commissioners of
Broward County, Florida, approved the allocation and distribution of$29,325 to the
•
Temp. Reso. #13364
October 11,2019
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City of Tamarac from the Park Bond Program to help finance improvements for S
The Swim Central Annex Parcel in the City of Tamarac; and
WHEREAS, the Director of Parks and Recreation and Director of Financial
Services recommend execution of an agreement with Broward County relating to
the grant funds to finance park improvements at The Swim Central Annex; 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
execute the Agreement between Broward County Board of County Commissioners
and the City of Tamarac for grant funds to finance park improvements at The Swim
Central Annex in the amount of$29,325.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF •
THE CITY OF TAMARAC, FLORIDA THAT:
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 City Commission hereby approves the Agreement
between the City of Tamarac and the Broward County Board of County
Commissioners for grant funds to finance park improvements at the Swim Central
Annex.
•
Temp. Reso. #13364
October 11 ,2019
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• SECTION 3: The City Commission hereby authorizes the appropriate City
Officials to execute the Agreement between Broward Board of County
Commissioners and the City of Tamarac, attached hereto as Exhibit 1 .
SECTION 4: The City Commission authorizes the appropriate City Officials
to amend the Grants Fund Budget in the amount of $29,325 and appropriate said
funds including any and all subsequent budgetary transfers to be in accordance
with proper accounting standards.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part of application of this
• Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or in application, it shall not affect the validity of the remaining portion
or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
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Temp. Reso. #13364
October 11,2019
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•
PASSED, ADOPTED AND APPROVED this /3 day of h,-,./te,
2019.
IVIICHELLE J. OMrz
MAYOR
ATTEST:
LILLIAN PABON, CMC
ACTING CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN •
DIST 4: V/M PLACKO _G .��
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
0
SA EL S. GORE
CITY ATTORNEY U✓
Temp. Reso.#13364
BR:£,_ _ .f RD Exhibit 1
COUNTY
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
FOR GRANT FUNDS TO FINANCE PARK IMPROVEMENTS AT
SWIM CENTRAL ANNEX
This Agreement ("Agreement") between Broward County, a political subdivision
of the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale,
Florida 33301 ("County"), and City of Tamarac, a Florida municipal corporation, whose
address is 7525 Northwest 88th Avenue, Tamarac, Florida 33321 ("City"), is entered into
and effective as of the date this Agreement is fully executed by the Parties
("Effective Date"). County and City are hereinafter referred to collectively as the
"Parties," and individually referred to as a "Party."
RECITALS
The 2000 Broward County Safe Parks and Land Preservation Bond Program
provides for funds that may be allocated and distributed to municipalities to benefit
municipal parks and recreation systems within the geographic boundaries of Broward
County ("Park Bond Program").
The Board of County Commissioners 9f Broward County, Florida ("Board"), at a
regular commission meeting held on WeVern "'-€.1-' �-3 , 20/�7(Agenda Item No. 01 ),
approved the allocation and distribution of Twenty-Nine Thousand Three Hundred
Twenty-Five Dollars ($29,325) to City from the Park Bond Program to help finance park
improvements at the Swim Central Annex in the City of Tamarac, Florida.
The Parties desire to enter this Agreement for the purpose of allocating and
disbursing the Grant Funds in accordance with the terms hereunder.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
1 . Recitals. The recitals set forth above are true, accurate, and fully
incorporated by reference herein.
2. Description of Property. City is the owner of the Swim Central Annex in
the City of Tamarac, Florida, as more particularly described in Exhibit A, attached to and
made a part of this Agreement ("Property").
3. Term. The term of this Agreement shall be effective for one (1) year
commencing on the Effective Date ("Initial Term"). The Parties shall have the option to
renew the Agreement upon the same terms and conditions, for one (1) additional six (6)
month term ("Renewal Term"). The Renewal Term option shall be exercised by City
sending written notice to County, at least thirty (30) calendar days before the expiration
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BPt:OVARD
COUNT
1011
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
FOR GRANT FUNDS TO FINANCE PARK IMPROVEMENTS AT
SWIM CENTRAL ANNEX
This Agreement ("Agreement") between Broward County, a political subdivision
of the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale,
Florida 33301 ("County"), and City of Tamarac, a Florida municipal corporation, whose
address is 7525 Northwest 88th Avenue, Tamarac, Florida 33321 ("City"), is entered into
and effective as of the date this Agreement is fully executed by the Parties
("Effective Date"). County and City are hereinafter referred to collectively as the
"Parties," and individually referred to as a "Party."
RECITALS
The 2000 Broward County Safe Parks and Land Preservation Bond Program
provides for funds that may be allocated and distributed to municipalities to benefit
municipal parks and recreation systems within the geographic boundaries of Broward
County ("Park Bond Program").
The Board of County Commissioners�. of Broward County, Florida ("Board"), at a
regular commission meeting held on Cc-»�� �- , 2014` (Agenda Item No.5 c/ ),
approved the allocation and distribution of Twenty-Nine Thousand Three Hundred
Twenty-Five Dollars ($29,325) to City from the Park Bond Program to help finance park
improvements at the Swim Central Annex in the City of Tamarac, Florida.
