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HomeMy WebLinkAboutCity of Tamarac Resolution R-83-154Introduced by Temp. # 2751 r 1 2 3 4 5 9 10 11 12 13 14 15 16 17 1p 1%20 21 22 23 24 25 28 29 30 1 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R42-/f'y A RESOLUTION AUTHORIZING EXECUTION OF A PROJECT AGREEMENT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES AND ACCEPTING A GRANT FOR THE PROJECT KNOWN AS THE TAMARAC WILDLIFE PRESERVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac made application for a grant under the Florida Recreation Development Assistance Program for the Tamarac Wildlife Preserve; and WHEREAS, the Florida Department of Natural Resources has approved said grant application; and WHEREAS, the City Council of the City of Tamarac wishes to accept said grant for the Tamarac Wildlife Preserve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l: That the appropriate City officials are hereby authorized to execute a Project Agreement with the Florida Department of Natural Resources to accept a grant for the project known as the Tamarac Wildlife Preserve. The grant is in the amount of $31,466.00 and the City agrees to match or contribute the amount of $15,734.00 in cash or in -kind labor. SECTION 2: This Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this day of 1983. ATTEST: ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Reso1 *on. i` CITY YTORNEY MAYOR; DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE • �59 . Cl o Sv (DNR contract number) FLORIDA DEPARTMENT OF NATURAL RESOURCES FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Agreement . FRDAP # 11-62-22 (project number) This Project Agreement made and entered into this day of by and between the State of Florida Department of Natural Resources, hereinafter called DEPARTMENT, and City of Tamarac , hereinafter called the.PROJECT SPONSOR, in furtherance of an approved outdoor recreation project involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. This Project Agreement shall be performed pursuant to Section 375.021(3), Florida Statutes and Chapter 16D-5, Part II, Florida Administrative Code, attached hereto as Exhibit "A". In the event a dispute should arise between the parties concerning the intent of the language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of said actions of the Florida Legislature and the Executive Board of the Department of Natural Resources. It is the intent of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Project Agreement. 2. The DEPARTMENT has found that outdoor recreation is the primary purpose of the project known as Tamarac Wildlife Preserve (Florida Recreation Development Assistance Program, Project Number 11-62-22 ), and enters into this Project Agreement with the PROJECT SPONSOR for construction of outdoor recreation facilities and improvements on real property, the legal description of which is set forth in Exhibit "B", attached. 3. The PROJECT SPONSOR will construct, or cause the construc- tion of, certain outdoor recreation facilities and improvements in accordance with the project elements described herein substantially Page 1 of 6 DNR 42-058 Revised 3-1-83 in accordance with the site plan described in Exhibit "C", attached. The following shall be considered the project elements: Project elements described in Exhibit E. 4. The PROJECT SPONSOR agrees to operate and maintain the project, to the DEPARTMENT's satisfaction, for a minimum period of twenty-five (25) years from the date of project completion or the lifetime of the project, whichever is greater, and will pay all such expenses as a PROJECT SPONSOR expense. The project shall be open for public use; shall be maintained in accordance with appli- cable health standards and shall be kept reasonably safe for public use. Project facilities and improvements shall be kept in reason- able repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR covenants that it has full legal authority and financial ability to operate and maintain said project facilities and improvements. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the PROJECT SPONSOR such Program funds, not to exceed $ 31,466.00 which will pay said Program's share of the cost of the project. Program fund limits are based upon the following: Program Amount $ 31,466.00 Program Sponsor Match $ 15,734.00 Type of Match Cash and Inkind Labor Program funds may be released in no more than three (3) install- ments, at the discretion of the DEPARTMENT, upon the request of the PROJECT SPONSOR. The DEPARTMENT shall retain $ 3,146.60 of the entire program amount until completion of the project. 6. Eligible costs for constructing said project are defined in the Grant Accountability Policy ::.,scribed in Exhibit "D", attached. Expenses, representing the grant amount and required match, shall be reported to the DEPARTMENT and summarized on certification forms 1 Page 2 of 6 DNR 42-058 Revised 3-1-83 1 provided in Exhibit "D". The PROJECT SPONSOR shall retain all records supporting these costs for three years after the fiscal year in which the final Program payment was released by the DEPARTMENT, except.that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of •the three-year retention period. 