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1998-31 Agreement to Participate Hazard Mitigation Grant Program with Broward Cty ~ CITY OF PARKLAND 6500 PARKS IDE DRIVE PARKLAND) FL 33067 (954) 753-5040 FAX (954) 341-5161 July 16, 1998 .... Mr, Sherman Carper Director Emergency Management Division 201 N,W, 84th Avenue Plantation, FL 33324 Re: Aereement between Broward County and City of Parkland Dear Mr, Carper: Attached are three (3) fully executed copies of "Agreement between Broward County and the City of Parkland for Municipal\Loca1 Mitigation Strategy." The Parkland City Commission unanimously approved the Agreement, by Resolution No, 98-31, on July 15, 1998. As I understand it, once it has been executed by Broward County one of the originals will be forwarded to us for our files, If you require any further information, please feel free to contact our office, Sincerely, CJj(/bv ytiFtt-- Helen Lynott, C,M.C, Deputy City Clerk (3) Attachments CC: Chief Steve List, Director of Public Safety Judith Kilgore, Director of Finance carper $7500 Grant Emergency Management. Division Broward County Emergency Operations Center 201 N.W. 84 Avenue Plantation. FL 33324 (954) 831-3900. FAX (954) 382-5805 Emall: user@co.broward.fl.us -----..----.- August 17, 1998 98.1124 Helen Lynott, Deputy City Oerk City of Parkland 6500 Parkside Drive . Parkland, FL 33067 RE: Broward County Local Mitigation Strategy Agreement Dear Ms. Lynott: Enclosed is an original local mitigation strategy agreement between your municipality and Broward County. The County Administrator has signed the agreement on behalf of the Broward County Board of County Commissioners. Please retain this agreement for your records. erman ''Tony'' Carper, Jr. Director STC:lvk Enclosure: LMS contract BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Employ.r and Provider of Servlc.. Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Ilene Lieberman Lori Nance Parrish Sylvia Poltler John E. Rodstrom. Jr. World Wid. Web: http://www.co.browarcUI.us/dllOlter - . AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND for MUNICIPAULOCAL MITIGATION STRATEGY I. '. .J AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND for MUNICIPAULOCAL MITIGATION STRATEGY This is an Agreement, made and entered into by and between: BROWARD COUNTf, a political subdivision of the state of Rorida, hereinafter referred to as "COUNTY/CONTRACTOR, " AND CITY OF PARKLAND, a Florida municipal corporation, hereinafter referred to as "PARKLAND/SUBCONTRACTOR. " WHEREAS, the Federal Department of Energy (DOE) and the Federal Emergency Management Agency (FEMA) have authorized funding for the preparation of a Statewide Mitigation Project, including the development of local mitigation strategies and pre- identification and prioritization of H~ard Mitigation Grant Program projects to become a part of the Statewide Hazard Mitigation Strategy; and WHEREAS, PARKLAND/SUBCONTRACTOR represents that it is fully qualified; possesses the requisite skills, knowledge, qualifications, and experience to provide the Local Mitigation Strategy services identified herein; and offers to perform such services; and CAF#112,FRM (Rev, 2/11/98) -1- WHEREAS, COUNTY/CONTRACTOR has a need for such services to formulate the Local Mitigation Strategy, and accepts the offer of PARKLAND/SUBCONTRACTOR upon the terms and conditions hereinafter set forth; NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions. promises. covenants and payments herel nafter set forth, COUNTY/CONTRACTOR and PARKLAND/SUBCONTRACTOR agree as follows: ARTICLE 1 Dt:FINITIQNS AND IDe~TIFICATIONS 1.1 Agreement - means this document. Articles 1 through 9. inclusive. Other terms and conditions 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 Broward County Administrator, the Director of the Broward County Emergency Management Division, or the designee of such Administrator or Director, The primary responsibilities of the Contract Administrator are to coordinate and communicate with PARKLAND/SUBCONTRACTOR 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 polley, 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, ! 