HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-021Temp. Reso # 10627 — February 9, 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
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
LAND AND WATER CONSERVATION FUNDS FOR THE
RENOVATION AND EXPANSION OF THE TAMARAC SPORTS
COMPLEX IN THE AMOUNT OF $200,000 PROVIDING FOR A
MATCH OF $200,000 IN THE EVENT OF APPROVAL OF THE
APPLICATION; PROVIDING FOR ACCEPTANCE OF THE
AWARD AND EXECUTING 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 federal
Land and Water Conservation Fund Program, 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 FY2005 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 # 10627 — February 9, 2005
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WHEREAS, City's Strategic Plan, Tamarac 2003: A Strategic Focus for the Ci v of
Tamarac specifies the development of additional facilities on the Lennar property nor h of
the Tamarac Sports Complex; and
WHEREAS, the City is willing to match the 2005 Land and Water Conservation Fund
Grant Program request of $200,000 with City funds in the amount of $200,000 in the
of approval; and
WHEREAS, it is a requirement of the grant program that this Resolution be ad�pted
and become an official part of the application; and
WHEREAS, the Assistant City Manager and the Director of Parks and Recreatiion
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 the
Department of Environmental Protection for Land and Water Conservation funds for:e
renovation and 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 confir�ed 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 Land and
Water Conservation Fund Grant Program application for $200,000 to the riorida
Department of Environmental Protection providing for an equal City match of $200�000 in
the event of approval of the application. A copy of said application is attached he
Exhibit A.
as
H
E
I
Temp. Reso # 10627 — February 9, 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: All resolutions or parts of resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 5: 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 6: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this 23rd day of February, 2005.
ATTES
� If
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL SIXF
CITY ATTORN
JOE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE -
MAYOR SCHREIBER
DIST 1 - COMM. PORTNER
DIST 2. COMM. FLANSBAUM-TALABISC
DIST 3- V/M SULTANOF
DIST 4: COMM. ROBERTS
Exhibit A
T (2- 16) L-4- '7
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
2004-2005 GRANT APPLICATION PACKET
INTRODUCTION
The Land and Water Conservation Fund Program (LWCF) provides grants to local governmental entities to
acquire or develop land for public outdoor recreational purposes. The program is administered by the Florida
Department of Environmental Protection (DEP), Division of Recreation and Parks on behalf of the U.S.
Department of the Interior, National Park Service (NPS). Grant applications are evaluated according to policies
and procedures described in Chapter 62D-5, Part VII, Florida Administrative Code (F.A.C.). This is commonly
known as the LWCF Rule. All applicants should be familiar with these policies and procedures, This packet is
designed to assist all applicants in presenting the necessary information needed for DEP to evaluate proposed
grant applications.
GENERAL APPLICATION INFORMATION
Please submit the application in a SOFT COVER 3 prong binder (please, no HARD 3-ring binders). To facilitate the
)plic
review and scoring process, tab all support documents or attachments according to Part III of this application, W]e
appreciate your cooeeration.
A request for financial assistance must be for acquisition or development of land for public outdoor recreational
purposes. An acquisition project approved for funding must be acquired within one (1) year of the effective date
of the project agreement and must be developed for public use within three (3) years of completion of acquisition.
An approved acquisition project, will require a self contained narrative appraisal(s), title search, and, if applicable,
a mean or ordinary high water survey prior to project commencement. The appraisal(s) will be reviewed by a fee
appraiser under contract with DEP's Division of State Lands, Payment of appraisal review fees will be the
responsibility of the grantee and will be made by the grantee immediately upon and pursuant to direction of the
Bureau of Design and Recreation Services. These expenses are not eligible for reimbursement under the LWCF
program. If the proposed project is approved at the state level, and the property must be acquired prior to NPS
approval, a waiver of retroactivity must be obtained from DEP to ensure eligibility of the project. Granting of a
waiver does not imply funding will be granted.
A development proposal should consist of the complete or partial development of the project site, The grantee
shall have up to three (3) years from the effective date of the project agreement to complete the project. A
development project, when completed, must be a useable recreation area. A development application may
consist of one improvement or a group of related improvements designed to provide primary facilities for outdoor
recreation. Secondary or support facilities and improvements for access, safety and protection of the project
visitors are viable project components but should not dominate the proposed project. Primary facility costs must
be equal to or greater than fifty percent of the total project cost. Support facilities alone do not constitute an
eligible project, except projects which provide or improve beach access. Eligible facilities are described in the
LWCF Rule.
Applicants receiving LWCF funds will be required to have a LWCF Grants -in -Aid Manual. This will be provided by
DEP on CD Rom. This manual also may be downloaded from our website http://www.dep.state.fl.gAtparks/bdrs.
The applicant must take steps to assure that small and minority owned businesses are utilized when possible.
Contracts between the grantee and contractors must allow DEP auditors access to records relating to the grant
project.
Maximum Grant Funds an Applicant may Request for FY 2004-2005: $200,000
The matching ratio Is one applicant dollar to one program dollar for all LWCF grant awards (50% / SO%).
Please refer to Chapter 62D-5.070 (6), F.A.C. for complete information on match requirements and match types.
FPS - A047
EVALUATION PROCESS
Following DEP staff review of the applications, DEP will notify applicants of any deficiencies. Missing or
incomplete documentation will usually constitute a deficiency. Applicants must submit requested deficiency
information within fifteen (15) working days from date of deficiency notification. After the deficiency period, D
ranks all eligible applications in accordance with the evaluation criteria set forth in the LWCF Rule. ANY
APPLICATIONS SUBMITTED WITHOUT EXHIBITS BEING TABBED, WILL BE SENT BACK TO THE
APPLICANT AS DEFICIENT, AND ASKED TO BE TABBED.
