HomeMy WebLinkAboutR-2001-187 RESOLUTION NO. 2001-187
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT WITH STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM, AND THE CITY OF DANIA BEACH FOR
FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM GRANT, PATRICK J. MELI PARK IN THE
AMOUNT OF $150,000.00 FOR THE SCOPE OF SERVICES
OUTLINED IN THE AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That the Agreement between Florida Department of Environmental
Protection and the City of Dania Beach for Florida Recreation Development Assistance
Program Grant, Patrick J. Meli Park, in substantial form as attached, is approved and
the appropriate city officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
of the City. Such Agreement shall not be deemed accepted by the City unless and until
the City has completed its execution of the Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
1 RESOLUTION NO. 2001-187
PASSED AND ADOPTED this 9th day of October, 2001.
PATRICIA FLURY
MAYOR - COMMISSIONER
ZL.Z��
ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE J H SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FO AND CORRECTNESS:
BY:
THOM J.IANSB O
CITY ATTORNEY
2 RESOLUTION NO. 2001-187
. ��,4R4tKi,0A
Department of
oR ; Envowarnental Protection
Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard David B.Struhs
Governor Tallahassee, Florida 32399-3000 Secretary
October 1, 2001
Mr. J. Randy Wilkinson
Director, Parks and Recreation
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Re: Patrick J. Meli Park
FRDAP Project No. F02122
Dear Mr. Wilkinson:
Thank you for your letter accepting the Florida Recreation Development Assistance Program(FRDAP)
grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important
that you review the agreement to ensure that information specific to your project is accurate.
Please execute and return both original copies of the agreement. In signing the agreement, do not
• complete the blank space for the date. Our staff will date the agreement when formally executed by
the Department and one original copy will be returned to you.
Thank you for your attention to this matter. If you have any questions, please contact us at
(850) 488-7896 or Suncom 278-7896.
Since;ely,:
� f
Rita F. Ventry
Community Assistance Consultant
Bureau of Design and Recreation Services
Division of Recreation and Parks
Mail Station#585
RFV/lp
Enclosure
"More Protection, Less Process"
Printed on recycled paper.
F0122
DEP Contract Number
CSFA Number: 37017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this day of
200i, by and between the State of Florida, DEPARTMENT
of Environmental Protection, . hereinafter called the DEPARTMENT, and
the City of Dania Beach, hereinafter called the GRANTEE, in
furtherance of an approved public outdoor recreation project . In
consideration of the mutual covenants .contained herein. and pursuant to
section 375 . 075, Florida Statutes, and chapter 62D-5 , Part V, Florida
Administrative Code, the parties hereto agree as follows :
1 . This Agreement shall be performed in accordance with section
375 . 075, Florida Statutes, and chapter 62D-5 , Part V,
Florida Administrative Code, hereinafter called the RULE.
The GRANTEE shall comply with all provisions of the RULE
effective August 23 , 2000, which is incorporated into this
Agreement as if fully set forth herein. It is the intent of
the DEPARTMENT and the GRANTEE that none of the provisions
of section 163 . 01, Florida Statutes, shall have application
to this Agreement.
2 . The DEPARTMENT has found that public outdoor recreation is
the primary purpose of the project known as Patrick J. Meli
Park (Florida Recreation Development Assistance Program,
FRDAP Project Number F02122 ) , hereinafter called the
PROJECT, and enters into this Agreement with the GRANTEE for
the development of that real property, the legal description
of which shall be submitted to the DEPARTMENT as described
in the Florida Recreation Development Assistance Program
Development Project Pre-reimbursement/Commencement
• Documentation Form, DEP Form FPS-A034 .
Page 1 of 11
EXHIBIT
�� �Q
• 3 . The GRANTEE shall construct, or cause to be constructed,
certain public outdoor recreation facilities and
improvements consisting of the following PROJECT elements
which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Renovation: Upgrade lighting-baseball fields,
football/soccer field, irrigation, resodding, re-surfacing
and other related support facilities .
4 . The DEPARTMENT shall pay, on a reimbursement basis, to the
GRANTEE, funds not to exceed $150, 000, which will pay the
DEPARTMENT' S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $150 , 000 500
GRANTEE Match $150, 000 50%
Type of Match Cash
5 . The PROJECT reimbursement request shall include all
documentation required by the DEPARTMENT for a proper pre-
audit and post-audit review. Within sixty (60) days after
receipt of the request, the DEPARTMENT' S Contract Manager
shall review the completion documentation and payment
request from the GRANTEE for the PROJECT. If the
documentation is sufficient and meets the requirements of
the .Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A037, referenced
in s . 62D-5 . 058 (6) 2 (g) , the DEPARTMENT will approve the
request for payment .