1,4 County Attorney - The chief legal counsel for COUNTY/CONTRACTOR. who directs and supervises the Office of the County Attorney pursuant to Section 4,03 of the Broward County Charter, 1.5 Project - The Project consists of the services described in Article 2. CAF#112. FRM (Rev. 2/11/98) -2- , . ARTICLE 2 SCOPE OF SERVICES 2.1 PARKLAND/SUBCONTRACTOR shall perform all work identified in this Agreement and Exhibit MA.tt The parties agree that the scope of services is a description of PARKLAND/SUBCONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by PARKLAND/SUBCONTRACTOR impractical, illogical, or unconscionable, 2.2 PARKLAND/SUBCONTRACTOR shall provide the COUNTY/CONTRACTOR with the reports and activities identified in Exhibit "An, in accordance with the dates specified therein. If all required reports and activities prescribed are not sent to the COUNTY/CONTRACTOR or are not completed in a manner acceptable to the COUNTY/CONTRACTOR, the COUNTY/CONTRACTOR may withhold further payment until they are completed, The COUNTY/CONTRACTOR may terminate the agreement with PARKLAND/SUBCONTRACTOR if reports or activities are not received or completed withi n thirty (30) days after written notice by the COUNTY/CONTRACTOR, Upon reasonable notice, PARKLAND/SUBCONTRACTOR shall provide such additional program updates or information as may be required by the COUNTY/CONTRACTOR. 2.3 PARKLAND/SUBCONTRACTOR acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement. ARJ"ICLE 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 on August 31, 1999; provided, however, if the term of this Agreement extends beyond a single fiscal year of COUNTY/CONTRACTOR, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY/CONTRACTOR in accordance with Chapter 129, Florida Statutes. No deliverables shall be accepted after July 1, 1999, and no request for payment or invoices shall be accepted after July 31, 1999. CAF#112.FRM (Rev. 2/11/98) -3- 3.2 All duties, obligations, and responsibilities of PARKLAND/SUBCONTRACTOR required by this Agreement shall be completed no later than July 1, 1999. lime shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICL~ COMPENSATIDN 4.1 COUNTY/CONTRACTOR agrees to pay PARKLAND/SUBCONTRACTOR, in the manner specified in Exhibit "A" the total amount of Seven Thousand and Five Hundred Dollars ($7,500.00) for work actually performed and completed pursuant to this Agreement, which amount shall be accepted by PARKLAND/SUBCONTRACTOR as full compensation for all such work. It is acknowledged and agreed by PARKLAND/SUBCONTRACTOR that this amount is the maximum payable and constitutes a limitation upon COUNTY/CONTRACTOR's obligation to compensate PARKLAND/SUBCONTRACTOR for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon PARKLAND/SUBCONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services, 4.2 Notwithstanding any proVIsion of this Agreement to the contrary, COUNTY/CONTRACTOR 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 by PARKLAND/SUBCONTRACTOR. When the above reasons for withholding payment are removed or resolved in a manner satisfactory to Contract Administrator, payment may be made. The amount withheld shall not be subject to payment of interest by COUNTY/CONTRACTOR. 4.3 Payment shall be made to PARKLAND/SUBCONTRACTOR at: ('<IT"'{ o~.. n'" ll. '1"";' ~;, .'~". I ~ 1'" ~\,- \J. t'ill'i ~~, 6500 PAm{~IDE DHn1>i' PARKLAND, FLORIDi133067 CAF#112.FRM (Rev. 2/11/98) -4- be terminated by Contract Administrator upon such notice as Contract Admi nistrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 8.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of COUNTY/CONTRACTOR as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.4 In the event this Agreement is terminated for convenience, PARKLAND/SUBCONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of COUNTY/CONTRACTOR's election to terminate, PARKLAND/SUBCONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement PARKLAND/SUBCONTRACTOR acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by COUNTY/CONTRACTOR, the adequacy of which is hereby acknowledged by PARKLAND/SUBCONTRACTOR, is given as specific consideration to PARKLAND/SUBCONTRACTOR for COUNTY/CONTRACTOR's right to terminate this Agreement for convenience. ARTIQLE 9 ~ISCEl,.LAriEOUS 9.1 OWNERSHIP OF DOCUME~NTS 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/CONTRACTOR. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by PARKLAND/SUBCONTRACTOR, whether finished or unfinished, shall become the CAF#112.FRM (Rev. 2/11/98) -6- property of COUNTY/CONTRACTOR and shall be delivered by PARKLAND/SUBCONTRACTOR to the Contract Administrator, 9.2 &LOfT RI~HT AND RETENTION OF RECORDS COUNTY/CONTRACTOR shall have the right to audit the books. records. and accounts of PARKLAND/SUBCONTRACTOR that are related to this Project. PARKLAND/SUBCONTRACTOR shall keep such books. records. and accounts as may be necessary in order to record complete and correct entries related to the Project. PARKLAND/SUBCONTRACTOR shall preserve and make available. at reasonable times for examination and audit by COUNTY/CONTRACTOR, 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/CONTRACTOR