The Parties desire to enter this Agreement for the purpose of allocating and
disbursing the Grant Funds in accordance with the terms hereunder.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
1. Recitals. The recitals set forth above are true, accurate, and fully
incorporated by reference herein.
2. Description of Property. City is the owner of the Swim Central Annex in
the City of Tamarac, Florida, as more particularly described in Exhibit A, attached to and
made a part of this Agreement ("Property").
3. Term. The term of this Agreement shall be effective for one (1) year
commencing on the Effective Date ("Initial Term"). The Parties shall have the option to
renew the Agreement upon the same terms and conditions, for one (1) additional six (6)
month term ("Renewal Term"). The Renewal Term option shall be exercised by City
sending written notice to County, at least thirty (30) calendar days before the expiration
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Exhibit 1
of the Initial Term, and County, through its Contract Administrator (as defined herein),
acknowledging the Renewal Term. The Initial Term, and the Renewal Term if exercised,
are collectively referred to herein as the "Term."
4. Grant Funds.
4.1 County shall pay City, in accordance with Section 4.6, an amount up
to, but not exceeding, Twenty-Nine Thousand Three Hundred
Twenty-Five Dollars ($29,325) from the Park Bond Program
(the "Grant Funds").
4.2 City shall comply with the requirements of the Park Bond Program
identified in Exhibit B ("Bond Requirements"). City shall use the
Grant Funds to fund park improvements at the Property ("Funded
Items"), as specified in Exhibits B and B-1. The Contract
Administrator may approve changes to the Funded Items listed for
the Property in Exhibit B-1, as long as the total amount of Grant
Funds is not exceeded.
4.3 City shall not use Grant Funds for (i) architectural or engineering
costs exceeding twelve percent (12%) of the Grant Funds; (ii) City's
administrative costs in overseeing or managing the Property; and (iii)
recreation programming or operational costs.
4.4 City shall dedicate the Funded Items, when completed, for public
recreational uses for a minimum of twenty-five (25) years
("Dedication Period"). City shall record such dedication, in the form
attached hereto as Exhibit C, in the Public Records of Broward
County, Florida, pursuant to Section 28.222, Florida Statutes.
4.5 If City ceases to use the Funded Items for public recreational uses
during the Dedication Period, County shall give a written demand to
City for repayment of all Grant Funds. City shall repay all Grant Funds
to County as specified in Section 9.
4.6 Billing and Payments.
4.6.1 City shall submit to County a monthly invoice, certified by an
authorized City official, to be reimbursed for the actual costs of the
Funded Items ("Invoice(s)"). An Invoice may only be submitted after
the work reflected on such Invoice has been completed. Invoices
must be submitted with an original Invoice plus a copy within fifteen
(15) calendar days of the end of the month, except the final Invoice
must be submitted within sixty (60) calendar days after the expiration
or earlier termination of this Agreement.
4.6.2 Invoices shall designate the nature of the work performed
and, as applicable, the personnel, hours, tasks, or any other details
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• Exhibit 1
requested by the Contract Administrator. Additionally, the
documentation required in Exhibit B must accompany every
Invoice.
4.6.3 County shall pay City via wire transfer within thirty (30)
calendar days after receiving an Invoice. Payment may be withheld
if City fails to comply with a term, condition, or requirement of this
Agreement. County shall reject an improper Invoice and provide
written notice to City regarding the necessary corrective action within
thirty (30) calendar days after receiving the Invoice.
4.6.4 County may withhold or recoup Grant Funds for (i) fraud or
misrepresentation in connection with this Agreement; (ii) incomplete
or defective construction of all or a portion of the Funded Items,
which has not been remedied or resolved to the Contract
Administrator's satisfaction; or (iii) noncompliance with the Bond
Requirements. County shall provide written notice to City explaining
the claim for withholding or recouping the Grant Funds and detailing
the necessary corrective action. City shall have thirty (30) calendar
days to cure such claim, to the extent such claim is curable. Any
Grant Funds withheld under this Section 4.6.4 shall not be subject to
payment of interest by County.
5. Indemnification. To the extent permitted by law, and without either Party
waiving its sovereign immunity or any limits established by Section 768.28, Florida Statutes,
City shall indemnify, hold harmless, and defend County and all of County's officers,
agents, servants, and employees (collectively, "Indemnified Party") from and against any
and all causes of action, demands, claims, losses, liabilities, and expenditures of any
kind, including attorneys' fees, court costs, and expenses, including through the
conclusion of any appellate proceedings, raised or asserted by any person or entity not a
party to this Agreement, and caused or alleged to be caused, in whole or in part, by any
intentional, reckless, or negligent act or omission of City, its officers, employees, agents,
or servants, arising from, relating to, or in connection with this Agreement (collectively, a
"Claim"). In the event any Claim is brought against an Indemnified Party, City shall, upon
written notice from County, defend each Indemnified Party against each such Claim by
counsel satisfactory to County or, at County's option, pay for an attorney selected by the
County Attorney to defend the Indemnified Party.
