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Home My WebLink AboutR-1989-079 i i RESOLUTION NO. 79-89 i A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES , FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT BETWEEN THE STATE OF FLORIDA, BROWARD COUNTY AND THE CITY OF DANIA; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND { PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission , City Manager and City Attorney of the City of Dania , Florida , have reviewed the attached form of Agreement and find it to be appropriate to the needs of the City of Dania . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the City Commission of the City of Dania , I Florida , does hereby approve the State of Florida Department of Natural Resources Florida Boating Improvement Program Development Project Agreement between the State of Florida , Broward County and i + the City of Dania , a copy of which is attached hereto and made a i part hereof as Exhibit "A" . i Section 2 . That the Mayor-Commissioner. , City Manager and City Clerk-Auditor are hereby authorized and directed to forthwith execute said Agreement on behalf of the City of Dania , Florida . i Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption . PASSED and ADOPTED this 27 day of April , 1989 . `MICYOR - COMMI< IONER ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS FRANK C. ACLER, City Attorney i i Resolution No. 79-89 i i } _ STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA BOATING IMPROVEMENT PROGRAM DEVELOPMENT PROJECT AGREEMENT Contract No. e scv The State of Florida DEPARTMENT of Natural Resources, hereinafter referred to as the DEPARTMENT, BroWard County, hereinafter referred to as the COUNTY, and City of Dania hereinafter referred to as CITY, in pursuance of a �;recreational boating project approved under the Florida Boating Improvement Program (FBIP) , hereby agree to the following terms and conditions: 1 . This Agreement shall be performed in accordance with Chapter 327 .28, Florida Statutes, .and Chapters 16A-11 and 16D-5, Part III , Florida Administrative Code. 2. The- COUNTY, as the official applicant and recipient of program funds, shall be responsible for grant administration and accountability. The CITY shall act as agent for the COUNTY for construction of the project authorized by this Agreement. 3 . The CITY agrees to implement the recreational boating improvement project known as Houston Park Upgrade (FBIP Project No. B88033) , in accordance with the following project elements which may be modified with due notice and good cause shown to the DEPARTMENT: Remove and replace ramps, repair adjacent pavement and repair seawall. 4 . The CITY agrees to begin the project within six months after the execution date of this Agreement and shall complete the project on or before 365 days of the execution date. If the project is not completed within this time, the DEPARTMENT shall withhold further payment and deny any further request from the County for project approvals until the project has been completed. 5. If the COUNTY receives advanced funds and the project is not started within 90 days of receipt, the COUNTY shall return to the DEPARTMENT all advanced funds plus interest in the amount which would have accrued to the trust fund had the funds not been disbursed. EXHIBIT "A" Page 1 of 5 „d„ 1181 HX3 6 . The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $50 , 000. 00 to be used for the project authorized by this Agreement. The funds will be released by the DEPARTMENT in installments, unless advanced pursuant to the- provisions of paragraph #22• The DEPARTMENT, COUNTY and CITY understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any expenditure made prior to the execution of the Agreement with the exception of $0 for the following specific expenditures : NIA 7 ., Eligible and ineligible costs are established in Chapter 16A-11 and Chapter 16D-5, Part III Florida Administrative Code. B. Payment request and expenditure documentation .shall be submitted in accordance with the DEPARTMENT' S Grant and Contract Accountability Policy (Chapter 16A-11 , F.A.C. ) . The Project Manager shall, within ninety ( 90) days after receipt of a payment request, review the work accomplished to date on the project and, if in order, approve the request for payment. The DEPARTMENT shall retain 10% of grant amount until completion of the project. 9. The COUNTY and CITY shall retain all records supporting project costs for three ( 3) years after the fiscal year in which the final program payment was released by the DEPARTMENT or until final resolution of matter resulting from litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 10. The DEPARTMENT reserves the right to inspect the project as well as the right to audit any and all financial records pertaining to the project at any reasonable time. This Agreement can be unilaterally cancelled by the DEPARTMENT should the COUNTY or CITY refuse to allow public access to all documents, papers, letters or other material made or received in conjunction with the Agreement pursuant to the provisions of Chapter 119 , Florida Statutes. 11. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the COUNTY and CITY agree to return said funds to the DEPARTMENT, Page 2 of 5 � J with interest, within sixty ( 60) days. If not returned within sixty days,f,.the COUNTY and CITY understand and agree that any further COUNTY requests for funding as to this or any other project under the DEPARTMENT administration shall be denied until the funds have been returned. ` 12. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the COUNTY and CITY will be allowed a maximum of sixty ( 60) days to submit additional documentation to offset the amount identified, or to return the amount due. 13 . The COUNTY and CITY agrees that the project, when completed, will be operated and maintained in a satisfactory condition for public recreational boating purposes for a minimum twenty five ( 25) years from the date of project-° completion. The COUNTY and CITY further agree to return to the DEPARTMENT funds tendered for the project with interest, in the event the project becomes utilized for other than public recreational boating purposes durinc3 this period. 14. In the event- the CITY elects to implement a user fee system for any public facilities, the CITY agrees to impose such fees uniformly among the users regardless or race, sex, age, religion or other condition or the political jurisdiction in which the user may reside. 15. The COUNTY and CITY agree to hold the DEPARTMENT harmless from any liability or claims that may result from the implementation of the project or from alleged negligence in maintenance or operation. 16. Linda Reeves, Grants Specialist or her successor, is hereby designated as the DEPARTMENT' S Project Manager for the purpose of this Agreement and shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The COUNTY shall appoint a Liaison Agent, whose name and title shall be- submitted to the DEPARTMENT upon execution of the Agreement, to act on behalf of the COUNTY relative to the provisions of the Agreement. The COUNTY' S Liaison Agent shall submit to the DEPARTMENT signed project status reports Page 3 of 5 - i every sixty (60) days summarizing the work accomplished,:-problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the work accomplished. 17 . The DEPARTMENT' S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 18. ( a) Any asphalt paving shall conform with the Florida Department of Transportation' s specifications for road and bridge construction. Bid specifications, L contracts and/or purchase orders must specify thickness of asphalt and square yards to .be. paved. (b) The Agreement does not constitute consent by the DEPARTMENT to conduct dredging operations without first obtaining all necessary local and State permits for said dredging activity including permission from the Board of Trustees of the Internal Improvement Trust Fund. Any violations resulting from improper/illegal dredging operations may result in automatic termination of the Agreement by the DEPARTMENT with the COUNTY and CITY being held liable for reimbursement of appropriated funds provided through the Agreement plus interest. 19. It shall be the responsibility of the CITY to secure all required permits. - 20. The COUNTY and CITY shall insure that all purchases of goods and services for the accomplishment of the project shall be secured in accordance with the provisions of the law. 21. The Agreement shall become effective on the date of the signature of the Division Director or his designee of the DEPARTMENT. 22. The DEPARTMENT, COUNTY and CITY mutually agree to the following special terms and conditions incorporated as part of this Agreement: N/A Page 4 of 5 i IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the officer and agents thereunto I lawfully authorized. i - EXECUTIVE BOAR& OF THE DEPARTMENT OF NATURA74 RESOURCES Attest: Approved j By: Joseph F. Knoll, Acting Director Division of Recreation and Parks 1, Date: _ Attest: County of: Broward y By: Date: Attest: City of: Dania Date: DNR Project Manager DNR Contract Administrator Approved as to Form and Legality D o ie6 Xy'k Page 5 of 5 I