HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-185Temp. Reso # 10809
September 28, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO SUBMIT AN APPLICATION TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR FLORIDA DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANT FUNDS FOR THE EXPANSION
OF THE TAMARAC SPORTS COMPLEX IN THE AMOUNT OF
$200,000 PROVIDING FOR A CASH MATCH OF $200,000 IN
THE EVENT OF APPROVAL OF THE APPLICATION;
PROVIDING FOR ACCEPTANCE OF THE AWARD AND
EXECUTION OF DOCUMENTS UPON APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents and visitors a higher level of service by enhancing and improving its outdoor
recreation facilities and environment; and
WHEREAS, the Florida Department of Environmental Protection, through the Florida
Development Assistance Program (FRDAP), provides grants to local governments to
acquire or develop land for public outdoor recreation; and
WHEREAS, the City Commission of the City of Tamarac has an on -going program of
public participation through the activities of the Tamarac Parks and Recreation Board; and
WHEREAS, the Tamarac Parks and Recreation Board recommends the
improvements that will be accomplished by the development of this park land; and
WHEREAS, the City of Tamarac Adopted FY2006 Five -Year Capital Improvements
Schedule specifies the development of the property adjacent to the Tamarac Sports
Complex to expand the park and its facilities; and
Temp. Reso # 10809
September 28, 2005
Page 2
WHEREAS, City's Strategic Plan, Tamarac 2004: A Strate is Focus for the City of
Tamarac specifies the development of additional facilities on the land located on Nob Hill
Road adjacent to Tamarac Sports Complex; and
WHEREAS, acceptance of these funds requires the amending of estimated revenues
and expenditures within the Tamarac Sports Complex Capital Improvement Budget; and
WHEREAS, the City is willing to match the 2006 Florida Recreation Development
Assistance Program grant request of $200,000 with City funds in the amount of $200,000 in
the event of approval; and
WHEREAS, the Assistant City Manager and the Interim Director of Parks and
Recreation recommend approval; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to submit an application to the
Department of Environmental Protection for Florida Recreation Development Assistance
Program grant funds for the expansion of the Tamarac Sports Complex.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to submit the Florida
Recreation Development Assistance Program grant application for $200,000 to the Florida
Department of Environmental Protection providing for an equal City cash match of $200,000
in the event of approval of the application. A copy of said application is attached hereto as
Exhibit A.
Temp. Reso # 10809
September 28, 2005
Page 3
Section 3: Upon approval of the application, the appropriate City officials are HEREBY
authorized to accept the award and execute the necessary documents following legal
review.
Section 4: The appropriate City Officials are HEREBY authorized to amend the existing
Tamarac Sports Complex Capital Improvement Project Budget in the amount of $200,000
and appropriate said funds including any and all subsequent budgetary transfers to be in
accordance with proper accounting standards.
Section 5: All resolutions or parts of resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 6: If any clause, section, or other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or application of this Resolution.
Section 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this d,5_ day of 2005.
JOE SCHREIBER, MAYOR
ATTEST:
MARION SWENSON, CMC
= CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
4UEL S. GOREN
INT RIM CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER 09
DIST 2: VIM TALABISCO ZRf
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS'
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
GRANT APPLICATION PACKET
2006-2007
PART I — GENERAL INFORMATION
Received:
Postmarked:
Application Number:
I. APPLICANT INFORMATION
A. blame of Applicant:
B. Federal Employer Identification Number:
C. Population:
(DEP USE ONLY)
D. Current Operating Budget:
(This is the operating budget far the city, county or special district, and not just the department budget)
E. Contact Person: Title:
(The contact person is someone who will be in direct contact with DEP and be responsible far
administering this grant if awarded)
F. Mailing Address:
City/State:
Telephone:( ) _
FAX:
E-mail:
Zip Code:
I hereby certify that the information provided in this application is true and accurate. I further
certify that I possess the authority to apply for this grant on behalf of the applicant.
Signature of City or County Manager/Title
Date
FPS-A033 Page 6 of 30
C. PROJECT LOCATION:
Street Address:
City: County:
Zip Code:
1. Submit a boundary map of the project area providing a description and sketch of the
project area boundaries, display known easements and be legally sufficient to identify
the project area. Aerial photographs are not. accepted as boundary maps.
(Please Tab as Exhibit "K")
2, Submit color, on -site photographs for all three copies of your application, sufficient to
depict the physical characteristics of the project area.
(Please Tab as Exhibit "L")
3. Location map and directions: Submit a detailed road map precisely locating the
project site along with clear written driving instructions from the nearest federal or
state highway. NOTE: Please confirm that street names listed are the same as those
posted on street signs in the area. Please do not use Map Quest or any other computer
mapping program for this.