6. Insurance. City is a state agency as defined by Section 768.28, Florida
Statutes, and City shall furnish the Contract Administrator with written verification of
liability protection in accordance with Florida law prior to final execution of this
Agreement.
7. Termination. County may terminate this Agreement if City has not
corrected a breach within thirty (30) calendar days after receiving written notice from
County identifying said breach. For the purposes of this Agreement, "breach" as used in
the foregoing sentence shall include, but is not limited to, the negligent or intentional
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Exhibit 1
submission of false or incorrect Invoices, failure to suitably perform or complete the
Funded Items, abandonment or discontinuance of the Funded Items, misuse of Grant
Funds, fraud or misrepresentation in connection with this Agreement, or noncompliance
with the Bond Requirements identified in Exhibit B. Notice of termination shall be
provided in accordance with the "Notices" Section of this Agreement.
8. Financial Statements.
8.1 City shall annually provide to County the "Single Audit Report"
prepared by an independent certified public accountant showing that
there are sufficient and acceptable internal controls over the
administration of City's grants. The Single Audit Report will
encompass the controls over grants in general without reference to
any specific grant award. The Single Audit Report shall be provided
to County within forty-five (45) calendar days after it is received by
City.
8.2 Schedule.
8.2.1 City shall provide, within one hundred twenty (120) calendar
days after the expiration or earlier termination of this Agreement, the
Contract Administrator with a schedule of revenues and
expenditures accounting for the Funded Items during all of City's
fiscal years for which Grant Funds were provided ("Schedule"). The
Schedule shall include (i) all revenues relating to the Funded Items
classified by the source of the revenues, and (ii) all expenditures
relating to the Funded Items classified by the type of expenditures.
8.2.2 The Schedule shall be prepared by City's Finance Director, in
a form acceptable to the County Auditor. A transmittal letter, signed
by City's Finance Director, must accompany the Schedule and shall
include: (i) the statement, "No Grant Funds, including interest earned
on such funds, are due back to the County" or, a listing of Grant Funds,
including interest earned on such funds, which are due back to
County; and (ii) an opinion or finding as to whether the Grant Funds
received by City have been expended in accordance with this
Agreement.
8.2.3 County may request, in writing, corrections to the Schedule.
City shall make such corrections and submit the corrected Schedule
to County within sixty (60) calendar days after the receipt of County's
request.
8.2.4 In the event City fails to provide the Schedule within the
timeframe specified in Section 8.2.1, County may request, in writing,
repayment of all or any portion of the Grant Funds.
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Exhibit 1
8.3 Failure of City to meet the financial reporting requirements of
Section 8 shall result in the suspension of any payment due under
this Agreement or any other grant agreement in effect, and
disqualify City from obtaining future grant awards until the Single
Audit Report or Schedule is received and accepted by County.
8.4 City shall repay any and all Grant Funds not used in strict compliance
with this Agreement.
9. Repayment or Recoupment. If County demands repayment or
recoupment of Grant Funds pursuant to Sections 4.5, 4.6.4, 8.2.4, or 8.4, City shall remit
said funds to County within sixty (60) calendar days after receiving written notice from
County regarding repayment or recoupment. If the Grant Funds are not repaid within the
sixty-day period, County may (i) deduct the amount of the unrepaid Grant Funds from any
payments owed by the County to City under any contract, agreement, or County program;
and (2) deny any pending or future requests from City for funding under any County
program.
10. Audit Rights and Retention of Records.
10.1 County shall have the right to audit the books, records, and accounts
of City, its agents, contractors, subcontractors, and suppliers
("Agents") that are related to this Agreement. City and its Agents
shall keep such books, records, and accounts as may be necessary
to record complete and correct entries related to the Agreement and
performance thereunder. All books, records, and accounts of City
and its Agents shall be kept in written form, or in a form capable of
conversion into written form within a reasonable time, and upon
request to do so, City or its Agents, as applicable, shall make same
available in written form at no cost to County.
10.2 City and its Agents shall preserve and make available, at reasonable
times within Broward County, for examination and audit by County,
all financial records, supporting documents, statistical records, and
any other documents pertinent to this Agreement for a minimum
period of three (3) years after expiration or earlier termination of this
Agreement or until resolution of any audit findings, whichever is
longer ("Audit Period"). County audits and inspections pursuant to
this Section may be performed by any County representative
(including any outside representative engaged by County). County
reserves the right to conduct such audit or review at City's place of
business, if deemed appropriate by County, with seventy-two (72)
hours advance notice.
10.3 Any incomplete or incorrect entry in such books, records, and
accounts shall be a basis for County's disallowance and recovery of
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Exhibit 1
any payment upon such entry. If an audit or inspection in accordance
with Section 10 discloses overpricing or overcharges to County of
any nature by City in excess of five percent (5%) of the total contract
billings reviewed by County, the reasonable actual cost of the
County's audit shall be reimbursed to the County by City in addition
to making adjustments for the overcharges. Any adjustments or
payments due as a result of such audit or inspection shall be made
within thirty (30) calendar days from presentation of County's
findings to City.