7. The DEPARTMENT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Project Agreement with the exception of Not applicable 8. Competitive open bidding and purchasing for the con- struction of said project facilities or improvements shall comply with all applicable law. Following completion of project con- struction, the PROJECT SPONSOR's Liaison Agent shall provide a statement certifying all purchases or contracts for construction were competitively bid pursuant to applicable law. 9. The PROJECT SPONSOR shall commence project construction within six months and complete the project within two years from the date of this Project Agreement, unless amended. 10. Donald A. Ge or (Name) Title successor, is hereby designated as the DEPARTMENT's Contract Manager for the purpose of this Project Agreement and shall be re- sponsible for insuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and title shall be submitted to the DEPARTMENT upon execution of the Project' Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of the Project Agreement. The PROJECT SPONSOR's Liaison Agent shall submit to the DEPARTMENT signed project status reports every sixty (60) days summarizing the work accomplished, problems Page 3 of 6 DNR 42-058 Revised 3-1-83 encountered, percentage of completion and other appropriate infor- mation. Photographs shall be submitted when appropriate to reflect the work. accomplished. 11. The PROJECT SPONSOR agrees to provide the DEPARTMENT with annual attendance reports at such time the project is opened for use by.the general public. Said attendance.reports shall be submitted to the DEPARTMENT during the month of July of each year and shall provide attendance records for a one year period beginning on July 1, and ending on June 30 of the previous year, such period constituting one fiscal year. 12. Should a user fee system be implemented for the project, such fees shall be imposed uniformly upon all users.without regard to age, sex, race, other condition, or the political subdivision in which the user may reside. If requested by the PROJECT SPONSOR and authorized by the DEPARTMENT, special allowances may be made for certain classes or groups of users. 13. All moneys expended by the PROJECT SPONSOR for the pur- poses contained herein.shall be subject to preaudit review and approval by the Comptroller of Florida in accordance with Section 17.03, Florida Statutes. Supporting documentation for expenditures shall be provided by the PROJECT SPONSOR in accordance with the Grant Accountability Policy, attached as Exhibit "D". 14. The PROJECT SPONSOR agrees to save and hold harmless the DEPARTMENT, its officers, agents, and employees from any and all liabilities, claims, actions, damages, awards and judgements, to the extent allowed by law, arising from the PROJECT SPONSOR's obligations contained herein to construct, operate and maintain the project. 15. The DEPARTMENT reserves the right to inspect said project and any and all records related thereto at any time. 16. This Project Agreement may be unilaterally cancelled by the DEPARTMENT in the event the PROJECT SPONSOR refuses to allow public access to all documents, papers, letters, or other material r made or received in conjunction with the Project Agreement pursuant to the provisions of Chapter 119, Florida Statutes. Page 4 of 6 DNR 42-058 Revised 3-1-83 1 17. Following receipt of an audit report identifying any reim- bursement due the DEPARTMENT for non-compliance by the PROJECT SPONSOR with said Project Agreement, the PROJECT SPONSOR will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review,of the documentation submitted by the PROJECT SPONSOR, will inform the PROJECT SPONSOR of any reimbursement due the DEPARTMENT. 18. The DEPARTMENT shall have the right to demand a refund, either in whole or part, of the funds provided to the PROJECT SPONSOR for non-compliance with the terms of this. Project Agreement, and the PROJECT SPONSOR upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay, the amount of money demanded -- which payment shall be made directly to the DEPARTMENT. 19. The PROJECT SPONSOR and the DEPARTMENT mutually agree to the following special terms and conditions incorporated as part of this agreement: Not applicable 0 Page 5 of 6 DNR 42-058 Revised 3-1-83 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the officers and agents thereunto law- fully authorized. . STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES City of Tamarac By: By: Dr. Elton J. Gissendanner Its Agent for thi Purpose Executive Director i/•0� ~ ° Attest: DNR Contract Administrator Approved as to Form and Legality: DNR Attorney Page 6 of 6 DNR 42-058 Revised 3-1-83 0%AAAAj -D :ZI iI A W'.Ar� DNR Contract .- y 1