(Please Tab as Exhibit "M")
D. LEGISLATIVE DISTRICTS IN WHICH THE PROJECT SITE IS LOCATED:
This should be the Florida Senate and Florida House district in which the proposed
project site is located. If you are not sure of the district, contact your local office of the
Supervisor of Elections. (There is only one each.)
State Senator:
State Representative:
Senate District Number:
House District Number:
E. Describe the physical characteristics of the project. Include land resources, vegetation,
fish and wildlife, historical, archaeological resources, water bodies, previous
recreational usage and transportation.access as well as otherpertinent information.
FPS-A033 Page 8 of 30
V. PROJECT COST ESTIMATE (COMPLETE ONLY FOR DEVELOPMENT & TRAILS
PROJECTS):
The project cost estimate break down is on the following page of this application. If land
value is used as match, it should be included under primary cost. Primary costs include
all recreation facilities and opportunities. Primary cost must be equal to or greater than
fifty percent of the total cost. Remember to include each element in your conceptual
site plan. Submit a conceptual site plan displaying the areas and facilities to be
developed as proposed on page 11 & 12 of this application. The site plan must
correlate with the project boundary map and cost estimate. The site plan must
CLEARLY DELINEATE between facilities/opportunities currently existing, facilities
proposed for funding (page 11 & 12) in this application and facilities planned for
future development. Please color code your site plan to indicate facilities that are
existing, proposed for funding and planned for future development (not in this
project.) Also idenCiA different FRDAP phases on the site plan and also any LWCF
phases.
(Please Tab As Exhibit "G")
FPS-A033 Page 10 of 30
SUPPORT FACILITIES AND IMPROVEMENTS: No enclosed structures are eligible except
restrooms, bathhouses or restroom/concession stands. Other support examples are: parking,
landscaping, and security lighting. Amenities such as benches, or bike racks will receive no
points when being scored.
Quantity
Descrition
Estimated Cost
N
E
W
R
E
N
O
V
A
T
I
O
N
S
Total Support
$
TOTAL COST OF PROPOSED PROJECT $
FPS-A033 Page 12 of 30
IV
B. 2005 RELATIVE NEED INDEX BYREGION
Locate the applicant's region and circle each priority V A I
resource/facility need as proposed in the project cost on page 10
of this application which is included in the applicant's planning
region: (7 points)
Bicycle Riding * Hiking * Nature Study Outdoor
Swimming Pool Use *. Shuffleboard
if Bicycle Riding
III Saltwater Beach Activities * Saltwater Fishing (No Boat)
fly
IV Bicycle Riding * Saltwater Fishing (No Boat) * Freshwater Beach
Activities
V Freshwater Beach Activities * Saltwater Beach Activities Bicycle Ridin
VI Saltwater Beach Activities * Bicycle Riding
Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use.
VII Bicycle Riding * Freshwater Fishing (No Boat)
VIII Saltwater Beach Activities * Bicycle Riding * Hiking
Outdoor Swimming Pool Use * Golfing
IX Bicycle Riding Saltwater Beach Activities * Nature Study Hiking
Tent Camping Outdoor Swimming Pool Use * Shuffleboard * Golfing
x Saltwater Beach Activities * Bicycle Riding * Freshwater Fishing (No Boat)
Hiking * Outdoor Swimming Pool Use
xi Saltwater Beach Activities * Bicycle Riding * Freshwater Beach Activities
Freshwater Fishing (No Boat) * Hiking * Tent Camping * Outdoor Swimming
Pool Use
FPS-A033 Page 14 of 30
4. OPERATION AND MAINTENANCE
Capability to develop, operate and maintain the project site: (Please check OiVLYone):
Provide a hri�efposition descr�ption of how development, programming and maintenance will be
provided and a -ME of anAggncE organizational chart.
The applicant has a full-time recreation or park department staffed to provide facility
development, programming and maintenance.
(Please tab as Exhibit I'D") (6 points)
The applicant has demonstrated the existence of a full-time ability to provide facility
development, programming and maintenance.
(Please tab as Exhibit IV') (4 points)
The applicant has other means of providing facility development, programming and
maintenance.
(Please tab as Exhibit I'D") (2 points)
5. PARK PARTNERSHIP
The proposed project is supported through a fully executed written cooperative agreement
between the applicant and a private or public entity in which said entity agrees to furnish 1.0% or
more of the total project costs in cash, land, or labor services for the development/construction of
this project with the applicant holding the leading management responsibility. The written
agreement must be executed by the end of the submission period and quantify the donation
in monetary units.
