HomeMy WebLinkAboutR-1994-120n 1.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA;
Secti That that certaln Florida Department Of Environmental Protection,
ayor - Commissi er
ATTEST:
City Clerk - Auditor
APPROVED AS TO FORM & CORRECTNESS
By:
Frank C. Adler, City Attorney
Resolution No.120-94
RESOLUTION NO. 720.94
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM, PROJECT GRANT AGREEMENT - DEVELOPMENT
BETWEEN STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND CITY OF DANIA RELATING
TO TIGERTAIL PARK; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Florida Recreation Development Assistance Program, Project Grant Agreement -
Development Between State of Florida Department of Environmental Protection; relating
to Tigertail Park, a copy of which is attached hereto and made a part hereof as Exhibit '4",
be and the same is hereby approved and the appropriate city officials are hereby directed
to execute same.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on this 23rd day of August , 1994.
F9 514
(DEP Contract Number )
FI.ORIDA DEPART!,IENT OF EWIRON}IENTAL PROTECTION
FI,ORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreernent - Development
This Agreement is made and entered into this
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EXH!BIT ,.A"
day
of _, l9- , by and bet$reen the State of Florida,
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and the City of Danj,a, hereinafter called the
GRANTEE, in furtherance of an approved outdoor recreation
project. In consideration of the mutual covenants contained
herein and pursuant to Sections 370.O23, 375.021 and 375.O75,
Florida Statutes, and Chapter 15D-5, Part V, Florida
Adninistrative Code, the parties hereto agree as follows: '
l-. This Agreement shal1 be performed in accordance
with Sections 37o.O23, 375.02L and 375.075, Florida Statutes, and
Chapter 16D-5, Part V, Florj.da Adninistrative Code, hereinafter
cal-Ied the RULE. The GRANTEE shall conply with aII provisions of
the RULE, which is incorporated into this Agreenent by reference,
as if ful1y set for:th herein. Disputes concerning the
interpretation or application of this Agreement sha11 be resolved
by the DEPARTMENT whose decision sha11 be fj.nal. and binding on
the GRANTEE. The DEPARTMENT may cancel this Agreenent for
fail-ure by the GRANTEE to perform pursuant to the terms and
conditions of this Agreement. It is the intent of the DEPARTMENT
and the GRANTEE that none of the provisions of Section 163.Ol-,
Florida statutes, sha1l have application to this Agreement.
2. The DEPARTI,IENT has found that outdoor recreation is
the prinary purpose of the project known as Tigertail park
(Elorida Recreation Development Assistance program, project
Number f'95014), hereinafter caIled the PROJECT, and enters into
this Agreenent with the GRANTEE for construction of outdoor
recreation facilities and improvements on real property, the
1egaI description of which is set forth in the project
application. The project application is incorporated into this
Project Agreement by reference as if fuIly set forth herein.
3. The GRANTEE will- construct, or cause to be
constructed, certain outdoor recreation facilities and
improvements in accordance with the foLlowing PROJECT elements
which nay be nodified with good cause by the DEPARTMENT: nature
traiT/)ogging path, fishing/boat dock, picnic facilities,
playground, fencing and other related support facilities.
4. The DEPARTUENT sha11 pay, on a reimbursenent basis,
to the GRANTEE, funds not to exceed i49,Z5O.OO, which will pay
the DEPARTMENT, S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $ 49,250. OO L00?
GRANTEE Match
Type of l{atch
$N,/A
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N,/A
The PROJECT reim-bursement request shall include all documentation
reguired by the DEPARTMENT for a proper pre-audit and post-audit
review. The Contract Manager sha11, within sixty (60) days after
receipt of a payment request, review the work accomplished to
date on the GRANT and, i.f in order, approve the request for
palment. The DEPARTMENT shall- retain 10? of the entire
DEPARTMENT amount until cornpletion of the PROJECT.
5. Prior to cornmencement of project construction, the
GRANTEE sha1I submit for DEPARTMENT approval the documentation
described in the Fl,orida Recreation Development. Assistance
Program Developrnent Project comnencement Documentation Form, DEP
Form 42-005.