10.4 City shall ensure that the requirements of Section 10 are included in
all agreements with its Agents that are related to this Agreement.
11. Truth-in-Negotiation Representation. The payment of Grant Funds to
City under this Agreement is based upon representations supplied to County by City, and
City certifies that the information supplied, including without limitation in the negotiation
of this Agreement, is accurate, complete, and current at the time of contracting. County
shall be entitled to recover any damages it incurs to the extent such representation is
untrue.
12. Third Party Beneficiaries. The Parties do not intend to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge
that there are no third party beneficiaries to this Agreement and that no third party shall
be entitled to assert a right or claim against either of them based upon this Agreement.
13. Notices. For a notice to a Party to be effective under this Agreement, notice
must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below and shall be effective upon mailing. The addresses for notice
shall remain as set forth herein unless and until changed by providing notice of such
change in accordance with the provisions of this Section.
NOTICE TO COUNTY:
County Administrator
Broward County Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email Address: bhenry@broward.org
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Exhibit 1
With a copy to:
Paul Krashefski
Environmental Planning and Community Resilience Division
Broward County Governmental Center, Room 329-H
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Email Address: pkrashefski@broward.org
NOTICE TO CITY:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
14. Assignment and Performance. Neither this Agreement nor any right or
interest herein may be assigned, transferred, or encumbered without the prior written
consent of the other Party. For either Party, such written consent may only be given by
action of its Board (for County) or its City Commission (for City).
15. Independent Contractor. City is an independent contractor under this
Agreement. In taking any action or performing any obligation under this Agreement,
neither City nor its Agents shall act as officers, employees, or agents of County. No
partnership, joint venture, or other joint relationship is created hereby. City shall not have
the right to bind County to any obligation not expressly undertaken by County under this
Agreement.
16. EEO Compliance. City shall not unlawfully discriminate on the basis of
race, color, sex, religion, national origin, disability, age, marital status, political affiliation,
sexual orientation, pregnancy, or gender identity and expression in the performance
of this Agreement, the solicitation for or purchase of goods or services relating to
this Agreement, or in subcontracting work relating to this Agreement, and shall not
otherwise unlawfully discriminate in violation of Chapter 16'/z, Broward County Code
of Ordinances. City shall comply with the Americans with Disabilities Act in the course
of providing any services funded by County. City shall include the foregoing or similar
language in all agreements with its Agents performing work or services related to this
Agreement. Failure to comply with this Section shall constitute a material breach of this
Agreement, which shall permit County to terminate this Agreement or to exercise any
other remedy provided under this Agreement, Broward County Code of Ordinances,
Broward County Administrative Code, or other applicable law, all such remedies being
cumulative.
17. Materiality and Waiver of Breach. Each requirement, duty, and obligation
set forth herein was bargained for at arms-length and is agreed to by the Parties. Each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement, and each is, therefore, a material term hereof. Either Party's
failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach of a provision of this
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Exhibit 1
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.
18. Compliance with Laws. City shall comply with all applicable permits,
regulations, ordinances, rules and laws of the State of Florida, the United States, any
political subdivision, or agency of either in performing its duties, responsibilities, and
obligations related to this Agreement.
19. Severability. In the event that any part of this Agreement is found to be
invalid by a court of competent jurisdiction, that part shall be severed from this Agreement
and the balance of this Agreement shall remain in full force and effect unless both Parties
to elect to terminate the Agreement. The election to terminate this Agreement pursuant
to this Section shall be made within ten (10) business days after the court's finding
becomes final.
20. Joint Preparation. This Agreement has been jointly prepared by the
Parties hereto, and shall not be construed more strictly against either Party.
21. Interpretation. The headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement shall include the other gender,
and the singular shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this
Agreement as a whole and not to any particular sentence, paragraph, or section where
they appear, unless the context otherwise requires. Whenever reference is made to a
Section of this Agreement, such reference is to the Section as a whole, including all of
the subsections of such Section, unless the reference is made to a particular subsection
or subparagraph of such Section.
22. Priority of Provisions. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any document or exhibit attached hereto or
referenced or incorporated herein and any provisions of any Sections of this Agreement,
the provisions contained in the Sections shall prevail and be given effect.
23. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the state of
Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related
to, or in connection with this Agreement shall be in the state courts of the Seventeenth
Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to,
or in connection with this Agreement must be litigated in federal court, the Parties agree
that the exclusive venue for any such lawsuit shall be in the United States District Court
or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING
INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO THIS AGREEMENT.
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• Exhibit 1
24. Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
executed by the Parties hereto, with the same formality and of equal dignity herewith.
25. Prior Agreements. This Agreement represents the final and complete
understanding of the Parties and incorporates or supersedes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the
matters contained herein. The Parties agree that there is no commitment, agreement, or
understanding concerning the subject matter of this Agreement that is not contained in
this written document. Accordingly, the Parties agree that no deviation from the terms
hereof shall be predicated upon any prior representation or agreement, whether oral or
written.