(A management or maintenance agreement is not acceptable.)
Yes No
(Please tab as Exhibit "E") (3 points)
6. TRAIL CONNECTIVITY
The project provides for increased trail access by (a) connecting an existing, publicly owned and
designated recreational trail with a project trail outside the project boundary; or (b) connecting
two publicly designated trails outside of any park. Please indicate new project trail and where
it connects to the existing trail(s) on the project site plan.
Yes No
(Please tab as Exhibit IIG11) (5 points)
FPS-A033 Page 16 of 30
B) Does the proposed project, in whole or in part, address the highest priority of
infrastructure funding needs for the applicant's population density as set forth in the study
titled "1995 INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT
RECREA TIONAND PARK DEPARTMENT FACILITY NEEDS JIV THE STATE OF
FLORIDA " Use the table below to determine in which priority.fitnding need ranking
theprojectfalls. (Check ONLY one):
Highest Priority Funding Need (13 points)
Second Highest Priority Funding Need (8 points)
ppjpldatwi.� ens
Rank f":
'Constru�ti
Rank,
0
P Ut on,Denift
eon w,-a'�T0012tio 000 t6.24 000
RanWl,
V�
'R`... k 1-
�IJR60;vltti6fi
in
AstrueddW3.
fl MAW "Q
P P6.0tilation15,000
9P, 4k," J64M991'1,
onstroct
11.
ank.1"
d
0110*4 on"
PopubtlowDos ty4.--7YvPU1Aao1fS0, 00010,9%9499i"-"�,-�
Rank"I,
o t
s ruedo
AN,
'a 2
R
16
-Po-04�*t i 100 000 an d
rtic 4
Source: The 1995 Infrastructure Assessment ofLocal Government Recreation and Park
Department Facility Needs in the State ofFlorida
FPS-A033 Page 18 of 30
3. CAPITAL IMPROVEMENT PLAN
A) Is the proposed development of the property identified in the applicant's capital
improvement plan (CIF) or schedule during the current or next three (3) fiscal years?
Please provide:
1). a letter from the agency's city or county manager certifying the five year capital
improvement schedule is officially adopted.
2. a copy of the five-year capital improvement schedule included in the applicant's
adopted Local Comprehensive Plan, stating project by name, amount and year
(County or City budgets are not the same as capital improvement schedules) Please
highlight project name, amount and year.
(6 points)
Yes No
I3) Is the proposed development of the property included as part of the plan through an
adopted resolution committing the applicant to amend their CIP and develop the property
should it receive program funds?
Please provide: a copy of a fully executed resolution amending the existing schedule to
include the development of the proposed project. The resolution must clearly indicate the
development of the proposed project by name, year and amount.
(3 points)
Yes No
(Please tab as Exhibit "A")
FPS-A033 Page 20 of 30
3. STATE OF FLORIDA DESIGNATED RECREATIONAL GREENWAY OR TRAIL
The project is located on or connects with a State of Florida designated geenway or trail.
Please provide a map and documentation (letter from Office of Greenways and Trails) indicating
connectivity. Designation Agreements must be fully executed by the end of submission period.
Yes No
(Please tab as Exhibit "I") (3 points)
4. REGIONAL OR LOCAL GREENWAYS AND TRAILS PLAN
Explain how the proposed project would implement a Greenway and Trail Plan adopted by
either a regional or local governmental entity. Provide quotations or appropriate references with
explanations to justify correlation. Enclose a copy of the regional or local governmental
adopted Green way Plan.