APPLICATION SUBMISSION INFORMATION
Applicants must submit proposals for LWCF grants on application form FPS-A047. DEP evaluates applications
the basis of the information provided by the applicants, except where such data is superseded by official DEP
information. Failure by an applicant to present all required application information and documentation may rest
in the application being declared ineligible for funding consideration. Failure by an applicant to provide accurat
information and documentation relating to the evaluation criteria for the proposed project set forth in the LWCF
Rule may result in a loss of points for the applicant's competitive score.
Applicants must submit FOUR copies (I original and 3 copies) of the completed application and all supporting
documents during the announced submission period of February 1, 2005 through March 1, 2005. Applications
must be postmarked NO LATER THAN March 1. , and submitted to:
DEPARTMENT OF ENVIRONMENTAL PROTECTION
'DIVISION OF RECREATION AND PARKS
OFFICE OF INFORMATION AND RECREATION SERVICES
3900 COMMONWEALTH BOULEVARD, MAIL STATION 585
TALLAHASSEE, FLORIDA 32399-3000
If questions arise while preparing the application, please contact the Office of Information and Recreation
at (850) 245-2501 or Suncom 205-2501.
on
If you plan to prepare this document by retyping r
downloading it to. your computer, the language a d
I
format used must exactly match this applications ou
may request an electronic application by emallin
Mahogany. R.Simmons@dep.state.fl_.us
IIn accordance with the LWCF Act, available program funds for fiscal year 2004-2005 are contingent upon an nual
lar)DrODriation to each State bv Conqress. In
FPS - A047
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND
(DEP USE ONLY)
RECEIVED:
POSTMARKED:
APPL. NO.:
PART I - GENERAL INFORMATION
A. APPLICANT INFORMATION
1 . Name of Applicant: City of Tamarac
2. Federal Employer Identification Number: 59-1039552
3. DUNS Number:
(Dunn and Bradstreet Data Universal Numbering System)
4. Population: 57,726 5. Current Operating budget: $86,622,700
(This is the operating budget for the city, county or other legally constituted governmental entity, notjust
the department budget.)
6. Contact Person: Diane Phillil2s or Michael Gresek Title: Asst. Ci1y Manager / Spec Proiects Coord
The contact person should be someone who will be in direct contact with DEP and is responsible for
administering the grant if awarded.
Address: Street/PO Box: 7525 NW 88th Avenue
City/State: Tamarac, Florida Zip Code: 33321
Telephone: L954
J724-12301 718-3051 FAX: 954-724-1299 E-mail: dianel2@tamarac.orq I
michael-qr(cDtamarac.org
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. (Attach a letter from the City or
County Manager or a resolution giving authorization to apply for this grant.)
Signature of Authorized Representative Date
zlob 011101161;1,11-1 ilrelk,
1. Name of Project: Tamarac SI)orts Complex Expansion Pro'ect Phase One
2. Acreage of Project: 35.76 acres
3. a. Project Type (Check One): Project cannot be a combination of acquisition and development
Acquisition:
Development: X On land owned by applicant
On land leased to applicant by another public agency
Date lease expires:
Development projects must be under site control (owned by deed or leased from another public agency
for a minimum of 25 years from application and renewable in perpetuity) by the close of the submission
period, March 1, 2005. School board property is ineligible. Include a copy of the site control documents (e.g.,
deed, lease, etc.) and a completed Attorney's Certification of Title on page 4 of this application.
(Please Tab as Exhibit "L"
FPS - A047
(Development Projects Only)
Include in Exhibit L with Deed or Lease
ATTORNEYS CERTIFICATION OF TITLE
OFFICE OF THE (City or Count ATTORNEY
(Address)
K11
TO WHOM IT MAY CONCERN:
1, , am the Attorney for the (City or County), Florid . I
hereby state that I have examined a copy of a (deed, lease, management
agreement,_etc.) from to the (City or County) de ted
conveying (type of interest, ie.
Fee simple, easement, 25 year lease, etc.) in the following described propertV-.
(Legal Description of Property)
I have also examined a document showing that this property is listed on the
rolls as belonging to the (City or County). Finally, I have also examined s
documents and records as necessary for this certification.
This property is what is now called "LlYame of
L WQF applicationl!
I certify that the (City or County) does in fact
lease, etc.) this property for
Very truly yours,
(Name)
(City or County) Attorney
years.
in
.(own,
FPS - A047 4
4. Project Location: Street Address:
City County Zip Code:
If the project is not located in a city, list the city nearest to the project site.
5. GIS Coordinates: Longitude Latitude:
6. Legislative Districts in which the Project Site is located: These should be the districts in which the
proposed project site is located. If you are not sure of the districts, contact your local office of the
Supervisor of Elections.
State Senator Senate District Number
State Representative House District Number
7. Congressional District in which the project is located:
U.S. Congressman Congressional District Number
8. Briefly describe the physical characteristics of the project site. Include:
Land Resources
0 Water Resources
0 Vegetation, Fish and Wildlife
a Historical/Archaeological Resources
0 Previous Land Usage
0 Transportation Access
* Other Pertinent Information.
