HomeMy WebLinkAboutCity of Tamarac Resolution R-90-050Temp. Reso. ff5691
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--9 0 - ,_52>
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE. AN AGREEMENT
AND AMENDMENT TO AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF NATURAL
RESOURCES AND BROWARD COUNTY PERTAINING
TO THE FLORIDA BOATING IMPROVEMENT
PROGRAM FOR THE VETERANS PARK RESTROOM
PROJECT (PROJECT NO. B88-016), DNR
CONTRACT NUMBER C 5462; AND PROVIDING FOR.
AN EFFECTIVE: DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with the State of
Florida Department of Natural Resources and Broward County
pertaining to the Florida Boating Inipr:ovemerlt Program for the
Veteran's Park Restroom Project (Project No: B88-016), DNR.
Contract Number C-5462, a copy of said agreement is attached
hereto and made a part hereof as "Exhibit 1".
SECTION 2: That the appropriate City officials are
hereby authorized to execute an amendment to the above agree-
ment increasing the grant project amount to $50,000 and extend-
ing the project deadline to June 16, 1990; a copy of said
agreement is attached hereto and made a part. hereof as "Exhibit
2".
SECTION 3: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this %� day of 611
1990.
w wNORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLD as
to for
ALAN . OF
INTERIM CI7' ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR
ABRAMOWITZ
DISTRICT 1:
C/M LOHR
DISTRICT 2:.
C/M ELZER- .., tZ,.,�....,
DISTRICT 3: „
C/M HpF�F_M,l1fN.--,
DISTRICT 4:
V/M BENDER
le- ga rP
STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES
PWRIDA BOATING IMPROVEMENT PROGRAM
DEVELOPMENT PROJECT AGREEMENT
Contract No. C5462_
The State of Florida DEPARTMENT of Natural Resources, hereinafter
Oreferred to as the DEPARTHIM, Broward County, hereinafter referred to as
the COUNTY, and the City of Tamarac, hereinafter referred to as CITY, in
pursuance of a recreational boating project approved under the Florida
boating Improvement Program (FBIP), hereby agree to the following terms
and conditions:
1. This Agreement shall be performed in accordance with Chapter
327.28, Florida Statutes, and Chapters 16A-11 and 16D-5, Part III, Florida
Administrative Code.
2. The COUNTY, as the official applicant and recipient of program
funds, shall be responsible for grant administration and accountability.
The CITY shall act as agent for the COUNTY for construction of the project
authorized by this Agreement.
0 3. The CITY agrees to implement the recreational boating improvement
project known as Veteran's Park Restroom (FBIP Project No. B88016), in
accordance with the following project elements which may be modified with
due notice and good cause shown to the DEPARTMENT:
Construction of restroom and installation of water and sewer
lines. Restoration of pavement.
4. The CITY agrees to begin the project within six months after the
execution date of this Agreement and shall complete the project on or
before 365 days of the execution date. If the project is not completed
within this time, the DEPARTMENT shall withhold further payment and deny
any further request for project approvals until the project has been
completed.
5. If the COUNTY receives advanced funds and the"project is not
Atarted within 90 days of receipt, the COUNTY shall return to the
DEPARTMENT all advanced funds plus interest in the amount which would
havi ya�ccrued to the trust fund had the funds not been disbursed.
6. The DEPARTMENT agrees to obligate and make available to the
COUNTY the approved project amount of $30,000.00 to be used for the
project authorised by this Agreement. The funds will be released by the
DEPARTMENT in installments, unless advanced pursuant to the provisions of
Page 1 of 5
so
paragraph #22. The DEPARTMENT, COUNTY and CITY understand and agree that
there shall be no reimbursement of funds by the DEPARTMENT for any
expenditure made prior to the execution of the Agreement with the
exception of $ 0 for the following specific expenditures: N/A
7. Eligible and ineligible costs are established in Chapter 16A-11
and Chapter 16D-5, Part III Florida Administrative Code. 0
S. Payment request and expenditure documentation shall be submitted
in accordance with the DEPARTMENTIs Grant and Contract Accountability
Policy (Chapter 16A-11, F.A.C.). The Project Manager shall, within ninety
(90) days after receipt of a payment request, review the work accomplished
to date on the project and, if in order, approve the request for payment.
The DEPARTMENT shall retain 10% of grant amount until completion of the
project.
