HomeMy WebLinkAboutR-1993-185 i` OWN `
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FLORIDA BOATING IMPROVEMENT PROGRAM
TRI-PARTY RETROACTIVE PROJECT GRANT AGREEMENT
BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION, BROWARD COUNTY AND THE f
CITY OF DANIA FOR THE CONSTRUCTION OF A BOAT DOCK
(FBIP PROJECT NO. 93044) AT I.T. PARKER COMMUNITY
CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. '.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the City Commission of the City of Dania, Florida, hereby
approves that certain State of Florida Department of Environmental Protection Florida
Boating Improvement Program Tri-Party Retroactive Project Grant Agreement between
the State of Florida, Department of Environmental Protection, Broward County and the
City of Dania, copy of which is attached hereto as Exhibit "A", be and the same is
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hereby approved and the appropriate city officials are hereby authorized to execute
same.
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Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED and ADOPTED this 9 t h day of November, 1993. _
ATTEST: �� I � I � • � Cd� ,
Mayor- Commissioner
City Clerk - Auditor
APPROVED FOR FORM AND CORRECTNESS r :
f J /illi4Y J YfY
Frank C. Adler, City Attorney
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a STATE OF FIARIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
r FLORIDA BOATING IMPROVEMENT PROGRAM
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TRI-PARTY RETROACTIVE PROJECT GRANT AGREEMENT
Contract No.
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This Agreement is entered into this day of
19 , between the State of Florida, Department of
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Environmental Protection, hereinafter referred to as the ( . .
DEPARTMENT, Broward County, hereinafter referred to as the
COUNTY, and the City of Dania, hereinafter referred to as the
CITY, in pursuance of a project approved under the Florida
Boating Improvement Program (FBIP) .
1. This Agreement shall be performed in accordance with
Sections 370.021(1) , 327. 25(12) , and 327. 28, Florida Statutes,
and Chapters 16A-11 and 16D-5, Part III,, Florida Administrative I
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Code, which are hereby incorporated by reference as if fully set I
forth herein.
2. The COUNTY, as the official applicant and recipient of
program funds, shall be responsible for grant administration and
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accountability. The CITY shall act as agent for the COUNTY for
i construction of the project authorized by this Agreement.
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3 . The CITY has completed the project known as I.T. Parker
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Boat Dock (FBIP Project No. B93044) , in accordance with the plans
and specification prepared by, or under the supervision and
review of, a registered professional architect, engineer or
other appropriate professional. These elements are identified in
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EXHIBIT "A" x .
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the project application which is made a part of this Agreement by
reference: replacement/expansion of wooden dock along seawall at
I .T. Parker Boat Dock.
4 . This Agreement shall become effective upon execution by
the DEPARTMENT.
5. The DEPARTMENT agrees to obligate and make available to
the COUNTY the approved project amount of $40, 000.00 for the
project authorized by this Agreement pursuant to the provisions
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of section 16D-5. 033 (9) , Florida Administrative Code.
6. Alexandra H. Weiss, Community Assistance Consultant or
her successor, designated as the DEPARTMENT'S Project Manager for
the purpose of this Agreement, is responsible for ensuring
{ performance of its terms and conditions and shall approve all f{
payment requests prior to payment.
7. The DEPARTMENT'S performance and obligation to pay
under this Agreement is contingent upon an annual appropriation
by the Legislature.
8. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors,
and agents. However, nothing contained herein shall constitute a
j waiver by either party of its sovereign immunity and the
limitations set forth in Section 768.28, Florida Statutes.
9. Asphalt paving shall conform with the Florida Department
of Transportation's specifications for road and bridge
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construction. Bid specifications, contracts and/or purchase
orders must specify thickness of asphalt and square yards to be
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paved. 1
10. Eligible and ineligible program costs are established in
Chapters 16A-11 and 16D-5, Part III, Florida Administrative
{ Codes. The COUNTY shall submit payment requests and expenditure
documentation to the DEPARTMENT in accordance with the
DEPARTMENT's Grant and Contract Accountability Policy, Chapter
16A-11, Florida Administrative Code, said requests being in
detail sufficient for a proper pre-audit and post-audit thereof. j
`i The Project Manager shall, within sixty (60) days after receipt
' of a payment request, review the work accomplished to date on the
iproject and, if in order, approve the request for payment. The
' . I DEPARTMENT shall retain 101 of the grant amount until all final
project documentation has been submitted by the COUNTY and
approved by the DEPARTMENT.