6 . The GRANTEE agrees to comply with the Division of
Recreation and Parks ' Grant and Contract Accountability
Procedure, hereinafter called the PROCEDURE and incorporated
into this Agreement by reference as if fully set forth
herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance
with. the GRANTEE ' S adopted procurement procedures . Expenses
representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT
-and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines accounting for FRDAP funds disbursed
under the PROJECT. The parties further agree that the
principles for determining the eligible costs, supporting
documentation and minimum reporting requirements of the
PROCEDURE shall be used.
Page 2 of 11
7 . Allowable indirect costs shall not exceed 150 of the
GRANTEE ' S eligible wages and salaries . Indirect costs that
exceed 15% must be approved in advance in writing by the
DEPARTMENT to be considered eligible PROJECT expenses .
8 . Pursuant to s . 215 . 422, Florida Statutes, the Department ' s
Project- Manager shall have five (5) working days, unless
otherwise specified herein, to inspect and approve the
payment requests for payment. The DEPARTMENT must submit a
request for payment to the Florida_DEPARTMENT of Banking and
Finance within twenty (20) days; and the DEPARTMENT of
Banking and Finance has fifteen (15) days to issue a
warrant . Days are calculated from the date the invoice is
received or the date the services are received, inspected,
and approved, whichever is later. Invoice payment
requirements do not start until a complete and correct
invoice has been received. Invoices which have to be
returned to the GRANTEE -for correction (s) will result in a
delay in the payment. A Vendor Ombudsman has been
established within the Florida DEPARTMENT of Banking and
Finance who may. be contacted if a ..contractor is experiencing
problems in obtaining timely payment (s) from a State of
Florida agency. The Vendor Ombudsman may be contacted at
(850) 410-9724 or (800) 848-3792 .
9 . In accordance with s . 215 . 422, Florida Statutes, the
DEPARTMENT shall pay the GRANTEE interest at a rate as
established by s . 55 . 03 (1) , Florida Statutes, on the unpaid
balance, if a warrant in payment of an invoice is not issued
within 40 days after receipt of a correct invoice and
receipt, inspection, and approval of the goods and services .
Interest payments of less than $1 will not be enforced
unless the GRANTEE requests payment . The interest rate
established pursuant- to s . 55 . 03 (1) , . Florida Statutes, by
Comptroller' s Memorandum.No . 12 (1999-00) dated December 2 ,
2000, has been set at 11 . 0% per annum or . 0003014o per day.
The revised interest rate for each calendar year beyond 2000
for which the term of this Agreement is in effect can be
obtained by calling the DEPARTMENT of Banking and Finance,
Vendor Ombudsman at the telephone number provided above or
the Department' s Contracts . Section at 850/922-5942 .
10 . It is understood by the parties that the amount of this
Agreement may be reduced should the Governor' s Budget Office
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, the amount of this Agreement
Page 3 of 11
may be reduced by the same percentage as the DEPARTMENT is
assessed for the mandatory reserve.
11 . PROJECT funds may be reimbursed for eligible pre-agreement
expenses (as defined in s . 62D-5 . 054 (29) of the RULE)
incurred by GRANTEE prior to execution of this Agreement as
set forth in s . 62D-5 . 055 (9) of the RULE. The DEPARTMENT and
the GRANTEE fully understand and agree that there shall be
no reimbursement of PROJECT funds by the DEPARTMENT for any
expenditure made prior to the .execution of this Agreement
with the exception of those expenditures which meet the
requirements of the foregoing sections of the RULE.
12 . Prior to commencement of PROJE=. development, the GRANTEE
shall submit the documentation required by the Florida
Recreation Development Assistance' Program Development
Project Pre-reimbursement/Commencement Documentation Form,
DEP Form FPS-A034., referenced in s . 62D-D. 058 (6) (f) of the
RULE, to the DEPARTMENT upon determining that the
documentation complies with the RULE, the DEPARTMENT will
give notice to GRANTEE to commence the development and
approve the request for payment .
13 . The Grantee shall obtain all required local, state and
federal permits and approvals prior to commencement of
project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, FPS-A034, referenced in s . 62D-5 . 058 (7) (c) of
the Rule.
14 . This Agreement shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT elements
on or before The GRANTEE may request up
to two (2) one (1) year • extensions . from the DEPARTMENT for
good cause at the written request of- the GRANTEE and such
request must be made prior to the PROJECT completion date.
Project must be completed within 5 years, or money may
revert.
- 15 . Project completion means the .project . is open and available
for use by the public . Project must be completed prior to
release of final reimbursement.