FPS - A047 5
C. FINANCIAL INFORMATION
Total Project Cost (Line F) must equal the grant request (Line A) plus the total local funds a
(Line E). This figure (Line F) should not total more than $400,000 for the purpose of this applici
1. LWCF Funds Requested:
2. Local Funds Available:
a. Cash:
b. In -Kind
c. Land Value
Line A $ 200,000
LineB $____200_Q00____
Line C $
Line D $
(Only the value of donated real property is eligible as match and applicant must Not have
taken title yet unless a waiver of retroactivity has been granted by DEP)
Total Local Funds Available
3. Total Cost of Proposed Project
Line E 200,000
Sum of lines B, C, and D
Line F $ 400,000
Sum of lines A and E
4. Project Cost Estimate (COMPLETE ONLY FOR DEVELOPMENT PROJECTS): The project
estimate break down is on the following page of this application. If donated land value Is used as mah
should be included under primary cost. Primary costs include all recreation facilities and opportun
Primary cost must be equal to or greater than fifty percent of the total cost. Attach a separate sheet if nee
Remember to include each element In your conceptual site plan. Submit a conceptual site �
displaying the areas and facilities to be developed as proposed on page 6 of this application. The
plan must correlate with the project boundary map and cost estimate. The site plan must CLEA
DELINEATE between facilitieslopportunities currently existing, facilities proposed for funding (paj
in this application and facilities planned for future development. Please color code your site pla
indicate facilities that are existing, proposed for funding and planned for future development (ng
this project.) (Please Tab As Exhibit "H")
it
?LY
D 6)
I to
t in
FPS - A047 6
PRIMARY RECREATION AREAS AND FACILITIES: Including, but not limited to, beach access, picnic
facilities, fishing piers, ballfields, tennis courts, bicycle trails, etc. Costs of planning and site preparation
should be included within the cost of each element.
Quantity
Description
Estimated Cost
N
E
W
R
E
N
0
V
A
T
I
0
N
S
TOW Primary
SUPPORT FACILITIES AND IMPROVEMENTS: Parking, restrooms, landscaping, security lighting, and such
other costs should be included under support costs. Costs of planning and site preparation should be included
within the cost of each element. Amenities such as benches, trash cans, utilities, water fountains, or bike racks will
receive no points when being scored.
Quantity
Description
Estimated Cost
N
E
W
R
E
N
0
V
A
T
I
0
N
S
L— 1.
Total Support
TOTAL COST OF PROPOSED PROJECT $
FPS - A047
PART If — EVALUATION CRITERIA
A. GENERAL CRITERIA
1. CAPITAL IMPROVEMENT PLAN
A. Is the proposed project identified, in whole or in part, in the applicant's capital improvement
plan or schedule during the current or next three (3) fiscal years? i
Please provide: 1) a copy of the five-year capital improvement schedule included in th,�
applicant's adopted Local Comprehensive Plan, stating project by name, amount and year
and 2) a letter from the City or County Manager certifying the t7ve year capital
Improvement schedule Is officially adopted. County or City budgets are not the sarne as
capital improvement schedules and are not acceptable. Please highlight project namle,
amount and year. (20 points
Yes No
Jr9T;7a
B. Is the proposed identified as part of the plan through an adopted resolution committing, he
applicant to amend their capital improvement plan or schedule and complete the projec
should it receive program funds?
Please provide a copy of a fully executed resolution amending the existing schedule to
include the proposed project. The resolution must clearly indicate the proposed project by
name, amount, and year. (10 points)
Yes No
(Please tab as Exhibit "A")
2. STATE COMPREHENSIVE OUTDOOR RECREATION PLAN
A. Explain how the proposed project would address one or more of the issues or goals ident
the State Comprehensive Outdoor Recreation Plan. Use the OUTDOOR RECREATION
FLORIDA - 2000 (Chapter 6). Provide quotations or other appropriate references w
explanations to justify the correlation.
(Please tab as Exhibit "B") (4 points)
in
FPS - A047
I V
I -01A
�,CLZ-
B. 2005 RELATIVE NEED INDE)(BYREGION
9000
Locate the applicant's region and circle each priority V
VI
resource/facility need as proposed in the project cost on page 6 of
this application which is included in the applicant's planning
region: (7 points)
I Bicycle Riding * Hiking * Nature Study Outdoor
Swimming Pool Use * Shuffleboard VID
VII RM;
W- 7,F
11 Bicycle Riding
III Saltwater Beach Activities Saltwater Fishing (No Boat)
x
IV Bicycle Riding * Saltwater Fishing (No Boat) * Freshwater Beach
Activities
V Freshwater Beach Activities * Saltwater Beach Activities * Bicycle Riding Ix
VI Saltwater Beach Activities * Bicycle Riding
Saltwater Fishing (No Boat) * Hiking * Outdoor Swimming Pool Use
X1
-------VII Bicycle Riding * Freshwater Fishing (No Boat)
Vill 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
3. PUBLIC PARTICIPATION
FPS - A047 9
Public Participation — Indicate which of the following apply (To receive points for this section I any
meetings, presentations, or surveys must be held in the current year or within the previous 3 yea of
application. (Check ALL that apply):
A. An advertised public meeting was held solely for the purpose of discussing the
proposed project. Attach a copy of proof of publication for the advertisenlent.
Describe where posted or advertised if not in newspaper. Meeting must be foo the
SOLE PURPOSE of discussing the project proposed in the application. The
advertisement should indicate that the purpose of the meeting is to discuss a LIIVCF
grant for this project site. (Please tab as Exhibit"C-11") (10points)
B. The project was discussed at a regularly scheduled meeting of the applicant's adviolon
board responsible for park, recreation and leisure service activities. Provide a cop �of
4
s
;cuss
the minutes of the advisory board meeting(s) where this project was di 'ad. e
board must be an appointed group of citizens, such as a parks and recreation advi 60
board, who would normally review projects similar to the proposed grant applicati
Discussion must take place at a regularly scheduled meeting. Planning and zonin !or
similar boards may be used if a parks and recreation advisory board does not exist.
CITY OR COUNTY COMMISSIONS ARE NOT CONSIDERED ADVISORY BOAR S.