26. Payable Interest.
26.1 County shall not be liable to pay any interest, whether as
prejudgment interest or for any other purpose, to City. City waives,
rejects, disclaims and surrenders any and all entitlement it has or
may have to receive interest in connection with a dispute or claim
arising from, related to, or in connection with this Agreement. This
paragraph shall not apply to any claim for interest, including for post-
judgment interest, if such application would be contrary to applicable
law.
26.2 If the preceding subsection is determined to be invalid or
unenforceable by a court of competent jurisdiction, the annual rate
of interest payable by County under this Agreement, whether as
prejudgment interest or for any other purpose, shall be, to the full
extent permissible under applicable law, one quarter of one percent
(0.25%) simple interest, uncompounded.
27. Incorporation by Reference. Attached Exhibits A, B, B-1, C, D, and E
are incorporated into and made a part of this Agreement.
28. Contract Administrator. The "Contract Administrator," as referenced in
this Agreement, shall be the County Administrator or his or her designee, as designated
in writing. The County Administrator is defined as the administrative head of County
pursuant to Sections 3.02 and 3.03 of the Broward County Charter.
39. Representation of Authority. Each individual executing this Agreement
on behalf of a Party hereto hereby represents and warrants that he or she is, on the date
he or she signs this Agreement, duly authorized by all necessary and appropriate action
to execute this Agreement on behalf of such Party and does so with full legal authority.
30. Counterparts. This Agreement may be executed in counterparts. Each
executed counterpart will constitute an original document, and all of them, together, will
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Exhibit 1
constitute one and the same agreement. It shall not be necessary for every Party to sign
each counterpart but only that each Party shall sign at least one such counterpart.
31. Survival. The following Sections and obligations shall survive the
expiration or earlier termination of this Agreement: (i) Sections 4.5, 4.6.4, 8.2.4, 8.4, and
9 in connection with repayment or recoupment of Grant Funds; (ii) Section 5 pertaining to
indemnification; (iii) Section 8.2 with regards to City providing a Schedule to County; and
(iv) Section 10 in relation to County conducting audits during the Audit Period.
[The Remainder of this Page is Intentionally Left Blank]
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Exhibit 1
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Agreement: BROWARD COUNTY, through its Board of County Commissioners, signing
by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on
the 3 day of ? lt,m c. 20 ►C (Agenda Item No. 5 y ), and CITY OF
TAMARAC, signing by and through its Mayor, duly authorized to execute same.
WITNESSES: BROWARD COUNTY, by and through its
Board of County Commissioners
r
By:
Signat Dale V.C. Holness v„.;T
Bzl�_ 7 day of ))'6GG 46- , 20 l f
Print Name
--- ) Uh � Approved as to form by
fgnature Andrew J. Meyers
MARY- NNE DA# T3Y Broward County Attorney
Governmental Center, Suite 423
Print Name 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
`\```G�Ousi���s,�� "� Telecopier: (954) 357-7641
M r,
�' �� s'Q ll Ig11�I
= 2'= By:
CREATE'.
m Claudia Capde uner (Date)
0 OCT 1st a• 7a- Assistant County Attorney
-° .%. 1915 4:• �=
y
By: 1"ta -Aa <<(\a ll
.., ,..��,�� Annika E. Ashton (Date)
Deputy County Attorney
CC/mdw
09/25/2019
Park Grant Agreement City of Tamarac Swim Central Annex
#468062v1
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Temp.Reso.#13364
• Exhibit 1
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR
GRANT FUNDS TO FINANCE PARK IMPROVEMENTS AT SWIM CENTRAL ANNEX.
CITY
ATTEST:
BY:
53...1)--,--cil)c,-- Mic elle J. Gomez, ay
_ mil- Li I 1 i a.N �t ab�k),CmC_
City Clerk
(SEAL)
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.\\ F TAM, /,
Appr ved as to Form: \�A O .. ....•n�•-1 ./.,
tkiki‘ git/IW ittlgifq •::
uel S. Goren, Esq. _: :ESTABL ' ®_
City Attorney = ig63 :cc_
• 0•• SEAL ��:
/'//1,d►COU�•�y\\
Page 12 of 12
Temp.Reso.#13364
Exhibit 1
EXHIBIT A
DESCRIPTION OF PROPERTY
FOLIO NUMBER: 4941-08-03-0220
SITE ADDRESS: 5800 Northwest 94th Avenue, Tamarac, Florida 33321
LEGAL DESCRIPTION:
Lot 1 , Block 5, LYONS INDUSTRIAL PARK, according to the Plat thereof, as recorded in
Plat Book 71, Page 1 B, of the Public Records of Broward County, Florida.