Page 4 of 11
16 . Any local governmental entity, nonprofit organization, or
for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall :
If the amounts received exceed $100, 000, have an audit
performed in accordance with the rules of the Auditor
General promulgated pursuant to s . 11 . 45 , Florida Statutes;
or
If. .the .amounts received exceed $25, 000, but do not exceed
$100, 000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s .
11 . 45 , Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that
the receiving entity or organization has complied with the
provisions of this Agreement; or
If the amounts received do not exceed $25 , 000, have the head
of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with
the provisions of this Agreement .
17 . A . copy of . the audit or attestation as required in Paragraph
16, shall be submitted to the DEPARTMENT within one (1) year
from the PROJECT completion date as set forth in the PROJECT
• completion certificate.
18 . In addition to the provisions contained . in Paragraph 16
above, the Grantee shall comply with the applicable
provisions contained in Attachment 1 . A revised copy of
Attachment 1, Exhibit-1, must be provided to the Grantee
with each amendment which authorizes a funding increase or
decrease. The revised Exhibit-1 shall summarize the funding
sources supporting the Agreement for purposes of assisting
the Grantee in complying with the requirements of Attachment
1 . If the Grantee fails to receive a revised copy of
Attachment 1, Exhibit-1, the Grantee shall notify the
Department' s Contracts Administrator at 850/488-7896 to
request a copy of the updated information.
19 . Following receipt of an audit report identifying any
reimbursement "due the DEPARTMENT .for .the. .GRANTEE'S non-
compliance with this Agreement, the GRANTEE will be allowed
a maximum of thirty (30) days to submit additional pertinent
documentation to offset the amount identified as being due
Following receipt of an audit report identifying the
DEPARTMENT. The DEPARTMENT, following a review of the
Page 5 of 11
documentation submitted by the GRANTEE, will inform the
GRANTEE of any reimbursement due the DEPARTMENT.
20 . The GRANTEE shall retain all records supporting PROJECT
costs for three (3 ) years after the fiscal year in which the
final PROJECT payment was released by the DEPARTMENT or
until final resolution of matters resulting from any
litigation, claim or audit that started prior to the
expiration of the three-year retention period. The
DEPARTMENT, State Auditor General, State Comptroller and
other agencies or entities with jurisdiction shall have the
right to inspect and audit the GRANTEE ' S records for said
PROJECT within the three-year retention period.
21 . The DEPARTMENT' S Contract Manager for the .purpose of this
Agreement shall be responsible for ensuring performance of
its terms and conditions and shall approve all reimbursement
requests prior to payment. The GRANTEE' S Liaison Agent, as
identified in the PROJECT application, or successor, shall
act on behalf of the GRANTEE relative to the provisions of
this Agreement . The GRANTEE' S Liaison Agent, shall submit
to the DEPARTMENT signed PROJECT status reports every ninety
(90) days summarizing the work accomplished, problems
encountered, percentage of completion, and other information
. which may be requested by the DEPARTMENT. Photographs to
reflect the construction work accomplished shall be
submitted when the DEPARTMENT requests them. Any and all
notices shall be delivered to the.parties at the following
addresses :
Grantee Department
J. Randy Wilkinson Rita F. Ventry
City of Dania Beach Dept. of Environmental Protection
100 West Dania Beach Boulevard 3900 Commonwealth Blvd. , MS 585
Dania Beach, Florida 33004 Tallahassee, Florida 32399-3000
22 . Prior to final reimbursement, the GRANTEE must erect a
permanent .information sign on the PROJECT site which credits
PROJECT funding or a portion thereof, from the Florida
Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
23 . The DEPARTMENT has the right to inspect the PROJECT and any
and all records related thereto at any reasonable time.
Page 6 of 11
is
24 . This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all documents, papers,. letters or other materials
made or received in conjunction with this Agreement pursuant.
to the provisions of Chapter 119, Florida Statutes .
25 . The .DEPARTMENT shall also have the right to demand a refund,
either in whole or in part, of the FRDAP funds provided to
the GRANTEE for 'non-compliance with the material terms of
this Agreement . The GRANTEE, upon such written notification
from the DEPARTMENT, shall refund, and shall forthwith pay
to the DEPARTMENT, the amount of money demanded by the
DEPARTMENT. Interest on any refund shall be calculated and
determined pursuant to Section 55 . 03 (1) of the Florida
Statutes . Interest shall be calculated from the date (s) of
payment (s) to the GRANTEE .by. the DEPARTMENT to the date
repayment is made by GRANTEE.
