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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-272Page 1 Temp. Reso. #9161 09/27/00 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-97a., A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $102,500 WITH A CITY MATCH OF $102,500 FOR A TOTAL PROJECT COST OF $205,000, FROM THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) TO PROVIDE THE RESIDENTS AND VISITORS OF TAMARAC ENHANCED PARKS AND RECREATION PROGRAMS AT CAPORELLA PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING 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 City of Tamarac applied to the Division of Recreation and Parks of the Florida Department of Environmental Protection (DEP) for a grant in the amount of $102,500 to develop Caporella Park for public outdoor recreation and was awarded the grant; and WHEREAS, the City Commission accepted the grant and authorized a City match in Ordinance No. 0-2000-23; and 1 Page 2 Temp. Reso. #9161 09/27/00 WHEREAS, the City Manager and the Parks and Recreation Director recommend approval of an Agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding for Caporella Park; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute DEP's grant agreement for grant funding in the amount of $102,500 to enhance recreation and park facilities at Caporella Park to serve the needs of our residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the City Commission has approved the City's commitment by entering into a Project Grant Agreement — Development for the enhancements and improvements of outdoor recreational facilities; the appropriate City Officials are authorized to execute the Florida Department of Environmental Protection, Florida Recreation Development Assistance Program Project Grant Agreement — Development (DEP Contract F1249), attached hereto as Exhibit 1. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 0 1 1 Page 3 Temp. Reso. #9161 09/27/00 SECTION 4: If any clause, section, 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 applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this �� day of , 2000. ATTEST: qh'aUiA� MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have ;vthis RESOLUTION a tuto MITCHE-L-S. CITY ATTO ,/JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DW is COMM. PORTNER,_ OW !: COMAL MISHIGN OW & COMIrt. S AN01114 OW4: VIM T8 .,..,r,,,,' Temp. Reso. #9161 Exhibit 1 F1249 (DEP Contract Number) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this ! day of , 2000 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and the City of Tamarac, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to ss. 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with ss. 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this Agreement by reference, as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of Section 163.01, Florida Statutes, shall have application to this Agreement. 2. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing Page 1 of 13 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 21. 3. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Caporella Park (Florida Recreation Development Assistance Program, FRDAP Project Number F01249), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 4. 1f the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. zf the deficiency cannot be reasonably corrected within the deficiency period or within the time specified in the letter, whichever is later, the DEPARTMENT shall cancel this AGREEMENT. 5. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Bridge, Pavilion, Parking Area, Restroom, and other related support facilities. 6. Prior to commencement of PROJECT land development, the GRANTEE shall submit the documentation required by the Florida Page 2 of 13 0 Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in S. 62D-D.058(6)(f) of the RULE, to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development. 7. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $102,500.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 102,500.00 50� GRANTEE Match $ 102,500.00 50% Type of Match Cash, and/or In -Kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre --audit and post -audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D- 5.058(6)2(g), the DEPARTMENT will approve the request for payment. 8. Prior to commencement of PROJECT construction, the GRANTEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, Page 3 of 13 Form FPS-A034, referenced in s. 62D-5.058(7)(c)of the RULE, the DEPARTMENT will approve the request for payment. 9. The Grantee shall obtain all required local, state and federal environmental construction permits and approvals prior to commencement of project construction and shall certify to the Department by completing the Permitting Certification, F'PS-A034, referenced in s. 62D-5.058(7)(c) of the RULE. 10. 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 Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. 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 accounting for F'RDAP 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. 11. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention Page 4 of 13 period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three year retention period. 12. PROJECT funds may be reimbursed for eligible preagreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 13. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before . The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such request must be made prior to the PROJECT completion date. 14. The DEPARTMENT'S Contract Manager for the purpose of this Agreement 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, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this 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 Page 5 of 13 be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 15. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre -audit review and approval by the Comptroller of Florida in accordance with s. 17.03, Florida Statutes. 16. 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. 17. The GRANTEE shall comply with all federal, state and local rules and regulations in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. 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 Agreement. 18. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 19. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. Page 6 of 13 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non-compliance with this 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 the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 21. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this 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. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund due. 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. 22. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 23. Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. Page 7 of 13 24. 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. 25. 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 Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 26. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D-5.059(2). The dedication must be recorded in the public property records by the GRANTEE. Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. The dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 27. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized Page 8 of 13 aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 28. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 29. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 30. Any local governmental entity, nonprofit organization, or for -profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or (b) If the amounts received exceed.$25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that Page 9 of 13 the entity or organization has complied with the provisions of this Agreement. 31. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 32. In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum Page 10 of 13 r No. 11 (1998--99) dated December 2, 1999, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT's Contracts Section at 850/922-5942. 33. 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. 34. In addition, a copy of the audit or attestation as required in paragraph 30, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 35. This 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. 36. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. Page 11 of 13 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this 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 Agreement. Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORTDA DEPARTMENT OF ENVIRONMENTAL PROTECTION o ---_. By: jJ - Division Director (or Designee) Division of Recreation and Parks Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 DEP Contract Manager Approved as to Form and Legality: This form has been pre -approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on April 20, 2000, for use for one year. FPS-A046 Revised 05/99 Page 13 of 13 CITY OF TAMARAC By: SCHREIBER Title: MAYOR jl Day of �L 20(T Address: 7501 North University Drive Tamarac, FL 33321 ,4� 7__� T, JEFF . MILLER, CITY MANAGER ATTEST: RION f4WENSON', CITY Grantee Attorney MITCHELL S. KRAFT CITY ATTORNEY City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 -, Facsimile (954) 724-2454 Jeffrey L. Miller City Manager October 15, 2000 jeffm@tamarac.org Terri Messier, CPRP Community Program Administrator Bureau of Design and Recreation Services Division of Recreation and Parksm Mail Station #585 Florida Department of Environmental Protection Marjory Stoneman Douglas Building, 3900 Commonwealth Boulevard Tallahassee, FI- 32399-3000 Dear Ms. Messier: I am pleased to advise you that at its meeting on October 11, 2000, the Tamarac City Commission approved a resolution authorizing the appropriate City Officials to execute an Agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $102,500 with a city match of $102,500 for a total project cost of $205,000, from the Florida Recreation Development Assistance Program (FRDAP) to provide the residents and visitors of Tamarac enhanced parks and recreation programs at Caporella Park. Enclosed is a copy of the approved resolution for your files and two (2) original agreements executed by the City of Tamarac. Mrs. Kathleen Margoles, Director of Parks and Recreation, will be your contact with the City concerning this matter. Please feel free to contact her at (954) 724-2445. However, if there should be any problems of a serious consequence, I expect you to advise me directly and immediately. The City looks forward to working with you. Sincerely, J ey L. Miller City Manager KM/nw Cc: Kathleen Margoles, Director of Parks and Recreation Equal Opportunity Employer