Temp.Reso#13364
Exhibit 1
EXHIBIT B
FUNDED ITEMS AND BOND REQUIREMENTS
1. Description. The Funded Items shall consist of various park improvements for the
Swim Central Annex, as more particularly described in Exhibit B-1.
a. City agrees to construct the Funded Items in accordance with the plans and
specifications prepared by, or under the supervision and review of, a
registered professional architect, engineer, or other appropriate professional.
b. City is responsible for obtaining all state, federal, and local permits, licenses,
agreements, leases, easements, and other approvals required for the Funded
Items, and for following applicable state, federal, and local statutory
requirements regarding the procurement of professional services for the
Funded Items.
c. City shall erect a permanent sign acceptable to the Contract Administrator
identifying the Park Bond Program and County as a funding source of the
Funded Items.
2. Required Documentation for Funded Items.
a. The Contract Administrator is responsible for ensuring performance of the
terms and conditions and shall approve all payment requests prior to payment.
Contract Administrator shall have the right, at all reasonable times and upon
notice to City, to enter the Property to examine and inspect the Funded Items.
On a quarterly basis, and until the completion of the Funded Items, City shall
submit a status report, in the form attached hereto as Exhibit E, to the
Contract Administrator in order to summarize the work accomplished,
problems encountered, percentage of completion, and other appropriate
information regarding the Funded Items. Photographs shall be submitted
when appropriate to reflect work accomplished. City shall furnish to the
Contract Administrator a copy of its contract(s) for the Funded Items within
fifteen (15) calendar days of full execution of same.
b. Upon completion of the Funded Items, the engineer, architect, or other
appropriate professional shall sign a statement certifying satisfactory
completion of the Funded Items in accordance with the prepared plans and
specifications.
3. Bond Requirements. City's acceptance of Grant Funds is conditioned on compliance
with the following requirements:
Exhibit B
Page 1 of 2
Temp.Reso.#13364
• Exhibit 1
a. All Grant Funds are to be paid on a reimbursement basis pursuant to the
requirements of Section 4 of this Agreement.
b. The Funded Items shall be open to the public, and all City residents and non-
City residents shall have access to, and use of, the Funded Items on equal
terms and conditions. Any rates, charges, or fees for use of the Funded Items
must be uniform for City residents and non-City residents. Differential rate
structures for access to, or use of, the Funded Items on the basis of residency
or non-residency in City is prohibited.
c. The Property shall be owned by City or have a lease with a minimum term of
twenty-five (25) years from completion of the Funded Items. Proof of such
ownership or leasehold status is attached as Exhibit D.
d. The Funded Items must be used, operated, and maintained for public park
recreational uses for a minimum of twenty-five (25) years.
e. City must provide a resolution from its governing board supporting the Funded
Items and authorizing execution of this Agreement.
f. The Funded Items shall be consistent with recognized park and recreational
standards for similar facilities.
Exhibit B
Page 2 of 2
Temp.Reso.#13364
Exhibit 1
EXHIBIT B-1
The improvements include the following:
1. Playground with shade structure and safety surface
2. One (1) 36 ft. picnic shelter
3. Three (3) shaded benches
4. Multi-purpose pathway
5. A walk bridge leading from the existing Swim Central Annex parking lot over the
canal into the park parcel
6. Removal of evasive and non-native vegetation
7. Installation of native landscape and trees
Temp.Reso.#13364
Exhibit 1
EXHIBIT C
CERTIFICATE OF OWNERSHIP AND DEDICATION
STATE OF FLORIDA
COUNTY OF BROWARD
Pursuant to that certain Agreement between Broward County and City of Tamarac
for Grant Funds to Finance Park Improvements at the Swim Central
Annex ("Agreement"), dated )/01/-e-glikt/1-' , 20/ , the City of Tamarac, a
Florida municipal corporation, certifies ownership of the property described in Exhibits A
and D of the attached Agreement and hereby dedicates, for use by the general public for
a minimum of twenty-five (25) years from the date of execution hereof, the Funded Items
described in Exhibits B and B-1 of the attached Agreement.
IN WITNESS WHEREOF, the City of Tamarac has executed this Certificate of
Ownership and Dedication on this J day of�TI- -vn LQ►' , 201.
ATTEST:
BY: C>n1j
. J.-K
Mich Ile J. Gomez, a
PettTettfel• L', I l ;u� Pckbox) C.fl
City Clerk
(SEAL)
•
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Apprgwed as to Form O '
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eitki -
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el S. Goren, Esq. SS \9�� p
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City Attorney S �- •'��'�
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Tep.Reso.#13364
Exhibit 1
EXHIBIT D
PROOF OF PROPERTY OWNERSHIP/LEASEHOLD
See the following pages
Page 1 of 1
CFN # 104087025, OR BK 37666 Page 1133, Page 1 of 2, Recorded 06/17/2004 at
08:28 AM, Broward County Commission, Doc. D $0.70 Deputy Clerk 3225
4
This instrument was prepared by:
Patrick G.Kelley,Esquire
KELLEY,HERMAN&SMITH
1401 East Broward Boulevard-Suite 206
Ft.Lauderdale,Fl.33301
Property Appraiser's Parcel Identification No.:31-9108-03-0220
Space above this line for recording data
g WARRANTY DEED
(STATUTORY FORM - SECTION 689.02, F.S.)