to be applicable to PARKLAND/SUBCONTRACTOR's records, PARKLAND/SUBCONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by PARKLAND/SUBCONTRACTOR. Any incomplete or incorrect entry in such books. records, and accounts shall be a basis for COUNTY/CONTRACTOR's disallowance and recovery of any payment upon such entry, 9.3 NONDISCRIMINATION. EaUAL EMPLOYMENT OPPORTUNIT'(, AND AMI;RICANS WITI1 DISABILITIES ACT PARKLAND/SUBCONTRACTOR 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/CONTRACTOR, CAF#112.FRM (Rev. 2/11/98) -7- including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards, PARKLAND/SUBCONTRACTOR'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/CONTRACTOR Code, Chapter 16Yz), 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. PARKLAND/SUBCONTRACTOR 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, PARKLAND/SUBCONTRACTOR 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, PARKLAND/SUBCONTRACTOR 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/CONTRACTOR Code, Chapter 16112), 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. PARKLAND/SUBCONTRACTOR shall not engage in or commit any discriminatory practice in violation of the Broward COUNTY/CONTRACTOR Human Rights Act (Broward COUNTY/CONTRACTOR Code, Chapter 16Yz) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 9.4 ~DEPENDENT COf:fi.RACTQR PARKLAND/SUBCONTRACTOR is an independent contractor under this Agreement. Services provided by PARKLAND/SUBCONTRACTOR shall be subject CAF#112.FRM (Rev. 2/11/98) -8- to the supervision of PARKLAND/SUBCONTRACTOR. In providing the services, PARKLAND/SUBCONTRACTOR or its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY/CONTRACTOR. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.5 THIRD PARTY BENEFICIARIES Neither PARKLAND/SUBCONTRACTOR nor COUNTY/CONTRACTOR intend 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 ~ 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 BROWARD COUfiTY/CONTRACTOR.: Director, Broward County Emergency Management Division 201 N. W, 84 Avenue Plantation, Florida 33324 FOR PA~KLAND/SUBCONTRACTO~: P('/e&..1 (.. S^FE.r'l 'D.~eq'b>R..... CITY OF PARKLAND 6500 P ARKS IDE DRIVE pARKLA~D,1c'LOl1.lLJ.A ,.,J067 CAF#112.FRM (Rev. 2/11/98) -9- 9,7 pERFORMANCE PARKLAND/SUBCONTRACTOR 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/CONTRACTOR's satisfaction for \ the agreed compensation, PARKLAND/SUBCONTRACTOR shall perform its duties, obligations, and services under this Agreement In a skillful and respectable manner. The quality of PARKLAND/SUBCONTRACTOR's performance and all interim and final product(s) provided to or on behalf of COUNTY/CONTRACTOR shall be comparable to the best local and national standards. 9.8 CONTINGENCY F~E PARKLAND/SUBCONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PARKLAND/SUBCONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for PARKLAND/SUBCONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, Board shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agreem~nt price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 9.9 WAIVES OF BREACH AND MAT~IALlTY Failure by COUNTY/CONTRACTOR 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. COUNTY/CONTRACTOR and PARKLAND/SUBCONTRACTOR agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. CAF#112,FRM (Rev. 2/11/98) -10- 9.10 COMPLlANQE WITH LAWS PARKLAND/SUBCONTRACTOR shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. 9.11 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/CONTRACTOR or PARKLAND/SUBCONTRACTOR 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. 9.12 JOINT PR~PARATIQH Preparation of this Agreement has been a joint effort of COUNTY/CONTRACTOR and PARKLAND/SUBCONTRACTOR and the resulting document shall not. solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 9.13 P~RIORlTY OF PROVISIQN~ If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attach~ 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 Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.14 APPLICABLE LAW AND VENU~ 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, Aorida. 9.15 AM~NPMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the CAF#112.FRM (Rev. 2/11/98) -11- same or similar formality as this Agreement and executed by the Board and PARKLAND/SUBCONTRACTOR, 9.16 PRIOR AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 9.18 below. 9.17 OTHER AGREEMENT$ COUNTY/CONTRACTOR has entered into an agreement with the state of Florida for the grant funding of this Agreement. The Agreement requires the COUNTY/CONTRACTOR to extract certain promises from PARKLAND/SUBCONTRACTOR. PARKLAND/SUBCONTRACTOR agrees to be bound by the terms and conditions of that agreement. This agreement is set forth as Exhibit "B". 