9. The COUNTY shall retain all records supporting project costs for
three (3) years after the fiscal year in which the final prdgram payment
was released by the DEPARTMENT or until final resolution of matter
resulting from litigation, claim, or audit that started prior to the
expiration of the three-year record retention period.
10. The DEPARTMENT reserves the right to inspect the project as •
well as the right to audit any and all financial records pertaining to
the project at any reasonable time. This Agreement can be unilaterally
cancelled by the DEPARTMENT should the COUNTY or CITY refuse to allow
public access to all documents, papers, letters or other material made or
received in conjunction with the Agreement pursuant to the provisions of
Chapter 119, Florida Statutes.
11. If it becomes necessary for the DEPARTMENT to demand a refund
of any or all funds tendered pursuant to this Agreement, the COUNTY and
CITY agrees to return said funds to the DEPARTMENT, with interest, within
sixty (60) days. If not returned within sixty days, the COUNTY and CITY
understands and agrees that any further COUNTY requests for funding as to
this or any other project under the DEPARTMENT administration shall be M
denied until the funds have been returned.
�12. Following receipt of an audit report identifying any reimbursement
due a DEPARTMENT, the COUNTY and CITY will be allowed a maximum of sixty
(60) days to submit additional documentation to offset the amount
identified, or to return the amount due.
_Page 2 of 5
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13. The COUNTY and CITY agrees that the project, when completed, will
be operated and maintained in a satisfactory condition for public
recreational boating purposes for a minimum twenty five (25) years from the
date of project completion. The COUNTY and CITY further agrees to return
. to the DEPARTMENT funds tendered for the project with interest, in the
event the project becomes utilised for other than public recreational
boating purposes during this period.
14. In the event the CITY elects to implement a user fee system for any
public facilities, the CITY agree to impose such fees uniformly among the
users regardless or race, sex, age, religion or other condition or the
Political jurisdiction in which the user may reside.
15. The COUNTY and CITY agree to bold the DEPARTMENT harmless from any
liability or claims that may result from the implementation of the project
or from alleged negligence in maintenance or operation.
16. Linda Reeves, Grants Specialist or her successor, is hereby
designated as the DEPARTMENT'S Project Manager for the purpose of this
0Agreement and shall be responsible for ensuring performance of its terms
and conditions and shall approve all reimbursement requests prior to
payment. The COUNTY shall appoint a Liaison Agent, whose name and title
shall be submitted to the DEPARTMENT upon execution of the Agreement, to
act on behalf of the COUNTY relative to the provisions of the Agreement.
The COUNTY'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 appropriate
information. Photographs shall be submitted when appropriate to reflect
the work accomplished.
17. The DEPARTMENT'S performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
16. (a) Any asphalt paving shall conform with the Florida
Department of Transportation's specifications for road
and bridge construction. Hid specifications, contracts
t and/or purchase orders must specify thickness of asphalt
and square yards to be paved.
Page 3 of 5
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(b) The Agreement does not constitute consent by the
DEPARTMENT to conduct dredging operations without first
obtaining all necessary local and State permits for said
dredging activity including permission from the Board of
Trustees of the Internal Improvement Trust Fund. Any
violations resulting from inproper/illegal dredging •
operations may result in automatic termination of the
Agreement by the DEPARTMENT with the COUNTY being held
liable for reimbursement of appropriated funds provided
through the Agreement plus interest.
19. It shall be the responsibility of the COUNTY to secure all
required permits.
20. The COUNTY and CITY shall insure that all purchases of goods and
services for the accomplishment of the project shall be secured in
accordance with the provisions of the law.
21. The Agreement shall become effective on the date of the signature
of the Division Director or his designee of the DEPARTMENT.
22. The DEPARTMENT, COUNTY and CITY mutually agree to the followi
special terms and conditions incorporated as part of this Agreement: N A
L-141 Page 4 of 5
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed by the officer and agents thereunto lawfully authorized.
Attest:
EXECUTIVE HOARD of THE
DEPARTMENT OF NATURAL RESOURCES
Hey vC. lAndrum, Direct
Division of Recreation and Pa
Date: / p,-,G *
At st: County of :. Hroward
By
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.�c� �•
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Attest:
f&uf
DNR Pro ect Manager
r
Approved as to
Form and Legality
NR Attorney
Lol
Date: &=Z
City of: Tamarac
By:
\,J U
Date:
— �F/07
Page 5 of 5
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16D-5.39 Accountability. The following procedures
Shall govern the accountability of program grant funds:
(1) iach county is responsible for maintaining
On accounting system which soots generally accepted accountinq
principles and for maintaining such financial records as are
aecsssar -to
y properly account !or all Program funds.