6. The GRANTEE shal-l- comply with the DEPARTMENT, S
Grant and Contract Accountability Policy, Chapter L6A-1L, Ftorida
Administrative Code, hereinafter calIed the pOLICy, and
incorporated into this Agreement by reference as if fu11y set
forth herein. The GRANTEE shall ensure that all purchases of
goods and servi.ces for accomplishment of the PROJECT shall be
secured in accordance with the GRANTEETS adopted procurement
procedures. Expenses representing the PROJECT costs, including
reguj-red matching contribution, sha11 be reported to the
DEPARTMENT and summarized on certification forrns provided in the
PoLIcY. The PoLfcY establishes uniform guidelines and procedures
to be utiLized by the DEPARTMENT and the GRANTEE in accounting
for grant funds disbursed under the PROJECT and sets forth
principles for determining eIi-gib1e costs, supporting
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docunentation and minimum reporting requirements. The GRANTEE
shaLl retain al.I records supporting PROJECT costs for three (3)
years after the fiscal year j.n whj.ch the final PROJECT payment
was released by the DEPARTMENT or until final resolution of
matters resulting fron any litigation, claim or audit that
started prior to the extrliration of the three-year retention
period. The DEPARTITIENT, Auditor General , state cortrptroller and
other relevant parties shalr have the right to inspect and audit
the GRANTEE, S records for said PROJECT.
7. progran funds rnay be reimbursed for eligible costs
incurred prior to execution of this Agreement if the GRANTEE has
been granted a Waiver of Retroactivity and all applicable
reguirements have been satisfied.
8. The DEPARTMENT and the GRANTEE fu1Iy understand and
agree that there sha1l be no reirnbursenent of funds by the
DEPARTMENT for any obligation or expenditure made prior to the
execution of this Agreement r,/ith the exception of $ _O_,
for: N/A
9. This Agreenent shal1 become effective upon
execution and the crantee shal1 complete construction of alL
PROJECT eLements on or before Septenber 30, j.996. A11 PROJECT
close-out documentation shalr be subnitted to the DEPARTMENT
prior to release of program funds pursuant to the reguirements of
the RULE.
10. Mary Ann Lee, Community Assistance Consultant, or
successor, is hereby designated the DEPARTMENT, S contract Manager
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for the purpose of this Agreement and shal-L be responsib.Le for
ensuring performance of its terms and condit,ions and shal1
approve all reinbursement requests prior to payment. The
GRAN?EE ' S Lj.aison Agent, as identified in the project
application, sha1J. act on behalf of the GRANTEE relative to the
provisions of the Agreement. The GRANTEE, S Liaison Agent shal1
subnit to the DEPARTMENT signed PROJECT status reports every
ninety (9o) days summarizing the lrork accomplished, probleurs
encountered, percentage of completion and other appropriate
information. Photographs sha11 be subnitted irhen appropriate to
reflect the construction work accomplished.
11. A11 monj-es expended by the GRANTEE for the purpose
contained herein shal1 be subject to preaudit review and approval
by the Comptroller of Florj-da in accordance with Section 1,7.O3,
Florida Statutes .
12- Each party hereto agrees that it shaLl be soIe1y
responsible for the v/rongful acts of its ernployees, contractors,
and agents. Hohrever, nothing contained herein shall constitute a
waiver by either party of i.ts sovereign innunity and the
linitations set forth in Sectjon Z68.28, Florjda Statutes.
L3. The DEPARTITENT reserves the right to inspect said
PROJECT and any and a1I records related thereto at any tine.
14. This Agreernent may be unitaterally cancelled by the
DEPARTMENT j-n the event the GRANTEE refuses to allow public
access to aL1 documents, papers, letters or other naterials made
or recej-ved in conjunction vrith the Agreenent pursuant to the
provisions of Chapter 119, Florida Statutes.
15. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compLiance by the
GRANTEE with said Agreement, the GRANTEE will be allowed a
maxinum of sixty (60) days to submit additional pertinent
documentation to offset the amount identified as being
due the DEPARn{ENT. The DEPARTMENT, following a review of the
docurnentation suburitted by the GRANTEE, will inforn the GRANTEE
of any reinbursement due the DEPARTMENT.
15. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
GRANTEE for non-compliance with the terms of the Agreenent, and
the GRANTEE upon notification from the DEPAR?MENT, agrees to
refund, and will forthvrith pay, the amount of money demanded--
which payrnent shall be rnade directly to the DEPARTMENT. Such
refund shal1 lnclude interest caLculated at tlro (2) percent over
the prevailing prirne rate as reported by the Federal Reserve.
17. The state of Floridars performance and obligation
to pay under this Agreenent is contingent upon an annual
appropriation by the Legislature.