26 . The GRANTEE shall comply with all federal, state and local
rules, regulations and ordinances in acquiring and
developing this PROJECT. The GRANTEE acknowledges that this
requirement includes compliance .with all federal, state and
local health and safety rules and regulations including all
applicable building codes . The GRANTEE further agrees to
ensure that the GRANTEE' S contract will include the
requirements of this paragraph in all subcontracts made to
perform this Agreement.
27 . Land owned by the GRANTEE, which is developed or acquired
with FRDAP funds, shall be dedicated in perpetuity as an
outdoor recreation site by the GRANTEE for the use and
benefit of the public as stated in Administrative Rule 62D-
5 . 059 (2 ) . Land under control other than by ownership of the
GRANTEE such as by lease, shall be dedicated as an outdoor
recreation area for the use .and benefit of .the general
public for a minimum period of twenty-five (25) years from
the completion date set forth in the PROJECT completion
certificate. All dedications must be recorded in the public
property. records by the GRANTEE. Such PROJECT shall be open
at reasonable times and shall be managed in a safe and
attractive manner appropriate for public use.
28 . Failure to comply with the provisions of the RULE or the
terms and conditions of this Agreement will result in
cancellation of the Agreement by the DEPARTMENT. The
DEPARTMENT shall give the GRANTEE in violation of the RULE
or this Agreement a notice in writing of the particular
Page 7 of 11
U .
violations stating a reasonable time to comply. Failure to
comply within the time period state in the written notice
ishall result in cancellation of .the Agreement and may result
in the imposition of the terms in Paragraph 25 .
29 . In the event of conflict in the provisions of the Rule, the
Agreement and the Project Application, the provisions of the
Rule shall control over this Agreement and this Agreement
shall control over the Project Application documents .
30 . If the- DEPARTMENT determines that site control is not
sufficient under the RULE the DEPARTMENT shall give the
applicant a notice in writing and a reasonable time to
comply. If the deficiency cannot .be reasonably corrected
within the time specified in the notice, the DEPARTMENT
shall cancel this AGREEMENT.
31 . The State of Florida ' s performance and obligation to pay
under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
32 . This Agreement strictly prohibits the expenditure of FRDAP
funds for the purpose of lobbying the Florida Legislature,
the judicial branch, or a state agency.
33 . No person on the grounds of race, creed, color, national
origin, age, sex, marital status or ability level, shall be
excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement .
34 . Each party hereto agrees that it shall be solely responsible
for the wrongful acts of its employees and agents . However,
nothing contained herein shall constitute a waiver by either
party .of its sovereign immunity or the provisions of s .
768 . 28, Florida Statutes .
35 . . .The.. employment of unauthorized aliens by any GRANTEE is
considered a violation of s . 274A(e) of the Immigration and
Nationality Act . If the GRANTEE knowingly employs
unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement . The GRANTEE
shall be responsible for including this provision in all
Page 8 of 11
subcontracts with private organizations made to perform this
Agreement.
36 . A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public
entity in -excess of .the threshold amount provided in s .
287 . 017 , Florida Statutes, or Category Two, for a period of
36 months from the date of being placed on the convicted
vendor list .
37 . The Agreement has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida.
Wherever possible, .each provision of .this Agreement shall be
interpreted in such manner as to be effective and valid .
under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such
provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of
this -Agreement . Any action hereon or in connection. herewith
shall be brought in Leon County, Florida unless prohibited
• by law.
38 . No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
39 . This Agreement is not intended nor shall it be construed as
granting any rights, privileges. or .interest in any third
party without mutual written agreement of the parties
hereto .
40 . This Agreement is an exclusive contract and may not be
assigned in. whole or in .part without the written approval of
the Department.
41 . This Agreement represents the entire agreement of the
parties . Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing,
• Page 9 of 11
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e
duly executed by each of the parties hereto, and attached to
the original of this Agreement.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
•
Page 10 of 11
j
i
• IN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF CITY OF DANIA BEACH
ENVIRONMENTAL PROTECTION
By:
P lury, Mayor
BY BY
Division Director (or Designee) on Nunemaker,
Division of Recreation and Parks ctinq City Manaqer
Title:
Address: Address :
Bureau of Design and Recreation Services 100 West Dania Beach Boulevard
Division of Recreation and Parks Dania Beach, Florida 33004
3900 Commonwealth Boulevard Atte
st -
Mail Station 585
® Tallahassee, Florida 32399-3000 by:
Charenehns4on
City Cle
DEP Contract Manager
Approved as to form & correctn,
�:I, �, 4 /Y��/A
Approved as to Form and Legality: G ranlZee At to ney
This form has been pre-approved as to Thomas Ansbro
form and legality by Suzanne Brantley,
Assistant General Counsel, on
June 6 , 2001 for use for one year.
DEP 42-058
Revised 05-18-2001
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