THIS INDENTURE,made this d111 d of June,2004,by and between
ROBERT L.CUMMINGS, a married man,
al whose post office address is 3015 N.Ocean Boulevard,#109-A,Fort Lauderdale,Florida 33308,grantor*,
iI2 i
and
CITY OF TAMARAC,a Municipal corporation of the State of Florida,
whose post office address is 7525 NW 88a'Avenue,Tamarac, Florida 33321,grantee*,
11 Witnesseth that said grantor,for and in consideration of the sum of TEN AND NO/100($10.00)---------------Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged,has granted,bargained and sold to the said grantee,and grantee's heirs and assigns forever,the following
described land,situate,lying and being in Broward County,Florida,to-wit:
As to an undivided twenty (20%) percent interest in and to Lot 1, Block 5, LYONS
INDUSTRIAL PARK,according to the Plat thereof,as recorded in Plat Book 71,Page
1B,of the Public Records of Broward County,Florida.
SUBJECT TO zoning restrictions, prohibitions and other requirements imposed by governmental
authority, restrictions, easements and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record and taxes for the year 2004 and subsequent years.
Page 1 of 2- Warranty Deed
CFN # 104087025, OR BK 37666 PG 1134, Page 2 of 2
THE SUBJECT PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR NOR IS IT
CONTIGUOUS TO GRANTOR'S HOMESTEAD. GRANTOR'S HOMESTEAD ADDRESS IS:
805 Cypress Blvd., Bldg. 96, 4#307, Pompano Beach, Florida 33069
and said grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all
persons whosoever.
"Grantor"and"grantee"are used for singular or plural,as context requires.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered
in our presence:
(suture of 1st witness) ROBE 6MINGS
(prinAame of st witness
/41201-rtA)
(signature of 2nd witness)
ROSE ANN TARASUK
(printed name of 2nd witness)
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was sworn to and subscribed before me this 2- day of June,
2004, by ROBERT L. CUMMINGS, a married man, who is personally known to me or who
produced the following as identification .
NOTARY PUBLIC
PATRICK G. KELLEY
Printed Name of Notary Public
My Commission Expires: NOTARY SEAL
PATRICK G.KELLEY
M COMMISSION#CC 73912
•:� :a EXPIRES:October22,2004
BonGed mcU Notary Public Unde Wflt
C:\Documents and Settings\admin\My Documents\Clients\Cummings-Tamarac\Warranty Deed 2.wpd
Page 2 of 2- Warranty Deed
CFN # 104087026, OR BK 37666 Page 1135, Page 1 of 2, Recorded 06/17/2004 at
08':28 AM, Broward County Commission, Doc. D $0.70 Deputy Clerk 3225
This instrument was prepared by:
Patrick G.Kelley,Esquire
KELLEY,HERMAN&SMITH
1401 East Broward Boulevard-Suite 206
Ft.Lauderdale,Fl.33301
Property Appraiser's Parcel Identification No.:31-9108-03-0220
Space above this line for recording data
WARRANTY DEED
(STATUTORY FORM- SECTION 689.02,F.S.)
THIS INDENTURE,made this day of June, 2004, by and between
ANN MARIE CUMMINGS, a single woman,
whose post office address is 158 E. 7th Street,Apt. #-6, New York, NY 10009,grantor*,and
CITY OF TAMARAC,a Municipal corporation of the State of Florida,
whose post office address is 7525 NW 88th Avenue, Tamarac, Florida 33321,grantee*,
Witnesseth that said grantor,for and in consideration of the sum of TEN AND NO/100($10.00)
Dollars,and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is
hereby acknowledged,has granted,bargained and sold to the said grantee,and grantee's heirs and assigns forever,the
following described land,situate,lying and being in Broward County,Florida,to-wit:
As to an undivided twenty(20%)percent interest in and to Lot 1, Block 5, LYONS
INDUSTRIAL PARK, according to the Plat thereof, as recorded in Plat Book 71,
Page 1B, of the Public Records of Broward County, Florida.
SUBJECT TO zoning restrictions, prohibitions and other requirements imposed by governmental
authority, restrictions, easements and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record and taxes for the year 2004 and subsequent years.
Page 1 of 2- Warranty Deed
U
CFN # 104087026, OR BK 37666 PG 1136, Page 2 of 2
THE SUBJECT PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR NOR IS IT
CONTIGUOUS TO GRANTOR'S HOMESTEAD. GRANTOR'S HOMESTEAD ADDRESS IS:
158 E.76 Street,Apt.E-6,New York,NY 10009
and said grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all
persons whosoever.