(Please tab as Exhibit "J") (4 points)
FPS-A033 Page 22 of 30
Outdoor Facility Needs Ranked by Priority Index: Population Density 4
Rank Renovation
Construction
Facility
Points
Facility
Points
1 Playgro_unds
6
Soccer Fields
6 Cluster I
2 Rest Rooms
5
Playgrounds
_
5
3 Support Facilities
5
Picnic Facilities
5 Cluster II
4
Tennis Courts
5
Baseball Fields
5
5
Soccer Fields
5
Support Facilities
5
6
Baseball Fields
5
Swimming Pools
5
7
Swimming Pools
4
Softball Fields
4
8
Exercise Trails
4
Basketball Courts
4 Cluster III
9
Softball Fields
4
Rest Rooms
4
10
Basketball Courts
4
Other
4
11
Handball Courts
3
Exercise Trails
3 Cluster IV
12
Picnic Facilities
3
Golf Courses
3
13
Boating Facilities
2
Tennis Courts
2
14
Beach Access
2
Boating Facilities
2
15
Fishing Piers
2
Fishing Piers
2
16
Shuffleboard Courts
2
Football Fields
2
17
Football Fields
2
Handball Courts
2
18
Golf Courses
2
Bike Trails
2 Cluster V
19
Nature Trails
2
Nature Trails
2
20
Other
2
Hiking Trails
2
21
Bike Trails
2
Horse Trails
2
22
Camping
2
Beach Access
2
23
Hiking Trails
2
Camping
2
24
Historical Facilities
1
Historical Facilities
1 Cluster VI
25
Horse Trails
1
Shuffleboard Courts
1
Population Density 4 - Population From 50,000 to 99,999
FPS-A033
Page 27 of 30
J .�, ",
Department of
Environmental Protection
Jeb Bush
Governor
Mr. Michael Gresek
Special Grants Coordinator
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, FL 33321
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
September 11, 2006
Re: Tamarac Sports Complex Expansion
FRDAP Project No. F07159
Dear Mr. Gresek:
Colleen M. Castille
Secretary
J
FTI
Attached is your fully executed project agreement. Please return this copy to its place in the file
folder we previously sent to you. This will help you comply with the administrative
requirements of this grant.
We also would like to remind you of the following:
Construction or acquisition can not begin until all commencement documentation has
been received and approved by this office as identified in the original letter.
2. For development projects, the Department shall retain not less then 10% of the grant
award until the Grantee completes the project and staff completes an on -site inspection.
Quarterly status reports are required (due dates: January 5, May 5, and September 5).
Please summarize work accomplished and any problems encountered.
4. The project should be completed by the completion date set forth in the grant agreement
and all reimbursement requests and closeout documents must submitted within thirty days
after completion. Please be aware that local governments need to complete projects
within the three-year timeframe, other -wise the grant funds may not be available.
"More Protection, Less Process
Printed on recycled paper.
Mr. Michael Gresek
Page 2
September 11, 2006
If you have any questions, please contact our office at (850) 245-2501 / SUNCOM
205-2501. We look forward to working with you on this valuable project.
Sincerely,
Rita Ventry
Community Assistant Consultant
Office of Information and Recreation Services
Division of Recreation and Parks
Mail Station #585
RFV/eb
Attachment
Ar
DEP Agreement No. F7159
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2006-07) — Development
0111\
This Agreement is made and entered into this s__� day of ap�n)'V.
2006, by and between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the
CITY OF TAMARAC, hereinafter called the GRANTEE, a local government, in
furtherance of an approved public outdoor recreation project. In consideration of the
mutual covenants contained herein and pursuant to section 375.075, Florida Statutes,
and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as
follows:
1 This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes; and chapter 62D-5, Part V, Florida Administrative
Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE
shall comply with all provisions of the RULE, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall apply to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Tamarac Sports Complex Expansion (Florida
Recreation Development Assistance Program, FRDAP Project Number F07159),
hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT
with the GRANTEE for the development of that real property, the legal
description of which shall be submitted to the DEPARTMENT as described in the
Florida Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/oirs. Further, the GRANTEE will also
DEP Agreement No. F7159, Page 1 of 10
DEP 66-231 (01/06)
r
. I 1 0 0
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
4. The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS which may be modified by the DEPARTMENT if
GRANTEE shows good cause: Baseball field, nature area/kiosk, playground,
multi-purpose/exercise trail, restrooms/concession and other related support
facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00, which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount:
GRANTEE Match-
$200,000.00
$200,000.00
Type of Match: - Cash/In-Kind and/or Land Value
50%
50%
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre -audit and post -audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). State
guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
htip://www.dbf.state.fl.us/aadir/reference guide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if
fully set forth herein. All purchases of goods and services for accomplishment of
the PROJECT shall be secured in accordance with the GRANTEE's procurement
procedures. Expenses representing the PROJECT costs, including the required
matching contribution, shall be reported to the DEPARTMENT and summarized
DEP Agreement No. F7159, Page 2 of 10
DEP 55-231 (01/06)
on certification forms provided in the PROCEDURE. The DEPARTMENT and
GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP
funds disbursed for the PROJECT. The parties further agree that the principles
for determining the eligible costs, supporting documentation and minimum
reporting requirements of the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the GRANTEE that the amount of this PROJECT
AGREEMENT may be reduced should the Governor's Office declare a revenue
shortfall and assess a mandatory reserve. Should a shortfall be declared, the
amount of this PROJECT AGREEMENT may be reduced by the amount deemed
appropriate by the DEPARTMENT.
11. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The GRANTEE
understands that this Agreement is not a commitment of future appropriations.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre -audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to completion of the project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Completion
Certification, FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE.
DEP Agreement No. F7159, Page 3 of 10
DEP 55-231 (01/06)
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before P 2--,,.D 5 (hereinafter referred to as the PROJECT
completion' date), �t which time all payment requests and completion
documentation will be due to the DEPARTMENT. The GRANTEE understands
that the funds supporting this Agreement are subject to certification forward
approval by the Governor's Office on June 30th each year. The GRANTEE
understands and agrees that if the Governor's Office does not approve the
DEPARTMENT's request to certify the funds forward, the GRANTEE will not be
eligible for reimbursement after the Governor's Office denies the certification
forward.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement.
See Rule 62D-5,054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT 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 five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's noncompliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT.
DEP Agreement No. F7159, Page 4 of 10
DEP 55-231 (01/06)
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability
except as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self -insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non -expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
th th th
PROJECT status reports every January 5 , May 5 , and September 5 of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
25, Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
GRANTEE's Grant Manaaer
Mr. Michael Gresek
Special Grants Coordinator
7525 Northwest 88th Avenue
Tamarac, FL 33321
DEP Agreement No. F7159, Page 5 of 10
DEP 55-231 (01/06)
DEPARTMENT's Grant Manaaer
Rita Ventry
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(l),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for noncompliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required and
continues to accrue until the date the refund and interest are paid to the
DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(l)
of the RULE. Land under control other than by ownership of the GRANTEE,
such as by lease, shall be dedicated as an outdoor recreation area for the use
DEP Agreement No. F7159, Page 6 of 10
DEP 55-231 (01/06)
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the RULE shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE
a notice in writing and a reasonable time to comply. If the deficiency is not
corrected within the time specified in the notice, the DEPARTMENT shall
terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph
29, if appropriate.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP grant funds for the purpose of lobbying the legislature, the
judicial branch, or a state agency.
37. A. No person on the grounds of race, creed, color, national origin, age, sex,
marital status 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 PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list which may be
DEP Agreement No. F7159, Page 7 of 10
DEP 55-231 (01/06)
0 0
found at hftp://dms.m)dlorida.com/dms/purchasinci/convicted suspended
discriminato[y complaints vendor lists. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of
Management Services, Office of Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts issued as a result of
this Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
DEP Agreement No. F7159, Page 8 of 10
DEP 55-231 (01/06)
0 0
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the prior written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, in the form of an Amendment duly executed by each of the parties
hereto, and attached to the original of this PROJECT AGREEMENT.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7159, Page 9 of 10
DEP 55-231 (01/06)
• •,
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written above.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
By:
Division Dir c or or si e)
Division of , creati and Parks
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
V'_'J�
DEP rant Manager
Approved as to Form and Legality:
This form has been pre -approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 25, 2006 for use for one year.
CITY OF TAMARAC
By' Sbr ��M
Print d Name: M; �`.�►� 1 C..
Title: �]-ceL('k_v C'c_V"
u
9-L 1--0C---,
Date
Address:
7525 Northwest 88th Avenue
Tamarac, FL 33321
Gra ee Attorney
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment 1 Special Audit Re uirements 5 Pages)
DEP Agreement No. F7159, Page 10 of 10
DEP 55-231 (01/06)
0 0
ATTACHMENT I
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may he referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contractlagreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contractlagreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environinental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient fin-ther
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General,
Fill of 11 N V
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A- 13 3, as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part
In connection with the audit requirements addressed in Part 1, paragraph L, the recipient shall ftilfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e,, the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the intemet at b=:H12.46.245.173/cfda/cfda.htn-d,
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.F7159, Attachment 1, Page 1 of 5
DEP 55-215 (09/04)
PART 11: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project -specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass -through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the recipient expends less than $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
http://www.myflorida.com/]uyflorida/govemment/contacta/oDbOffice.html for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
httv://www.leg.state.fl-us/, Governor's Website http://www.Myflorida.com/, Department of Financial
Services' Website h"://www.dbf state.fl.us/ and the Auditor General's Website
hqp://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrangefor audits of Statefinancial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrangeforfunding thefull cost ofsuch additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directl to each of the following:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7159, Attachment 1, Page 2 of 5
DEP 55-215 (09/04)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Copies of financial reporting packages required by PART 11 of this Agreement shall be submitted by or on
behalf of the recipient directl to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I I West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directl to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F7159, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RIECORD RIETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Envirom-nental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F7159, Attachment 1, Page 4 of 5
DEP 55-215 (09/04)
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