9.18 INCORPORATIQN BY RI;F~RENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. 9.19 COUNTE-RPARTS This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. CAF#112.FRM (Rev. 2/11/98) -12- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY/CONTRACTOR through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator on the _ day of . 1998, authorized to execute same by Board action on the 9111 day of June, 1998. and PARKLAND/SUBCONTRACTOR, signing by and through its MAYOR SAL PAGLIARA . on the 15 day of Jul y . 1998, duly authorized to execute same. AGREEMENT BETWEEN BROWARD COUNTY/CONTRACTOR AND PARKLAND SUBCONTRACTOR FOR MUNICIPAULOCAL MITIGATION STRATEGY WITNESS: QQU.NTY/CO~RACTOR BROWARD COUNTY, through its County Administrator "i""~ ;f..~1L -/ ~: COMMI.(\ ;,0.... at~~~"'............~~r J. Desjarlais. County Administrator w........ .. ;:~:, , 'oJ .. .. ~:\? I l CREATED \ '1.,;, !lO :. OCt 1ST i ,,) .~ 1915 .ro as to form by ...~~b ~~A N L. CRUZ. Interim County Attorney ...F.?!l'!!... froward County. Aorida ., *..... ern mental Center. Suite 423 --"'IWN#I' "115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By ~ 1- /II' 'f8 Robert E, Hone, Assistant County Attorney CAF#112. FRM (Rev. 2/11/98) -13- WITNESSES: ~~ 8..ck M~ CAF#112.FRM (Rev. 2/11/98) PARKLAND/SUaQ.QtfiRACTOR -14- PARKLAND, through its CITY COMMISSION ~u~ MAY SAL PAG EXHIBIT A SCOPE OF. WORK LOCAL MITIGATION STRATEGY MUNICIPAL AWARD: PARKLANDS7,500.00 Puroose The Subcontractor shall assist in the development of a Local Mitigation Strategy (the LMS) using the Department ofCommnnity Affairs' (DCA) publication "the Local Mitigation Strategy: A Guidebook/or Florida Cities and Counties, hereafter referred to as "the Guideboolc," as well as other applicable guidance, Subcontractor shall participate in this process, in order to achieve a single unified, LMS~ for Broward County, Pavment and DeHverables Schedule This is a fixed-fee subcontract, The County will pay compensation at the end of each contract period, based on completion of activities identified in this scope of work, the submission of all deliverab1es listed below within the scheduled time frame, and a determination by the County that the Subcontractor has satisfactorily completed the pertinent activities and deliverables. All payments will be made as soon as possible, following receipt of State payments to the County. At the end of the first contract period the Subcontractor may be paid 20% of the total contract amount, 20% at the end of the second contract period, 40% at the end of the third contract period, and the remaining 20% of the total contract amount at the end of the fourth and final contract period. Subcontractor shall submit all deliverab1es in the format prescnbed by the County, The final deliverable shall include an agreed upon Local Mitigation Strategy document, endorsed by resolution, and submitted to the state by the county, All submissions to the County shall be addressed to: Broward County Emergency Management LMS Project 201 NW 84th Avenue PLANTATION, Florida 33024 }, 1- Contract Period - Deliverables due July IS. 1998 A Identify the municipal contact person for this subcontract, to include phone and fax number. This individual will be responsible to provide regular briefings to the chief municipal administrative officer and to formally represent the municipality regarding CAF#112.FRM (Rev. 2/11/98) -15- .. mitigation and emergency management issues that come before the Emergency Coordinating Council and Mitigation Task Force, B. At least one mmicipal representative, including the representative named in "A" above, shall actively attend and participate in all Emergency Coordinating Council and Mitigation Task Force meetings, C, The nnmicipal representative shall actively assist in the development of procedures to resolve conflict between government entities, that may arise from the development of the local mitigation strategy, D. The nnmicipal representative to the Emergency Coordinating Council and Mitigation Task Force shall actively assist in the development of evaluation criteria and procedures, to regularly review, update and revise the local mitigation strategy. E. The nnmicipal representative to the Emergency Coordinating Council and Mitigation Task Force shall actively assist in the development of Community Guiding Principles, To include: 1, providing a listing of nnmicipal agencies and the mitigation functions they perform. Include a narrative description of how these agencies help reduce losses from hazards. 