(Please tab as Exhibit "C-2") (7 points)
C. Public input on the proposed project was obtained through presentations to commu
organizations, neighborhood associations and/or a written opinion survey. Provide
documentation (minute or thank -you letter from an organization, etc.) showing thal
presentations regarding this project were made to community organizations or gro
OR provide a copy of the survey instrument AND a summary of the results and exp
how the results relate to the proposed project, Letters of support are not
acceptable to receive points. (Please tab as Exhibit "C-3") (4 points
4. LINEAR PARK
The proposed project is for linear park purposes. A Linear Park is defined as an active or passive
outdoor recreation area of linear design that provides or connects recreation, park land or open sp
areas.
Yes No
S. PRESERVATION PURPOSES
(13
The proposed project is also for preservation purposes (e.g. historical, archaeological, cultural etc.). hh
question addresses preservation of historic, archaeological andlor cultural sites. Contact the Depa�t e . n
of State at(850) 245-6333 if this applies to the proposed project, A letter from the Department of Sta is
required to verify a "yes" response to this question. (Please tab as Exhibit "D') (7 points)
Yes No
6. OPERATION AND MAINTENANCE
Capability to develop, operate and maintain the project site, Provide a brief description of how develo
programming and maintenance will be provided and an agency organizational chart: (Please check ONLY
The applicant has a full-time recreation or park department staffed to provide facil
development, programming and maintenance.
(Please tab as Exhibit "E") (8 poi
The applicant has demonstrated the existence of a full-time ability to provide
facility development, programming and maintenance.
(Please tab as Exhibit "E") (4
FPS - A047 10
B. DEVELOPMENT CRITERIA (COMPLETE ONLY FOR DEVELOPMENT PROJECTS)
1. NEW DEVELOPMENT
List the existing facilities/improvements on the project site. Include improvements such as
baseball fields, basketball courts, trails, boat ramps, etc. (Bullet lists are encouraged, If
undeveloped, state none). (5 points, If undeveloped)
2. NEW FACILITIES OR OPPORTUNITIES (Please check 9"1 one)
The project provides for new development of
3 or more facilities or opportunities (115 points)
2 facilities or opportunities (10 points)
I facility or opportunity . (5 points)
3. RENOVATION OF EXISTING FACILITIES (Please check only one)
The project provides renovation for:
3 or more facilities (13 points)
2 facilities (9 points)
I facility (4 points)
4. SUPPORT FACILITIES
The project provides new or renovated support facilities (i.e. parking, restrooms, utilities),
(15 points)
Yes No
5. ACCESS TO WATER RESOURCES
The project provides developed pedestrian access to or along water resources (i.e. trails,
boardwalks, dune walkovers, etc.) (7 points)
Yes No
6. USE OF WATER RESOURCES
The project provides facilities for recreational use of water resources (boat ramps, swimming
docks, fishing piers, etc.). (112 points)
Yes No
FPS - A047
7. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK
DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA
A. List the facilities provided by the project which are identified in the priority ranked index
clusters of outdoor facilities needs for renovation and/or new construction identified witi
the applicant's population density as set forth in the Department's study. The study enl
"Infrastructure Assessment of Local Govemment Recreation and Park Departmei
Facility Needs in the State of Florida" has an effective date of December 1995. (See
attached pages 15-19 for Priority Ranked Index Clusters. (12 points
B. The proposed project, in whole or in part, addresses the highest priority of infrastructun
funding needs for the applicant's population density as set forth in the study titled
"Infrastructure Assessment of Local Government Recreation and Park Departmei
Facility Needs in the State of Florida" has an effective date of December 1995. Use
table below to determine in which priority funding need ranking the project falls. (Chec)
ONL Y one):
Highest Prilority Funding Need
-Second Highest Prlodty Funding Need
(113 points
(8 points)
Population"Densit y Popwation Under '10,000
Funding
R ank
Construction
87.7
2
Renovation
84.0
Popullation,0ensky 2.�- !,9,000 td,:24��.
#jnk
FundIng
n ex
I d
Renovation
86.9
2
Construction
79.8
!,'�.�5110o Wation
Populladon Density 25,000 �q,,-49,999
4.
Rank'"?
:In, �Gx
I
Construction
88.8
2
Renovation
76.7
Population 0,!1%,,4 Popullatl 101,000. to 99,
R.ank
Ind'
ex
Construction
93.8
2
Renovation
91.8
5. .000 and Over
Popullatlion. bq0ty 10 111001400i�;W1,0%
J 5111
1 F ork ng.-z N:
in d6x
1 Renovation W14
2 Construction 82.2
Source: The 1995 Infrastructure Assessment of Local Government Recreation and Park Department Facility
Needs in the State of Florida
FPS - A047 12
C. ACQUISITION CRITERIA (COMPLETE ONLY FOR ACQUISITION PROJECTS)
1. FLORIDA NATURAL AREAS INVENTORY
The project provides protection of any resources in the Florida Natural Areas Inventory. List the
protected resources below and provide a letter from the Florida Natural Areas Inventory (FNAI). (850)
224-8207
(Please Tab as Exhibit "F") (13 points)
Yes No
2. WATER FRONTAGE
The project provides frontage on wetlands or water bodies such as rivers, lakes or oceans.
Yes . No (6 points)
3. INFRASTRUCTURE ASSESSMENT OF LOCAL GOVERNMENT RECREATION AND PARK
DEPARTMENT FACILITY NEEDS IN THE STATE OF FLORIDA
List all the facilities that will be developed for this project, Only facilities identified in the top three priority
ranked index clusters of outdoor facilities needs for new construction identified within the applicant's
population density as set forth in the Department's study entitled "Infrastructure Assessment of Local
Government Recreation and Park Department Facility Needs in the State of Florida", effective December
1995, will receive these points. (Priority ranked index clusters are attached as pages (16-20).
(IS points)
4. NEEDED RECREATIONAL ACREAGE: (Provide excerpts from your local comprehensive plan. Include
data on current park acreage, standards and identified needs.)