(2) Dpon completion of a project# documentation
. of expenditures shall be submitted to the Bureau as an attach -
sent to the Project Completion Certification.
(3) For All projects, the following information
to required upon project Completions .
(a) Project Completion Certificate, signed
by the liaison agent.
(b) The projoct-engineer's statement certifying
completion in accordance with subsection
l6D-S.36(1) of this Part (for boat ramp
and/or dock projects).
(c) Documentation of all expenditures incurred
against the project.
(d) A copy of any planning study report.
(e) A refund check for any unused program funds.
(4) For acquisition projects, the following additional
materials shall be submitted to the Bureau upon closing:
(a) Project Completion Certificate signed by
the liaison agent.
(b) A copy of the closing statement and
canceled checks to seller.
(c) Copy of warranty deed and title insurance
policy. •
(d) proof that the land acquired has been
officially dedicated as required by Sub-
section 16D-5.35(2)(b) of this Part.
(5) Authorised personnel of the Department may inspect
completed projects and audit project financial records.
• (6) If it is found by any state, county or independent
audit that funds have not been used in accordance with this part
and applicable laws, the county will be responsible for
repayment of misused funds to the Department for deposit in the
trust fund.
Specific Authority 370.021, .371.161, rs.
Laws Implemented 371.171, �371.65,
History: New 9 Previously numbered 161)-5.o3
t(- c741 s4O
160-S.38 Grant Conditions.
The following conditions
all apply to all funds distributed through the program:
(1) Facilities funded in whole or is part by
Program
funds shall
be administered and
slade available
to the
general
public on a
eon -exclusive basis
without regard
to
race, color, religion, age, sex, or other condition, or the
Political jurisdiction in which the user ray reside.
With the QMMMMMMMM�exception of artificial reefs 1
dredgin , aavigation, safety or information markers ali projects
must be marked with at least one prominently displayed permanent
s1 n recognising the Program. Such signs shall be constructed
Ln accordance with s
the Department.
signs shall be erected prior to project Completion and a photo-
raph of the sign in place shall be submitted along with the
Project Completion Certificate required by this Part. The cost
dmn�of such signs may be charged to the approved project grant.
ecifications provided
(3) The county commission shall be responsible
to the Department for insuring the satisfactory operation and
maintenance of sitef and facilities funded under this program.
(4) Prior to release of funds for approved projects,
the Bounty shall enter into a project agreement with the
Department. The project agreement -shall state the purposes
and conditions of the grant, the grant amount, and the project
Period. The county shall accept the terms and conditions of the
project agreement prior to its execution by the liaison agent
and the =xecutive Director.
(S) Any requested changes in the scope of the
Projects project period, or grant amount must be submitted
In writing to the Bureau:
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(DNR Contract Number)
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Amendment to Agreement
This is an Amendment to the Florida Boating Improvement .
Program Agreement entered into December 16, 1988, by and between
the Florida Department of Natural Resources, hereinafter referred
to as DEPARTMENT, Broward County, hereinafter referred to as
COUNTY, and the City of Tamarac, referred to as CITY, for the
boating improvement project known as Tamarac Veteran Park
Restroom, FBIP Project Number B88016, DNR Contract Number C5462.
The DEPARTMENT, COUNTY and CITY in mutual consideration of the
covenants made herein and in the Agreement of which this is an
Amendment, do covenant as follows:
Amend paragraph #6 to increase project amount to $50,000.00.
Amend paragraph #4 sentence 1 to read: This Agreement shall
begin on December 16, 1988 and end June 16, 1990.
In all other respects the Agreement of which this is
an Amendment and attachments relative thereto shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be duly executed on the day and year first
above written.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES BROWARD COUNTY
By: By:
Fran P. Mainella, Director
Division of Recreation and Parks Title:
DNIK Contract Manager
Approved as to
Form and Legality:
Department Attorneyv
BI
T:
B�
T.
Effective Date:
DNR 42-059
Revised 5-23-89
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