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HomeMy WebLinkAboutR-1997-063 l RESOLUTION NO. 63-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE TRI-PARTY DEVELOPMENT PROJECT GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, BROWARD COUNTY AND THE CITY OF DANIA UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM KNOWN AS THE DANIA CUT-OFF CANAL MAINTENANCE PROJECT NO. B97005; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Tri-party Development Project Grant Agreement between the State of Florida, Department of Environmental Protection, Broward County and the City of Dania under the Florida Boating Improvement Program known as Dania Cut-Off Canal Maintenance Project No. B97005, a copy of which is attached hereto and made a part hereof as Exhibit "A", 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 That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.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 THIS 13 DAY OF MAY 1997. MAYOR-COMMISSIONER ATTEST: CITY CAL RK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY RESOLUTION NO. 63-97 1 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -� FLORIDA BOATING IMPROVEMENT PROGRAM TRI-PARTY DEVELOPMENT PROJECT GRANT AGREEMENT Contract No. B9705 This Agreement is entered into this day of 19_, between the State of Florida, Department of Environmental Protection, hereinafter referred to as the DEPARTMENT, Broward County, hereinafter referred to as the DANIA COUNTY, and the City of *kxlbcxx*kxxfms, 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, ' 1 and Chapters 16A-11 and 62D-5, Part III, Florida Administrative Code, which are hereby incorporated by reference as if fully set forth herein. 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 construct the project known as Dania Cut-Off Canal Maintenance (FBIP Project No. B97005) , 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 J Page 1 of 7 EXHIBIT "A" elements are identified in the project application which is made a part of this Agreement by reference : maintenance dredging of Dania Cut-Off Cancal between SW 27 Terrace abnd SW 34 Terrace. 4 . This Agreement shall become effective upon execution by the DEPARTMENT. The CITY agrees to complete the project on or before two years from the effective date . S . The DEPARTMENT agrees to obligate and make available to the COUNTY the approved project amount of $77, 000 . 00 for the project authorized by this Agreement . The DEPARTMENT will release the funds on a reimbursement basis . 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 expenditures : N/A 6 . Alexandra Weiss, Community Assistance Consultant or her j 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 payment requests prior to payment . The COUNTY shall submit to i the DEPARTMENT signed quarterly project status reports on a calendar basis summarizing work accomplished, problems encountered, percentage of completion, and other appropriate information. Photographs shall be submitted when appropriate to reflect work accomplished. 7 . The DEPARTMENT'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 'J Page 2 of 7 8 . Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, I 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. 9 . Upon project completion, the engineer, architect or other appropriate professional shall sign a statement certifying satisfactory completion of the project in accordance with the prepared plans and specifications . 10. Asphalt paving shall conform with the Florida Department of Transportation' s specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders must specify thickness of asphalt and square yards to be paved. 11. Eligible and ineligible program costs are established in the Division of Recreation and Parks Grant Accountability procedures . The COUNTY shall submit payment requests and expenditure documentation to the DEPARTMENT in accordance with the DIVISION' s Grant Accountability Procedures, said requests i being in detail sufficient for a proper pre-audit and post-audit thereof. The Project Manager shall, within sixty (60) 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 the grant amount until completion of the project and all final project documentation has been submitted by the COUNTY and approved by the DEPARTMENT. Page 3 of 7 12 . The CITY is responsible for obtaining all state and federal permits, licenses, agreements, leases, easements, etc. , required for the project . 13 . 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 matters resulting from any litigation, claim, or audit that started prior to the expiration of the three-year record retention period. 14 . 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 canceled 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. 15 . The COUNTY and CITY agree that the project, when completed, 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. 16 . The CITY shall erect a permanent sign identifying the program and the DEPARTMENT as a funding source of project construction. Page 4 of 7 I 17 . 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. 18 . 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 of; or be otherwise subjected to discrimination in performance of this Agreement . 19 . This Agreement strictly prohibits the expenditure of I funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 20 . 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 : (a) 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; (b) 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 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 the grant; or Page 5 of 7 (c) If the amounts received do not exceed $25, 000, have the head of the entity or organization attest, under penalties of 1 perjury, that the entity or organization has complied with the provisions of the grant . 21 . 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 within sixty (60) days after notification by the DEPARTMENT. If 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 be denied until the funds have been returned. 22 . 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. 23 . This Agreement represents the entire agreement of the IIparties . Any alterations, variations, changes, modifications j 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 . 24 . The DEPARTMENT, COUNTY and CITY mutually agree to the following special terms and ,conditions incorporated as part of this Agreement : N/A IN WITNESS WHEREOF, the parties hereto have caused these Page 6 of 7 tow _. 1 presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT BOARD OF COUNTY COMMISSIONERS OF ENVIRONMENTAL PROTECTION OF BROWARD COUNTY By: By: Director or Designee Chairman or designee* Division of Recreation and Parks ADDRESS: 950 Northwest 38th Street Oakland Park, Florida 33309- 5982 t�ti,J D� COUNTY Attorney IDE P Project Manager DANIA CITY OF WKVr=PcXMMM By: Title : MAYOR 100 W . Dania Bch . Blvd . ADDRESS : Dania , FL 33004 Approved as to Form and Legality: by : City Manager by : City Clerk Q � APPROVED AS TO_ FARM AND CORRECTNESS : DEP Attorney City Attorney I i *If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract . Page 7 of 7 i ,�� I i i ', I i I � i i I i E � A _..