18. Reimbursement of eligible travel expenses shal1 be
subject to the requirements of Section L12.06L, Florida Statutes.
L9. A1lowable indirect costs sha1l not exceed l-59 of
the GRANTEE, S eligible wages and salarj"es. fndirect costs that
exceed L53 nust be approved in advance by the DEPARTMENT to be
considered eligible PRoJECT expenses.
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20. Asphalt paving for the PROJECT shalL conforn to the
Florida Department of Transportation, s specifications for road
and bridge construction. Bid specifications, contracts arrd/or
purchase orders of the GRANTEE must specify thickness of asphalt
and square yards to be paved.
2L. Prior to final reirnbursenent, the GRANTEE nust
erect a permanent infornation sign on the project site which
credits the Florida Department of Environmental protection and
the Florida Recreation Development Assistance program.
22. Land or^rned by the GRANTEE, which is developed or
acguired hrith FRDAP funds, shafl be dedicated in perpetuity as an
outdoor recreation site for the use and benefit of the public.
The dedj.cation must be recorded in the public property records by
the GRANTEE. The GRANTEE shall_ ensure that the project, if on
GRANTEE-owned land and purchased or developed with FRDAP funds,
sha1l be managed for outdoor recreation purposes for a rninimum
period of twenty-five (25) years fron the completion date set
forth in the project completion certificate. Land under control
other than by ownership of the GRANTEE (e.g., 1ease, pernit,
managenent agreement or other sirnilar instrument, etc.) and
developed with program funds shall be managed as an outdoor
recreation area for the public for a rninirnum period of tv/enty-
five (25) years from the conpletion date set forth in the project
completion certificate. This project sha1I be open at reasonabl,e
tirnes and shalL be managed in a safe and attractive nanner
appropriate for public use. Should GRANTEE, convert a1l or part
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of the project site to other than DEPARTMENT staff approved
recreational uses, the GRANTEE sha11 repl-ace the area,
facilities, resource and sj_te at its own expense with a project
of comparable scope and guality acceptable to the DEPARTMENT.
23- No person on the grounds of race, creed, color,
nationaL origin, age, sex, or disability, shall be excluded from
participation in; be denied the proceeds or benefits ofi or be
otherwise subjected to discrimination in performance of this
Agreement .
24. ?his Agreement strictly prohibits the expenditure
of FRDAP funds for the purpose of lobbying the Legislature, the
judicial branch, or a state agency.
25. Any local governmental entity, nonprofit
organj-zation, or for-profit organization that is awarded funds
from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $LOO,OOO, have an audit
perforrned in accordance with the rules of the Auditor Generaf
pronulgated pursuant to Section Lt-45, Florida Statutes,
(b) If the amounts received exceed g25,OOO, but do not
exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promul,gated pursuant to Section
LL.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that the
receivj.ng entity or organj-zation has conplied with the provisj.ons
of the grant; or
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(c) If the anounts received do not exceed $25,o00, have the
head of the entity or organization attest, und.er penalties of
perjury, that the entity or organization has complied with the
provisions of the grant.
26. tn addition, a copy of the product as required in
paragraph 25, shalL be subnitted to the DEPARrMENT within one (1)
year from the project completion date as set forth in the project
completion certif icate.
27. This Agreement represents the entire agreernent of
the parties. Any alteratj.ons, variati.ons, changes, rnodifications
or waivers of provisions of this Agreenent sha11 onLy be valid
when they have been reduced to writing duly signed by each of the
parties hereto, and attached to the original of this Agreement.
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By
fN WITNESS WEEREOF, the parties hereto have caused these
presents to be duly executed on the day and year fj.rst above
written.
STATE OF FLORIDA DEPART},IENT
OF ENVIRONI.,IENTAL PROTECTION
CITY OF DANIA
By:Fran P. Mainell,a, D rrec tor MAYOR - COMMISSIONERDivision of Recreation and Parks
By:Tit te: city Manager
Address:office of Local Recreation ServicesDivision of Recreation and Parks3900 Commonwealth BouLevardMail stati.on 585TaIIahassee, Florida 32399-3OOO
CITY CLERK - AUDITOR
-(-<...-.-
DEP nt tMa nager
Approved as to
Forrn and LegaLity:
APPROVED AS TO FORM AND
CORRECTNE S S
By:tt ey Grantee Attorney
DEP 42-058Revised 02-22-94
Address:
100 West Dania Beach BIvd.Dania, Florida 330o4
l'nrFFcrF.
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