A. Describe how the project provides for identified need(s) for additional park acreage pursuant to the
applicant's adopted local comprehensive plan. Provide the needed amount of acreage as listed in the
local comprehensive plan and the total acreage the local government already has under its control.
For Example: Needed acres/Person and Total Acreage Under Local Control
Provide a copy of the applicant's local comprehensive plan as supporting back-up documentation and
highlight the information that pertains to this section. (Please tab as Exhibit "G") (15 points)
B. Describe how the project provides for needed distribution of park acreage pursuant to the applicant's
adopted local comprehensive plan. (8 points)
5. CAPITAL IMPROVEMENT PLAN
FPS - A047 13
A. Is the proposed develORment of the property identified in the applicant's capital improvement plE
(CIP) or schedule during the current or next three (3) fiscal years?
Please provide: 1) a copy of the five-year capital improvement schedule included in the applican
adopted Local Comprehensive Plan, stating the project by name, amount and year and 2) a lette
from the City or County Manager certifying the five year capital Improvement schedule is
officially adopted. County or City budgets are not the same as a capital improvement schedule
not acceptable. Please highlight project name, amount and year.
Yes No (6 points)
.—OR...
B. Is the proposed developmen 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
receive program funds.
Please provide a copy of a fully executed resolution amending the existing schedule to include ff
development of the proposed project. The resolution must clearly indicate the development of th
proposed project by name, year, and amount
Yes No (3 points)
(Please tab as Exhibit "A")
re
FPS - A047 14
WORKSHOP ANNOUNCEMENT
Florida Communities Trust to Host
Florida Forever Application Workshops
Tallahassee Department of Community Affairs Tuesday, February 22
Sadowski Building, Kelley Training Center,
Rm. 305 9:00 am - 1:00 pm
2555 Shumard Oak Boulevard (EST)
Tallahassee, Florida 32399-2100
Directions: 850-922-2207
Jacksonville Northeast Florida Regional Planning Council Thursday, February
6850 Belfort Oaks Place 24
Jacksonville, Florida 32216
Directions: 904-279-0880 9:00 am - 1:00 pm
St. Petersburg Tampa Bay Regional Planning Council Tuesday, March 1
4000 Gateway Centre Boulevard, Suite 100
Pinellas Park, Florida 33782 9:00 am - 1:00 pm
Directions: 727-570-5151 (EST)
South Florida Regional Planning Council Wednesday, March 2
Hollywood 3440 Hollywood Boulevard, Suite 140
Hollywood, Florida 33021 9:00 am - 1:00 pm
Directions: 954-985-4416 (EST)
Orlando East Central Florida Regional Planning Thursday, March 3
Council
631 North Wymore Road, Suite 100 9:00 am - 1:00 pm
Maitland, Florida 32751 (EST)
Directions: 407-623-1075
171
12-00536
(LWCF Project Number)
� LW536
DEP Contract Number
CFDA Number: 15.916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FY 2005 - 2006
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter called the
"Department"), and the CITY OF TAMARAC, whose address is 7525 NW 88th
Avenue -, Tamarac, Florida, 33321 (hereinafter called the "Grantee"), a local
government, in furtherance of the Tamarac Sports Complex Expansion Projec project,
an approved outdoor recreation project.
WHEREAS, the Department receives funds for the purpose of passing through
the agency as grants to other entities in accordance with Section 375.021(4), Florida
Statutes; and,
WHEREAS, Chapter 375, Florida Statutes, further authorizes the Department to
receive grants for outdoor recreation and conservation; and,
WHEREAS, the Grantee has submitted Project Application number 56, which
has been approved by the Department.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Department and Grantee do hereby agree as follows:
This Project Agreement shall be effective upon execution of this Project
Agreement and end no later than three (3) years from the date of Agreement
execution, inclusive. The Project Agreement shall be performed in accordance
with Chapter 62D-5, Part VII, Florida Administrative Code, effective July 15, 2001
(hereinafter called the Rule); the Land and Water Conservation Fund (LWCF) Act
of 1965, Public Law 88-578, 78 Stat 897, as amended, (hereinafter called the
Program); and with general provisions for such agreements prescribed by the
United States Department of the Interior (hereinafter called the USDOI) in the
LWCF Grants -in -Aid Manual, (hereinafter called the Manual) including the CFRs
referenced below. The Manual refers to the code of federal regulations (CFRs)
applicable to this Agreement. The following table identifies several of the key
CFRs addressed in the Manual, but does not limit the Grantee to compliance with
only the CFRs identified in the table.
DEP Agreement No. LW536, Page 1 of 204DEP 55-239 (09/05)
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CFR Cite
Title
36 CFR 59
Land and Water Conservation Fund Program A�sistance to States; Post -
Completion Compliance Responsibilities
36 CFR 800.8
Coordination With the National Environmental P21icy
Act
43 CFR 12
Administrative and Audit Requirements and Cosf Principles for Assistance
Programs
43 CFR 17
Nondiscrimination in Federally Assisted Programs of the Department of
Interior
The Grantee agrees to become familiar with all provisions and comply with the
Rule and Manual, including the above -stated provisions of the CFR, which are
incorporated into this Project Agreement by reference, as if fully set forth herein.
In the event a dispute should arise between the parties concerning the intent of
any language herein contained, the same shall be resolved by the adoption of
that meaning which furthers the intent and purpose of the LWCF Act of 1965 and
the general provisions governing this Project Agreement as set forth in the
Manual. No construction shall be contrary to the requirements of any Act of
Congress or of the regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is the primary purpose
of the project known as Tamarac Sports Complex Expansion Project (Land and
Water Conservation Fund, LWCF Project Number 12-0053 6), 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 Land and Water Conservation
Fund Program Approved Project Documentation Form, DEP Form FPS-A048.