2, providing a listing of existing nnmicipal policies, ordinances and programs that affect mitigation, 3. providing an evaluation of existing nnmicipal mitigation policies, ordinances and programs, descnbing their effectiveness at reducing losses of life and property, n. 2u Contract Period - Deliverables due bv September IS. 1998. A As outlined in Section 4 of the Guidebook and drawing from the evaluation of existing mitigation policies, ordinances and programs completed in the previous contracting period, actively assist in the development of, and provide city specific information on: 1. The mmicipality will contnbute to the establishment of a single list of mitigation goals and objectives that will serve to guide a coordinated and comprehensive strategy to address hazard mitigation, CAF#112. FRM (Rev. 2/11/98) -16- . 2. a city specific analysis of how existing policies, ordinances and progranm could be strengthened to achieve the mitigation goals and objectives of the community, 3, a city specific and countywide hazard identification and wlnerability assessment. This will be accomplished by identifying nnmicipal data, data sources, and assisting and collecting of data, 4, the identification of private sector. interests and methods for private sector involvement. Establish contact with relevant interests in the local business community and appropriate citizen groups to foster, encourage and obtain their participation, 5, procedures to prioritize both municipal and county mitigation initiatives 6, Slll11l1W}' of building permit information that identifies the dollar value and number of current mitigation activities, such as hurricane shuttering, within the municipality ill, 3M Contract Period - Deliverables due bY Marcq 1 S. 1999: A, Subcontractor shall provide the following information in a format approved by the County: 1, Critical facilities inventory (see attached list of critical facilities and categories) 2, Listing of other p~blic buildings, facilities, and infrastructure, 3. Repetitive loss data, 4, Hazardous materials sites (302 facilities), 5, Historical flood data, including description of conditions during the flood event. B. Subcontractor shall submit a list that includes potential program, project, and policy initiatives at the municipal level of potential mitigation initiatives which: CAF#112.FRM (Rev. 2/11/98) -17- .. }, reduce vulnerability, 2, study and identify cost beneficial mitigation activities, including engineering studies, 3, identify existing and potential mitigation initiatives found and to be added in existing local government Capital Improvements Plans for future funding consideration, 4, recommend program and policy actions and revisions to further promote effective hazard mitigation. 5, Progress report of private sector participation in the Local Mitigation Strategy, C, The municipal representative to the Emergency Coordinating Council and Mitigation Task Force shall actively assist in the identification of potential funding sources. D. Subcontractor shall provide a list of potential municipal mitigation initiatives, E, Subcontractor shall review and comment on all DDltua1ly developed hazard identification and vulnerability assessments and on the potential mitigation initiatives. ~ 4* Contract Period - ~1iverables due by July 1. 1999: A, Subcontractor shall agree, by resolution, to final Local Mitigation Strategy as a compiled document to be submitted to the Board of County Commissioners for formal adoption, CAF'112.FRM (Rev. 2/11/98) -18- II Animal Related Correctional Facility Church Clinic Comrmmication Emergency Operation Center Electrical Emergency Medical Services Fire Station Hazardous Material Site Hospital Florida Highway Patrol Landfill-Active Landfill-Inactive Landing Zone Military Base Nursing/Convalescent Police Department Potable Water Radioactive Site Red Cross Refuge of Last Resort School Shelter Special Needs Sheher Sheriff Department Sewage Treatment Facility Transportation Facility Water Treatment Facility CAF#112.FRM (Rev. 2/11/98) Critical Facilities Listing -19- ~ ~t.A.S1 RISK MANAGEMENT ASSOClA SO SERMA /J01y November 7, 1997 I~ECEI. D NOV 1 2 1997 BY:. .'. 44.