"Grantor"and"grantee"are used for singular or plural,as context requires.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered
in our presence: �—
(s re of I st witness) . MARIE MINGS
)
r C tm
Ct name o t witness)
llC.t.G
7fA
gnature of 2nd witness)
1 G .o R"r r3 C v ht,r-t t ikhEs
(printed name of 2nd witness)
STATE OF 1b4,1 )
COUNTY OF �k,b ,iil )
The foregoing instrument was sworn to and subscribed before me this day of June,
2004,by ANN MARIE CUMMINGS, a single woman, who is personally known to me or who
produced the following as identification
MLkLVAb likA
WATOoPt6UISL4I 4
Printed Name of Notary Public
My Commission Expires:
69122/04, _�� �eno-Smith
-. Commission#DD253801
';� M1 o! Exp ir���p 28 2007
Atlantic Bonding Co.,Inc.
C:\Documents and Settings\admin\My Documents\Clients\Cummings-Tamarac\Warranty Deed 3 wpd
Page 2 of 2 - Warranty Deed
CFN # 104087027, OR BK 37666 Page 1137, Page 1 of 2, Recorded 06/17/2004 at
08':2.8 AM, Broward County Commission, Doc. D $5250.00 Deputy Clerk 3225
This instrument was prepared by:
Patrick G.Kelley,Esquire
KELLEY,HERMAN&SMITH
1401 East Broward Boulevard-Suite 206
Ft.Lauderdale,Fl.33301
Property Appraiser's Parcel Identification No.:31-9108-03-0220
i
Space above this line for recording data
WARRANTY DEED
(STATUTORY FORM - SECTION 689.02,F.S.)
THIS INDENTURE,made this fill day of June,2004,by and between
i
z ,` JOHN W. CUMMINGS, JR., a/k/a JACK CUMMINGS, and GLORIA L. CUMMINGS,
husband and wife,
whose post office address is 3015 N. Ocean Boulevard,#109-A,Fort Lauderdale,Florida 33308,grantor*,
and
(:a' CITY OF TAMARAC, a Municipal corporation of the State of Florida,
f< .
1.1
whose post office address is 7525 NW 88th Avenue,Tamarac,Florida 33321,grantee*,
Witnesseth that said grantor,for and in consideration of the sum of TEN AND NO/100($10.00) Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby
acknowledged,has granted,bargained and sold to the said grantee,and grantee's heirs and assigns forever,the following
described land,situate,lying and being in Broward County,Florida,to-wit:
As to an undivided sixty (60%) percent interest in and to Lot 1, Block 5, LYONS
INDUSTRIAL PARK,according to the Plat thereof,as recorded in Plat Book 71,Page
I B, of the Public Records of Broward County,Florida.
SUBJECT TO zoning restrictions, prohibitions and other requirements imposed by governmental
authority, restrictions, easements and matters appearing on the plat or otherwise common to the
subdivision;public utility easements of record and taxes for the year 2004 and subsequent years.
Page 1 of 2 - Warranty Deed f
f 3)
CFN # 104087027, OR BK 37666 PG 1138, Page 2 of 2
and said grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all
persons whosoever.
"Grantor"and"grantee"are used for singular or plural,as context requires.
In Witness 'Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered
in our presence:
�itNt�t/�G'37�11
(signature of 1st witness) ;?-7JOHN W. CUMMINGS,JR., a k/a
d—l-
f� `c> /< JACK CUMMINGS
(printe 1st ) / ' C9
Ze.:OL,e.
(signature of 2nd 'Mess) GLORI�Z.
W, C'g_,
, 4/ EA{c/.. (.
(printed name of 2nd witness)
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing instrument was sworn to and subscribed before me this S/11.day of June,
2004,by JOHN W. CUMMINGS, JR., a/k/a JACK CUMMINGS and GLORIA L. CU GS,
husband and wife, who are personally known to me or who prod ed7ie f wi s ide fication
/ /'
<OTARY PUBLI
2,4(C 4}-
Printed Name of Notary Public
My Commission Expires: NOTARY SEAL
? _ kin
MY COMMISSION# 00162041 EXPIRES
!�s, know/24 2007
r Q� BONDED THRUIROYFMN94/URA*.INC
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Page 2 of 2- Warranty Deed
Temp.Reso.#13364
Exhibit 1
EXHIBIT E
STATUS REPORT OF FUNDED ITEMS AT SWIM CENTRAL ANNEX
Reporting Period:
Date Report Prepared:
Project Information:
Name of City
Person Preparing the
Report for City
Job Title
Funded Items Start-Up
Date
Expected Completion
Date
1. Describe the current status of the Funded Items, identify the tasks performed
and work accomplished during the quarter, and attach photographs of same:
2. Describe problems encountered and provide a detailed explanation of
corrective action taken or to be taken:
Problem: Corrective Action:
Exhibit E
Page 1 of 2
A Temp.Reso.#13364
Exhibit 1
3. Percentage of Funded Items completed to date %.
4. Other Relevant Information:
CERTIFICATION
I hereby certify that the information reported in this status report and all supporting
documentation is correct, and that all tasks and activities were conducted in accordance
with the Agreement between Broward County and City of Tamarac for Grant Funds to
Finance Park Improvements at the Swim Central Annex.
Signature
Print Name
Job Title
Exhibit E
Page 2 of 2