The approved Project Application, which includes the Project Elements
(description of project, detailed budget, and anticipated deliverables), is
incorporated into this Project Agreement by reference as if fully set forth herein.
The "approved Project Application" includes only those Project Elements
approved by the Department and does not include proposed elements not
approved by the Department. Any revisions to the Project Elements as set forth
in the approved Project Application must be formally requested by the Grantee
and, if agreed upon by the Department, the modifications will be reduced to
writing in an amendment to this Agreement.
3. The Grantee shall construct, or cause to be constructed, specified public outdoor
recreation facilities and improvements consisting of the following Project
Elements: picnic facilities, multiDurDose trail. fishina oier. and renovation of
baseball field, soccer field. roller hockev rink. oarkina and other related
supaort facilities.
4. The Project Elements identified in Paragraph 3 herein shall be designed and
constructed substantially in accordance with the conceptual site development
plan contained in the Project Application. Project Site facilities shall be attractive
for public use, and generally consistent and compatible with the environment.
Plans and specifications for Project Site improvements and facilities shall be in
accord with current and established engineering and architectural standards and
DEP Agreement No. LW536, Page 2 of 204DEP 55-239 (09/05)
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practices. Emphasis should be given to the health aid safety of users,
accessibility to the general public, and the protection of the recreational and
natural values of the area. This site development plan may be altered by the
Grantee, only after written approval by the Department. Any and all utility lines
installed within the park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and architectural) prepared by a
registered architect or engineer licensed in accordance with the laws of the State
of Florida.
5. A. The Department shall pay the Grantee on a reimbursement basis the
eligible Grant amount not to exceed $200,000.00, which will pay said
federal Program's share of the cost of the Project. Program funding limits
are based upon the following:
Total Department (federal) Program Amount $200,000.00
Grantee Match Amount $200,000.00
Total Project Cost $400,000.00
Type of Match (Cash and/or In -kind Services)
B. Within sixty (60) days after receipt of the 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 Land and Water Conservation Fund
Program Required Project Completion Documentation Form, DEP Form
FPS-A051, referenced in s. 62D-5.073(7)(e)2, F.A.C., the Department will
approve the request for payment.
6. In addition to the invoicing requirements contained in paragraph 5 above, the
Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant
to State and Federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within 30
calendar days 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). All bills for amounts
due under this Agreement shall be submitted in detail sufficient for a proper pre -
audit and post -audit thereof. State guidelines for allowable costs can be found in
the Florida Department of Financial Service's Reference Guide for State
Expenditures at www.dbf.state.fl.us/aadir/reference guide and allowable costs for
federal programs can be found under 48 CFR Part 31 at
ht!E://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB Circulars A-87, A-
122, A-21, at http://www.whitehouse.gov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this Project
Agreement.
DEP Agreement No. LW536, Page 3 of 204DEP 55-239 (09/05)
8. The Grantee agrees to comply with the Division of Recreation and Parks' Grant
and Contract Accountability Procedure, hereinafter called the Procedure and
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 procurement requirements specified in 43 CFR
12.76. Expenses representing the Project costs, including the required matching
contribution, shall be reported to the Department and summarized on certification
forms provided in the Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed under 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 salaries/wages. Indirect costs that exceed 15% must be
approved in advance in writing by the Department to be considered eligible
Project expenses.
10. Project funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.069(31) of the Rule) incurred by Grantee prior to execution of
this Project Agreement as set forth in s,62D-5.073(2) 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 the
following expenditures which meet the requirements of the foregoing sections of
the Rule.
Preagreement Costs Approved:
Description of Work Performed
Amount Approved
None
0
Total PreaqLtement Costs Approved:
0
11. A. Prior to commencement of Project development, the Grantee shall submit
the documentation required by the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, DEP
Form FPS-A050, referenced in s. 62D-5.073(7)(e) 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.
B. If Grantee does not have any of the documents incorporated by reference
in this Agreement, Grantee shall obtain them from the Department or other
official source.
DEP Agreement No. LW536, Page 4 of 204DEP 55-239 (09/05)
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12. The Grantee shall obtain all required local, state and federal permits and
approvals prior to commencement of Project construction aid shall certify that it
has done so to the Department by completing the Land and Water Conservation
Program Project Permitting Certification, DEP Form FPS-A052, referenced in s.
62D-5.073(7)(e)(1) of the Rule.
13. The Grantee shall complete all Project construction by the completion date
established in paragraph 1, above.
14. Project completion means the Project is open and available for use by the public.
The Project must be completed prior to release of final reimbursement.
15. A. The Grantee shall maintain books, records and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each
subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before
the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
C. Records for equipment acquired with federal funds shall be retained for
five years following final disposition.
16. In addition to the provisions contained in Paragraph 15 above, the Grantee shall
comply with the applicable provisions contained in Attachment A, Special Audit
Requirements, attached hereto and made a part hereof. A revised copy of
Attachment A, 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 A. If
the Grantee fails to receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at 850/245-2501 to request
a copy of the updated information.
17. 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 any reimbursement due the
Department,
DEP Agreement No. LW536, Page 5 of 204DEP 55-239 (09/05)
18. 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.
19. To the extent required by law, the Grantee will be self -insured against, or will
secure and maintain during the life of this Agreement, Workers' Compensation
Insurance for all,of its employees connected with the work of this Project and, in
case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter'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 Florida
Workers' Compensation law, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for
the protection of those employees not otherwise protected.
20. The purchase of non -expendable equipment is not authorized under the terms of
this Agreement.