- ~--' Judith Kilgore, Finance Director City of Parkland 6500 Parkside Drive Parldand, FL 33067-1699 Re: State of Florida Mutual Aid Agreement Dear Ms. Kilgore: In response to YOllr recent request, fmd the following outline of the SERMA consortium program and excess insurance provisions. Both the consortium program and the excess insurer are in agreement with providing coverage for the City of Parkland and it's liability exposures when and while they are participating in a mutual aid assignment under their agreement with the State of Florida. Coverage is provided to the extent that it would have existed for events within their own jurisdiction. The SERMA program provides general and automobile liability up to the limitations contained within F,S,768.28 ($100,000 per claimant/$200,OOO per claim) and workers' compensation benefits up to the self- insured retention of the excess workers' compensation policy ($250,000). These funds are a product of the SERMA member contributions to the consortium. SERMA has also purchased an excess policy via the Ranger Insurance Company to cover general & automobile liability and workers' compensation. The Ranger policy does include an endorsement limiting Florida tort actions to the statutory limits, as stated above, unless a claims bill is awarded in excess of those limits. Please feel free to contact me if additional infonnation or clarification is necessary. Sin~JY' Ud.ALh ~ Carole Watkins Ext 488 lew onut Creek. Lake Oarke Shores. Lake Park. Lake Worth. Lantana. North Palm Beach. Oakland Park. Parkland. Wilton Manors McCreary Corporation, Administrator, 700 Central Parkway, Stuart, FL 34994 fl1n7' ?~7-7hr::.n · fAnm 11~1-???1 RESOLUTION NO. 98-32 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, IN APPRECIATION TO THE ASSIST ANT CITY MANAGER, AUDREY KAPULER, FOR HER DEDICATION AND COMMITMENT TO THE CITY OF PARKLAND WHEREAS, Audrey Kapuler has served the City of Parkland for a decade; and WHEREAS, she has consistently dedicated herself to enhancement, stature, and positive image of the City; and WHEREAS, she has willingly, generously, with decorum and professionalism handled a myriad of assignments, requests, and responsibilities; and WHEREAS, her complete personal and professional efforts to sustain and assist the Mayor, Commissioners, and City Manager in their various City related yet outside associations and endeavors has been of significant value to the City; and WHEREAS, Audrey Kapuler has proven over and over again that the call to public service is a worthy one yielding pride and satisfaction to fellow staff members and the general public; and WHEREAS, much of the success of the long standing City Administration is attributable to her strive for excellence and perseverance to all details and facets of the City's direction, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. Audrey Kapuler is publicly thanked, appreciated, and honored by the Elected Officials of the City and City Administration for her continuing dedication to the philosophy of the City of Parkland, Section 2. Audrev Kapuler is wished happiness. contentment. and brililit dayS RESOLUTION NO. 98-33 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE THE REVISED FIRST ADDENDUM TO THE COMMUNITY PARK AND OPTION AGREEMENT WITH WCI COMMUNITIES LIMITED PARTNERSHIP EXPANDING THE EXISTING AGREEMENT (ORDINANCE NO. 93-18) DATED DECEMBER 15, 1993 AND REPEALING RESOLUTION NO. 98-20 WHEREAS, the City Commission of the City of Parkland, Florida approves entering into the attached revised First Addendum to Community Park and Option Agreement entered into December 15, 1993, Ordinance No, 93-18 and repeals Resolution No, 98-20 dated May 6, 1998; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached revised First Addendum to Community Park and Option Agreement between the City of Parkland, Florida and WCI Communities Limited Partnership and repeals Resolution No, 98-20 dated May 6, 1998, Section 2. That this Resolution shall become in full force and effect immediately upon its passage and adoption, PASSED AND ADOPTED THIS~DAY OF JULY , 1998. CITY OF PARKLAND, FLORIDA ~-t,~ SAL AGLIARA, YOR SEe- CStd .C)~ I cP-- Roo .41- 9 ~- ~6 ~ODD-~I+ d-OOo- 3d..B ATTEST: S~~ 0, .~ SUSAN ARMSTRONG, C .C. CITY CLERK -' CITY OF PARKLAND 6500 .p ARKSIDE DRIVE PARKLAND, FL 33067 .(954) 753-5040-FAX (954) 341~5.16L . . _.. . J ~ to" i September 8, 1998 Mr. Thomas G, Wright, Senior Counsel WCI Communities 3300 University Drive Coral Springs, FL 33065 Re: First Addendum to Community Park Option Aereement Dear Mr, Wright: As directed in your July 29, 1998 letter, attached is one (1) executed original of the above referenced Agreement that was approved by the Parkland City Commission on July 15, 1998, Should you require further information please feel free to contact me. ~fl\~;r~y, , ~ ~~,. ' Helen M. Lynott, C ,C. j Deputy City Clerk (1) Enclosure cc: Judith Kilgore, Director of Finance SEP. -04' 98 (FRI) 14: 56 ANDREW MAVROU [S TEL:4804490 P. 002 lAW OFFICES OF A.NDREW S. MAURODIS 321 S.E. 15T11 AVENUE FT. LAUDERDALE, PLA. 33301 TaUPHONE (9''') %7-2000 TELECOPIER (95-4) 467-2306 ISO N.E. 2ND AVENUE DEERPIElD BEACH, FLA. 33441 TELEP1-JONE (954) 480-4263 TELECOPIER (954) 480.1490 REPLY TO: DEERFIELD BEACH September 4, 1998 VIA FACSTMTT.