The URL can be used to link to this page

Home My WebLink AboutR-1990-099 RESOLUTION NO. 99-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF DANIA, FLORIDA, RELATING TO BIKE PATH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain Grant Agreement between the State of Florida Department of Natural Resources and the City of Dania, Florida, relating to bike path, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. ;t5 Section 2. That this resolution shall be in force and take effect .immediately upon its passage and adoption. PASSED and ADOPTED this 9th day of October , 1990. MAYOR - /' : SS4i R-------- ATTEST: ---------- ITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: ------— F ANK C. ADLER, City Attorne Resolution No. 99-90 1� C �(D (DNR Contract Number) FLORIDA DEPARTMENT OF NATURAL RESOURCES Grant Agreement F90-011 (Project Number) This Grant Agreement made and entered into this day of 19_, by and between the Florida Department of Natural Resources, hereinafter called DEPARTMENT, and the City of Dania, hereinafter called GRANTEE, in furtherance of a recreation project involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. The 1990 Florida Legislature has appropriated $50, 000. 00 from the Land Acquisition Trust Fund to the DEPARTMENT for use by the GRANTEE for the recreational project known as Dania Bike Path containing the following project elements: Construction of bike path. 2. The DEPARTMENT and GRANTEE agree to comply with the administrative requirements set forth in Exhibit A, attached hereto and made a part hereof by reference. IN WITNESS THEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES CITY OF DANIA By: By: Fran P. Mainella, Director e� Division of Recreation and Parks Title: Address: DNR (Contract 14ana4er 2 Oakwood Boulevard, Suite 120 Hollywood, Florida 33020 'ate DNR Contract Administ ator Approved as to Form and Legality: t DNR Att,.ne Grantee Attorney EXHIBIT "A" Exhibit A ADMINISTRATIVE REQUIREMENTS (1) Grant (a) Grant funds shall be advanced quarterly to the Grantee on the following basis: 1st Quarter - up to 25% of the grant amount 2nd Quarter - up to 50% of the grant amount 3rd Quarter - up to 750 of the grant amount 4th Quarter - up to 100% of the grant amount. (b) In addition to the executed grant agreement, the Grantee shall forward to the Department written requests for advancement of the grant funds. (c) All advanced funds shall be placed in an interest bearing account by the Grantee and all interest earned shall be paid to the Department by the Grantee on a semi-annual basis . Interest earning statements shall be forwarded to the Department by the Grantee on a quarterly basis . (d) The grant project shall be completed on or before r December 31, 1991 Failure by the Grantee to ¢+ complete the project by the aforementioned date, unless i extended by the Department because of extenuating 1` circumstances, may be cause for the Department to request return of the balance of the grant funds advanced, plus earned interest. (e) At project completion, the Grantee shall forward to the Department (1) any unexpended funds, (2) all unremitted interest, (3) a list identifying the project elements and associated expenses, (4) an as-built site plan, (5) a project completion certification, and (6) financial data supporting the expenditure of grant funds, and match, if applicable , on forms supplied by the Department as referenced in Chapter 16A-11, Florida Administrative Code. lion-profit agencies must supply copies of paid invoices and other supporting documentation. (f) The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant funds. This accounting system shall provide for: 1 . Accurate, current, and complete disclosure of the status of all grant funds . Page 1 of 4 2 . Records that adequately identify the source and application of funds for all activities related to the grant. 3 . Accounting records that are supported by source documentation and are in sufficient detail to allow for a proper pre-audit and post audit (i . e . invoices, bills, cancelled checks) . (g) The Grantee shall retain financial records, supporting documents, statistical records, and all other records pertinent to the grant project for a period of three years after the end of the grant or until final resolu- tion of any litigation, claim or audit begun prior to the expiration of the three-year retention period. (h) The Grantee shall make all grant records of expenditures, copies of reports, books, and related documentation available to a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts , (i) This Project Agreement may be unilaterally cancelled by the Department in the event the Grantee refuses to C allow public access to all documents, papers, letters t or other material made or received in conjunction with the Project Agreement pursuant to the provision of j Chapter 119, Florida Statutes. (j ) 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. (k) 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 thev have been reduced to writing duly signed by each of the parties hereto, and attached to the original of this Agreement . (2) Eligible Costs All expenditures under this agreement by the Grantee must be directly related to the purpose of the grant and must meet eligibility requirements of Section 16A-11. 007 (3) Florida Administrative Code . , Page 2 0£ 4 (3) Indemnification Each party hereto agrees that is shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768 . 28 , Florida Statutes. (4) Conformity with Laws The Grantee agrees that all acts to be performed by it in connection with this agreement shall be performed in strict conformity with all applicable laws and regulations. (5) Indirect Costs The Grantee may be authorized up to 15% of eligible salaries and wages of Grantee employees (not including employee benefits) for indirect (overhead) costs . (6) Equipment Usage If Grantee-owned equipment usage costs are to be claimed by the Grantee, such costs shall be paid by the Department at a rate established by the Department and agreed to in writing by the Grantee prior to commencement of the project. (7) Appropriation Contingency The State of Florida ' s performance and obligation to pay under this agreement is contingent upon an annual appropri- ation by the Legislature . (8) Travel Reimbursement Any eligible travel expenses shall be subject to the requirements of Section 112 . 061, Florida Statutes and Chapter 16A-11 , Florida Administrative Code. (9) Pre-Agreement Costs The Department and the Grantee fully understand and agree that there shall be no reimbursement of funds by the Page 3 of 4 J J F7 - s. Department for any obligation or expenditure made prior to the execution of the agreement with the exception of $ -0- for: N/A (10) Special ecial Condition It is understood by the parties that the amount of this grant may be reduced should the Governor ' s Budget Office declare a revenue shortfall and assess a mandatory reserve. Should such shortfall be declared then this grant may be reduced by the same percentage as the Department is assessed for the mandatory reserve. (11) Failure to Perform This Agreement may be terminated by the Department at any time for failure by the Contractor to perform in accordance with the terms and conditions contained herein. r F Page 4 of 4