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11. The CITY is responsible for obtaining all state and
federal permits, licenses, agreements, leases, easements, etc. ,
required for the project. �.
12. The COUNTY and CITY shall retain all records supporting i
project costs for three (3) years after the fiscal year in which
the final program payment was released by the DEPARTMENT or until i� •
final resolution of matters resulting from any litigation, claim,
or audit that started prior to the expiration of the three-year
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h record retention period.
13. The DEPARTMENT reserves the right to inspect the project
as well as the right to audit any and all financial records
1 pertaining to the project at any reasonable time. This Agreement
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can be unilaterally cancelled by the DEPARTMENT should the COUNTY
or CITY refuse to allow public access to all documents, papers, f
letters or other material made or received in conjunction with
the Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
14 . The COUNTY and CITY agree that the project shall be
dedicated for public recreational uses. The dedication shall
extend for a minimum of twenty-five (25) years and shall be
recorded in the public property records. The COUNTY and CITY
further agree to return to the DEPARTMENT funds tendered for the
project in the event the project becomes utilized for other than
the purposes of the project during this period.
15. The CITY shall erect a permanent sign identifying the
DEPARTMENT as a funding source of project construction.
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16. The DEPARTMENT shall have the right to terminate this
Project agreement and demand refund of Program funds for non-
compliance with the terms and conditions of the Program. Failure
to comply with these terms and conditions shall result in the
DEPARTMENT declaring the COUNTY ineligible for further
participation in the Program until such time as the COUNTY and
CITY comply therewith.
17 . No person, on the grounds of race, creed, color,
national origin, age, sex or h ap, shall be excluded from (J�Sr���
participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this
Agreement.
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18. This Agreement strictly prohibits the expenditure of
y. l FBIP funds for the purpose of lobbying the Legislature, the
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! � judicial branch, or a state agency.
19. Any local governmental entity, nonprofit organization,
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or for-profit organization that is awarded funds from a grants
and aids appropriation by a state agency shall :
(a) IP the amounts received exceed $100,000, have an audit
e with the rules of the Auditor General
performed in accordanc
promulgated pursuant to s. 11 . 45 ;
(b) If the amounts received exceed $25,000, but do not ;a
exceed $100, 000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to s. 11.45 or
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have a statement prepared by an independent certified public
accountant which attests that the receiving entity or
organization has complied with the provisions of the grant; or
(c) 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 the grant.
20. If it becomes necessary for the DEPARTMENT to demand a
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refund of any or all funds tendered pursuant to this Agreement,
the COUNTY and CITY agree to return said funds to the DEPARTMENT
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within sixty (60) days after notification by the DEPARTMENT. If `r
not returned within sixty days, the COUNTY and CITY understand
and agree that any further COUNTY requests for funding as to this
or any other program under the DEPARTMENT'S administration shall
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be denied until the funds have been returned.
bl . 21. 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.
22. 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 duly signed by each of
the parties hereto, and attached to the original of this
Agreement.
23. The DEPARTMENT, COUNTY and CITY mutually agree to the
following special terms and conditions incorporated as part of
this Agreement: N/A
Payment request and close-out documentation must be
submitted to the DEPARTMENT no later than sixty (60) days after
execution of this Agreement.
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IN WITNESS WHEREOF, the parties hereto hear firstdabovee
presents to be duly executed on the day and y
written.
STATE OF FLORIDA DEPARTMENT
COUNTY of: Broward
OF ENVIRONMENTAL PROTECTION
By: chairman or designee*
BY:
Fran P. Mainella, Director
Division of Recreation and Parks
Title:
DEP Project Manager
Address:
Two Oakwood Blvd. , Suite 120
Hollywood, Florida 33020
DEp o ract Administrator
COUNTY Attorney
C Y f
D nia
roved as to y
alit �o ie �. G ace , Aa r
Fo m and Leg / Y
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1 g1ik3le
�dG i Robert F . Flatley , Ci Y tianager
pEP Attorney"
Address: Dania , FFloorida Bch .