21. The Department's Grant Manager for the purpose of this Project Agreement, or
successor, shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
Grantee's Liaison Agent (also known as Grantee's Grant Manager), as identified
in the Project Application, or successor, shall act on behalf of the Grantee
relative to the provisions of this Project Agreement. The Grantee's Liaison
Agent, shall submit to the Department signed Project status reports every ninety
(90) days 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. Any and all notices shall be
deemed effective and sufficient if sent via U.S. mail, facsimile (fax), electronic
mail, or by hand -delivery to the parties at the following addresses:
Grantee's Liaison Agent
Name:
Ms. Diane Phillips, Assistant City
Manager
Entity:
City of Tamarac
Address:
7525 NW 88th Avenue
City, State, Zip:
Tamarac, FL 33321
Phone:
954/724-1230
SunCom Phone:
Fax:
954/724-1299
SunCom Fax:
Email:
dianep@tamarac.org/
DEP Agreement No. LW536, Page 6 of 204DEP 55-239 (09/05)
E
Department's Grant Manager
Name:
Collier Clark, or successor
Entity:
Florida Department of Environmental
Protection
Address:
3900 Commonwealth Boulevar4, MS585
City, State, Zip:
Tallahassee, Florida 32399-3000
Phone:
(850) 245-2501
SunCom Phone:
205-2501
Fax:
(850) 245-3038
SunCom Fax:
205-3038
Email:
collier.clark@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a permanent information
sign on the Project site which credits Project funding or a portion thereof, from
the Land and Water Conservation Fund Program through the USDOI and the
Department.
23, The Department and USDOI have the right to inspect the Project and any and all
records related thereto at any reasonable time.
24. This 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 Agreement,
unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(l), Florida Statutes.
25. 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 LWCF funds provided to the Grantee
for non-compliance 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 be calculated and determined pursuant
to Section 55.03(l) of the Florida Statutes. Interest shall be calculated from the
date(s) of payment(s) to the Grantee by the Department to the date repayment is
made by Grantee. After closing of the Project, the Grantee may not repay the
funds but shall go through the conversion process described by the Manual and
the Rule.
26. If the United States, acting through the USDOI, the Secretary of the Interior, or
any other branch of the government of the United States, acting within the scope
of its lawful authority, should for any reason demand a refund from the
Department, in whole or in part, of the funds provided to the Grantee under the
terms of this Project Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith repay directly to the
Department the amount of money demanded.
27. The Grantee shall comply with all federal, state and local laws, rules, regulations
and ordinances in developing this Project. The Grantee acknowledges that this
DEP Agreement No. LW536, Page 7 of 204DEP 55-239 (09/05)
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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 ensure that the Grantee's contract will include the requirements
of this paragraph in all subcontracts made to perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of'said Project facilities
or improvements shall comply with all applicable laws and the Manual. Following
completion of Project construction, the Grantee's Liaison Agent shall provide the
Department with a statement certifying that all purchases or contracts for
construction were competitively bid pursuant to applicable law and the Manual.
29. If asphalt paving is required for the Project it shall conform to the Florida
Department of Transportation's specifications for road and bridge construction.
Bid specifications, contracts and/or purchase orders of the Grantee must specify
thickness of asphalt and square yards to be paved.
30. By acceptance of the provisions of this Project Agreement, the Grantee does
hereby agree to dedicate the Project Site and all land within the Project
boundaries, identified in Paragraph 2 herein, in perpetuity as an outdoor
recreation site for the use and benefit of the public, as stated in s. 62D-5.074(l)
of the Rule. Execution of this Project Agreement by the Department shall
constitute an acceptance of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has sufficient site control to
enable this dedication. The dedication must be promptly recorded in the county's
official public records by the Grantee and Grantee shall provide a certified copy
to the Department.
31. The Grantee agrees to operate and maintain the Project site as stated in s. 62D-
5.074(2) of the Rule. The Project site, Project -related facilities, and any future
outdoor recreation facilities developed on the Project site shall be open to the
general public for outdoor recreation use, maintained in accordance with
applicable health and safety standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee covenants that it has
full legal authority and financial ability to develop, operate and maintain said
Project -related facilities and improvements as specified within the terms of this
Project Agreement. The Grantee shall obtain Department approval prior to any
and all current or future development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any portion of the park
for any purpose other than public outdoor recreation without prior approval
of the USDOI and the Department pursuant to Section 6(f)(3) of the LWCF
Act, the Manual, and s. 62D-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the terms and conditions of
this 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
DEP Agreement No. LW536, Page 8 of 204DEP 55-239 (09/05)
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reasonable time to comply. If the Grantee does not comply or obtain and
extension of time within the time period stated in the� notice, this Project
Agreement shall be automatically terminated. I
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 applicant a notice in
writing and a reasonable time to comply. If the deficiency cannot be reasonably
corrected within the time specified in the notice, the Department shall cancel this
Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made available
contingent upon an annual appropriation to each State by Congress. The State
of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation of spending authority by the Florida
Legislature. The parties hereto understand that this Agreement is not a
commitment of future appropriations.
37. A. The Grantee certifies that no Federal appropriated funds have been paid
or will be paid by or on behalf of the Grantee, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If
any non -Federal funds are used for lobbying activities as described above,
the Grantee shall submit Attachment B, Form DEP 55-221, effective
January 2001, "Disclosure of Lobbying Activities" (attached hereto and
made a part hereof), and shall file quarterly updates of any material
changes. The Grantee shall require the language of this certification to be
included in all subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is
hereby prohibited from using funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or a state agency.
38. A. No person on the grounds of race, religion, 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
DEP Agreement No. LW536, Page 9 of 204DEP 55-239 (09/05)
construction or repair of a public building or public ork, 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 and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
39. 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 s. 768,28,
Florida Statutes, and other statutes that provide immunity to the Department or
the State.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for 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, or Category Two, for a period of
36 months from the date of being placed on the convicted vendor list.