~ 34J-0684 & M'AlL Tom Wright. Esquire weI Communities 3300 University Drive Coral Springs, Florida 33065 RE: Addendum to Park Agreement/Closing on 10 Acres Dext to Equestrian Facility Dear Tom; Encloaed pleaD. fi"d an ex.outed oopY of tho nbovo raforonood Addendum. While the ~nnttAN ~l'nvirlC'!.t; ;I grr'Jlt~r I~gth nftimp. fnr II ~ln.ins to ('I~ellr, thl!'! Ma)ror is quite amcious to move ahead with the closing at the earliest possible time. Therefore, I would likc to arrangc for a closin8 within the next several weeks. I am askhlg Robel L Klciullli:lJl Lv lJcgiu Lhc LiLh:: WUI k Knd KIlk. yuu Lu cooperate with him. I af't'trACiate your C'.nn~el'Atic'm thl1~ f~r ;Inti wnnlrl uk tn r.nnt;mu' Mth thllt cooperation so that 'We may effect a Elpeecly (lJODlflS, Thank you for your anticipated cooperation. Sincerely, \ Andrew S. Maurodis ASM:jms Enclosure cc: Harry Mertz, City Manager Paul Angelo Robert Kleinman. Esquire 14 ~~It'KI} 1'l:~tJ AI 1\1\11'\"'.\ .. fOr AI~UKt" JVJAUKUUJi) 41rn.nMIU """""n,,, I ~. L : il '" Ill/II U II FIRST ADDENDUM TQ COMMUNITY PARK AND OPTION AGREEMENT This is an Agreement between the CITY OF PARKLAND, a municipal corporation, its successors and assigns (hereinafter referred to as "CITY") and WCI COMMUNITIES LIMITED PARTNERSHIP, a Delaware limited partnership, its successors, grantees and assigns (hereinafter referred to as "WCY'). WCI is the successor by merger to Florida National Properties, Inc., a Florida corporation (hereinafter referred to as "WCI"). This Agreement is an Addendum to the Agreement between the CITY and WCI dated December 15, 1993 which shall be referred to as the "1993 Agreement". The 1993 Agreement and this 1998 Addendum shall be collectively referred to as the Community Park Agreement. WHEREAS, the CITY granted park dedication credits to WCI for the conveyance of twenty- five (25) acres of land to the CITY pursuant to the 1993 Agreement which acknowledged that fourteen and one ha1f(14-l/2) acres had been previously conveyed to the CITY by WCI pursuant to a 1988 Agreement between the parties for a total of thirty-nine and one half(39-1/2) acres of land that have been conveyed to the CITY by WCI for park purposes; and WHEREAS, an additional fifteen hundred thirty-eight (1538) acres ofland owned by WCI has been recently annexed into the CITY; and WHEREAS, WCI owns lands desired by the CITY for park purposes and WCI is willing to convey those lands to the CITY to be used for park purposes; and WHEREAS, CITY is willing to grant additional park credits to WCI in return for the conveyance of additional lands to the CITY for park purposes; and NOW THEREFORE, in consideration of the mutual terms, conditions, promises and payments hereinafter set forth, CITY and WCI agree as follows: 1. The statements of fact in the above WHEREAS clauses are true and correct and are hereby incorporated into this Community Park Agreement. 2. City and WCI agree that this Community Park Agreement shall apply to all lands heretofore owned or hereinafter acquired by WCI (hereinafter referred to as "WCI Land") located within the boundaries of the CITY (existing as of this date). 3. At a closing to be held within one hundred eighty (180) calendar days following the effective date of this Agreement, WCI shall convey to CITY the marketable and insurable title to a parcel of land to be used by the CITY for public park purposes (and subject to the restrictions contained on Exhibit C) legally described in Exhibit A, attached hereto (hereinafter referred to as the WCI Parcel). The closing shall be conducted as provided in the 1993 Agreement (including the provision of the necessary title opinion and all other procedures outlined therein). WCI shall use its best efforts to cause the North Springs Improvement District (hereinafter referred to as the NSID) to transfer to the CITY a thirty (30) foot wide strip ofland legally described on Exhibit B (hereinafter referred to as the Dike), subject to the reservations described on Exhibit C prior to, or concurrent with, the conveyance of the WCI Parcel. Exhibits A and B together constitute a 10.113 acre tract ofland (hereinafter referred to as the 10.113 acre park site), all subject to the restrictions contained on Exhibit C. In the event that WCI is unable to cause the NSID to transfer the Dike to the CITY within one hundred fifty (150) calendar days following the effective date of this Agreement, then the CITY may, in its sole and absolute discretion, cancel this Agreement by notifying WCI in writing. 