33004Blvd .
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ADRroved as t�. form and correctness :
CITY Attorj�ey
ITYAttest :ory
'flan a Mu i in , , ty erk
*if someone other than the Chairman signs the contract, a
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resolution, statement or other document authorizing that person y
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to sign the contract on behalf of the county must accompany the (1 '
contract.
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�— I ccrh^y tn's to CA . a and correct coPy
V4=j of the rece!C In fip"Gtt ce.
WITNESS MY ttjn0 3n0 ott_2..Seal the
/ _ — daa y of
City of Oanu. FtonOa; s 19 �0-3
93
w City Clerk
RESOLUTION NO. yyAt,- MULLIKIN
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
THE CITY MANAGER TO SUBMIT AN
AUTHORIZING
APPLICATION FOR FUNDING UNDDESIGNATING'RTHE
BOATING IMPROVEMENT PROGRAM;
IAL
CITY
LIAISON t,AGENT;MAAGERORAS THE CONFIRMIINGHISIGNEE THE AMOUNT OFF FUNDS
REQUESTED TIN HE PROJECTOTAL
THE T;NTCONFIORMINGINTHEHECITY'S
COST OF
RESPONSIBILITY CONFTO DRMINGP/THAT RTHE CITY OFFERED
THE PROJECT; TO
TALLHE PLANNINGSPROCESS THE PRPORTL
ELATIVEINITYTO THERADOPTION OF _
THE RECREATION AND OPEN SPACE ELEMENT;
CONFIRMING THE CITY' S ON-GOING CONCERN FOR
PARTICIPATION IN PLANNING AND SELECTION
CITIZEN
OF RECREATION PROJECTS; AND PROVIDING FOR AN
EFFECTIVE DATE. rant
WHEREAS, the City of Dania, Florida, has prepared a 9
nstruction at I .T. Parker
application for the dredging and dock reco
Community Center under the Florida Boating Improvement Program; and
WHEREAS, it is a requirement of the application that this
resolution be adopted and become an official part of the
application.
VED BY THE CITY COMMISSION OF THE
NOW, THEREFORE, BE IT RESOL
CITY OF DANIA, FLORIDA:
manager
Sects That the city is authorized to submit an
Boating Improvement
funding under the Florida
application for
Program for the dredging and dock reconstruction at I.T. Parker
Community Center.
manager or his designee is hereby
Section 2 . That the city
designated as the official liaison agent and is authorized to
execute all appropriate documents and contracts for the purpose of
administering the grant for the city.
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Sect_ ion 3• That the City of Dania is hereby requesting funds
m the Florida Boating Improvement Program
totaling 540 , 000.00 fro .
the total cost of the project is estimated to
Sect4— That
be $40, 000.00.
fiscally and legally
That the City of Dania is
Sect____ i�5--
develop, operate and maintain the
responsible to satisfactorily ;
ram requirements .
project site in accordance with prog `
That the City of Dania has an officially adopted
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Sect_ i_ o_n 6• j
lane in
local comprehensive p a recreation and open space
ursuant to the local Government Comprehensive Planning Act
element, p of the public were
of 1975 (Chapter 163 . 3151 , F.S. 1 and all segments
* � offered an opportunity to participate in the planning process
ra�
leading to adoption of the document. ram of
That the City of Dania has an ongoing program
Sect_ ice? f
public participation which encourages involvement by all segments of
the population within its jurisdiction, including minority and
in the planning for and selection of
disadvantaged citizens,
recreation projects .
n 8 . That this resolution shall be in force and take
Section
effect immediately upon its passage and adoption.
12th January , 1993 .
PASSED and ADOPTED on the
day of
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ATTEST: / MAYOR — CO'�1 SSIONER
p, i� CERTIFICATION
— AUDITOR
i TY CLER 1 certify this to b' a true and correct COPY.
office.
WITNESS my hand and Official seal of the
APPROVED AS TO FORM AND CORRECTNESS Ot the record In my a rt_Lday Ot
city of Danli, Ficttda, this
_ y
By FRANK!C JADLER,� City At y 19 f City Clerk
' YrANGA t
04 -93
-2_ hO�;S��tion No .
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