41. A. In accordance with Executive Order 12549, Debarment and Suspension
(43 CFR Part 12.100-.510), the Grantee shall agree and certify that
neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency-, and,
that the Grantee shall not knowingly enter into any lower tier contract, or
other covered transaction, with a person who is similarly debarred or
suspended from participating in this covered transaction, unless
authorized in writing by USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall
complete, sign and return a gM of the form entitled "Certification
Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a
part hereof as Attachment C.
C. As required by paragraphs A and B above, the Grantee shall include the
language of this section, and Attachment C in all subcontracts or lower
tier agreements executed to support the Grantee's work under this
Agreement.
42. This 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 law, but if any provision of this Project
DEP Agreement No. LW536, Page 10 of 204DEP 55-239 (09/05)
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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.
43. 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.
44. This Project Agreement is not intended nor shall it be construed as granting any
rights, privileges or interest in any third party without mutual written agreement of
the parties hereto.
45. 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.
46. The parties hereto acknowledge and agree that the provisions contained in
paragraphs 15, 23, 30, 31, and 32 shall survive the end date of this Agreement
established in paragraph 1.
47. 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,
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. LW536, Page 11 of 204DEP 55-239 (09/05)
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IN WITNESS WHEREOF, the parties hereto have caused his Agreement to be
duly executed, the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION 7,
By:
Division torV
'isi' I
Division eccreation n',d arks
and State Liaison Officer
(or designee)
Date: '2, -2 -3 — e,,-, �, Z
P-1!51
Address:
Office of Information and Recreation
Services (MS 585)
Division of Recreation and Parks
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
DEP Grant Manager
Approved as to form and legality for
use for one year by Suzanne Brantley,
Assistant General Counsel on 9/9/05.
CITY OF TAMARAC
C.
Printed Name
r-14�1-11
Title e"
Date: v-? — )— \ — CD (;,
FEID No.: /,a 3 �J-5-2--
Address: Xf �:4 lh'l-
rAtee's Attorney
Attachments:
Attachment A Special Audit Requirements (5 pages)
Attachment B Disclosure of Lobbying Activities (2 pages)
Attachment C Certification Regarding Debarments/Suspension, etc. (2 pages)
DEP Agreement No. LW536, Page 12 of 204DEP 55-239 (09/05)
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ATTACHMENT A
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", 7DEP" or "Grantor", or other name in the contractlagreement) to the recipient
(which may he 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.
MONITORrNG
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 Environmental 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 further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
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-] 33, 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 I 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-133, as revised, An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-] 33,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph I., the recipient shall fulfill the
requirements relative to auditce responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
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 $300,000 ($500,000 for fiscal years ending after 12/31/03) 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).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httt):H12.46.245.173/cfda/efda.htmi.
DEP 55-215 (01/04)
DEP Agreement No. LW536, Attachment A, Page I of 120
PARTJI:STATEFUNDED
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, 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 I 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.
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, 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 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
ht!p://www.myflorida.con-1/myflorida/govemment/contacts/opbOffice.litml for assistance, In addition to
the above websites, the following websites may be accessed for information: Legislature's Website
http://www.leg.state.tl.us/, Governor's Website http:Hwww.myflorida.com/, Department of Financial
Services' Website littp://www.dbf.state.fl.us/ and the Auditor General's Website
http://www.state.fl.us/audg-en,
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would he 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 thefill cost ofsuch additional audits)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A- 13 3, as revised, and
required by PART I of this Attachment 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:
DEP 55-215 (01/04)
DFP Agreemeiit No. LW536, Attachment A, Page 2 of 120
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 Attachment 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 40 1, 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 Attachment shall be submitted by or
on behalf of the recipient directly 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 55-215 (01/04)
DEP Agreement No. LWS36, Attachment A, Page 3 ot'l 20
7
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-] 33, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General, as applicable.
6. 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: RECORD RETENTION
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 Environmental
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 55-215 (01/04)
DEP Agreement No. LW536, Attachment A, Page 4 of 120
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Approved by OMB
0348-0046
ATTACHMENT B
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
I. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
F-1
F-1
a. contract
a. b id/o ff'er/app] i cation
a. initialfiling
b. grant
b. initial award
b. material change
c, cooperative agreement
c. post -award
d. loan
For Material Change Only:
e. loan guarantee
f. loan insurance
year-_ quarter
date of last report___
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
El Prime El Subawardee
and Address of Prime:
Tier fknown:
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, �fapplicahle'
8. Federal Action Number, if known:
9. Award Amount, ifknown:
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml):
diff�rentfrom No. I Oa)
(last name, first name, Ml):
(attach Continuation Sheet(s)
SF-LLLA, if necessary)
Signature:
11. Information requested through this form is authorized by title 31 U.S.C.
section 1352. This disclosure of lobbying activities is a material
Print Name,
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is
required pursuant to 31 U.S.C. 1352. This information will be reported to
Title:
Congress semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject to a civil
Telephone No.: Date:
penalty of not less than $10,000 and not more than V 00,000 for each such
failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev 7 - 97)
Form DEP 55-221 (01/01)
DEP Agreement No. LW536, Attachment H, Page I of 2
E
0
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee'or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous riling, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by the reporting entity for this covered
Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the Ist tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization riling the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item I (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "R-FP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal
agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4
or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Lost Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection Is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), WashingtonD.C. 20503.
Form DEP 55-221 (01/01)
DEP Agreement No. LW536, Attachment H, Page 2 of 2
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: LW536
1 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a tlircc-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation sliall be attached to this
certification.
Dated this - day of 20
By
Authorized Signaturc/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephonc Number
Form DEP 55-220 (01/01)
Page I of 2
DEP Agreement No. LW536, Attachment C, Page I of 2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
I . By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the Proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01/01) Page 2 of 2
DEP Agreement No. LW536, Attachment C. Page 2 of 2