4. CITY agrees to grant, upon said closing, an additional 10.113 acres of park credits to WCI. The parties agree that the 10.113 acre park site shall be used by CITY to expand the existing Equestrian Center and that all uses and development of the 10.113 acre park site shall be consistent and compatible with the present development and use of the Equestrian Center. The Deed Page -2- shall restrict the 10.113 acre park site to the Equestrian Center land use and shall contain the additional restrictions set forth on Exhibit B attached hereto. 5. The parties agree that park credits shall be determined based upon the park impact fee and dedication requirements as set forth in Section 13-68(9) of CITY's Land Development Code as it existed on December 31, 1997 and attached hereto as Exhibit "C". 6. The parties agree that the additional 10.113 acres of park credit together with the 39.5 acres park credit for land previously conveyed to the CITY for a total of 49.613 acres would satisfy CITY's park dedication and impact fee requirements for the development of3006.85 dwelling units in accordance with the following formula: 49.613 (acres) = 3.3 (persons per dwelling unit) x .005 (5 acres per 1,000 persons) x 3006.85 (dwelling units). The total of3006.85 dwelling unit credits will be reduced by the number of dwelling unit credits applied by the CITY to WCI land as requested by WCl Should a lesser number of units be constructed, WCI shall not be entitled to any refund or credit of any kind. 7. Nothing contained herein shall be deemed to create a vested right in WCI to receive approvals for the development of any specific number of dwelling units. This Agreement shall not be construed to impose upon CITY an obligation to approve any land use plan amendment, development order or development permit application by WCI. 8. The time, or times, of performance specified in this Agreement are of the essence. Any delay will be excused only if such delay is due to strike, fire, flood, windstorm, riot, act of God, act of a public enemy, or other unforeseeable cause beyond the reasonable control of either party to this Agreement. 9. All notices required herein shall be delivered Certified Mail, Return Receipt Page -3- Requested, or by hand delivery, as follows: AS TO CITY: Sal Pagliara, Mayor City of Parkland 6500 Parkside Drive Parkland, Florida 33067 AS TO WCI: Dennis S. Bailey, Senior Vice President WCI Communities Limited Partnership 3300 University Drive Coral Springs, Florida 33065 10. The preparation of this Agreement has been a joint effort of the parties and the resulting documents shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the intent of the parties that this Agreement be construed liberally to achieve its intent. 11. No waiver of any provision of this Agreement shall be binding unless it is in writing and signed by the party against whom it is asserted. The failure of either party to comply with any provision herein shall not relieve it of its other duties and obligations hereunder. 12. This Agreement represents the entire agreement between the parties, and no modification of the terms shall be permitted except by a written document executed with equal dignity. 13. WCI and CITY agree that this document shall not be recorded in the Public Records ofBroward County, Florida. 14. Should either party be required to enforce any term of this Agreement through legal action in a court of law, the prevailing party shall be reimbursed for its attorney's fees and cost by the non-prevailing party, including at the investigative, trial and appellate levels. 15. All the terms, provisions and conditions contained in this Agreement shall survive Page -4- the closing and delivery of each deed of conveyance which may be involved in this transaction, and the obligations shall bind the successors and assigns of the parties. 16. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 17. The effective date of this Agreement shall be the date on which the last party affixes its signature hereto. IN WITNESS WHEREOF, CITY and WCI have made and executed this Agreement on the respective dates set forth below; CITY, signing by and through its Mayor, authorized to execute the same by City Commission action on the ~ day of Jul y , 1998, and WeI, signing by and through its Senior Vice President, duly authorized to execute the same. DATED: Seotember 4, 1998 CITY OF PARKLAND By: ~/~ S Pagliara ayo!" ATTEST: C---Q ~ "'--, .. X~- Susan Armstrong, City CI ~ !,) Paull. Angelo 7 Vice President WCI COMMUNITffiS LIMITED PARTNERSIDP By: Dennis~ Senior Vice President DATED: September 4, 1998 7124/98 Park1andlWCI-Fim-Addcndum Page -5-